HomeMy WebLinkAbout11-06-1989 Minutes
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City of San Bernardino, California
November 6, 1989
The Regular Meeting of the Mayor and Common Council of the
City of San Bernardino was called to order by Mayor Holcomb at
8:35 a.m., Monday, November 6, 1989, in the Council Chambers of
City Hall, 300 North "0" Street, San Bernardino, California.
ROLL CALL
Roll call was taken with the following being present: Mayor
Holcomb; Council Members Reilly, Maudsley, Minor, Miller; City
Attorney Penman, City Clerk Clark, City Administrator Julian.
Absent: Council Members Estrada, Flores, Pope-Ludlam.
RECESS MEETING - CLOSED SESSION
At 8:35 a.m., Council Member Reilly made a motion, seconded
by Council Member Miller and unanimously carried, that the Mayor
and Common Council and Community Development Commission recess to
closed session for the following:
a.
to confer with the
litigation pursuant to
54956.9(b)(1); as there
litigation;
attorney regarding pending
Government Code Section
is significant exposure to
( 1)
b.
to confer with the attorney regarding
litigation pursuant to Government Code
54956.9(c), so that Council/Commission may
whether to initiate litigation; (1)
pending
Section
decide
c. to confer with the attorney regarding pending
litigation which has been initiated formally to which
the City is a party pursuant to Government Code Section
54956.9(a) as follows: (1 & S-2)
Citv
Manaaement.
No. 238755;
of San Bernardino vs. California Construction
Inc.. et al - San Bernardino Superior Court Case
Saldecke. et al vs. City of San Bernardino. et al - San
Bernardino Superior Court Case No. 236836;
Cable Lake Association vs. Citv of San Bernardino - San
Bernardino Superior Court Case No. 239714 and Case No. 239649;
City of San Bernardino vs. San Bernardino Baseball Club.
Inc. - San Bernardino Superior Court Case No. 239193;
Stubblefield Construction ComDanv. et al vs. City of San
Bernardino. et al San Bernardino Superior Court Case No.
232998;
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Juan Manuel Sanchez vs. Citv of San Bernardino - United
States District Court Case No. CV87-229l AWT (Bx);
Charles H. Brown vs. Citv of San Bernardino - San Bernardino
Superior Court Case No. 243087;
Sock Dawson. et al vs. Ci tv of San Bernardino. et al-
United States District Court - Case No. SA 88-461 AHS (RWRx);
Barron/Alcarez vs. City of San Bernardino - San Bernardino
Superior Court Case No. 24~692;
Barratt. Inc.. vs. City of San Bernardino - San Bernardino
Superior Court Case No. 242433;
Reynolds vs. City of San Bernardino
Superior Court Case No. 248752;
San Bernardino
Dudlev Brewster. et al vs. Southern Pacific Railroad. et al
- San Bernardino Superior Court Case No. 249736;
Save San Bernardino vs. City of San Bernardino San
Bernardino Superior Court Case No. 250425;
Schendel vs. City of San Bernardino
Superior Court Case No. 222856;
. Edward White vs. City of San Bernardino - San Bernardino
Superior Court Case No. 235505;
San Bernardino
Mary Catlett vs. City of San Bernardino - San Bernardino
Superior Court Case No. 243782;
Jason Faulkner vs. Citv of San Bernardino - San Bernardino
Superior Court Case No. 226781.
Michael Wirth vs. City of San Bernardino - San Bernardino
Superior Court Case No. 251346;
Rinea Lucia vs. City of San Bernardino - San Bernardino
Superior Court Case No. 251476;
Stubblefield Construction Co. vs. City of San Bernardino-
San Bernardino Superior Court Case No. 252058;
Hudson vs. City of San Bernardino - San Bernardino Superior
Court Case No. 244466.
d.
pursuant to Government Code Section 54956.8 to give
instruction to the City's /Commission 's negotiator on
the purchase of property. The real property which the
negotiations concern is generally located along 201
North "E" Street. (1)
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to consider personnel matters pursuant to Government
Code Section 54957; (S-1)
f. pursuant to Government Code Section 54956.8 to give
instruction to the City's /Commission ' s negotiator on
the purchase of property. The real property which the
negotiations are concerned is generally located near
Highland Avenue and Arden Avenue; (S-1)
e.
g. to meet with its designated representatives regarding
labor relations matters pursuant to Government Code
Section 54957.6; (Fire negotiation) (S-3)
CLOSED SESSION
At 8:35 a.m. Mayor Holcomb called the closed session to
order in the Conference Room of the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken with the following being present: Mayor
Holcomb; Council Members Reilly, Maudsley, Minor, Miller; City
Attorney Penman, City Administrator Julian. Absent: Council
Member Estrada, Flores, Pope-Ludlam, City Clerk Clark.
Also present were: Senior Assistant City Attorney Barlow;
Assistant City Attorney Brue, Deputy City Administrator Robbins.
COUNCIL MEMBER ESTRADA ARRIVED AT CLOSED SESSION
At 8:40 a.m., Council Member Estrada arrived at the closed
session.
CITY CLERK CLARK ARRIVED AT CLOSED SESSION
At 8:43 a.m., City Clerk Clark arrived at the closed
session.
COUNCIL MEMBERS FLORES AND POPE-LUDLAM ARRIVED AT THE
CLOSED SESSION
Council Members Flores and Pope-Ludlam arrived at the closed
session.
CITY CLERK CLARK LEFT THE CLOSED SESSION
City Clerk Clark left the closed session.
READING OF RESOLUTIONS AND ORDINANCES
City Clerk Clark read the titles of all the resolutions and
ordinances on the regular and supplemental agenda.
ADJOURN CLOSED SESSION
At 9:25 a.m., the closed session adjourned to the Regular
meeting of the Mayor and Common Council of the City of San
Bernardino, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
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RECONVENE MEETING
At 9 :25 a.m., Mayor Holcomb called the Regular meeting of
the Mayor and Common Council to order in the Council Chambers of
City Hall, 300 North "0" Street, San Bernardino, California.
ROLL CALL
Roll call was taken with the following being present:
Holcomb; Council Members Estrada, Reilly, Flores, Minor,
Ludlam, Miller; City Attorney Penman, City Clerk Clark,
Administrator Julian. Absent: Council Member Maudsley.
Mayor
Pope-
City
INVOCATION
The Invocation was given by Reverend Elijah Singletary of
New Life Missionary Baptist Church.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiarice was led by Council Member Reilly.
PUBLIC COMMENT - SHIRLEY LANE - BLIGHT ABATEMENT
Shirley Lane, 4444 North 4th Avenue, San Bernardino, stated
that she and her husband received a notice of violation for the
blight abatement program. She stated that they are not opposed
to cleaning up their property, but felt that they were treated
unfairly. She explained that the notice was sent to her
landlord, rather than directly to her. Ms. Lane stated the
violation does not indicate what code they have violated. She
further stated that she did not understand the compliance code
and what needs to be done to comply. Ms. Lane stated that they
have spent over $600 to clean up and improve their property. Ms.
Lane informed the Council that her husband sells junk at the swap
meet and this is why her yard has junk. Ms. Lane requested more
clarification on the blight abatement program, so that they can
try to comply. (3)
Mayor Holcomb directed staff to have a representative from
Building and Safety visit Ms. Lane's home to assist in clarifying
what needs to be accomplished to be in compliance with the blight
abatement ordinance.
PUBLIC COMMENT - BOB GREEN - ENVIRONMENTAL PROBLEM
Mr. Bob Green, 3524 Belmont Avenue, San Bernardino,
complained about the noise and dirt in his area. He stated that
he and his family live in a dirt cloud. His property is
surrounded by vacant land, which was cleared for a parking lot
during the Western Regional Little League tournament. He stated
that there are bikers who ride their dirt bikes all day, causing
a tremendous amount of noise and dirt. (3)
A discussion ensued regarding the owner of the surrounding
property. It was pointed out the City's Water Department owns
the property.
Mayor Holcomb directed Ms. Lorraine Velarde, Executive
Assistant to the Mayor, to gather the necessary information from
Mr. Green so that it can be investigated further.
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PUBLIC COMMENT - SUSAN HARTMANN - ASSISTANCE TO THE
HOMELESS
Susan Hartmann spoke regarding the homeless problems. She
stated that the Salvation Army will not be able to assist the
homeless until November 22, 1989. (3)
REQUEST TO BE HEARD - FIRE INSPECTORS DISPUTE -
ROBERT C. ELLIOTT
In a letter dated October 18, 1989, Robert C. Elliott,
General Manager, San Bernardino Public Employees Association,
requested an opportunity to be heard before the Mayor and Common
Council regarding a resolution to the dispute involving fire
inspectors and their inclu~ion as safety members. (4)
Mr. Robert C. Elliott stated that the
for the fire inspectors should be as
suggested that the Council set aside the
fair resolution to the problem.
correct classification
safety members. He
dispute and provide a
A discussion ensued regarding which employees are considered
safety members.
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Mayor Holcomb responded that
fight fires like the fire fighters.
inspections for buildings, so they
safety members.
the fire inspectors do not
Their job is to perform fire
should not be classified as
No official action was taken.
ACQUISITION OF SOUTHERN CALIFORNIA WATER COMPANY SYSTEM -
HIGHLAND AND DELMANN HEIGHTS SERVICE AREA - PROGRESS REPORT
In a memorandum dated October 25, 1989, Herbert B. Wessel,
General Manager of the San Bernardino Municipal Water Department,
stated that in 1984, the City of San Bernardino entered into a
joint powers agreement with East Valley Water District for the
purpose of acquiring Southern California Water Company's Highland
and De1mann Heights system water service area. The water system
was being acquired to enable the City and the District to advance
the health interests of the public, improve fire safety
interests, and further the economic development opportunities of
the areas served by the City and the District. (5)
Mr.
District
Finance,
meeting.
Larry Rowe, General Manager for the East Valley Water
and Mr. Bernie Kersey, Director of Administration and
City Water Department, were present at the Council
.
Mr. Rowe referred to the memorandum dated October 25, 1989,
prepared by Mr. Bernie Kersey, which outlines the agreement
reached with the East Valley Water District and the City Water
Department.
Mr. Kersey stated that an agreement had been reached to
acquire Southern California Water Company's Highland and Delmann
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System Water Service area. The Highland system is located within
the East Valley Water District's service area and the Delmann
Heights System is located within the Water Department's service
area. He stated that the agreement is going through the
condemnation process and that the final judgment in condemnation
by stipulation is $5.465 million. The cost will be apportioned
between the Water Department and East Valley Water District on
the basis of appraised valuations. It is estimated that East
Valley's share is 88 percent and the City's share is 12 percent.
Mayor Holcomb commended the Water Department and East Valley
Water District for coming to an agreement. He stated that the
water service will be a first-class operation.
APPOINTMENT - POLICE COMMISSION - DAVID L. THOMAS
In a memorandum dated October 24, 1989, Mayor Holcomb
recommended the appointment of Mr. David L. Thomas, 5495 Louise
Street, San Bernardino, to the Police Commission as requested by
Council Member Minor. (7)
Council Member Minor made a motion, seconded by Council
Member Miller and unanimously carried, that the appointment of
Mr. David L. Thomas to the Police Commission, as requested by
Council Member Tom Minor, be approved.
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COUNCIL MEMBER REILLY EXCUSED
Council Member Reilly left the Council meeting.
APPOINTMENTS - MUNICIPAL WATER DISTRICT'S ADVISORY
COMMISSION - MAYOR HOLCOMB - COUNCIL MEMBER ESTRADA
In a memorandum dated October 27, 1989, City Administrator
Julian recommended the appointment of Mayor Holcomb as the City's
representative and Council Member Estrada as an alternate member
to the Municipal Water District's Advisory Commission. (7)
Council Member Minor made a motion, seconded by Council
Member Miller and unanimously carried, that the San Bernardino
Municipal Water District's Advisory Commission on water policy be
advised that the City's designated representatives to the
District's Advisory Commission on water policy are: Mayor
Holcomb, member; Council Member Estrada, alternate member.
APPOINTMENT - SANBAG BOARD OF DIRECTORS -
COUNCIL MEMBER MILLER
In a memorandum dated October 27, 1989, City Administrator
Julian recommended the appointment of Council Member Norine
Miller as alternate member to the SANBAG Board of Directors.
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Council Member Flores made a motion, seconded by Council
Member Minor and unanimously carried, that SANBAG be advised that
the City's designated alternate member to the SANBAG Board of
Directors is Council Member Norine Miller. (7)
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PRESENTATION - YOUTH APPRECIATION WEEK -
NOVEMBER 5-11, 1989
Lorraine Velarde, Executive Assistant to the Mayor, read a
proclamation establishing the second week of November as Youth
Appreciation Week.
Mayor Holcomb presented Ms. Terri Tanner, Treasurer of the
San Bernardino High Optimist Evening Club, a proclamation. An
identical proclamation was presented to Ms. Patti Gonzales,
President of San Bernardino Optimist Afternoon Club.
Ms. Patti Gonzales explained the youth appreciation program.
PRESENTATION - BUCKLE ,UP FOR LIFE CHALLENGE
Lorraine Velarde, Executive Assistant to the Mayor, read a
proclamation declaring the remaining holiday months of 1989 and
all of 1990 as Buckle Up for Life Challenge.
Mayor Holcomb presented the proclamation to Jerry Hodgson,
Safety Officer. (6)
Mr. Jerry Hodgson, Safety Officer, spoke regarding the
safety program. He stated that he has received a tremendous
amount of support from the City for the safety program.
APPROVAL OF COUNCIL MINUTES - SEPTEMBER 18, 1989 -
SEPTEMBER 25, 1989 - OCTOBER 6, 1989 - OCTOBER 16, 1989
OCTOBER 18, 1989
Council Member Miller made a motion, seconded by Council
Member Flores and unanimously carried, that the minutes of the
meetings of the Mayor and Common Council of the City of San
Bernardino held on the following dates be approved as submitted
in typewritten form: September 18, 1989; September 25, 1989;
October 6, 1989; October 16, 1989; October 18, 1989. (8)
PERSONNEL COMMITTEE REPORT - OCTOBER 19, 1989
In a memorandum dated October 20, 1989, Council Member
Reilly presented a report of the Personnel Committee meeting held
on October 19, 1989. The following items were on the agenda:
(9 )
a.
b.
c.
d.
e.
f.
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Employment contracts study including department
heads- proposed contracts for top management.
Proposed Police Department reorganization.
Re-establishment of SBETA Division Chief position.
Data system salary survey for new classifications-
proposed additional staffing - Data Processing.
Planning Department salary and classification
adjustments.
Traffic engineering related positions.
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Council Member Miller made a motion, seconded by Council
Member Flores and unanimously carried, that the report from the
Personnel Committee, dated October 19, 1989, be received and
filed.
LEGISLATIVE COMMITTEE REPORT - OCTOBER 19, 1989
In a memorandum dated October 23, 1989, Council Member Minor
presented a report from the Legislative Review Committee meeting
held on October 19, 1989. The following items were discussed at
the meeting: (10)
a. Resolution of the City of San Bernardino supporting the
California Desert Protection Act.
b. Motion picture and television production permits.
c. Lien collection and methods of control.
d. Proposed ordinance relative to urgency demolition
procedures.
e. Discussion of single family rental business license
ordinance - oral report by City Clerk.
f. Sign ordinance.
g. Proposed school at Little League/Belmont, Verdemont
school site.
h. Sewer service evaluation.
i. Community care facilities.
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Council Member Miller made a motion,
Member Flores and unanimously carried, that
Legislative Review Committee meeting held on
received and filed.
seconded by Council
the report from the
October 19, 1989, be
WAYS AND MEANS COMMITTEE REPORT -
In a memorandum dated October
Estrada presented a report from the
meeting held on October 30, 1989.
discussed at the meeting:
OCTOBER 30, 1989
31, 1989, Council Member
Ways and Means Committee
The following items were
(11)
a. Approve use of CDBG funds to finance the installation
of highway safety lighting on "D" Street from 5th
Street to Baseline Street; 5th Street from "R" Street
to "F" Street; and Arrowhead Avenue from 5th Street to
Baseline Street.
b. Discussion of Community Development reporting.
c. Pros and cons of contracting.
d. Participation in development of regional air quality
element program.
Council Member Miller made a motion, seconded by Council
Member Flores and unanimously carried, that the report from the
Ways and Means Committee meeting held on October 30, 1989, be
received and filed.
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COUNCIL MEMBER REILLY RETURNED
Council Member Reilly returned to the Council meeting and
took his place at the council table.
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QUARTERLY REPORT FROM SAN BERNARDINO CONVENTION AND
VISITORS BUREAU
In a memorandum dated October 13, 1989, James Richardson,
Deputy City Administrator, Development Services, stated that the
agreement between the City and the San Bernardino Convention and
Visitors Bureau (SBCVB) requires that a quarterly report be
provided. The report being presented is for the period from
July 1, to September 30, 1989. (12)
Council Member Reilly made a motion, seconded by Council
Member Flores and unanimously carried, that the quarterly report
from the San Bernardino Convention and Visitors Bureau to the
Mayor and Common Council be received and filed.
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CLAIMS AND PAYROLL
Council Member Reilly made a motion, seconded by Council
Member Flores and unanimously carried, that the claims and
payrolls and the authorization to issue warrants as listed on the
memorandum from the Director of Finance dated October 23, 1989,
be approved. (13)
PERSONNEL ACTIONS
Council Member Reilly made a motion, seconded by Council
Member Flores and unanimously carried, that the Personnel Actions
dated October 19, 1989, submitted by the Chief Examiner, in
accordance with all administrative regulations of the City of San
Bernardino, be approved. (14)
WAIVING OF RESOLUTIONS
Council Member Minor made a motion, seconded by Council
Member Pope-Ludlam and unanimously carried, that further reading
of all the resolutions on the regular and supplemental agendas be
waived and said resolutions be adopted.
COUNCIL MEMBER FLORES EXCUSED
Council Member Flores left the Council meeting.
RES. 89-430 A RESOLUTION OF THE CITY OF SAN
BERNARDINO SUPPORTING THE CONCEPT OF COUNTING TOTAL
PERSONS IN THE 1990 CENSUS WITHOUT REGARD TO
CITIZENSHIP STATUS. (15)
It was suggested that a committee be formed to address the
City's promotional aspects to ensure that the entire population
is counted for the 1990 census.
Mayor Holcomb stated that Mr. Jerry Butler had been
appointed to establish a program that would accurately count the
number of people in the City for the 1990 census.
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Council Member Estrada made a motion, seconded by Council
Member Pope-Ludlam, that said resolution be adopted.
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Resolution No. 89-430 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Minor, Pope-Ludlam,
Miller. Noes: None. Absent: Council Members Flores, Maudsley.
COUNCIL MEMBER FLORES RETURNED
Council Member Flores returned to the Council meeting and
took his place at the council table.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council meeting.
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RES. 89-431 - RESOLUTION OF THE CITY OF SAN BERNARDINO
IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY
LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS
OF THE ABATEMENT OF PUBLIC NUISANCES (1811 W. 9TH ST.,
588 W. 10TH ST., 481 W. 14TH ST., 2061 W. 17TH ST.,
1265 W. 19TH ST., 747 W. 27TH ST., 1040 1/2 W.
BASELINE , 2005 DUMBARTON, 2334 N. FLORES, 3215 N. "G"
ST., 3033 GLENVIEW, 1320 W. KINGMAN, 1172 N. MEDICAL
CENTER DR., 3945 N. SIERRA WAY, 345 S. STODDARD, 723 S.
VALLEY VIEW AVE., 145 W. VINE ST.) (16)
RES. 89-432 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING A FIVE (5) YEAR LEASE PURCHASE AGREEMENT
WITH XEROX FOR THE FINANCING OF ONE (1) XEROX 5090
DUPLICATOR. (17)
RES. 89-433 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AN
AGREEMENT WITH EUGENE R. HENRIKSEN RELATING TO POLICE
FIREARMS TRAINING AND THE SAN BERNARDINO POLICE PISTOL
RANGE. (18)
Council Member Minor made a motion, seconded by Council
Member Reilly, that said resolutions be adopted.
Resolution Nos. 89-431, 89-432 and 89-433 were adopted by
the following vote: Ayes: Council Members Estrada, Reilly,
Flores, Minor, Miller. Noes: None. Absent: Council Members
Maudsley, Pope-Ludlam.
RES. 89-434 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO HUBBS EQUIPMENT AND CONSTRUCTION
COMPANY FOR IMPROVEMENTS TO PERRIS HILL PARK. (20)
Council Member Minor made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
.
Resolution No. 89-434 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Minor, Miller.
Noes: None. Absent: Council Members Maudsley, Pope-Ludlam.
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Council Member Minor made a motion, seconded by Council
Member Reilly and unanimously carried, that the transfer of
$20,000 from Account No. 243-363-57531, "Improvements of Nunez
Park", to Account No, 243-363-57524, "Picnic Facilities - perris
Hill park", be approved.
A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
AND DIRECTING THE EXECUTION OF ESCROW INSTRUCTIONS AND
A GRANT DEED, RELATIVE TO THE SALE OF PROPERTY LOCATED
AT 181 SOUTH "G" STREET, TO THE REDEVELOPMENT AGENCY.
(19)
City Attorney Penman answered questions regarding the
wording of "escrow instructions" in the resolution.
Mayor Holcomb stated that the Redevelopment Agency is buying
the property from the City and there is no need for an escrow.
Council Member Estrada made a motion, seconded by Council
Member Reilly and unanimously carried, that the sale go forward
without the necessity of an escrow.
.
RES. 89-435 A RESOLUTION OF THE CITY OF SAN
BERNARDINO DETERMINING THE AMOUNT OF PROPERTY TAX
REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE CITY OF
SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO,
RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY
LAFC 2570. (S/E CORNER OF HILL DRIVE AND THIRD
AVENUE). (21)
Council Member Flores made a motion, seconded by Council
Member Miller, that said resolution be adopted.
Resolution No. 89-435 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Minor, Miller.
Noes: None. Absent: Council Members Maudsley, Pope-Ludlam.
Council Member Flores made a motion, seconded by Council
Member Miller and unanimously carried, that the Director of
Public Works/City Engineer and the City Clerk be authorized to
proceed with the proposed annexation of the territory generally
located south of Hill Drive, east of Third Avenue.
COUNCIL MEMBER POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned to the Council meeting
and took her place at the council table.
MC-681 ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING CHAPTER 3.13 OF THE SAN BERNARDINO MUNICIPAL
CODE RELATING TO THE WAIVER OF FEES FOR CHARITABLE
ORGANIZATIONS. (FINAL) (22)
.
A discussion ensued
would have to reimburse
ordinance is adopted.
regarding the amount of money the City
to nonprofit organizations if this
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City Attorney Penman answered questions regarding the
paid by the Lighthouse for the Blind. He stated that the fee
paid prior to the effective time period of the ordinance.
explained that the proposed ordinance would put a tap on
waiver of fees.
fee
was
He
the
Council Member Reilly made a motion, seconded by Council
Member Estrada and unanimously carried, that final reading of
said ordinance be waived and said ordinance be adopted.
MC-681 was adopted by the following vote: Ayes: Council
Members Estrada, Reilly, pope-Ludlam, Miller. Noes: Council
Members Flores, Minor. Absent: Council Member Maudsley.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council meeting.
PROTEST HEARING - PROPOSED IMPROVEMENTS IN ASSESSMENT
DISTRICT NO. 985 - CONTINUED FROM OCTOBER 16, 1989
This is the time and place continued to for a protest
hearing and adoption of a resolution regarding proposed
improvements in Assessment District No. 985. (23)
In a memorandum dated September 26, 1989, Roger Hardgrave,
Director of Public works/City Engineer, requested the adoption of
the resolution modifying and confirming the assessment and
ordering the improvements. He explained that a Notice of
Improvement was posted on streets within the proposed district on
September 15, 1989, and a Notice of Improvement was mailed to
each property owner in the proposed district on September 15. On
September 22, said notice was published in the Sun Newspaper.
No protests have been received.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO MODIFYING AND CONFIRMING ASSESSMENT
AND ORDERING CONSTRUCTION OF IMPROVEMENTS IN ASSESSMENT
DISTRICT NO. 985, (Industrial Parkway Improvement
District) .
Roger Hardgrave, City Engineer, requested that this protest
hearing be continued to December 18, 1989, due to technical
reasons.
Council Member Minor made a motion, seconded by Council
Member Flores and unanimously carried, that the protest hearing
be continued to the Council meeting of December 18, 1989, in the
Council Chambers of City. Hall, 300 North "D" Street, San
Bernardino.
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PROTEST HEARING - STREET VACATION - FRONTAGE ROAD
WEST OF WATERMAN AVENUE, SOUTH OF CAROLINE STREET -
CONTINUED FROM OCTOBER 2, 1989
This is the time and place continued to for a
hearing regarding a street vacation of the frontage road
Waterman Avenue, south of Caroline Street.
protest
west of
(24)
In a memorandum dated June 20, 1989, Roger Hardgrave,
Director of Public Works/City Engineer, stated that through
informal meetings with The Sunset Group and the City of
Riverside, concern has been expressed by the City of Riverside
regarding the access to their property. The City of Riverside
has requested an easement for water lines over the entire area of
the proposed vacation.
A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
VACATION OF THAT CERTAIN FRONTAGE ROAD, WEST OF
WATERMAN AVENUE, SOUTH OF CAROLINE STREET, IN THE CITY
OF SAN BERNARDINO, AND RESERVING EASEMENTS THEREIN.
(24)
COUNCIL MEMBER POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned to the Council meeting
and took her place at the council table.
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Roger Hardgrave, City Engineer, stated that this should be
continued to December 4, 1989, to allow the City of Riverside
more time to work out the final details.
Council Member Miller made a motion, seconded by Council
Member Estrada and unanimously carried, that the protest hearing
for the street vacation of frontage road west of Waterman Avenue,
south of Caroline Street, be continued to December 4, 1989.
PUBLIC HEARING - PROPOSED VERDEMONT AREA PUBLIC WORKS
INFRASTRUCTURE FINANCING PLAN - CONTINUED FROM OCTOBER
16, 1989
This the time and place continued to for a public hearing
regarding the proposed Verdemont area public works infrastructure
financing plan. (25)
.
In a memorandum dated September 21, 1989, Roger Hardgrave,
Director of Public Works/City Engineer, stated that concern had
been expressed regarding the absence of a complete system of
public works infrastructure improvements in the Verdemont area.
As a result of that concern, a Verdemont area public works
financing plan has been developed to raise the revenue to finance
the installation of public works improvements on the existing
streets. Improvements to be installed are depicted on the map
included in the financing plan.
Mayor Holcomb opened the hearing.
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RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE
VERDEMONT AREA PUBLIC WORKS INFRASTRUCTURE FINANCING
PLAN. (25)
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
15.73 TO THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE
THE PURCHASE OF DEVELOPMENT RIGHTS AS A CONDITION FOR
ISSUANCE OF A BUILDING PERMIT IN THE VERDEMONT AREA.
(New version - prepared October 27, 1989) (25)
City Attorney Penman stated that he had consulted the bond
securities firm, and the attorney from that firm will be present
this afternoon. He explained that the bond security firm will be
faxing some material to his office, and asked if this item could
be continued until this afternoon, so the additional information
can be presented.
Susan Hartmann stated that the Mayor owns property in the
Verdemont area, so this is a conflict of interest.
City Attorney Penman confirmed that the Mayor has no
conflict of interest in this matter. He stated that the Mayor
does not own any property in the verdemont area.
David Mlynarski, 501 North Placentia, Fullerton, California,
92631, representing Monnig Development, spoke in support of the
proposed Verdemont Financing Plan. He stated that he met with
the Mayor's Office and the Engineering Department and has
reviewed the proposed development rights program and the
ordinance.
Mayor Holcomb explained what the Verdemont infrastructure
plan is designed to accomplish. He stated that the City would be
selling development rights to developers. He also stated that if
enough development rights are sold, the City would be able to
install the major infrastructures all at once.
Roger Hardgrave stated that the price for each development
right for the first year would be $7,369. Following is a
breakdown of the cost for each year up to the fifth year.
$ 8,474 - second year
$ 9,745 - third year
$10,720 - fourth year
$11,792 - fifth year
Mayor Holcomb explained the developer rights program.
City Attorney Penman explained why his signature was not on
the ordinance. He anticipated that by the final reading, the
ordinance will be signed. He further stated that his office has
questions regarding the issue, because the rights that are to be
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sold are subject to the Securities and Exchange Commission rules
and laws. He would like to be sure that the City is not in
violation any of these rules and laws. Mr. Penman stated that he
has consulted with the securities firm on this matter.
City Attorney Penman stated that his office does not have
expertise with the securities and exchange commission, and he has
contacted an outside law firm for their analysis. He stated
that the sales documents must have full disclosure.
sewer
sale.
knows
He further stated that there is a difference between the
capacity rights sale and those of the development rights
With the sale of the sewer capacity rights, the City
the capacity rights of the sewer plant.
He also stated that there is concern with AB1600, which went
into effect January 1, 1989, and basically requires that any
fees paid by developers be related to the project they are
developing.
It was suggested that the resolution should come back for
adoption when the ordinance receives its final reading.
Council Member Minor made a motion, seconded by Council
Member Reilly and unanimously carried, that the first reading of
said ordinance be waived and said ordinance be laid over for
~ final passage.
The City Attorney agreed to confer with the securities law
firm on these concerns mentioned above.
RECESS MEETING
At 10:40 a.m., Mayor Holcomb recessed the meeting for a ten-
minute break.
RECONVENE MEETING
At 10:55 a.m., Mayor Holcomb reconvened the Regular Meeting
of the Mayor and Common Council/Community Development Commission
of the City of San Bernardino in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken with the following being present: Mayor
Holcomb; Council Members Estrada, Reilly, Flores, Minor, Pope-
Ludlam; City Attorney Penman, City Clerk Clark, City
Administrator Julian. Absent: Council Members Maudsley, Miller.
~
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AWARDING A CONTRACT TO RIVERSIDE
CONSTRUCTION COMPANY FOR THE IMPROVEMENT OF INDUSTRIAL
PARKWAY, FROM PALM AVENUE TO CABLE CREEK CHANNEL IN
ASSESSMENT DISTRICT NO. 985. (Continue from October
16, 1989) (28)
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Council Member Minor made a motion, seconded by Council
Member Flores, and unanimously carried, that said resolution be
continued to the Council meeting of December 18, 1989, in the
Council Chambers of City Hall, 300 North "0" Street, San
Bernardino, California.
BOND REFINANCING PROGRAM AND PROPOSED EXPENDITURES
CONTINUED FROM OCTOBER 25, 1989
In a memorandum dated October 20, 1989, Shauna Clark, City
Clerk, listed priorities set forth by the Mayor and Council at
the October 18, 1989, Council meeting for the expenditure of
bond refinancing revenues. (29)
City Administrator Julian stated that the Council needs to
review and list streets for proposed improvements under the bond
act monies.
Mayor Holcomb stated that he would like the Council
priority to street improvements where the City can
matching funds from the state for these improvements.
to give
receive
City Administrator Julian answered questions regarding the
bond refinancing program.
.
COUNCIL MEMBER MILLER RETURNED
At 11:00 a.m., Council Member Miller returned to the Council
meeting and took her place at the council table.
Mayor Holcomb stated that he will be attending a meeting
with Mr. William Leonard, State Transportation Board, and Wes
McDaniels, Executive Director of Sanbag, to clarify the use of
state money for street improvements. The Mayor asked Council
Members Minor, Pope-Ludlam and Miller to attend this meeting.
Mayor Holcomb stated that Ken Henderson, Director of
Community Development, has put together a map showing streets on
a priority basis that can be funded by the Redevelopment Agency.
Council Member Minor made a
Member Reilly and unanimously
consideration and allocation of
refinancing program be tabled.
motion, seconded by Council
carried, that the review,
the revenues from the bond
REVENUE ENHANCEMENT PROPOSALS - CONTINUED FROM
OCTOBER 25, 1989
This is the time and place continued to discuss the proposed
revenue enhancement proposals. (30)
.
In a report dated October 17, 1989, James Richardson, Deputy
City Administrator, Development Services, listed and described
revenue enhancement proposals submitted by various departments.
The report listed the proposed programs and outlined the amount
of funds needed to implement these programs.
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Mayor Holcomb stated that more revenue producing programs
need to be researched.
Mayor Holcomb spoke regarding problems with the City's
streets.
A discussion ensued regarding possible revenue enhancement
programs.
No action was taken on this item.
COUNCIL MEMBER MAUDSLEY RETURNED
At 11:20 a.m., Council Member Maudsley returned to the
Council meeting and took his place at the council table.
HOMELESS COORDINATOR CONTRACTUAL POSITION
In a memorandum dated October 26, 1989, Council Member
Pope-Ludlam reported that the Homeless Ad Hoc Committee was
formed to research, study and make recommendations to the Mayor
and Council on the homeless problems. The Committee determined
that the homeless problem is severe and with the upcoming cold
weather, immediate action by the Mayor and Council is required.
The Committee has recommended that a homeless coordinator
contractual position be established to develop a strategy,
provide direction and coordinate the function of addressing the
homeless problem. (31)
.
Ken Henderson, Director, Community Development, reported
that the task force has met on three occasions to discuss a
number of items related to the homeless problem in the City. He
stated that all the issues have not been clearly defined in
detail, but it was determined that most of the homeless problems
relate to the lack of services provided by nonprofit agencies.
It was pointed out that many of the nonprofit agencies that
are providing shelter to the homeless are closing down because of
insufficient funds to stay in operation.
Mr. Henderson stated that it is important that the Council
keep in mind that the homeless situation is a regional problem.
It is important to determine whether or not it is appropriate for
the City to take a lead agency role in this particular endeavor.
He spoke regarding the services provided by San Bernardino
County Public Services for the hotel voucher system in the
downtown area.
He stated that the Committee is trying to determine what
steps have been implemented for the short term program and what
role the City will play in the long term management of the
homeless problem. .
.
Mr. Henderson also talked about available funding and the
agencies that are able to assist in the homeless problem.
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It was pointed out that the homeless situation is causing
deterioration of the downtown area.
A discussion
improvements in the
in the future.
ensued regarding the investments and
downtown area and making it a better place
Community Development Director Henderson answered questions
regarding the county's efforts toward the homeless problem.
City Administrator Julian stated that San Bernardino is the
focal point for the homeless in Rialto, Colton, Highland, Grand
Terrace and other surrounding cities. Because of this, the City
has a much greater problem than the County as a whole.
Community Development Director Henderson answered questions
regarding the type of funds the county may be receiving to
provide services to the homeless.
.
Mr. Alvin Ricks, Executive Director of the Mental Health
Association, 600 South "G" Street, San Bernardino, spoke
regarding the homeless problem. He stated that the homeless
coordinator primarily will need to gather information about the
existing services. The person chosen will need to have
expertise in grant writing and researching bond monies.
It was pointed out that
of what the County of San
homeless.
the coordinator must also be aware
Bernardino is arranging for the
It was suggested that a proper job description be prepared
and be brought back to the Council.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Estrada and unanimously carried, that the Mayor
and Common Council approve in concept a homeless coordinator
contractual position to develop a strategy and coordinate
homeless services of the many governmental agencies, non-profit
organizations and church groups in the City of San Bernardino;
that the City Administrator be directed to identify funding for
the position; that the County be requested to share 50% of the
costs, and that a proper job description be prepared and brought
back to the next Council meeting.
.
APPEAL - DECISION OF BOARD OF BUILDING COMMISSION'S
RELATIVE TO THE DEMOLITION OF RESIDENCE AT 1040 1/2
WEST BASELINE - PAMELA S. AND DULCINEA PEREA
In a memorandum dated October 18, 1989, Larry Reed,
Director, Building and Safety, outlined essential facts
pertaining to the background of the property at 1040 1/2 West
Baseline Avenue. He stated that the code enforcement personnel
had inspected the property and found that the property was
severely burned. The code enforcement officer renailed some
loose sheets of plywood and posted the property with unsafe
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warning signs. A file was created and a ten-day notice was
given to the owners to board and secure the property properly;
the property was reinspected and it was found that the property
was reopened, with loose sheets of plywood. The code enforcement
officer again resecured the property. The property was scheduled
before the BBC to obtain an order for the owner to demolish the
building. (32)
Mr. Reed stated that the applicant, Dulcinea Perea, appealed
the decision of the Board of Building Commissioners based on the
following reasons: 1) the house was her primary residence before
the fire; 2) the house was not insured at the time of the fire,
and she was unable to rehabilitate it within the 180 days; 3) the
house was quitclaimed to Pamela Perea in August, 1989; and 4)
Pamela Perea is presently in a position to rehabilitate the
house.
At the Council Meeting of September 6, 1989, the Council
referred the appeal back to the Board of Building Commissioners
for review and consideration of additional information.
.
Mr. Larry Reed, Planning and Building and Safety Director,
summarized the background of the events that occurred. He stated
that when the BBC reviewed the property, it was determined that
because the property was out of zone for more than twenty-five
years and the house was more than 50% destroyed in the fire, it
was ordered that the owner demolish the house.
Larry Reed, Director of Planning and Building and Safety,
answered questions regarding the thre"e conditions under which
properties that have non-conforming uses can be discontinued.
These are the conditions: 1) the property has been abandoned or
vacant for more than 180 days; 2) if more than 50 percent of the
house has been destroyed by a fire; and 3) if it goes beyond the
life of the building. It is stated in the ordinance that for
residential wood frame homes, the life is 20 years.
Paul Perea Jr., explained that the home was not burned more
than 50 percent. Under the current ordinance of the City, if the
house was not destroyed more than 50 percent, it can be rebuild.
The family has tried to obtain a building permit, but were
unsuccessful because the family had not lived in the house for
180 days. Mr. Perea stated that if the family can obtain the
proper building permits, they would rebuild the home.
City Attorney Penman answered questions regarding the
legalities of issuing a building permit to the Perea family to
rebuild their home. He stated that the Council has the authority
to override the Commission's decision and make a determination
to grant a waiver of the requirements of the zoning.
.
A discussion ensued regarding the time frame needed to
obtain the building permits and begin construction of the home.
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~ Mayor Holcomb recommended the granting of the appeal on the
condition that the Pereas have a building permit within 90 days
and that construction begin within 120 days.
Larry Reed, Director of Planning and Building and Safety,
stated it is his understanding that the ordinance requires that
any building that is more than 20 years old and out of zone be
demolished. He further stated that he will not issue any
building permits that are in violation of the City's ordinance.
City Attorney Penman suggested that this item be continued
for three to six months. During that period of time, a review of
the ordinances should be conducted and brought back to the
Council with recommended modifications to alleviate Mr. Reed's
concerns regarding not issuing a building permit that is in
violation of the ordinance.
Council Member Pope-Ludlam made
Council Member Miller, to order a stay
the appeal be continued for 60 days.
a motion, seconded by
on all demolition; that
The motion carried by the following vote: Ayes: Council
Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller.
Noes: Council Member Minor. Absent: None.
.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller, to instruct the City Attorney, working
with the Department of Building and Safety, to prepare the
necessary amendment to the ordinance to allow the issuance of
building permits and bring the ordinance back at the next
meeting.
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Pope-Ludlam, Miller. Noes:
Members Flores, Maudsley, Minor. Absent: None.
It was pointed out that at 1040 1/2 West Baseline, there is
a small building located to the side in front of the burned
house.
Council
Council
Ms. Perea answered questions regarding the use of this small
vacant building. She stated that she had it leased, but when she
received the order of demolition, she terminated the lease. Ms.
Perea stated that if the City so requires, she will tear down
this building so that she may rebuild her home.
A discussion ensued regarding the status of the small office
building in front of the Perea home.
.
RECESS MEETING - LUNCHEON WORKSHOP - CLOSED SESSION
At 12:29 a.m., Council Member Miller made a motion, seconded
by Council Member Estrada and unanimously carried, to recess the
meeting to the Management Information Center (MIC), for a
luncheon workshop in closed session for the following:
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to consider personnel matters pursuant to Government
Code Section 54957;
CONVENE LUNCHEON MEETING - CLOSED SESSION
At 12:45 a.m., Mayor Holcomb convened the luncheon workshop
in the Management Information Center (MIC), Sixth Floor, City
Hall, 300 North "D" Street, San Bernardino, California. (26)
a.
ROLL CALL
Roll call was taken with the following being present: Mayor
Holcomb; Council Members Estrada, Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk
Clark, City Administrator Julian. Absent: None.
Also present were: Dr. Blum, Wayne Harp, Larry Richards,
Donald Levann, Nancy Bohl, Dwayne McAfee, Gordon Johnson, Dan
Robbins, and James Robbins.
COUNCIL MEMBER MILLER EXCUSED
At 1:40 p.m., Council Member Miller left the Council
meeting.
.
ADJOURN CLOSED SESSION - LUNCHEON MEETING
At 1:55 p.m., Mayor Holcomb adjourned the luncheon meeting
to the Regular Meeting of the Mayor and Common Council/Community
Development Commission in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
RECONVENE MEETING
At 2:12 p.m., Mayor Holcomb reconvened the meeting of the
Mayor and Common CounCil/Community Development Commission in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken with the following being present: Mayor
Holcomb; Council Members Estrada, Reilly, Flores, Maudsley,
Minor; Deputy City Attorney Empeno, City Clerk Clark, City
Administrator Julian. Absent: Council Members Pope-Ludlam,
Miller.
.
LICENSING OF JOURNEYMAN PLUMBERS AND RELATED PIPING
TRADESPERSONS
In a memorandum dated October 18, 1989, Larry Reed, Director
of Building and Safety, stated that although many of the
tradespersons in the plumbing and mechanical field continue to
have high quality skills and current knowledge, the number is
declining. Inspectors doing plumbing inspections indicate that
they are faced with an increasing lack of code knowledge,
incompetence and poor workmanship. City inspectors are spending
more and more time teaching, explaining code requirements,
writing more correction notices and making more reinspections.
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The proposed concept is to license all journeyman, plumbers and
tradespersons, and would require that persons actually installing
plumbing and piping in the City would be trained, certified and
tested for competency. (33)
Council Member Minor made a motion, seconded by Council
Member Flores and unanimously carried, that the concept of
licensing journeyman plumbers and related piping tradespersons
be referred to Council Legislative Review Committee for
discussion.
PROPOSAL TO INCREASE PLAN CHECKING FEES AND PLAN
CHECKING STAFF
In a memorandum dated October 18, 1989, Larry Reed,
Director of Building and Safety, recommended increasing plan
checking fees and plan checking staff. He referred to his memo
dated July 10, 1989 to City Administrator Julian, explaining the
duties of the plan checkers and the amount of work being
performed on a monthly basis. The concept of additional staff
would provide better service to the public. (34)
Council Member Estrada made a motion, seconded by Council
Member Reilly and unanimously carried, that the proposal for
increasing plan check fees and plan check staff be referred to
the Council Ways and Means subcommittee for discussion.
REQUEST FOR PROPOSALS TO STUDY AND MAKE RECOMMENDATIONS
REGARDING THE ARCHIVAL OF OLD BUILDING CONSTRUCTION
PLANS
In a memorandum dated September 13, 1989, Larry Reed,
Director, Planning and Building and Safety, stated that the
Building and Safety's records are a "mess". The Department did
develop a plan for centralizing the files into a hard-copy high
density filing system which is about 56 percent complete, but to
continue this, it would require the purchase of additional filing
units and the allocation of more space. However, this hard copy
filing system does not address the mountain of construction plans
of finaled buildings the Department is currently storing. These
plans of buildings are currently not retrievable for use by the
public or staff. (35)
Mr. Reed also explained in his memorandum that the longer
term way to store and maintain this resource is microfilming.
Organizing the plans to make them ready for microfilming could be
costly, and there is ongoing maintenance. The Department is
seeking authority through Request for Proposals to determine
approximate cost of organizing our files for microfilming.
It was recommended that Building and Safety investigate
updated microfilming techniques used, such as optical scanners.
A discussion ensued regarding updating the archival system
for old building construction plans into the 20th century.
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Council Member Estrada made a motion, seconded by Council
Member Minor and unanimously carried, that the request for
authorization to do an RFP for a study and recommendation on the
retention of older building construction plans be referred to the
Council Ways and Means subcommittee.
REQUEST FOR EXEMPTION OF PARK AND RECREATION FEES FOR
USE OF PERRIS HILL PARK PARKING LOT - NOVEMBER 16-19,
1989 - CASA ALL SCHOOLS CARNIVAL/TALENT SHOW
In a memorandum dated, October 24, 1989, City Administrator
Julian stated he had received a request from the San Bernardino
Community and School Alliance Foundation for a waiver of fees for
use of the parking area at perris Hill Park. The request makes
reference to "parking fees"; however, the request should be
considered for waiving the fees for use of the area. (36)
City Administrator Julian requested that this item be
received and filed.
It was pointed out that the waiver of fees for special
events, parades and carnivals was reviewed by the Legislative
Review Committee.
A discussion ensued regarding the type of waiver of fees
discussed at the Legislative Review Committee.
.
Council Member Estrada made a motion, seconded by Council
Member Flores and unanimously carried, to continue this item to
this afternoon. (See Page 37)
COUNCIL MEMBER
At 2:20 p.m.,
Council Meeting and
POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned
took her place at the council table.
to the
CITY ATTORNEY PENMAN ARRIVED
City Attorney Penman arrived at the Council meeting and
replaced Deputy City Attorney Empeno.
PROPOSED REORGANIZATION OF POLICE DEPARTMENT
In a memorandum dated October 24, 1989, City Administrator
Julian stated that the Police Department's table of organization
has been in place since September of 1986. The current table of
organization does not provide for an assistant chief, night
managers, or a research and development unit. The absence of
these positions has gradually impaired department effectiveness
and pointed out a need for department reorganization. The
position of assistant chief was deleted when the department last
reorganized in 1986. (37)
.
Council Member Maudsley made a motion, seconded by Council
Member Minor and unanimously carried, that the Mayor and Common
Council concur in the proposed reorganization of the Police
Department, reduce the number of positions of captain from four
to three and establish the position of Assistant Chief at a
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salary mid-way between the salary of captain and Chief of Police,
or as may be determined by Charter Section 186; and further, that
the effective date of this action be at the start of the next
regular pay period; and that the Director of Personnel be
directed to prepare the necessary amendments to Resolution Nos.
6429 and 6433 to reflect the deletion of one position of captain
and the addition of one position of assistant chief.
ESTABLISHMENT OF SALARIES FOR POLICE DEPARTMENT RANGES
P-1, P-2, p-3 - EFFECTIVE AUGUST 1, 1989
In a memorandum dated October 20, 1989, Gordon Johnson,
Personnel Director, stated that Section 186 of the City Charter
establishes a formula for setting salaries for local safety
members effective each August 1st. City staff has reached an
agreement with representatives of the San Bernardino Police
Officers' Association on the ten cities whose salaries will be
averaged to determine this year's P-1, P-2 and P-3 salaries for
the Police Department. ( 38)
Council Member Minor made a motion, seconded by Council
Member Flores and unanimously carried, that the salaries for
Police Department Ranges P-1, P-2 and P-3 be established as
outlined in the staff report effective August 1, 1989; and that
the Director of Personnel be directed to prepare an amendment to
Resolution No. 6429.
ESTABLISHMENT OF SALARIES FOR FIRE DEPARTMENT RANGES
P-1, P-2, P-3 AND P-4 - EFFECTIVE AUGUST 1, 1989
In a memorandum dated October 26, 1989, Gordon Johnson,
Director of Personnel, stated that Section 186 of the City
Charter establishes a formula for setting salaries for local
safety members effective each August 1st. City staff has reached
an agreement with representatives of the San Bernardino/Rialto
Firefighters' Local 891 on the ten cities whose salaries will be
averaged to determine this year's P-1, P-2, P-3 and p-4 salaries
for the Fire Department. (39)
Council Member Estrada made a motion, seconded by Council
Member Flores and unanimously carried, that the salaries for Fire
Department Ranges P-1, P~2, P-3 and P-4 be established as
outlined in the staff report effective August 1, 1989; and that
the Director of Personnel be directed to prepare an amendment to
Resolution No. 6429.
ESTABLISHMENT OF ABATEMENT AIDE SALARY PUBLIC
SERVICES
In a memorandum dated October 26, 1989, Gordon Johnson,
Personnel Director, stated that he received a request from Manuel
Moreno Jr., Director of Public Services, to fill a vacant
abatement aide position. The position has been frozen for
several years, but is funded in this year's budget. There is no
salary established and the last time it was listed was in
Resolution No. 86-410. After reviewing the job description and
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comparing the position to the others in the salary resolution,
Mr. Julian recommended that Council approve setting the salary
range for abatement aide at range 1078. The Council Personnel
Committee reviewed this item at their October 5, 1989, meeting
and recommended approval by the full Council. (40)
Council Member Estrada made a motion, seconded by Council
Member Flores and unanimously carried, that the salary range for
Abatement Aide be set at range 1078; and that the Director of
Personnel be directed to prepare an amendment to Resolution 6413,
Section 10, General Employees.
CITY ATTORNEY PENMAN EXCUSED
Deputy City Attorney Empeno replaced City Attorney Penman at
the Council meeting.
.
ESTABLISHMENT OF ASSOCIATE TRAFFIC ENGINEER POSITION-
PUBLIC WORKS
In a memorandum dated October 26, 1989, Personnel Director
Johnson stated that he received a request from Roger Hardgrave,
City Engineer, to replace the existing vacant position of
Assistant Traffic Engineer with an Associate Traffic Engineer.
The new job would require an additional year of experience in
traffic or transportation engineering and the new task of
overseeing the work of the maintenance supervisors. After
surveying several comparable cities and considering internal
relationships, it was determined range 2149 to be the appropriate
salary level. (41)
Council Member Estrada made a motion, seconded by Council
Member Minor and unanimously carried, that the position of
Associate Traffic Engineer be established and the salary range be
set at range 2149; and that the Director of Personnel be directed
to prepare an amendment to Resolution No. 6433 and Resolution
6413, Section 11, Middle Management Employees.
PROPOSED VACATION OF A PORTION OF CAROLINE STREET, WEST
OF WATERMAN AVENUE AND EAST OF CLUB WAY - PLAN APPROVAL
In a memorandum dated October 16, 1989, Roger Hardgrave,
Director of Public Works/City Engineer, stated that he received a
request from S.P. Commercial Developments on October 5, 1989, to
vacate a portion of Caroline Street, west of Waterman Avenue and
east of Club Way. The petitioner has deposited the required
$200.00, which represents one-half of the total fee of $400.00.
The remaining $200.00 will be due after the investigative
proceedings. Due to the heavy commercial development in the
above mentioned area and the building of new streets, there are
now two sections of the street named Caroline Street. The
proposed vacation would eliminate the duplication. (43)
.
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Council Member Estrada made a motion, seconded by Council
Member Minor and unanimously carried, that the Director of Public
works/City Engineer and the City Clerk be authorized and directed
to proceed with the proposed vacation of a portion of Caroline
Street, west of Waterman Avenue and east of Club Way; and that
Plan No. 7944, showing the proposed vacation of a portion of
Caroline Street, west of Waterman Avenue and east of Club Way, be
approved.
REDES IGNATION OF SAFETY OFFICER POSITION AND
AUTHORIZATION OF POSITION OF TYPIST CLERK III - RISK
MANAGEMENT DIVISION
In a memorandum dated October 19, 1989, Marshall Julian,
City Administrator, provided a report by James Robbins, Deputy
City Administrator, dated September 11, 1989. In the report, Mr.
Robbins stated that the safety officer position is a professional
position, as are a number of other mid-management positions. It
deals on a daily basis with division and department heads,
inspections, reviewing, recommending improvement in safety
conditions, training, developing policy and procedures, and
investigation of city employee related accidents. It is
requested and recommended that it be reinstated as a mid-
management position. (42)
COUNCIL MEMBER MILLER ARRIVED
At 2:30 p.m., Council Member Miller arrived at the Council
meeting and took her place at the council table.
City Administrator Julian answered questions regarding
establishing the position of safety officer to mid-management.
He also answered questions regarding the span of control for the
safety officer position.
A discussion ensued regarding the history of the safety
officer position.
Council Member Maudsley made a motion,
Member Estrada, to deny the request of
position of safety officer to mid-management.
seconded by Council
redesignating the
motion failed by the following vote: Ayes:
Estrada, Flores, Maudsley. Noes: Council
Minor, Pope-Ludlam. Abstain: Council Member
None.
Council
Members
Miller.
The
Members
Reilly,
Absent:
Council Member Reilly made a motion, seconded by Council
Member Minor, that the position of safety officer be redesignated
from the general employee unit to the middle management unit, at
salary range 2127 ($2292 - 3085).
The motion failed by the following vote:
Members Reilly, Minor, Pope-Ludlam. Noes:
Estrada, Flores, Maudsley. Abstain: Council
Absent: None.
Council
Members
Miller.
Ayes:
Council
Member
26
11/6/89
r----- --
.
.
.
f
Council Member Minor made a motion, seconded by Council
Member Maudsley and unanimously carried, that the request for
redesignation of the position of safety officer to mid-
management, and the request to add the position of Typist Clerk
II to the Risk Management Division, be referred to the Personnel
Committee.
AMEND SCOPE OF ASSESSMENT DISTRICT NO. 987 - VERDEMONT
AREA IMPROVEMENT DISTRICT
In a memorandum dated October 16, 1989, Roger Hardgrave,
Director of Public works/City Engineer, stated that the proposed
action is the result of further studies related to the
improvement of Palm Avenue between the 1-215 Freeway and
Verdemont Drive. The scope of the original district was for the
construction of curbs, gutters, paving, sidewalk and street
lights. The improvement of Palm Avenue is only a portion (zone)
of a larger district which includes the chestnut drain and the
signals and box culvert at Palm and Kendall. (45)
Council Member Minor made a motion, seconded by Council
Member Maudsley and unanimously carried, that the Mayor and
Common Council hereby determine that the public convenience and
necessity require, and the City Engineer and City Clerk be
authorized and directed to amend the scope of Assessment District
No. 987 to include the installation of sanitary sewer facilities
in portions of Palm Avenue, north of the centerline of Interstate
Highway 1-215.
REQUEST FOR SEWER WAIVER - ASSESSOR PARCEL #142-043-04,
NE CORNER OF FOOTHILL BLVD AND PARLEY STREET - PIT STOP
A GO GO
In a memorandum dated October 25, 1989, Roger Hardgrave,
Director of Public Works/City Engineer, stated that he received a
request from the owner of Assessor Parcel No. 142-043-4 for a
sewer waiver for said parcel in connection with their proposed go
cart track. The go cart track is currently being reviewed by the
City as Conditional Use Permit No. 89-41. (44)
Council Member Reilly made a motion, seconded by Council
Member Minor and unanimously carried, that the request for sewer
waiver for property located at the northeast corner of Foothill
Boulevard and Parley Street, be received and filed.
APPEAL - PLANNING COMMISSION'S APPROVAL OF TENTATIVE
TRACT NO. 14209 - REQUEST TO SUBDIVIDE 15.65 ACRES INTO
41 SINGLE FAMILY HOME LOTS - CONTINUED FROM OCTOBER 16,
1989
This is the time and place continued to hear an appeal
filed by Vicki Flanders on the Planning Commission'S approval of
Tentative Tract No. 14209 to subdivide 15.65 acres into 41 single
family home lots, located at the southwest corner of Palm and
Washington Avenues. The applicant for Tentative Tract No. 14209
is Palm Partners. (46)
27
11/6/89
.
.
.
r
In a memorandum dated October 3, 1989, former Planning
Director Kilger stated that the appellant requested that the
Mayor and Council reconsider this approval and deny Tentative
Tract No. 14209. He explained that the appellant is basing the
appeal on the need for a new elementary school in the Verdemont
area, the storm drain problems, and the traffic congestion on
Palm and Washington Avenues.
Vicki Flanders spoke in opposition to the approval of
Tentative Tract No. 14209. She expressed concern over existing
neighborhood health and safety issues that have not been
adequately addressed for the verdemont area. Ms. Flanders stated
that the school problems still exist and the Verdemont area is
lacking an additional elementary school. She requested that the
Council delay the approval of Tract 14209 and all new development
in Verdemont until the health and safety issues are met and
infrastructure including schools are in place or at least
started.
Bud Roberts, 27007 5th Street, Sierra Engineering, the
representative for Palm Partners, spoke in opposition to the
appeal. He stated that all the issues in the appellant's request
have been addressed. He noted that page 3 of the staff report,
states that as of September 29, 1989, Kimbark Elementary School
had an enrollment of 718 students. The school is now on a year-
round program because of last year's over-capacity problem.
Kimbark's Functional Maximum Capacity (FMC) is about 823 students
for its year-round program so it is not operating above the
capacity amount.
Council Member Minor made a motion, seconded by Council
Member Reilly and unanimously carried, that the hearing be
closed, that the appeal be denied; that Tentative Tract No. 14209
be approved subject to the findings of fact, conditions of
approval and standard requirements contained in the September 19,
1989 staff report to the Planning Commission; and that the
mitigation measures reporting/monitoring program be adopted.
(Supports staff recommendation and Planning Commission action.)
TRANSPORTATION COMMITTEE REPORT - OCTOBER 30, 1989
In a memorandum dated November I, 1989, Council Member Pope-
Ludlam, Chairperson for the Transportation Committee presented
the report from the Transportation Committee meeting of October
30, 1989. The following items were discussed: (S-4)
a. Proposed freeway. agreement - Route 30/330, from Del
Rosa Avenue to 1.0 miles north of Highland Avenue.
b. Report relative to vehicle pool costs.
c. Proposed ordinance restricting truck traffic on
Waterman Avenue.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Estrada and unanimously carried, that the report
from the Transportation Committee meeting dated October 30, 1989,
be received and filed.
28
11/6/89
J
.
CITY ATTORNEY PENMAN RETURNED
City Attorney Penman returned to the Council meeting and
replaced Deputy City Attorney Empeno.
IMPROVEMENTS TO THE HISTORY WALK AT SECCOMBE LAKE PARK -
FUNDING REQUIREMENTS
In a memorandum dated October 31, 1989, Annie Ramos,
Director of Parks, Recreation and Community Services, stated
there have been delays and increased costs during Phase 1-B
construction of Seccombe Lake Park including cost overruns in the
area of the history walk and history tree. The More Attractive
Community Foundation has been working with various entities, to
come up with a design that will be compatible with the overall
park. The More Attractive Foundation has covered much of the
additional costs, but because of the scope of the project, it
will either not be able to complete the project, or will have to
significantly reduce its quality. (S-18)
Because of extra costs, the project budget does not have the
funds to assist with the costs of the history walk additions.
Attached to the staff report was an itemized listing of the
additional costs of $14,775 which would assure completion of the
history walk in a first class manner.
.
Council Member Estrada made a motion, seconded by Council
Member Flores and unanimously carried, that approximately $15,000
be added to the contract amount for improvements at Seccombe Lake
Park to accommodate unforeseen costs in connection with the
history walk project.
WAYS AND MEANS COMMITTEE REPORT - NOVEMBER 3, 1989
In a memorandum dated November 3, 1989, Council Member
Estrada, Chairperson for the Ways and Means Committee, presented
a report from the Ways and Means Committee meeting held on
November 3, 1989. The topic of discussion was the additional
funding requirements for 'improvements to the history walk at
Seccombe Lake Park. (S-5)
Council Member Estrada made a motion, seconded by Council
Member Miller and unanimously carried, that the report from the
Ways and Means Committee meeting dated November 3, 1989, be
received and filed.
COUNCIL MEMBER REILLY EXCUSED
Council Member Reilly left the Council meeting.
.
OBSTRUCTION ON PUBLIC SIDEWALK CREATING TRAFFIC HAZARD
AT POST OFFICE - 1663 E. DATE STREET
In a memorandum addressed to City Attorney Penman, dated
October 5, 1989 staff report dated November 1, 1989, Manuel
Moreno, Jr., Director of Public Services, requested the removal
of news vending racks on city property for safety reasons. Mr.
Moreno stated that he had received a letter from the Post Office
at 1663 E. Date Street, requesting the removal of the newsracks
29
11/6/89
.
for the following reasons: 1) they are blocking visibility of
oncoming traffic for the drivers exiting the driveway, which
could create a liability for the City; 2) drivers stopping to
pick up a newspaper or magazine have to park in a red zone; and
3) the racks are drilled into the sidewalks or pavement creating
potential damage to the underground infrastructure. (S-6)
City Attorney Penman requested that this item be received
and filed. He stated that there is a question as to whether or
not the newsracks are blocking traffic. He further stated that
the City Attorney's Office is working on an ordinance to prevent
this type of complaint from occurring again.
A discussion ensued regarding the news racks
traffic and visual hazard for vehicles entering and
post office.
creating a
exiting the
Mayor Holcomb issued an administrative order to remove these
newsracks.
Council Member Maudsley made a motion, seconded by Council
Member Miller and unanimously carried, that the issue of
newsracks creating visual obstruction for vehicles be tabled.
.
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
19.50.080 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING
TO HOME OCCUPATION PERMITS. (FIRST) (S-7)
Council Member Miller made a motion, seconded by Council
Member Maudsley and unanimously carried, that the first reading
of the ordinance be waived and said ordinance be laid over for
final passage.
COUNCIL MEMBER REILLY RETURNED
Council Member Reilly returned to the Council meeting and
took his place at the council table.
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
12.92.040 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING
TO THE CITY PAYING A PORTION OF THE COST OF REPAIR FOR
SIDEWALKS. (FIRST) (S-8B)
City Administrator Julian answered questions regarding the
type of damages for which the City would pay half of the costs.
He further stated that the intent of the ordinance is to cover an
area where there is damage to the sidewalk not caused by city
trees.
A discussion ensued regarding how it would be determined if
the City should pay half the cost for damages.
.
Mayor Holcomb suggested that the Council authorize in
principal the payment of half the cost.
30
11/6/89
-T
.
Council Member Minor made a motion, seconded by Council
Member Miller and unanimously carried, that the first reading of
the ordinance be waived and said ordinance be laid over for final
passage.
ORDINANCE OF THE CITY OF SAN BERNARDINO
SECTION 15.20.050 TO REQUIRE LANDSCAPING
ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR
VACANT MORE THAN 180 DAYS.
AMENDING
PRIOR TO
BUILDINGS
(S-9B)
A discussion ensued regarding landscape plans being approved
prior to the issuance of a certificate of occupancy.
Council Member Reilly made a motion, seconded by Council
Member Flores and unanimously carried, to refer said ordinance to
the Legislative Review Committee.
ORDINANCE OF THE CITY OF
15.34 REQUIRING A PERMIT
(5) TREES.
SAN BERNARDINO ADDING CHAPTER
FOR REMOVAL OF MORE THAN FIVE
(S-10B)
.
A discussion ensued regarding the fact that the ordinance
is not specific in identifying the types of trees that should be
preserved. It was requested that the ordinance be more specific.
Paul Chaney, landscape contractor and certified arborist,
stated that the proposed ordinance as written does not specify
who is to decide which trees are worth preserving; who will make
sure the inspection is performed; and who will be the qualified
person. He pointed out that the ordinance states that a building
official shall cause the inspection to be performed. He asked if
this building official is qualified to evaluate trees or will a
private consultant be hired.
City Attorney Penman answered questions regarding rewriting
of the ordinance. He stated that the ordinance should be
referred to the Legislative Review Committee.
Council Member Maudsley made a motion, to approve the
ordinance with an urgency provision to include a sunset clause of
90 days and exempting Christmas tree farms.
Council Member Minor made a motion, seconded by Council
Member Miller and unanimously carried, that the ordinance be
continued to later this afternoon, to allow the City Attorney to
amend the ordinance. (See related item S-10A, page 34)
.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE SECTIONS 9.12.010, 9.12.030
SUBSECTION B AND 9.12.040 SUBSECTION A AND REPEALING
SAN BERNARDINO MUNICIPAL CODE SECTION 9.12.020 AND
DECLARING THE URGENCY THEREOF. (S-l1A)
31
11/6/89
F'
.
City Attorney Penman explained the background of the
proposed ordinance. He also stated that the ordinance is in
response to problems occurring in City Hall. Presently, there
are interferences with city business and harassment of city
employees.
A discussion ensued regarding the type of problems that have
occurred with city employees in City Hall.
City Clerk Clark explained that her
encountered problems by certain individuals
counter and interrupting city business for
employees.
office staff
approaching
the public
has
the
and
Council Member Maudsley made a motion, seconded by Council
Member Minor, that further reading of the ordinance be waived and
that said ordinance be adopted.
The
Members
Estrada,
motion
Flores,
Reilly,
failed by the following vote:
Maudsley, Miller. Noes:
Minor, Pope-Ludlam. Absent:
Ayes:
Council
None.
Council
Members
.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE SECTIONS 9.12.010, 9.12.030
SUBSECTION BAND 9.12.040 SUBSECTION A AND REPEALING
SAN BERNARDINO MUNICIPAL CODE SECTION 9.12.020.
(FIRST) (S-l1B)
Council Member Minor made a motion,
Member Maudsley, that said ordinance be
passage.
The motion carried by the following vote:
Members Flores, Maudsley, Minor, Miller. Noes:
Estrada, Reilly, Pope-Ludlam. Absent: None.
seconded by Council
laid over for final
Ayes: Council
Council Members
COUNCIL MEMBER FLORES EXCUSED
Council Member Flores left the Council meeting.
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
18.04.050 AND 19.02.030 AND AMENDING SECTIONS 18.80.010
AND 19.82.030 TO THE SAN BERNARDINO MUNICIPAL CODE AND
ESTABLISHING CRIMINAL VIOLATIONS FOR NONCOMPLIANCE OF
CONDITIONS OF SUBDIVISION MAPS, CONDITIONAL USE
PERMITS, AND OTHER PERMITS. (S-12B)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Estrada, that said ordinance regarding conditions
of subdivision maps, conditional use permits and other permits
be referred to the Legislative Review Committee.
.
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Maudsley, Pope-Ludlam, Miller.
Council Member Minor. Absent: Council Member Flores.
Council
Noes:
32
11/6/89
.
COUNCIL MEMBER FLORES RETURNED
Council Member Flores returned to the Council meeting and
took his place at the council table.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SECTION 1.04.100 TO THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE OFFERING OF REWARDS. (FIRST)
(S-13)
Council Member Miller made a motion, seconded by Council
Member Minor and unanimously carried, that first reading of the
ordinance be waived and said ordinance be laid over for final
passage.
RES. 89-436 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING A
REWARD OF $1,000 FOR INFORMATION LEADING TO THE ARREST
AND CONVICTION OF ANY PERSON FOR WILLFULLY DEFACING OR
PUTTING GRAFFITI ON PUBLIC OR PRIVATE BUILDINGS OR
PROPERTY. (S-14)
Council Member Miller made a motion, seconded by Council
Member Minor, that said resolution be adopted.
.
Resolution No. 89-436 was adopted by the following vote:
Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-
Ludlam, Miller. Noes: None. Absent: None.
RES. 89-437 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING A
REWARD OF $1,000 FOR INFORMATION LEADING TO THE ARREST
AND CONVICTION OF ANY PERSON FOR WILLFULLY DUMPING ON
PUBLIC OR PRIVATE PROPERTY. (S-15)
Council Member Miller made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
Resolution No. 89-437 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller. Noes: None. Absent: None.
RES. 89-438 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MONNIG
DEVELOPMENT, INC., RELATING TO CONSTRUCTION OF A STORM
DRAIN FROM THE INTERSECTION OF LITTLE LEAGUE DRIVE AND
MEYERS ROAD TO MEYERS CREEK. (S-16)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller, that said resolution be adopted.
.
Resolution No. 89-438 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor,
pope-Ludlam, Miller. Noes: None. Absent: None.
33
11/6/89
f'
.
SECCOMBE LAKE PARK CHANGE ORDER NO. FIVE-
INSTALLATION OF HEAVY DUTY PLASTIC TOILET PARTITIONS
WITHIN THREE RESTROOM BUILDINGS - MARINA CONTRACTORS
In a memorandum dated November 1, 1989, Roger Hardgrave,
Director of Public Works/City Engineer, stated that contract
documents prepared by the architect for this project specified
laminated metal toilet partitions for the restroom buildings.
The Parks and Recreation Department has requested that heavy duty
plastic toilet partitions be installed, due to greater durability
and resistance to vandalism. (S-17)
The contractor has quoted a price of $10,468.75 for
substituting heavy-duty plastic partitions in lieu of laminated
metal. This price has been verified by the Parks and Recreation
Department as being consistent with the differences in prices for
these two materials.
Council Member pope-Ludlam made a motion, seconded by
Council Member Miller and unanimously carried, that Change Order
No. Five to the contract with Marina Contractors, Inc., for the
construction of Seccombe Lake Park, Phase I-B, in accordance with
Plan No. 7444, be approved; and that the contractors be
authorized to install heavy duty plastic toilet partitions in
lieu of laminated metal toilet partitions within the three
restroom buildings, for an increase in the contract price of
... $10,468.75, from $2,116,197.72 to $2,126,666.47.
MC-682 - ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
CHAPTER 15.34 REQUIRING A PERMIT FOR REMOVAL OF MORE
THAN FIVE (5) TREES, AND DECLARING THE URGENCY THEREOF.
(Continued from earlier in meeting.) (FINAL) (S-10A)
(See Page 31)
City Attorney Penman read the corrections for the ordinance.
On page 1, line 27, the following words should be added:
commercial tree farms are ,also excepted from this Chapter. On
page 2, the words "building official" should be changed to
"planning official." On page 3, line 10, the words "immediately
upon its adoption" should be followed by "and remain in effect
for 90 days thereafter".
Annie Ramos, Director of Parks, Recreation and Community
Services, answered questions regarding the qualifications of
personnel in the field of plant material and trees.
Council Member Minor made a motion, seconded by Council
Member Miller and unanimously carried, that the final reading of
the ordinance be waived, said ordinance be amended by
interdelineation as set forth above, and adopted as amended.
.
MC-682 was adopted by the following vote: Ayes: Council
Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller. Noes: None. Absent: None.
34
11/6/89
.
.
.
.
INFORMATIONAL BROCHURE OUTLINING NEW ORDINANCES AND
CITY ACTIVITIES
In a memorandum dated November 2, 1989, City Administrator
Julian suggested that a community information brochure be
prepared for mailing to every resident and business location in
the city. He stated that the City has adopted a number of new
ordinances, resolutions, etc., during the past year which affect
tenants, business operators and every property owner.
Information regarding the highlights of the major programs has
been carried by the media (radio, television and newspaper);
however, no single information source could be expected to reach
everyone concerned. The format would be patterned after similar
brochures issued regularly by many other cities. (S-19)
Council Member Estrada made a motion, seconded by Council
Member Minor and unanimously carried, to refer the printing and
distribution of a citywide informational brochure to the Ways and
Means Committee.
COMMUNITY WIDE CLEAN-UP DAY
In a memorandum dated November 2, 1989, City Administrator
Julian stated that $1,000,000 from bond proceeds has been
allocated by the Mayor and Council for use in blight abatement
activities. As per the discussion at the Council meeting of
October 25, 1989, the funds allocated are intended for use in
various types of blight abatement programs. (S-20)
It has been suggested that the first programmed use of these
funds be for a massive community cleanup effort. Principal
traffic arteries would be the major focus of the one-day
(weekend) activity, fanning out into adjacent residential areas.
Mayor Holcomb explained in detail how the community clean-up
day would operate.
Mayor Holcomb stated that notices will be published
informing the community of the clean-up day. Designated clean up
areas will be handled on a first-come first-served basis.
Council Member Minor made a motion, seconded by Council
Member Reilly and unanimously carried, that Council approve in
concept the community-wide clean-up day and work out the details
by the next Council meeting.
PUBLIC HEARING - DEVELOPMENT OF PATTON PARK PROPERTY
CONTINUED FROM OCTOBER 2, 1989
This the time and place continued to for a public
regarding the development of the Patton Park property.
hearing
(27)
RESOLUTION OF THE CITY OF SAN BERNARDINO RENEWING THE
COMMITMENT TO COMPLETE DEVELOPMENT OF THE PATTON PARK
PROPERTY AND TO DESIGNATE THE PARK DEVELOPMENT FUND,
AND THE CITY'S ALLOCATIONS THROUGH STATE AND/OR FEDERAL
PARK DEVELOPMENT FUNDS AS POTENTIAL SOURCES FOR FUNDING
THE COMPLETION. (27 )
35 11/6/89
.
.
.
..
In a memorandum dated April 7, 1988, Annie Ramos, Director
of Parks, Recreation and Community Services, stated that the City
requested an extension of the time for completion of development
of the Patton property. In response to that request, the State
Department of General Services requested a written commitment
from the Mayor and Common Council to complete the development
before the extension will be considered. She explained that the
City has already spent more than one million dollars toward the
purchase of the property and development thus far. It is
estimated that another million dollars will be needed to complete
the development.
Mayor Holcomb opened the hearing.
City Administrator Julian pointed out that the resolution
states that monies in the park development fee fund would be
used for the Patton Park development. This means all the money
in this fee fund, plus any money from state and federal
governments.
A discussion ensued regarding the
resolution.
language
in the
Annie Ramos, Director of Parks, Recreation and Community
Services, explained that the intent of this resolution was to
identify possible potential sources of funding for completion of
Patton Park. She further explained that the money in the park
development fee fund would also be used for other park
developments.
A discussion ensued regarding the revised resolution.
It was pointed out that the state would grant the extension
if the City would make a commitment toward the project and
reference the source of funding for completion of the Patton
property.
Ms. Ramos answered questions regarding other sources of
funding. She stated that there is approximately $460,000 set
aside for the Patton Park project.
A discussion ensued regarding designating new additional
funds for other park developments.
Council Member Miller made a motion, seconded by Council
Member Minor and unanimously carried, to direct the Director of
Parks and Recreation to reword the resolution and bring it back
to the Council meeting of November 20, 1989.
36
11/6/89
.
.
REQUEST FOR EXEMPTION FROM PARK AND RECREATION FEES - CASA
ALL SCHOOLS CARNIVAL/TALENT SHOW - PERRIS HILL PARK PARKING
LOT - DISCUSSED EARLIER IN MEETING - (SEE PAGE 23)
This is the time and place continued to for discussion on
the request for exemption of park and recreation fees for the use
of perris Hill Park parking lot by CaSA All Schools
Carnival/talent show. (36)
In a memorandum dated, October 24, 1989, City Administrator
Julian presented a request from the San Bernardino Community and
School Alliance Foundation for a waiver of the use fee for the
parking area at perris Hill Park. The request makes reference to
"parking fees"; however, the request should be considered for
waiving the fees for use of the area.
City Administrator Julian stated that this was deferred for
clarification of the cost for rental of the field. He stated
that there is no cost for rental of the field, but there is a
$200 clean up deposit required. If the organization cleans up the
area there is no cost to the organization. He also stated that
there is no personnel cost to the City.
.
Council Member Minor made a motion, seconded by Council
Member Estrada and unanimously carried, to receive and file the
request for exemption of park and recreation fees for the use of
perris Hill Park parking lot by CaSA All Schools Carnival/talent
show.
RECESS MEETING
At 4:15 p.m., Mayor Holcomb recess the meeting for a five-
minute break.
RECONVENE MEETING .
At 4:30 p.m., Mayor Holcomb reconvened the meeting of the
Mayor and Common Council in the Council Chambers of City Hall 300
North "0" Street, San Bernardino, California.
ROLL CALL
Roll call was taken with the following being present: Mayor
Holcomb; Council Members Estrada, Reilly, Flores, Maudsley,
Minor, pope-Ludlam, Miller, Senior Assistant City Attorney
Barlow, City Clerk Clark, James Robbins, Deputy City
Administrator.
COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY
REGULAR MEETING
The Regular Meeting of the Community Development Commission/
Redevelopment Agency was called to order by Chairman Holcomb in
the Council Chambers of City Hall, 300 North "0" Street, San
Bernardino, California.
.
37
11/6/89
.
.
.
.
DESIGNATE AN AMENDED SURVEY AREA FOR THE MT. VERNON CORRIDOR
In a memorandum dated October 30, 1989, James Robbins,
Acting Executive Director, Redevelopment Agency gave the
background of the proposed amended survey area for the Mt. Vernon
Corridor. He requested that the Mayor and Council adopt a
resolution designating an amended redevelopment survey area for
the Mt. Vernon Business Corridor and surrounding area. The Task
Force Committee has recommended designating an amended survey
area, in order to include an additional 92 acres of public-owned
vacant land. (R-7A)
RES. 89-439 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO DESIGNATING AN
AMENDED REDEVELOPMENT SURVEY AREA. (R-7A)
City Clerk Clark read 'the title of the resolution.
Council Member Maudsley made a motion, seconded by Council
Member Estrada and unanimously carried, that further reading of
the resolution be waived and said resolution be adopted.
Resolution No. 89-439 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor,
pope-Ludlam, Miller. Noes: None. Absent: None.
Council Member Maudsley made a motion, seconded by Council
Member Estrada and unanimously carried, that the Mayor and Common
Council adjourn to 1:00 p.m. on November 13, 1989 to accept the
preliminary plan and establish the last equalized assessment roll
for the Mt. Vernon Corridor Project; and designate a citizen
advisory committee. (R-7B)
RECESS MEETING - CLOSED SESSION
At 4:35 p.m., Council Member Minor made a motion, seconded
by Council Member Estrada and unanimously carried, that the Mayor
and Common Council/Community Development Commission recess to
closed session pursuant to the following:
a.
attorney regarding pending
Government Code Section
is significant exposure to
( 1)
to confer with the
litigation pursuant to
54956.9(b)(1), as there
litigation;
b.
pending
Section
decide
c.
to confer with the attorney regarding
litigation pursuant to Government Code
54956.9(c), so that Council/Commission may
whether to initiate litigation; (1)
to confer with the attorney regarding pending
litigation which has been initiated formally to which
the City is a party pursuant to Government Code Section
54956.9(a) as follows: (1 & S-2)
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.
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Citv
Manaaement.
No. 238755;
of San Bernardino vs. California Construction
Inc.. et al - San Bernardino Superior Court Case
Saldecke. et al vs. Ci tv of San Bernardino. et al - San
Bernardino Superior Court Case No. 236836;
Cable Lake Association vs. City of San Bernardino - San
Bernardino Superior Court Case No. 239714 and Case No. 239649;
City of San Bernardino vs. San Bernardino Baseball Club.
Inc. - San Bernardino Superior Court Case No. 239193;
Stubblefield Construction Company. et al vs. City of San
Bernardino. et al San Bernardino Superior Court Case No.
232998;
Juan Manuel Sanchez vs. Citv of San Bernardino - United
States District Court Case No. CV87-2291 AWT (Bx);
Charles H. Brown vs. City of San Bernardino - San Bernardino
Superior Court Case No. 243087;
Sock Dawson. et al vs. Ci tv of San Bernardino. et al-
United States District Court - Case No. SA 88-461 AHS (RWRx);
Barron/Alcarez vs. Citv of San Bernardino - San Bernardino
Superior Court Case No. 241692;
Barratt. Inc.. vs. Citv of San Bernardino - San Bernardino
Superior Court Case No. 242433;
Revnolds vs. Citv of San Bernardino
Superior Court Case No. 248752;
San Bernardino
Dudlev Brewster. et al vs. Southern Pacific Railroad. et al
- San Bernardino Superior Court Case No. 249736;
Save San Bernardino vs. City of San Bernardino San
Bernardino Superior Court Case No. 250425;
Schendel vs. Citv of San Bernardino
Superior Court Case No. 222856;
San Bernardino
Edward White vs. Citv of San Bernardino - San Bernardino
Superior Court Case No. 235505;
Marv Catlett vs. Citv of San Bernardino - San Bernardino
Superior Court Case No. 243782;
Jason Faulkner vs. City of San Bernardino - San Bernardino
Superior Court Case No. 226781.
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Michael Wirth vs. Ci tv of San Bernardino - San Bernardino
Superior Court Case No. 251346;
Rinea Lucia vs. Citv' of San Bernardino - San Bernardino
Superior Court Case No. 251476;
Stubblefield Construction Co. vs. City of San Bernardino-
San Bernardino Superior Court Case No. 252058;
Hudson vs. Citv of San Bernardino - San Bernardino Superior
Court Case No. 244466.
d. pursuant to Government Code Section 54956.8 to give
instruction to the City' s/Commission' s negotiator on
the purchase of property. The real property which the
negotiations concern is generally located along 201
North "E" Street. (1)
e. to consider personnel matters pursuant to Government
Code Section 54957; (S-l)
f.
pursuant to Government Code Section 54956.8 to give
instruction to the City's /Commission ' s negotiator on
the purchase of property. The real property which the
negotiations are concerned is generally located near
Highland Avenue and Arden Avenue; (S-l)
g. to meet with its designated representatives regarding
labor relations matters pursuant to Government Code
Section 54957.6; (Fire negotiation) (S-3)
CLOSED SESSION
At 4:35 Mayor Holcomb called the closed session
the Conference Room of City Hall, 300 North "0"
Bernardino, California.
to order in
Street, San
ROLL CALL
Roll call was taken with the following being present: Mayor
Holcomb; Council Members Estrada, Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk
Clark, City Administrator Julian.
Also present were: Senior Assistant City Attorney Barlow,
James Robbins, Acting Executive Director, Redevelopment Agency.
ADJOURN CLOSED SESSION
At 5:15 p.m., the closed session adjourned to the Regular
Meeting of the Mayor and. Common Council of the City of San
Bernardino in the Council Chambers of City Hall 300 North "0"
Street, San Bernardino, California.
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RECONVENE MEETING
At 5:15 p.m., Mayor Holcomb reconvened the meeting of
Mayor and Common Council of the City of San Bernardino in
Council Chambers of City Hall, 300 North "0" Street,
Bernardino, California.
the
the
San
ROLL CALL
Roll call was taken with the following being present: Mayor
Holcomb; Council Members Estrada, Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk
Clark, City Administrator Julian.
ADJOURNMENT
At 5:15 p.m., Council Member Maudsley made a motion,
seconded by Council Member Estrada and unanimously carried, that
the meeting be adjourned to 1:00 p.m., November 13, 1989, and
that all closed sessions be continued.
SHAUNA CLARK
City Clerk
By J1flrfM)) IY(fd;na)
No. of Items: 69
No. of Hours: 7.5
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