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, C~TY OF SAN BERttjRDINO - REQUEST ~R COUNCIL ACTION
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Fr~m: Councilman Jack Reilly
Dept: Counci 1 Of f ice
Subject: Legislative Review Committee Report
Date: March 30, 1989
Synopsis of Previous Council action:
None
Recommended motion:
That minutes of the Legislative Review Committee meeting of
March 23, 1989 be received and filed.
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Signature
Contact person:
John Cole
Phone:
5188
Supporting data attached:
Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.)
IAcct. DescriPtion)
Finance:
Council Notes:
75.0262
Agenda Item No.5 ~
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LEGISLATIVE REVIEW COMMITTEE
March 23, 1989
ATTENDEES:
Councilman Jack Reilly - Chairman
councilman Michael Maudsley
Councilman Tom Minor
James Penman - City Attorney
Jim Robbins - Acting City Administrator
Jim Richardson - Deputy City Admin./Development
Dennis Barlow - Sr. Asst. City Attorney
Roger Hardgrave - Public Works Dir./City Engineer
Manuel Moreno - Public Services Director
Jim Knight - Deputy Fire Chief
Donald Burnett - Chief of Police
Gene Klatt - Asst. City Engineer
Jerry Hodgson - Safety Officer
Jerry Devlin - Police Lieutenant
Frank Alvarez - Police Lieutenant
John Montgomery - Principal Planner
Phil Arvizo - Council Executive Assistant
Richard Bennecke - Mayor'S Executive Assistant
John Leuer - LOR Geotech Group
David Cunningham - Barisic Development Corp.
Bob Johnson - CHJ
Mr. and Mrs. Alcorn
Mr. Palmer
1. REVISION OF PROCEDURES AND GUIDELINES FOR EVALUATING
LIQUEFACTION POTENTIAL - Item continued. The Committee had
concerns regarding the use of only our Water Department maps
since "1/4 of city is served by another water district".
Staff will develop information to incorporate other districts
for liquefaction map. A data base is also to be developed.
Information regarding 300 person occupancy of a room/building
is to be clarified. Committee will review at next meeting.
2. PROPOSED RESOLUTION SETTING SURCHARGE FOR CHESTNUT
AVENUE DRAIN The Committee recommended approval. The
resolution will be placed on the April 17 agenda.
3. ORDINANCE AMENDING SUB-SECTION B OF SECTION 13.32.-
070 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE ADDITION-
AL EXCEPTIONS TO THE REQUIREMENT THAT DEVELOPMENTS BE REQUIR-
ED TO CONNECT TO THE CITY SEWER SYSTEM - Item continued due
to lack of time.
4. WEED ABATEMENT PROCEDURES - Item continued to April
6. The Fire Commission is to review the possibility of
hearing weed abatement cases. Public Services will continue
to handle them through the Building Commission in.the mean-
time.
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5. DISCUSSION OF POLICE COMMISSION RESPONSIBILITIES _
VERBAL REPORT, CHIEF OF POLICE - Report from Chief Burnett
was received and filed. The Commission is taking a more
proactive role. Attached are minutes of November/December
Police Commission.
6. DISCUSSION OF CITY'S POSITION CONCERNING ASSAULT
WEAPONS - Item continued to allow the City Attorney time to
thoroughly review the state bills.
7. REPORT ON ENCROACHMENTS IN STREET RIGHT-OF-WAY BEING
A HAZARD OR HINDRANCE - TRACT NO. 11118, MEYERS ROAD - Two
members of the Committee recommended enforcement of the City
right-of-way requesting that the property owners move back to
the limit lines because of the city liability. The third
member of the Committee was opposed and concerned that this
will cause the City to enforce right-of-ways throughout the
City. Attached is a City Attorney memorandum on the issue.
This item will be brought before the Mayor and Council on
April 17.
8. VIEW ORDINANCE FOR SINGLE-FAMILY HOMES IN THE
FOOTHILLS - Item continued due to lack of time.
9. REQUEST FOR WAIVER OF REQUIREMENT TO UNDERGROUND
UTILITIES - SOUTHEAST CORNER OF KENDALL DRIVE AND UNIVERSITY
DRIVE - UNIVERSITY SQUARE - REVIEW OF PLANS NO. 86-143 - Item
continued to April 6. The fee waiver could not be recommend-
ed for approval according to attorney advice so the item was
continued contingent on the company's application for relief
through the Redevelopment Agency.
10. REVIEW RECOMMENDATIONS RELATIVE TO HANDLING OF
PARADES AND SPECIAL EVENTS - Item continued to April 20. The
~eputy City Administrator for Development will analyze the
~ssue and return to the Committee with a finalized
recommendation.
Meeting adjourned.
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P. O. BOX 1558. SAN BERNAROINO. CAlIFO,{.,..".i.'21!1.' Os
POLICE COMMISSION
HALL OF JUSTICE
M I NUT E S
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 14, 1988
1 . CALL TO ORDER. . . . .
The meetin9 was called to order at 7:35 p.m. by Chairman Baker.
2. PLEDGE OF ALLEGIANCE. . .
The pledge of allegiance was led by Commissioner Chu~ley.
,
CALL'TO ORDER.
PRESENT
DON BAKER
CLAUDE CHUMLEY
AL FLETCHER
LLOYD HOWARD
BARBARA NETTLES
DAN WESTWOOD
CHIEF DONALD J. BURNETT
LIEUTENANT T. MAIER
LIEUTENANT J. DEVLIN
COUNCI~MAN MINOR
GREG G~RCIA, MAYOR"S OFFICE
NEIGH3JRHOOD WATCH ASSOCIATION
EXECJTIVE BOARD MEMBERS
OTHERS PRESENT
4.
APPROVAL OF PREVIOUS MINUTES.
. . . .
Commissioner Fletcher motioned that the minutes of the September 12, 1988
meeting be approved, second by Vega. Motioned carried.
5. CORRESPONDENCE.....
Notice of Appeal from Mr. Haynal representing Hitesh Patel concerning
the Orange Grove Motel.
6.
OLD BUSINESS.
. . . .
None
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.. : NUT E S
S~~ BERNARDINO POLICE COMMISSION
~:VEMBER 14, 1988
P;'GE -2-
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NEW BUSINESS.
None
E. INFORMATION SHARING AND PUBLIC INPUT. .
Prior to the Police Commission meeting, the Police Commissioners attended
the Neighborhood Watch Association Meeting at the Villasenor Library.
Both groups participated and exchanged information and recommendations
regarding the Police Commission's purpose and function. Councilman Minor,
a guest at this meeting, also gave some input regarding the Police Com-
mission's duties. The following are the recommendations he provided:
1. Advisory Board to the Chief
2. Aid in budgeting
3. Ear for the community
4. Hear complaints and forward to the Chief
5. Aid Department in proposals
6. Suggest new programs
7. Prepare studies when requested by Council, ~ayor, or Chief
8. Participate in oral interviews "hen requested by the Chief up
to the rank of Lieutenant.
Commissione, Martin expressed her satisfaction with the way Officer Mark
Meis handled a situation at Perris Hi 11 Park ~Jherein she and others were
illegally parked. She stated she was extremely proud because the officer
handled the situation in a most courteous and professional way.
9.
ADJOURNMENT.
Coorni ss i oner Fl etcher motioned that the meet i ng be adjourned, second by
Coornissioner Chumley. Meeting adjourned at 8:45 p.m.
Submitted by,
Reviewed by,
UI;\<4ti.'t--L 0\wit-Z
Christine 8ristol
Recording Secretary
~n
Don Baker
Chairman
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BERNARDINO
P. O. BOX 1559. SAN BERNARDINO. CALIFO~Nu.. 92'\01
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ltic:
MINUTES
SAN BERNARDINO POLICE COMMISSION
DECEMBER 12, 1988
POLICE COMMISSION
HALL OF JUSTICE
1.
CALL TO ORDER .
. . . . .
The meetin9 was called to order at 7:30 p.m. by Chairman 8aker.
2. PLEDGE OF ALLEGIANCE.
The pledge of allegiance was led by Commissioner Martin.
3. ROLL CALL
PRESENT
A8SENT
Don Baker
Cl aude Chumley
Lloyd Howard
Barbara Jacober
Kathy Martin
Dan Westwood
Donald J. Burnett, Chief of Police
Al Fletcher
Barbara Nettles
Robert Vega
4. APPROVAL OF PREVIOUS MINUTES. . . .
Commissioner Chumley motioned that the minutes of the September 12, 1988,
meeting be approved, second by Commissioner Westwood.
Commissioner Jacober moved that the minutes of the November 14, 1988,
meeting be approved, second by Commissioner Chumley.
Both motions carried unanimously.
5. CORRESPONDENCE.
. . . . .
None.
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~ I NUT E S
SAN BERNARDINO POLICE COMMISSION
DECEMBER 12, 1988
PAGE -2-
6.
OLD BUSINESS.
Commissioners evaluated comments and information that was exchanged
at the November 14th meeting between the Police Commission and
Neighborhood Watch Groups.
Recommendations discussed and considered for action/implementation
by the Police Commission are:
Assume a proactive posture in the areas of:
Budget Process - Planning and communication of money allocation needs.
Community Oriented Policing
Police Facility - Planning and Financing Avenues
800 MHz Radio Frequencies - Planning and Financing Avenues
Five Year Plan - Assist in making suggestions, editions, subtractions.
Presentations to the City Council related to the Department's
advancement, technology, efficiency.
7.
NEW BUSINESS.
None.
8. INFORMATION SHARING AND PUBLIC INPUT. . . . . .
At the Commissions' request, Police Commissioners will be invited
to attend P-2 orals which will be held in January. Connie will
notify and schedule Commissioners.
The San Bernardino Police Department is in the process of developing
a Police-Clergy Council. Approximately 40 members of the Clergy
are expected to participate. The Council will be beneficial to
the Department in providing information, educating, and conveying
concerns to the community. Chief Burnett will arrange for a
presentation to the Commission by the Clergy Council.
Chief Burnett and members of his staff have been meeting with the
San Bernardino Branch of the NAACP and discussing issues of specific
interest to the racial minority community. The meeting is being
mediated by a Police-Community Representative of the U.S. Department
of Justice. Chief Burnett related that the three meetings held have
gone well, and understandings reached wi 11 be made publ ic after all
meetings have concluded, as agreed by both parties. .
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M I NUT E S
SAN BERNARDINO POLICE COMMISSION
DECEMBER 12, 1988
PAGE -3-
The Commission requested Chief Burnett keep them informed of the
budget process and summarize any major changes.
The Orange Grove Motel Appeal to the Council is scheduled for
the January Council meeting.
Commissioner Jacober reported vandal isms occurring in the vicinity
of Parkda1e to 40th Streets between the hours of midnight and 3:30
a.m. Chief Burnett advised this will be investigated.
Mr. Ralph Pack, a resident of Gilbert Street, addressed the Commission
and reported problems occurring in the neighborhood and surrounding
area. Lt. W. D. Smith, A Area Commander, will contact Mr. Pack
to discuss the activity and police efforts to resolve the
problems.
Chief Burnett and the Captains met to discuss the balance of the
asset forfeiture fund. Equipment needs have been identified for
purchase with asset forfeiture monies.
The Police Department will acquire on a lease-purchase plan a
Voice Processing Dictation System. This system will facilitate
the dictation and transcription of police reports.
.
Law enforcement agencies from the cities of San Bernardino, Ria1to,
San Bernardino County Sheriff's Office, Federal Bureau of Investi-
gation, assisted by the District Attorney's Office conducted a buyer
beware program in the City of San Bernardino. Forty arrests were
made, 70 buys were observed, and 34 cars were impounded.
Forfeiture papers were filed on 22 vehicles.
State laws regulating the issuance of concealed weapons permits
were discussed.
9. ADJOURNMENT. . . . . .
The meeting was adjourned at 8:45 p.m. The next meeting will
be held on January 9, 1989, 7:30 p.m.
Submitted by, Reviewed by,
~ I.s' :P~ (./ ~-.J\~
Consuelo Ramirez Don Baker,
Recording Secretary Chairman
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C I T Y
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B ERN A R DIN '0 . ,~'
INTEROFFICE
MEMORANDUM
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TO:
LEGISLATIVE REVIEW COMMITTEE
FROM:
JOHN F. WILSON
Sr. Deputy City Attorney
March 21, 1989
DATE:
RE:
Meyer's Road Encroachment
* * * * * * * * * * * * * * * * * * * * *
Pursuant to California Government Code Section 835, a public
entity is liable for injury caused by a dangerous condition of
its property if the plaintiff establishes that the property was
in a dangerous condition at the time of the injury, that the
i nj ury was proximately caused by the dangerous condition, that
the dangerous condition created a reasonably foreseeable risk of
the kind of injury which was incurred and that the entity was on
notice of the condition.
The City is on notice of the condition of encroachment into its
right-of-way along Meyers Road. It is impossible to determine
whether a given encroachment would be considered a dangerous
condition by a jury in any given case. However, the odds of a
favorable determination are not in favor of a target defendant,
deep-pocket defendant such as the City.
At the time of an earlier inspection of the property, the
evaluation was made in terms of possible danger to persons other
than the homeowners or the City posed by the encroachment. Upon
further consideration, the real potential for liability to the
City arises from the homeowner. That homeowner's home insurance
policy does not extend to a hazard created on the City's
property by the homeowner. If a guest of the homeowner or that
homeowner's child or a friend of the child becomes seriously
injured on the encroachment in the right-Of-way, the search for
a deep-pocket will lead directly to the City. Without insurance
coverage, a homeowner could not provide any indemnity agreement
to the City against such claims which would be of any value.
The committee is asked to consider abandoning the right-of-way
while preserving a utility easement. The City's liability
exposure would thereby be substantially reduced. The
homeowners' insurance coverage would extend to the abandoned
easement. If thetasement is abandoned, measures should be taken
to insure that there are no sight-distance problems created by
objects placed next to the streets.
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TO:
FROM:
DATE:
PAGE:
LEGISLATIVE REVIEW COMMITTEE
JOHN F. WILSON
March 21, 1989
2
For the above reasons, it is recommended that immediate action be
taken to finalize the situation with respect to encroachment in
the City's right-of-way on Meyer's Road and throughout the rest
o the City.
Attorney
ss
cc: Roger Hardgrave, Director
Public Works/City Engineer