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HomeMy WebLinkAbout07-07-1986 Minutes City of San Bernardino, California July 7, 1986 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:02 a.m., on Monday, July 7,1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by the Rev. Allen Pollock, Pastor, Calvary Baptist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Reilly. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Reilly, Hernandez, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Estrada, Marks. PRESENTATION - MARCH OF DIMES Richard Bennecke, Administrative Assistant to the Mayor, introduced Mary Lee Rutledge representing the March of Dimes, who thanked Mayor wilcox for her participation in the recent successful Walk America. Ms. Rutledge introduced Anessa Landry, who presented a plaque to Mayor Wilcox. Mayor wilcox accepted the plaque on behalf of the Ci ty. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. BICENTENNIAL FUND Thelma Press, Executive Director, International Council, explained that after the Bicentennial in 1976, ten members were asked to donate $100 for the Tricenten- nial Celebration. In 1986, the current balance is $2,369. In 100 years, the balance will be $1,383,077. Members of the Commission who belong to the coin club made a similar investment with Fred Coops which has now brought in $927. A check in this amount was presented to the City for the Tricentennial Account. Mayor Wilcox accepted the check. CHAMBER OF COMMERCE FOURTH OF JULY PROGRAM Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the Council go on record to thank and congratulate the Chamber of Commerce for an outstanding program on July 4, 1986, at the National Orange Show, and encourage them to continue it on an annual basis. Mayor Wilcox agreed to write a letter of commendation. COUNCIL MEMBER ESTRADA'S ABSENCE - ILLNESS IN FAMILY Mayor Wilcox announced that Council Member Estrada would not be at the meeting due to the fact her mother may have had another heart attack. REAPPOINTMENTS - ANIMAL ADVISORY COMMISSION - DAVE LIGHT - DR. HAROLD CHANDLER Pursuant to a memorandum dated July 3, 1986, from Mayor Wilcox, Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the reappointments to the Animal Advisory Commission of Dave Light, 1165 E. 27th Street, San Bernardino, CA 92404, and Dr. Harold Chandler, 5424 N. Prado Ct., San Bernardino, CA 92407, representing the Mayor's Office, be confirmed. APPROVE MINUTES - JUNE 9, 1986 Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, to ap- prove the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 9th of June, 1986, as submitted in typewritten form. (1) APPROVE MINUTES - JUNE 16, 1986 Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, to ap- prove the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 16th of June, 1986, with the following correction: Page 32, Item regarding the San Bernardino Committee Against Drugs: Council Member Quiel made the motion, rather than Council Member Estrada. (2) APPROVE MINUTES - JUNE 25, 1986 Counc i 1 Member Qu i e 1 made a mot ion, seconded by Council Member Hernandez and unanimously carried, to ap- prove the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 25th of June, 1986, as submitted in typewritten form. (3) LIABILITY CLAIM SETTLEMENT - JEFFREY ORNELAS In a memorandum dated June 24, 1986, City Administra- tor Schweitzer explained the circumstances surrounding an accident at the intersection of Mt. Vernon Ave. and Mill Street on December 22, 1985, at about 1:24 p.m. The claimant was directed by a police officer into the path of an oncoming vehicle resulting in a collision. The recom- mended settlement figure of $6,950.00 is to compensate the claimant for the actual cost of his vehicle repairs and approximately $200.00 for miscellaneous medical expenses. (4 ) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the Acting Director of Risk Management and Emergency Services be authorized to settle liability claim 86A-034, Jeffrey Ornelas, for the sum of $6,950.00. APPROVAL AND ACCEPTANCE - INSTALLATION OF TRAFFIC SIGNALS - 40TH STREET AND SEPULVEDA AVENUE - PAIGE ELECTRIC CO. In a memorandum dated June 25, 1986, Roger Hardgrave, Director of Public Works/City Engineer, explained that all work on the installation of traffic signals at 40th Street and Sepulveda Avenue, by the contractor Paige Electric Co., was satisfactorily completed as of June 11, 1986. The final contract price was $46,990.00, which was also the low bid price. (6) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the work performed by the contractor in accordance with Specification No. 6831, be approved and accepted; and that final payment be authorized at the expiration of the lien period. 2 7/7/86 APPROVAL - CHANGE ORDER NO. SIX ~ APPROVAL AND ACCEPTANCE OF WORK - IRRIGATION & LANDSCAPING ~ PARK CENTRE - ARTHUR SHOOTER ASSOCIATES, INC. In a memorandum dated June 16, 1986, Roger Hardgrave, Director of Public Works/City Engineer, explained that a contract was awarded to Arthur Shooter Associates, Inc. for irrigation and landscaping in Park Centre, Assessment District No. 961, for the low price of $528,063.00. The final contract price was $651,129.70, due to Change Orders One through Five previously approved. Mr. Hardgrave fur- ther explained the need for Change Order No. six. (7) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, to ap- prove Change Order No. Six to the contract with Arthur Shooter Associates, Inc., for construction of Irrigation and Landscaping at Park Centre, in accordance with Plan No. 6760; to authorize the purchase of Valcon Hi-Flo remote control valves at a net increased cost to the con- tract of $346.83, from $650,782.87 to $651,129.70; and that the work performed by the contractor, in accordance with Specification No. 6760, be approved and accepted; and that final payment be authorized at the expiration of the lien period. CENTRAL GARAGE - APPROVE RFP - AUTHORIZE SOLICITATION OF PROPOSALS FOR MANAGEMENT AUDIT In a memorandum dated June 23, 1986, Raymond D. Schweitzer, City Administrator, presented a City of San Bernardino Request for Proposal to Conduct a Management Audit of the City Central Garage, a Division of the Public Works Department and requested that the Council approve the RFP and that it be submitted to the proper consulting firms for their submittals. (8) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the Request for Proposals for the purpose of conducting a management audit of the Central Garage be approved and that the City Administrator be authorized to solicit proposals. ROOSEVELT BOWL (PERRIS HILL PARK) - JUNIOR UNIVERSITY - AUTHORIZE ACCEPTANCE OF INSURANCE PAYMENT IN LIEU OF RENTAL FEES In a letter dated June 6, 1986, Deane Finwall, Gen- eral Manager, Junior University, stated that since Junior University is the Bowl's largest user throughout the year, they are requesting that the City accept the Junior Uni- versity's payment of the insurance premium in lieu of the rental fees for the use of the Roosevelt Bowl (Perris Hill Park). Mr. Finwall explained that Junior University is providing a $1,000,000 comprehensive liability policy that covers the City. (9) In a memorandum dated June 12, 1986, John Kramer, Recreation Superintendent, Parks, Recreation & Community Services, recommended that the City continue to support Junior University by accepting the liability policy in lieu of the rental fees. Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, to authorize acceptance of insurance premium payment in lieu of rental fees from Junior University for use of Roosevelt Bowl (perris Hill Park) from May 3, 1986 through August 16, 1986. 3 7/7/86 CLAIMS AND PAYROLL Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, to ap- prove demands against the City and authorize the issuance of warrants as follows: (10) 1. Approve the register of demands dated: June 10, 1986 June 17, 1986 85/86 85/86 #46 #47 $1,268,582.17 639,761.47 2. Approve the total gross payroll for the period May 26, 1986, through June 8, 1986, in the amount of $1,248,490.62. PERSONNEL ACTIONS Counci 1 Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the personnel actions submitted by the Director of Personnel in accordance with all administrative regulations of the City of San Bernardino, be approved and ratified. (11) APPOINTMENTS Police Department Meleia L. Gallegos - Intermediate Typist Clerk _ Effective July 8, 1986 Ronald J. Garcia - Police Officer - Effective July 14, 1986 Dennis A. pelissero - Police Officer - Effective July 8, 1986 Ramona C. Robles-Castro - Dispatcher I - Effective July 8, 1986 City Attorney's Office Barbara Hogan - Legal Secretary I - Effective July 21, 1986 Parks, Recreation & Community Services Laura R. Rennert - Program Specialist - Effective July 8, 1986 Public Services/Refuse patricia A. penrice - Account Clerk II - Effective July 8, 1986 APPOINTMENT/120 DAYS Building & Safety James E. Robbins - Superintendent of Building & Safety - Effective July 8, 1986 TEMPORARY APPOINTMENTS Public Buildings Security Officer/Part-Time - Effective July 8, 1986 Gregory J. Payne Robert L. Shultis Ri ta L. Persall Police Department Crossing Guard/Part-Time - Effective July 8, 1986 Michelle A. Goodman Edna M. Jack son 4 7/7/86 Public Works/Engineering Leonard A. Faustina - Resident Bridge Engineer II ~ Effective July 8, 1986 Parks, Recreation & Community Services Mark J. Alexander - Recreation Aide/Part-Time _ Effective July 8, 1986 Rodney Alexander - Coach Operator/Part-Time _ Effective July 8, 1986 Lifeguard/Part-Time - Effective July 8, 1986 Sharon L. Bagley Andria M. Valles Richard A. Johnson II Senior Lifeguard/Part-Time - Effective July 8, 1986 Janet C. Budde Jill K. McPeters Marshall P. Victor Mimi M. Davis Kendall A. Roberts Supervising Lifeguard/Part-Time - Effective July 8, 1986 Vernette Ching Stephanie A. Nash Janet M. Mingo Kitchen Helper/part-Time - Effective July 8, 1986 Clementina C. Calderon Reid M. Morgan ROdrigo Y. Carpio Yvonne M. Serrano - Senior Services Aide _ Effective July 8, 1986 Craig A. Steenerson - Supervising Lifeguard/ _ Effective July 8, 1986 Margaret A. Talmadge - Senior Services Aide - Effective July 8, 1986 PROMOTIONS Police Department Greta Kilcher - Police Officer - Police Assistant to Police Officer - Effective July 7, 1986 Daniel A. Robbins Captain - Lieutenant to Captain _ Effective July 1, 1986 Parks, Recreation & Community Services Willie Lawson - Senior Recreation Leader - Recreation Aide/Part-Time to Senior Recreation Leader - Effective July 8, 1986 Senior Recreation Leader - Recreation Leader/Part- Time to Senior Recreation Leader - Effective July 8, 1986 La Vanne Pennington Ronald Trujillo City Attorney's Office Carol Auerbach - Legal Secretary II Secretary I to Legal Secretary II - July 7, 1986 - Legal Effective 5 7/7/86 VOLUNTARY DEMOTION Public Services Willie W. Loring - Weeder/Cleaner/Part-Time ~ Extra Relief Heavy Laborer to Weeder/Cleaner/ Part-Time - Effective July 8, 1986 VOLUNTARY DEMOTION/TRANSFER Parks, Recreation & Community Services Phyllis Weed - Intermediate Stenographer Clerk - Senior Stenographer Clerk to Intermediate Stenographer Clerk - Effective July 8, 1986 LEAVE OF ABSENCE Police Department Dena L. Duncan - Dispatcher I - August 18, 1986 to November 7, 1986 - Effective August 18, 1986 Fire Department Vidal A. Castaneda, Sr. - Fire Fighter - June 6, 1986 to July 5, 1986 - Effective June 6, 1986 LEAVE OF ABSENCE/MILITARY LEAVE Police Department Luis R. Mena - Police Officer - June 14, 1986 to June 29, 1986 - Effective June 14, 1986 SBETA - Administration Ernest B. Dowdy - Staff Analyst II (JTPA) - July 1, 1986 to July 30, 1986 - Effective July 1, 1986 LEAVE OF ABSENCE/INJURY Police Department Rita A. Mayoral - Intermediate Typist Clerk _ June 8, 1986 to July 6, 1986 - Effective June 8, 1986 HIGHER ACTING CLASSIFICATION Fire Department Maria N. pierce - Secretary - June 23, 1986 to June 27, 1986 - Effective June 23, 1986 Police Department Edwin Lyons - Property & Supply Clerk - July 12, 1986 to July 27, 1986 - Effective July 8, 1986 LIABILITY CLAIM SETTLEMENT - KULA, ET AL VS. RICK DONALD WARREN, ET AL. In a memorandum dated June 24, 1986, Raymond Schweitzer, City Administrator, explained the circum- stances of the claim presented in the matter of Kula, et al vs. Rick Donald Warren, et al. He stated that the settlement of this matter is being recommended only on the basis of economic considerations without regard to the defensibility of the plaintiff's allegations. (5) City Administrator Schweitzer answered questions regarding the cost of defending the claim. City Attorney Prince answered questions. Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the Liability Claim of Kula, et al vs. Rick Donald Warren, et al be considered in Closed Session later in the meeting. 6 7/7/86 PROTEST HEARING - VACATION OF ALLEYS ~ NORTH OF 13TH STREET BETWEEN "E" STREET AND ACACIA STREET This is the time and place set for a hearing to con- sider protests regarding the proposed vacation of alleys located north of 13th Street between "E" Street and Acacia Street. (12) Mayor Wilcox opened the hearing. No protests have been received. RES. 86-254 - RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING THOSE ALLEYS LOCATED NORTH OF 13TH STREET BETWEEN "E" STREET AND ACACIA STREET, IN THE CITY OF SAN BERNAR- DINO AND RESERVING A PUBLIC UTILITY EASE- MENT THEREIN. (12) The City Clerk read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be closed and the Findings of Fact as set forth in the staff report be adopted; that further reading of the resolution be waived, and that said resolution be adopted. Resolution No. 86-254 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Counci 1 Members Estrada, Marks, Frazier. PROTEST HEARING - VACATING A PORTION OF CRESCENT STREET BETWEEN COLUMBIA STREET AND "G" STREET This is the time and place set for a hearing to con- sider protests concerning the proposed vacation of a por- tion of Crescent street between Columbia Street and "G" Street. (13) Mayor Wilcox opened the hearing. No protests have been received. RES. 86-255 - RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING A PORTION OF CRESCENT STREET BETWEEN COLUMBIA STREET AND "G" STREET, IN THE CITY OF SAN BERNARDINO AND RESERVING PUBLIC UTILITY EASEMENTS THEREIN. (13) The City Clerk read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that the hearing be closed and the Findings of Fact, as set forth in the staff report be adopted; that further reading of the resolution be waived and said resolution be adopted. Resolution No. 86-255 was adopted vote: Ayes: Council Members Reilly, Strickler. Noes: None. Absent: Estrada, Marks, Frazier. by the following Hernandez, Quiel, Council Members SOLID WASTE COMMITTEE MEETING REPORT - JUNE 17, 1986 Council Member Strickler, Chairman of the Solid Waste Committee, presented the report of the Solid Waste Commit- tee meeting held on June 17, 1986. The following item was discussed: (14) 7 7/7/86 1. Solid Waste Agreement - The Committee reviewed the proposed recommendations and directed the Public Services Director and City Attorney to put in writing the issues agreed upon by Public Services and the private haulers. The Committee, in concert with the Public Services Director and the private haulers, agreed to hold in abeyance the issues of 1) Boundaries of operation; and 2) Fees. These items will be discussed after the annexation issue is settled in November. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried that the report of the Solid Waste Committee meeting held June 17, 1986, be received and filed. LEGISLATIVE REVIEW COMMITTEE MEETING - JUNE 19, 1986 Council Member Strickler, Chairman of the Legislative Review Committee, presented the report of the meeting of the Legislative Review Committee held on June 19, 1986. The following items were discussed: (15) 1. Reques t to Purchase 240 Sewer Capaci ty Rights-~-Vandenberghe Development - Item tabled.-EXplanation ofWhat theCi ty and Water Department are doing to obtain rights was given to Mr. Thomas Manfredi, repre- senting Vandenberghe Development. It was explained that the developer was already on the list and issue would be on a "first come - first served" basis. 2. Proposed Amnesty Program - Outstanding ParkTng-cTtations - The Committee recom- mended denial of an amnesty program and recommended a more diligent collection process of outstanding parking citations. Public Works Director and City Attorney were directed to review the ordinance with the objective of "tightening" it up. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, to direct the Public Works Department to diligently enforce the parking violations, and bring back a status report October 6, 1986. 3. Level Paths of Travel Across Q~lve~~ Item continued. State information has not yet been received. 4. Ordinance re Outdoor Sales and Displays - Committee recommended approval wIth changes. Interested business people were in attendance and agreed. copies of the amendments are to be mailed to these attendees prior to the July 7, 1986 meeting. 5. "Move-On" Ordinance - The Committee recommended approva.r-W-lth changes. 6. City Hall Office Space Study - Item continued. -The-CTty Administrator will provide a cost of moving report at next meeting. The Committee directed the City Administrator to provide a recommendation 8 7/7/86 1m for funding the upgrade of the IRS Building at Seccombe Lake in preparation for parks, Recreation and Community Services move to that building. 7. Subcontracts and Subcontracting Fees ----~ - Item contInued to July 10, 1986. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the report of the Legislative Review Committee meeting held June 19, 1986, be received and filed. WAYS AND MEANS COMMITTEE MEETINGS Phil Arvizo, Executive Assistant to Council, stated that Council Member Marks would be arriving soon and would present the report of the Ways and Means Committee meet- ings later in the day. (See page 34) (16) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the report of the Ways and Means Committee meetings be continued to later in the meeting. CITY ADMINISTRATOR'S REPORT - LANDSCAPING OF PARKING LOTS In a memorandum dated June 25, 1986, City Administra- tor Schweitzer presented a report regarding the landscap- ing and fencing of City owned facilities and whether or not City codes were being met, as directed by Council Mem- ber Strickler at the Community Development/Redevelopment meeting of June 2, 1986. (17) City Administrator Schweitzer explained that three City owned facilities, the City yards, the old fire sta- tion and the old municipal transit yards do not meet the current code for landscaping and fencing. No money has been provided in this Fiscal Year budget for meeting codes. Mr. Schweitzer stated that the old fire station at 3250 Harrison Street, which is leased for $1.00 a month to the County volunteer Rescue Crew, could be sold for about $65,000 to $80,000. There is no appraisal, but that is a staff estimate. The old transit yards are being leased for $18,035 a year plus a percentage of net sale and could conceivably be sold for $85,000 to $100,000. However, its value should go up since it is in the Central City South Project Area and he suggested it might be wise to delay action on that property. City Administrator Schweitzer answered questions and suggested that the City could sell one facility to utilize the funds to bring the City yards up to code. The estimate for this is approximately $90,000. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to di- rect the City Administrator to get appraisals for the sale of the old fire station at 3250 Harrison Street and the old municipal transit yards at 181 South "G" Street and include the requirement that landscaping and fencing be installed as a condition of sale. The City Administrator was also instructed to meet with the County on the issue of selling the Harrison Street Fire Station. 9 7/7/86 CITY ADMINISTRATOR'S REPORT - MILL CENTER In a memorandum dated June 25, 1986, City Administra~ tor Schweitzer presented a report on Mill Center, as di~ rected at the meeting of the Mayor and Common Council held June 2, 1986. (17) City Administrator Schweitzer explained the problems with the floor in the multi-purposes room at the Mill Center, which was the result of a design error by the architect and contractor. COUNCIL MEMBER MARKS ARRIVED At 9:25 a.m., Council Member Marks arrived at the Council Meeting and took his place at the Council Table. Roger Hardgrave, Director of Public Works/City Engineer, answered questions regarding the flooring problems and the failure of the architect to correct the problem. He stated that as soon as summer vacation is over, there are plans to replace the floor with another type of flooring, probably vinyl tile. No official action was taken regarding the Mill Center Report. SECCOMBE LAKE SURA OPERATING AGREEMENT - APPROVAL OF DRAFT AMENDMENT NO. 4 In a memorandum dated June 25, 1986, Annie F. Ramos, Director of Parks, Recreation and Community Services, explained that Amendment No.4 to the Seccombe Lake SURA Operating Agreement essentially represents a new operating agreement between the City and State and incorporates all the items negotiated with the State by the City. It also coincides with the legislation that was passed by the Assembly. (18) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to refer the matter of the Draft Amendment No. 4 - Seccombe Lake SURA Operating Agreement to the same Committee who nego- tiated the settlement with the State, comprised of Council Members Estrada, Quiel, Strickler, with a report back on July 21, 1986. CITY ADMINISTRATOR'S REPORT - LANDSCAPING OF CITY PARKING LOTS - RECONSIDERATION Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the item of the City Administrator's Report on Landscaping of City parking lots be reconsidered. (17) City Administrator Schweitzer explained previous action taken regarding this matter and answered questions. No further action was taken. REPORT FROM CITY ATTORNEY - PROPOSED RIALTO TIRE BURNING POWER PLANT - EIR In a report dated July 7, 1986, City Attorney Prince explained that Deputy Attorney General Susan Durbin con- tends that a lead agency or responsible agency has the authority to require a supplemental or subsequent EIR, even after an EIR or negative declaration has been issued, if new information of substantial importance is discovered which was not known and "could not have been known" at the time the original EIR or negative declaration was issued. (19) 10 7/7/86 City Attorney Prince also explained that there is a statute of limitation of 30 days to challenge an improper environmental assessment. The City of Rialto issued its negative declaration concerning the proposed tire burning plant on January 8, 1985, therefore, the statue of limitations to challenge the negative declaration has expired. City Attorney Prince explained his report and answered questions. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to direct the City Attorney to prepare a resolution urging the Air Quality Management District to modify their rules to re- quire the negative impact assessment on an area and re- gional basis in addition to the basin management basis, and to urge Senator Ayala and Assemblymen Eaves and Leonard to support such legislation as needed; and that the City take a strong position with regard to Air Quality and what impact it would have on the City; that the City would demand that an EIR be performed and would ask that the surrounding cities, communities and the County take that same position. Mayor Wilcox stated there is another position in this matter and that she had received a call this morning from an individual who would like to present the issue on behalf of Mr. Brewer's Company. Mayor Wilcox stated she would schedule this presentation at the Council meeting to be held on July 21, 1986. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the City go on record and endorse the concept of requiring manditorily an EIR for polluting industries, such as the one that has come before the City at this time, and re- quest that the Mayor work through Sanbag to work out some arrangement by which an EIR for such industries would be manditorily required in the valley regardless of the phys- ical location. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that, re- garding the State legislation being proposed on the re- quirement imposed by the South Coast Air Quality Manage- ment District, that notice be given to cities and public agencies, and to the governing bodies of such agencies within the region. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the City Attorney's Report relative to researching other avenues the City can undertake to compile an EIR concerning the tire burning plant in the City of Rialto be received and filed. RESOLUTION OF THE CITY OF SAN BERNARDINO REJECTING THE BID FROM POWELL CONSTRUCTION COMPANY AND AWARDING A CONTRACT TO BONADI- MAN-MCCAIN, INC. FOR CONSTRUCTION OF DEL ROSA DRIVE, FROM NINTH STREET TO BASELINE STREET. (26) Roger Hardgrave, Director of Public Works/City Engineer, explained that he had received a letter from Cal Trans this morning directing him to award the bid to Powell Construction Company, and explained the circumstances leading up to this decision. 11 7/7/86 1--- Some discrepancies were noted in this resolution and the following resolution (NO. 27) and no action was taken at this time. (See page 37 for final action) RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BONADIMAN-MCCAIN, INC. FOR INSTALLATION OF EXPANSION JOINT REPLACEMENTS IN 3-LEVEL PARKING STRUCTURE FOR CENTRAL CITY MALL. (27) No action was taken on this resolution at this time. (See page 37 for final action) READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the resolutions on the Council Agenda. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of all the resolutions on the Council Agenda be waived. RES. 86-256 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR, EXECUTIVE DIRECTOR, DIRECTOR AND OFFICER OF EMERGENCY SERVICES TO EXECUTE APPLICATIONS AND DOCU- MENTS FOR THE PURPOSE OF OBTAINING FINAN- CIAL ASSISTANCE UNDER THE FEDERAL CIVIL DEFENSE ACT OF 1950, AS AMENDED, EFFECTIVE JUNE 17, 1986; AND REPEALING RESOLUTION NO. 85-313. (21) Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 86-256 was adopted vote: Ayes: Council Members Reilly, Quiel, Frazier, Strickler. Noes: None. Member Estrada. by the following Hernandez, Marks, Absent: Council RES. 86-257 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE IMPLEMENTATION AND OPERA- TION OF AN AUTOMATED FINGERPRINT IDENTIFI- CATION SYSTEM. (24) Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 86-257 was adopted by the following vote: Quiel, Member Ayes: Council Members Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Estrada. Marks, Counc i 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO COMMUNITY AGAINST DRUGS RELATING TO FUNDING FOR THE FISCAL YEAR 1986-87. (22) The Mayor and Council discussed the ten day termina- tion clause in the agreement with the San Bernardino Community Against Drugs and that perhaps ten days was not adequate time for such termination. City Attorney Prince answered questions, stating his office had prepared a substitute page at the request of Jeri Simpson which would remove the termination clause. 12 7/7/86 He also explained that the termination clause gives the City control over the funding in the event there are any problems. Mayor wilcox explained Community Against Drugs was unit, but rather one that entities within the community. tha t the San Ber na rd ino not designed to be a City works with various other Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be continued to Monday, July 21, 1986 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. RES. 86-258 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13355 (PHASE II OF TENTATIVE MAP NO. 10600), LOCATED APPROXI- MATELY 600 FEET SOUTH OF THE CENTERLINE OF IRVINGTON AVENUE AND EAST OF PINE AVENUE; ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECU- TION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (25) Council Member Strickler made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 86-258 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Estrada, Frazier. RES. 86-259 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1986-87 AS- SESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 958, SEWER AND SEWER LIFT STATION CONSTRUC- TION, PEPPER AVENUE AND MILL STREET AREA. (28) Council Member Strickler made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 86-259 was vote: Ayes: Council Members Quiel, Strickler. Noes: None. Estrada, Frazier. adopted Reilly, Absent: by the following Hernandez, Marks, Council Members RES. 86-260 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1986-87 AS- SESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 962, FOR THE MAINTENANCE OF A SEWER LIFT STATION IN THE AREA GENERALLY LOCATED EAST- ERLY OF PINE AVENUE AND SOUTHERLY OF BEL- MONT AVENUE, IN THE CITY OF SAN BERNARDINO. (29) Council Member Strickler made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 86-260 was vote: Ayes: Council Members Quiel, Strickler. Noes: None. Estrada, Frazier. adopted Reilly, Absent: by the following Hernandez, Marks, Council Members 13 7/7/86 RES. 86~261 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PAR- CELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF A PUBLIC NUISANCE. (1358 W. 5TH STREET, 2061 W. 17TH STREET, 1972 W. 18TH STREET, 979 NORTH G STREET, 981 NORTH G STREET, 599 N. MT. VERNON AVENUE). (30) Council Member Quiel made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 86-261 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Estrada, Frazier. RES. 86-262 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A NEW STANDARD FORM AGREEMENT AND RELEASE OF THE EXISTING AGREEMENT RELATING TO THE IMPROVE- MENTS TO BE INSTALLED IN TRACT NO. 10979, LOCATED EAST OF PINE AVENUE BETWEEN BELMONT AVENUE AND IRVINGTON AVENUE. (31) Council Member Quiel made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 86-262 was vote: Ayes: Counci 1 Members Quiel, Strickler. Noes: None. Estrada, Frazier. adopted Reilly, Absent: by the following Hernandez, Marks, Council Members RES. 86-263 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT, DECLARING ITS INTEN- TION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS "ASSESSMENT DIS- TRICT NO. 974, AND WAIVING NOTICE AND HEAR- ING. (RIALTO AVENUE GENERALLY BETWEEN EUCALYPTUS AND PEPPER) (32) Council Member Quiel made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 86-263 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Estrada, Frazier. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the Engineer's Report on the proposed Assessment District No. 974, Rialto Avenue, generally between Eucalyptus and Pepper, Landscape Maintenance District, be adopted. RES. 86-264 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF SEVENTEENTH STREET, EAST OF CONEJO DRIVE, AND RESERVING AN EASEMENT FOR INGRESS AND EGRESS TO THE COUNTY OF SAN BERNARDINO TO SERVE THE FLOOD CONTROL CHANNEL AND BRIDGE TO THE EAST, AND FOR THE CITY OF SAN BERNARDINO EMERGENCY VEHICLES, UTILITY COMPANY VEHICLES, AND ABUTTING PROPERTY OWNERS THEREOF. (33) 14 7/7/86 Council Member Quiel made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 86-264 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Estrada, Frazier. Counc i 1 Member Qu i e 1 made a mot ion, seconded by Council Member Marks and unanimously carried, that Plan No. 7024, for the vacation of Seventeenth street, east of Conejo Drive, be adopted. RES. 86-265 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1986-87 AS- SESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 963, FOR THE MAINTENANCE OF A SEWER LIFT STATION IN PORTIONS OF ALLEN STREET, NORTH OF CENTRAL AVENUE IN THE CITY OF SAN BERNARDINO. (34) Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-265 was vote: Ayes: Council Members Quiel, Strickler. Noes: None. Estrada, Frazier. adopted Reilly, Absent: by the following Hernandez, Marks, Council Members COUNCIL MEMBER FRAZIER RETURNED Council Member Fraz ier returned Meeting and took his place at the Council to the Table. Council RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO SAN DIEGO ROTARY BROOM FOR THE FURNISHING AND DELIVERY OF STREET SWEEPER GUTTER BROOM SEGMENTS, AND MAIN BROOMS FOR USE IN STREET SWEEPING OPERA- TIONS IN ACCORDANCE WITH SPECIFICATION NO. F-85-23. (35) City Administrator Schweitzer answered regarding the purchase price of brooms from Rotary Broom. questions San Diego Counci 1 Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be continued to July 21, 1986, and to direct the City Administrator to negotiate for a more favorable price for the main brooms. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO CUSTOM SWEEPING SERVICE FOR THE FURNISHING AND DELIVERY OF POWER SWEEPING SERVICES TO BE UTILIZED BY THE PUBLIC BUILDING DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-86-23. (36) City Administrator Schweitzer read a proposed sub- stitute motion as follows: "(1) That the custodial main- tenance section of the Public Buildings be authorized and directed to assume the power sweeping duties for approxi- mately 60 days to allow sufficient time for the revision of specifications and the readvertisement for bids by the Public Works Department; and (2) that all bids for power sweeping services be rejected and the specifications be re-written by the Director of Public Works to include the pre-qualification of all prospective bidders and that the Director of Public Works be authorized to review and pre- qualify prospective bidders." 15 7/7/86 City Administrator Schweitzer explained how City staff and equipment can provide the necessary sweepIng services. He stated that the services provided by the present vendor at the Central City Mall have been totally unsatisfactory. Phillip Martell, owner was present, and stated recommendations just read. of Custom Sweeping Service, he disagreed with the The Mayor and Counci 1 agreed to delay further discussion on this matter until Wayne Overstreet, Superintendent of Public Buildings could be present. (See page 16) RES. 86-266 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 86-250 ENTITLED IN PART "RESOLUTION . . . ESTAB- LISHING GUIDELINES FOR REPURCHASE BY THE BOARD OF WATER COMMISSIONERS OF SEWER CAPA- CITY RIGHTS "; AND PROVIDING THAT APPLICANTS MUST AGREE TO USE THE SEWER CAPACITY RIGHTS WITHIN SIX MONTHS OF PURCHASE. (23) The Mayor and Common Council discussed the economics of the sewer capacity rights sales and whether the holders of the rights should be allowed to resell to the City at the present sales price of $1620.00 and take a profit. Bernie Kersey, Director, Administration & Finance, Water Department, answered questions and explained the background of the sale and financing of the sewer capacity rights. Herbert Wessel, General Manager, Water Department, answered questions regarding the expansion of the sewage treatment plant, and stated it is hoped for early comple- tion, based on a bonus agreement with the contractor. The original anticipated completion date was July or August, 1988. Mr. Wessel also stated that as soon as this program of construction is completed, it is absolutely necessary to go into another expansion program. Bernie Kersey, Director, Administration & Finance, Water Department, stated there is a waiting list of 92 individuals, representing 4,000 capacity rights, who are willing to buy at the current price. Council Member Strickler made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-266 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Estrada. RES. 86-267 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO CUSTOM SWEEP- ING SERVICE FOR THE FURNISHING AND DELIVERY OF POWER SWEEPING SERVICES TO BE UTILIZED BY THE PUBLIC BUILDING DEPARTMENT IN AC- CORDANCE WITH BID SPECIFICATION F-86-23. (36) (Continued from earlier in the meeting) Phillip Martell, 4131 Fourth Avenue, San Bernardino, owner of Custom Sweeping Service, explained conversations he had with the City Administrator's Office and Wayne Overstreet, Superintendent, Public Buildings. Mr. Martell 16 7/7/86 stated that Mr. Overstreet had told him he would not be awarded the bid, as his bid of $65.00 per day was too low to do the job properly. Mr. Martell explained why he felt his company could do the job efficiently and gave a background of his experience and qualifications. He stated his company is presently providing sweeping services for the Tri City Mall in Redlands, Mervyn's, Gemco, Fedco, Von's Market, and has not received any complaints about the quality of the work. Wayne Overstreet, Superintendent, Public Buildings, explained why he felt, based on a cost analysis and his experience of the last two years, that the sweeping job could not be done efficiently for $65.00 per day. Mr. Overstreet stated they had complaints from the Central City Co. about the sweeping services provided in their parking lots by the present vendor. Mr. Martell, owner of Custom Sweeping Service, stated there were no performance bond provisions in the proposed resolution. The Mayor and Council discussed the provisions of the proposed resolution. City Administrator Schweitzer answered questions and stated these resolutions should be prepared in the Public Works Department, rather than Purchasing Division. City Attorney Prince suggested, in addition to a provision for a performance bond, a 15 day termination clause based upon performance at the sole discretion of the City Administrator, be added to the resolution. Mr. Martell, owner of Custom Sweeping Service, agreed to the addition of a performance bond to the extent of the contract, and the suggested termination clause, to the proposed resolution. Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted as amended by interdelineation to include the provisions as follows: bonding to the extent of the contract; a 15 day termination clause; those other provisions normally and customarily a part of such a ser- vice contract as determined by the City Attorney; and an increase contract price to cover the performance clause. vote: Quiel, Member Resolution No. 86-267 was adopted by the following Ayes: Council Members Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Estrada. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman Wilcox in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBERS MARKS AND QUIEL EXCUSED Council Members Marks and Quiel left the Council Meeting. SALE OF ORANGEWOOD PARK TO COMMUNITY HOSPITAL In a memorandum dated June 24, 1986, Glenda Saul, Executive Director, Redevelopment Agency, explained that Community Hospital is now in a position to purchase the 17 7/7/86 Orangewood Park site for use for their future expansion. Substantiating documents regarding the proposed concept, the benefits associated with the sale, and a copy of the Notice of Public Hearing were attached. (R-4) Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, to authorize and direct the sale of certain real property in the Northwest Redevelopment Area to the Redevelopment Agency of the City of San Bernardino for re-sale to San Bernardino Community Hospital for development of a professional office complex and to set a Joint Public Hearing at 11:00 a.m., Monday, July 21,1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, for the purpose of the sale of certain real property by the Redevelopment Agency to San Bernardino Community Hospital. AUTO CENTER - PROPOSED AMENDMENT (SEIP) In a memorandum dated July 1, 1986, Glenda Saul, Executive Director, Redevelopment Agency, explained that there was an inadvertent exclusion of a small triangular parcel of land on the legal description for the property for the proposed Auto Center. The parcel is owned by the City and staff recommended that this error be corrected by the Agency acquiring the City's interest for $1.00, and then quitclaiming it to the developer for $1.00. In order to do this, a public hearing is necessary. (R-5) Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, to approve in principle and to set a Joint Public Hearing to consider the sale of certain real property by the Redevelopment Agency to Orange Show Plaza Associates to be held July 21, 1986, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 86-268 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, APPROVING CERTAIN AMEND- MENTS TO THE REVENUE BOND DOCUMENTS IN CONNECTION WITH ITS $6,000,000 CITY OF SAN BERNARDINO, CALIFORNIA, INDUSTRIAL DEVELOP- MENT FIRST MORTGAGE REVENUE BONDS OF 1982 (RIVERVIEW INDUSTRIAL BUILDINGS) SERIES 1982. (R-7) City Clerk Clark read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived, that said reso- lution be adopted and the following documents be approved as to form: 1. Exhibit "All - Officer's Certificate of consent to Junior Lien 2. Exhibit liB II - Amendment No.1 to the Indenture 3. Exhibit lien - Amendment No. 1 to the Loan Agreement 4. Exhibit liD" - Amendment No. 1 to the Deed of Trust 5. Exhibit "Ell - Amendment No. 1 to the Assignment of Rents, Leases and Profits 6. Officer's Certificate of Consent to Release of Project 18 7/7/86 Resolution No. 86-268 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Frazier, Str ickler. Noes: None. Absent: Counci 1 Members Estrada, Marks, Quiel. ENTERPRISE ZONE ORDINANCES - AMENDMENTS OF MC-480 AND MC-481 In a memorandum dated July 2, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, explained the background of the establishment of the City's Infill Housing Program and recommended that Ordinance Nos. MC-480 and MC-481 be amended to allow for multifamily infill construction and to limit incentives in the industrial area to four years, rather than the life of the Zone, as is currently the case. (R-10) Glenda Saul, Executive Director, Redevelopment Agency, answered questions. Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, to set a Public Hearing on amendments to Ordinances numbered MC-480 and MC-481 for August 4, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali fornia. READING OF RESOLUTIONS City Clerk Clark read the titles of the remaining resolutions on the Redevelopment Agency Agenda. RES. 86-269 - RESOLUTION OF THE CITY OF SAN BERNARDINO RELATING TO ITS $3,200,000 CITY OF SAN BERNARDINO FLOATING/FIXED RATE DE- MAND REVENUE BONDS (INLAND VILLAGE PROJECT) SERIES 1984. (R-13) Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 86-269 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Marks, Quiel. RES. 86-270 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HIGHLAND DISTRICT COUNCIL ON AGING. (R-14) Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 86-270 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Marks, Quiel. RES. 86-271 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FAMILY SERVICES AGENCY. (R-15) 19 7/7/86 Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 86-271 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Marks, Quiel. RES. 86-272 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOUNG WOMEN'S CHRISTIAN ASSOCIATION (YWCA). (R-16) Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 86-272 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Marks, Quiel. RES. 86-273 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WESTS IDE COMMUNITY DE- VELOPMENT CORPORATION (WSCDC). (R-17) Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be wai ved and said resolution be adopted. Resolution No. 86-273 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Marks, Quiel. RES. 86-274 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROLLING START (DEAF SERVICES). (R-18) Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 86-274 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Frazier, Str ickler. Noes: None. Absent: Counci 1 Members Estrada, Marks, Quiel. RES. 86-275 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROLLING START (LIFE- LINE). (R-19) 20 7/7/86 Council Member Frazier made a motion; seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 86~275 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Frazier, Str ickler. Noes: None. Absent: Counci 1 Members Estrada, Marks, Quiel. RES. 86-276 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND MEDIATION BOARD. (R-20) Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 86-276 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Marks, Quiel. RES. 86-277 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COMMUNITY HOUSING RE- SOURCE BOARD. (R-21) Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 86-277 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Marks, Quiel. RES. 86-278 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND COUNTIES REGIONAL CENTER. (R-22) Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 86-278 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Marks, Quiel. RES. 86-279 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HOME OF NEIGHBORLY SER- VICES. (R-23) Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that 21 7/7/86 further reading of the resolution be wai ved and said resolution be adopted. Resolution No. 86-279 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Counci 1 Members Estrada, Marks, Quiel. COUNCIL MEMBERS MARKS AND QUIEL RETURNED Council Members Marks and Quiel returned to the Council Meeting and took their places at the Council Table. PATTON PARK - EASTER SEALS - ANALYSIS OF REQUESTS FOR FINANCIAL ASSISTANCE In a memorandum dated July 2, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, explained the background of the request for funding for Patton Park in the amount of $275,000, which was not recommended for funding. A revised proposal was submitted by the Parks, Recreation and Community Services Department specifically for the green belting of 11.5 acres of Patton Park South and totals $120,565. (R-25) The memorandum also included information regarding the Easter Seal Society Rehabilitation Facility's request for $25,000, which was not recommended for funding. The request was for start-up costs associated wi th the development of a comprehensive vocational assessment center and job club for disabled, minority and low-income residents of the City. It was also explained that the FY 85/86 Contingency Account contains $272,000 in CDBG funds. Four projects were identified that have fund balances that could be converted to this fund, as follows: victim Support Ser- vices - approximately $47,000; wilson Street Lighting -$10,000; Casa Ramona Gas Line - $5,000; Alzheimers Pro- gram/Mental Health Assistance - $15,000. Ken Henderson, Manager, Community Development Division, answered questions regarding the various funds and stated that Council Member Estrada had asked that the Casa Ramona Gas Line Fund in the amount of $5,000 not be converted to the CDBG funds. He stated that $5,000 is available from the 9th Street Park Lighting Project, which is no longer needed. Mr. Henderson explained that with the addition of these funds, there would be a balance of $349,000 in the FY 85/86 Contingency Account, and recommended funding for Patton Park in an amount not to exceed $100,000, and for Easter Seals Society in an amount not to exceed $25,000. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the Victim's Support Services, wilson Street Lighting, 9th Street Park Lighting Program, and Alzheimers Program be converted to CDBG Contingency Account for FY 85/86. Ken Henderson, Division, answered Construction Account. Manager, questions Community regarding Development the Sewer Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to ap- prove the Parks, Recreation and Community Services Depart- ment's recommendation of $120,565 for funding for Patton Park. 22 7/7/86 I I Judith Amores, representing the Easter Seals Society, was present and answered questions of the Council. She explained the services provided by the Easter Seals So~ ciety, and stated that their present request for $25,000 funding was to cover the start-up costs associated with the development of a vocational assessment center and job club for disabled, minority and low-income residents of the City. She stated that this project would be an income producing program, which would provide funds to help main- tain other programs that are not self-sufficient. Council Member Strickler made a motion, seconded by Council Member Quiel, that financial assistance be pro- vided from CDBG funds to the Easter Seals Society in the amount of $25,000. The motion carried by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: Council Member Estrada. COUNCIL MEMBER HERNANDEZ EXCUSED At 12:00 noon, Council Member Hernandez left the Council Meeting. RECESS MEETING At 12: 07 p.m., Counci 1 Member Str ickler made a motion, seconded by Council Member Marks and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess until 2:00 p.m. RECONVENE MEETING At 2:08 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Reilly, Marks, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Estrada, Hernandez, Quiel. APPEAL HEARING - PLANNING COMMISSION'S DECISION OF DENIAL - TENTATIVE TRACT 13172 - CONDITIONAL USE PERMIT NO. 85-72 - APPROXIMATELY 2,670 FEET NORTH- WESTERLY OF CENTERLINE OF LITTLE LEAGUE DRIVE - C M ENGINEERING ASSOCIATES - CONTINUED FROM JUNE 2, 1986 This is the time and place continued to for consider- ation of an appeal filed by C M Engineering Associates, Stephen L. Pleasant, on behalf of owner C. C. San Bernar- dino, Inc., on the Planning Commission's decision of denial on Tentative Tract 13172 and Conditional Use Permit No. 85-72 for property located approximately 2,670 feet northwesterly of the centerline of Little League Drive. (44) In a letter dated June 24, 1986, Stephen L. Pleasant, C M Engineering Associates, requested that this item be continued to the next regularly scheduled meeting. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal hearing regarding the Planning Commission's denial of Tentative Tract 13172 and Conditional Use Permit No. 85-72 be continued to Monday, August 4,1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 23 7/7/86 CHANGE OF ZONE 86~12 ~ CHANGE LAND USE ZONING DISTRICT FROM R~3~1200, MULTI~FAMILY RESIDENTIAL TO "T" TRANSITIONAL - NORTHEAST CORNER OF 4TH STREET AND LUGO AVENUE - DAVID R. LEWIS In a memorandum dated June 19, 1986, Planning Direc~ tor Schuma stated that at the meeting of the Planning Commission on June 17, 1986, the application for Change of Zone No. 86-12 was unanimously recommended for approval, as well as the Negative Declaration for environmental review. The subject property is an irregularly-shaped parcel of land consisting of approximately .78 acres lo- cated at the northeast corner of 4th Street and Lugo Ave- nue having a frontage of approximately 345 feet on the east side of Lugo Avenue and a frontage of 50 feet on the north side of 4th Street. The applicant, David R. Lewis, and owner, San Bernardino Public Employees Association, request to change the land use zoning district from R-3-1200, Multi-Family Residential to "T" Transitional. (45) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, to approve the responses to comments and to adopt the Negative declaration for environmental review which has been reviewed and considered; to approve the findings and the recommendation of the Planning Commission and to direct the City Attorney to prepare the necessary amendments to the Zoning Ordinance. COUNCIL MEMBERS HERNANDEZ AND QUIEL ARRIVED Council Members Hernandez and Quiel arrived at the Council Meeting and took their places at the Council Table. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION AND DELIVERY BY THE CITY OF LEASE AGREEMENT, TRUST AGREEMENT AND AGENCY AGREEMENT WITH RESPECT TO THE ISSUANCE AND SALE OF CERTIFICATES OF PARTICIPATION (CITY OF SAN BERNARDINO 1986 PROJECTS), APPOINT- ING TRUSTEE AND AUTHORIZING ISSUANCE OF SUCH CERTIFICATES IN AN AMOUNT NOT TO EX- CEED $2,875,000. (37) Craig Graves, City Treasurer, answered questions regarding the location of the proposed new fire station in the Tri-City area. He explained that the Redevelopment Agency would provide the legal description of the property. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions and stated that they were still wai ting for the legal description of the property in question and explained that there is some disagreement about the mechanics by which the property will be acquired. City Treasurer Graves answered questions and stated that Director of Public Works/City Engineer Roger Hardgrave had been working with an architect to see what it would take to secure the fire station, and that the Public Works Department and Redevelopment Agency have been dealing with the acquisition of the land. Glenda Saul, Executive Director, Redevelopment Agency, stated that staff needs parameters for negotiations. She explained that the scenario by which they had been negotiating has been changed several times and asked the Council for clarification of directions. 24 7/7/86 The Council agreed to provide such clarification before the day was over. Counc i 1 Membe r Ma rks made a mot ion, seconded by Council Member Strickler and unanimously carried, that said resolution be continued to Monday, August 4, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROVIDING FOR THE SALE OF NOT TO EXCEED $2,875,000 PRIN- CIPAL AMOUNT OF CERTIFICATES OF PARTICIPA- TION (CITY OF SAN BERNARDINO 1986 PROJECTS) . (38) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be continued to Monday, August 4, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council ENTERPRISE ZONE INCENTIVES AND BENEFITS - WESTCOM DEVELOPMENT SITE In a memorandum dated July 7, 1986, Council Member Frazier explained that Westcom Development located on the south side of Highland Avenue, east of Western Avenue and west of Mt. Vernon Avenue (as Mt. Vernon curves to the west), will be completed soon. Although the site is not located in the commercial sub area of the Enterprise Zone, it is within the general boundaries of the Enterprise Zone. without the commercial designation, the project does not qualify for the benefits and incentives provided for the commercial businesses on Mt. Vernon Avenue. It was requested that the commercial designation be given to the Westcom Development Site. Council Member Frazier made a motion, seconded by Council Member Marks, that the Westcom Development site described in the document dated July 7, 1986, relating to said project be authorized to receive the benefits and incentives identical to those associated with the bene- fits and incentives of the commercial sub area of the Enterprise Zone. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions regarding the boundaries of the Enterprise Zone along Mt. Vernon Avenue. A discussion ensued regarding commercial designations in the Enterprise Zone and adding them on a case by case basis. Sr. Assistant City Attorney Briggs answered questions, stating that the commercial zone doesn't go along Mt. Vernon Avenue at the location of the property in question. The Mayor and Council discussed the implementation of the Enterprise Zone and the intent of the Council in regard to the boundaries along Mt. Vernon Avenue, and studied a map indicating such boundaries. It was indicated that it was the intent of the Council that the boundary was to go along Mt. Vernon Avenue between the bridge (Second Street) and Highland Avenue. 25 7/7/86 Glenda Saul, Executive Director, Redevelopment Agency, advised against "helter skelter" additions to the commercial areas, because of the possibility of further action under the Nolan Bill, as the EIR is in place, and the application is in place. Council Member Frazier amended his previous motion, seconded by Council Member Reilly and unanimously carried, to approve in principle that the Westcom Development Site described in the document dated July 7, 1986, relating to said project, be authorized to receive the benefits and incentives identical to those associated with the benefits and incentives of the commercial sub areas of the Enter- prise Zone. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to direct the staff to prepare appropriate ordinance and resolution clarifying the Council intent in terms of including the Mt. Vernon extension to Highland Avenue as part of the commercial designated area of the Enterprise Zone. PUBLIC HEARING - CHANGES IN SAN BERNARDINO MUNICIPAL CODE - PARKING OF RECREATIONAL VEHICLES ON RESIDENTIAL PROPERTY This is the time and place set for a public hearing to consider a proposed ordinance relative to changes in San Bernardino Municipal Code Section 10.16.020 for park- ing of recreational vehicles on residential property. (46) Mayor wilcox opened the hearing. Protests have been received. Paul L. Griffith, 1589 W. Vine, complained about the hazard of a large recreational vehicle parked in the street which obstructs the view of the street when leaving his driveway. He stated it presents a danger to pedestrians and creates an unsafe traffic situation. City Attorney Prince answered questions regarding the law governing parking vehicles in the street for 72 hours, and stated it was very difficult to enforce. Council Member Reilly made a motion, seconded by Council Member Frazier and unanimously carried, to refer to Legislative Review Committee the problem of street parking which interferes with vehicular access to private driveways. Jim Lynas, 1160 Sonora, suggested that the proposed ordinance be changed on page 1, line 13, substituting the words "prepared surface", rather than "paved surface", thus allowing the use of crushed rock, or similar materiaL Rober t Benne t t, 407 E. Evans, stated he didn't feel anyone had the right to prevent him from putting his personal property on his real property. He also stated he didn't receive a copy of the proposed ordinance, as promised. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.52.020 OF THE SAN BER- NARDINO MUNICIPAL CODE TO REGULATE RECREA- TIONAL VEHICLES, AS DEFINED, OR BOATS ON PRIVATE PROPERTY. (46) City Clerk Clark read the entire ordinance. 26 7/7/86 City Attorney Prince answered questions regarding provisions relating to the construction of the driveway. Lt. Dave Thomas, Police Department, answered ques~ tions, stating that the 72 hour parking limitation re- quires only an enabling ordinance, and that enforcement provisions don't require that it be posted. He ex- plained State law and read Section 22651 of the California Vehicle Code. Mr. A. L. Sullivan, 1161 N. Conejo Drive, questioned the provisions in the ordinance relating to occupancy in a recreational vehicle, and stated it was his opinion that the present wording was ambiguous and would not restrict occupancy to 30 days as intended. He also thought it would violate City zoning ordinances. He suggested pos- sible wording to clarify the intent. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. A resident of 4906 North "D" Street had questions about the legality of parking of vehicle. Betty Anderson, 1115 E. 35th Street, spoke regarding the proposed ordinance and suggested it be written in a way that everyone could understand it. She stated that they had not received a copy of the proposed ordinance until she had called Council Member Strickler's Office. Mr. Earl La Roe, 1153 E. Mirada, had questions about the parking of his vehicle. Council Member Marks read the entire proposed ordi- nance with suggested changes as follows: Paragraph A to read: "A. The recreational vehicle or boat is parked on a prepared surface, such as concrete, asphalt, crushed rock, or similar material, improved and maintained pursuant to the requirements for such parking areas contained in Sec- tions 19.56.380 through 19.56.420 of the Code with an unimpeded access to a public street or right of way. Any prepared surface for parking of vehicles which encroaches into the front yard set back shall be the existing drive- way or adjacent to the existing driveway." Paragraph "F" to read: "F. Any occupancy or human habitation of anyone recreational vehicle shall not exceed thirty days during any calendar year." Citizens interested in receiving a copy of the proposed ordinance before its final passage were urged to call the Council Office with their names and addresses. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the hearing be closed, and that the ordinance be laid over for final passage at 3: 00 p.m., on August 4, 1986, in the Council Chambers of City Hall, 300 North "D' Street, San Bernardino, California. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.22 AND AMENDING TITLE 19 OF THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE A PERMIT FOR AND DEFINITION OF PARKING LOT SALES AND SIDEWALK SALES, AND TO PERMIT PARKING LOT SALES AND SIDEWALK SALES IN C-l, C-2, C-3 AND C-M DISTRICTS SUBJECT TO A PERMIT. (39) City Clerk Clark read the title of the ordinance. 27 7/7/86 r Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the ordinance be waived. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet~ ing and took his place at the Council Table. Norm Lubinski, owner of Norm's Automotive Supply and Machine Shop, was present and complained that he could not stay in business under the provisions of the ordinance, due to the fact that much of the work he does cannot be done inside a building. It was pointed out that the proposed ordinance does not in any way affect automotive businesses, but only concerns parking lot sales and sidewalk sales, and that the references to automotive businesses have been on the books for many years. Planning Director Schuma answered questions and reaffirmed that the proposed ordinance only affects provisions relating to parking lot sale and sidewalk sales. He stated that this ordinance is actually a loosening of restrictions relating to parking lot sales and sidewalk sales. Jack Coyle, 1035 North "E" Street, Secretary/Treas- urer of San Bernardino Motor Car Dealers Association, representing new and used car dealers, stated that there has been greater enforcement of the ordinance within the last six months than in previous times. He stated that this type of ordinance makes it difficult for car dealers to operate within the law, and requested that the proposed ordinance be tabled. He suggested that a meeting be scheduled to discuss a new ordinance and he will bring responsible representatives of new and used car dealers. Council Member Strickler made a motion, seconded by Council Member Hernandez, to remove any reference to automotive sales, storage, and auto accessories, address that issue and refer to Legislative Review Committee, as a separate ordinance. Planning Director Schuma stated that there has been more active enforcement of the present ordinance lately. It was his recommendation to leave the ordinance as it exists now in order to clean up and enhance the community. City Clerk Clark explained that 700 businesses that would be affected by the proposed ordinance were notified by first class mail of the proposed ordinance and given an opportunity to respond. There were perhaps 15 responses from those businesses. A representative from Sears was at the hearing and was satisfied with the provisions. Gemco and other large businesses were not represented. Darrell Malott of Toler's Auto Body, offered his services in discussing a new ordinance. The previous motion by Council Member Strickler, seconded by Council Member Hernandez, to remove any reference to automotive sales, storage and auto accessories, address the issue and refer to the Legislative Review Committee carried unanimously. The ordinance regarding outdoor sales and parking lot sales will be split off and brought back by City Attorney Prince. 28 7/7/86 COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. PUBLIC HEARING - INCREASED ANIMAL CHARGES This is the time and place set for a public hearing to consider an increase in animal charges. (47) Mayor Wilcox opened the hearing. Council Member Marks presented a portion of the Ways and Means Committee meeting report of July 2, 1986, in regard to Animal Control Fees. The Committee recommended that fees be increased in the following categories: Present Fee Proposed Fee Dog License Fee Unaltered $15 Unaltered $16.00 Altered 5 Altered 6.50 Research Sale Dog 50 Dog 100.00 Cat 30 Cat 60.00 Adoption Dog 15 Dog 20.00 Cat 10 Cat 15.00 (A report to be provided to Council by October 1, 1986 regarding the impact on adoptions) Livestock Fee (Large) (Med i um) (Small) 4/day 3/day 2/day 15 30 45 (Large) (Med. ) (Small) day/12.50 day /10.00 day/ 5.00 20.00 40.00 60.00 Apprehension Fee First Second Third First Second Third Board Fees (Dogs & Cats) 3/day day/5.00 Field Service Vet Pick-up Fee Pick-up per call per animal 6 5 1 Pick-up 10.00 per call 7.00 per animal 1.00 (Terminate service 30 days from Council approval. Service can be obtained from the private sector. Action will significantly free-up needed Animal control Officer time for primary work tasks). Owner Release A. Adoption Service Adult Dog 12 Adult Dog 15.00 Cat/Kitten/Pup 6 Cat/Kitten/pup 8.00 B. Disposal Chg. Adult Dog 5 Adult Dog 6.00 Cat/Kitten/pup 2 Cat/Kitten/pup 3.00 Vaccination Fee Dog/Cat 5 Dog/Cat 6.00 Dr. Harold Chandler, Commission, concurred recommendations. Chairman of the Animal Advisory with the Ways and Means Margo Tannenbaum, Action for Animals, stated that she felt a lot of the problems at the Animal Shelter were caused by sale of animals for research. 29 7/7/86 Anita Perry, 2119 Jacaranda Court, complained about the wording of the ballot language of Measure HH which had to do with the sale of animals for research purposes. Bonnie Tokaruk, 7016 Elmwood, stated she would support a $400 fee for selling animals for research. David Burke, 144 w. 42nd street, spoke in opposition to increases and stated that some government services should be provided without profit. He further stated that if the City raises the fees, that would be an incentive for the City to sell more animals for research. Connie Triplett, a Highland resident, stated that if the City raises the fees, more live animals would be picked up instead of dead animals. Paul Turner, Director of the shelter handles 22,000 approximately 1,100. Animal Control, stated that animals a year and sells Darlene Yetter who lives in Devore, complained about the lack of sensitivity shown by animal shelter employees. Her dog was picked up by them. She stated she was in opposition to increase in fees. Chris DeRose, Last Chance for Animals, Los Angeles, thanked Mayor wilcox and Council Member Strickler for speaking up at the January 9, 1986, Council Meeting and s ta ted that two peop le on the Counc i 1 had aves ted interest in the sale of animals for research. Jo Orman, 3256 North "D" Street, asked the not to make the sale of animals more lucrative. asked for a quota system for animal sales. Council She also Carol Anderson, a volunteer at the Animal Shelter, stated that the adoption process fees are too high and if they are raised, it would discourage more adoptions. She also said she would like to see better quality vaccinations. Alice Broderick, 3515 Sepulveda Avenue, stated that fees are high enough for the poor quality of services received. Raymond Schweitzer, City Administrator, answered questions of the Council, stating that if the Council adopts what is recommended, the annual budget will still require $120,00 from the General Fund. The Counci 1 discussed Release Charges and Field Service Fees. Paul Turner, Director of Animal Control, explained how apprehension fees are charged on repeat incidents. The Council discussed an adoption incentives program, including a fee adoption day each month. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, to direct staff to present to the Council alternative program scenarios which would incorporate ideas for no fee or reduced fees for adoption programs to encourage adoption 30 7/7/86 of animals from the shelter; to request staff to develop a program which would match an elderly or handicapped person to animals available in the shelter; and that these two reports come back to the meeting of August 4, 1986. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. Margo Tannenbaum, Action for Animals, answered ques- tions regarding animals that are purchased from the pound and resold to faculty researchers. ORD. MC-528 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 6.24 OF THE SAN BERNARDINO MUNICIPAL CODE TO INCREASE FEES RELATING TO ANIMALS; AND DECLARING THE URGENCY THEREOF. FINAL City Clerk Clark read the title of the ordinance. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the ordinance be amended by deleting Sections 9 and 11 from the Fee Schedule in order to eliminate the owner release and field service charges. Maria Hudson who lives in San Bernardino suggested that the veterinarians be requested together and provide a free service for neutering, and shots. County, to get spaying Carol Anderson, a volunteer at the Animal Shelter, stated that the City should charge for owner released animals. The Counci 1 discussed a suggestion that a $1. 00 charge be added to the license fee which would be used for public relations at the Animal Shelter. Paul Turner, Director of Animal Control, answered questions regarding the new fee structure. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the hearing be closed; that further reading of the ordinance be waived and said ordinance be adopted as amended. Ordinance MC-528 was adopted by the Ayes: Council Members Reilly, Marks, Strickler. Noes: None. Absent: Estrada, Hernandez. following vote: Quiel, Frazier, Council Members RES. 86-280 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 80-522 ENTITLED IN PART "RESOLUTION . . . ESTAB- LISHING A FEE SCHEDULE FOR THE APPREHENSION AND BOARDING OF LIVESTOCK", TO INCREASE THE FEE FOR THE MAINTENANCE, FEEDING AND CARE OF APPREHENDED LIVESTOCK. The City Clerk read the title of the resolution. Counci 1 Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be wai ved and said resolution be adopted. 31 7/7/86 Resolution No. 86-280 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Str ickler. Noes: None. Absent: Council Mem~ bers Estrada, Hernandez. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE TO INCREASE THE DOLLAR AMOUNT FROM SIXTY DOLLARS TO FIVE HUNDRED DOLLARS FOR QUARTERLY OR SEMI-ANNUAL LI- CENSE FEES PAYABLE ENTIRELY IN ADVANCE, AND TO ALLOW FOR REISSUANCE OF BUSINESS LI- CENSES ANNUALLY FROM DATE OF INITIAL IS- SUANCE. (41) City Clerk Clark read the title of the ordinance. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the ordinance be waived and said ordinance be laid over for final passage. ORD. MC-529 - ORDINANCE OF THE CITY OF SAN FINAL BERNARD I NO AMEND I NG THE SAN BERNARD I NO MUNICIPAL CODE BY ADDING CHAPTER 2.49, AND AMENDING SECTION 2.17.010 TO CREATE THE SENIOR AFFAIRS COMMISSION. (42) Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the ordinance be waived and said ordinance be adopted. Ordinance MC-529 Ayes: Council Members Noes: None. Absent: Marks. was adopted by the following vote: Reilly, Quiel, Frazier, Strickler. Council Members Estrada, Hernandez, ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING CHAPTER 19.68 OF THE SAN BERNAR- DINO MUNICIPAL CODE PERTAINING TO THE MOV- ING OF BUILDINGS IN THE CITY OF SAN BERNAR- DINO, AND REPEALING SECTION 19.68.050. (40) The City Clerk read the title of the ordinance. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that first reading of the ordinance be waived, that said ordi- nance be amended by changing Paragraph E, page 4, regard- ing abatement to read as follows: "If construction is not completed within one hundred forty days, the City may commence abatement proceedings without notice or hearing and all costs will be deducted from cash deposit or C. D.", and that said ordinance be laid over for final pas- sage. City Attorney Prince advised against including this clause in the ordinance as it would violate the Constitution. GENERAL REPORTS AND CORRESPONDENCE Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that the following items be filed: (43) 32 7/7/86 a. Civil Service Eligibility Lists for: Senior Lifeguard Lifeguard Supervising Lifeguard Senior Stenographic Clerk Intermediate Stenographic Clerk Junior Stenographic Clerk Police Captain Police Assistant Food Service Worker I Kitchen Helper Security Officer Senior Companion Program Coordinator b. City's Investment Portfolio, as of May 31, 1096 - Craig A. Graves, City Treasurer c. Six alcoholic beverage applications for the following new and transferred licenses: NEW Kareem S. Fakhoury, dba Kareem Station 105 S. Pepper Ave. Off Sale Beer & Wine TRANSFERRED Soong Choi, Peter Lee, dba Jimbo's Market 1395 W. Base- line Off Sale Beer & Wine Hyung D. & Sook J. Min dba Circle Seven Market 4711 N. Sierra Way Off Sale Beer & Wine Ted Gavaris 515 N. Arrow- head Ave. On Sale Gener al Jae Whang & Myung In Kim dba Bliss Liquors 695 W. Ninth Street Off Sale General Moo K. Choi, dba Driftwood Dairy 735 East Baseline Off Sale Beer & Wine CERTIFICATION - RESULTS OF SPECIAL MUNICIPAL ELECTION CONSOLIDATED WITH PRIMARY ELECTION - JUNE 3, 1986 - ADVISORY MEASURE "HH" Pursuant to a memorandum dated July 2, 1986, from Shauna Clark, City Clerk, Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the results of the Special Municipal Election consolidated with the Primary Election held on June 3, 1986, as set forth in the Statement of Vote Cast, and certified by the San Bernardino County Registrar of Voters, be declared official as follows: Total Registration San Bernardino City - 60,827 Total Votes Cast 20,767 Advisory Measure "HH" Yes 9,460 No 9,213 33 7/7/86 RENTAL RATES FOR WATER DEPARTMENT AND REDEVELOPMENT AGENCY - INCREASE Pursuant to his memorandum dated July 7, 1986, Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that staff be instructed to advise the Redevelopment Agency and the Water Department that, based on the full service market rate, their rental fee will increase to $1.25 a square foot per month, effective as soon as possible. WAYS AND MEANS COMMITTEE REPORTS - JUNE 17, 1986 - JULY 2, 1986 Council Member Marks, Chairman of the Ways and Means Committee, presented the reports of the meetings of the Ways and Means Committee held on June 17, 1986 and July 2, 1986. (16) At the meeting of June 17, 1986, the following items were discussed: 1. Approval of Master Plan for the Fine Arts - City of San Bernardino - The Commit- tee recommended the adoption of the 1/2 of 1% assessment of commercial construction only and directed the City Attorney to prepare an ordinance. Cultural Arts Direc- tor, and Parks, Recreation and Community Services are to get together and provide a combined report of all cultural activities (past, present, desired) in the City of San Bernardino. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to di- rect staff to provide to the Ways and Means Committee, a full analysis, city by city in the area, on the fees that other cities are charging for development; that a public hearing be held at 9:30 a.m., on Monday, August 4, 1986, in the Counci 1 Chambers of Ci ty Hall, 300 North "D" Street, San Bernardino, for the adoption of the proposed 1/2 of 1% assessment on commercial construction as part of the Master Plan for the Fine Arts and that the members of the Fine Arts Commission be invited to be present at the public hearing. 2. Blue Crew Implementation Plan - Item continued--:--Speci fic Info rinati on-ls to be provided to the Committee by July 14, so that program can be fully implemented. The costs and revenues are to be clearly defined. The structure and organization with clear instructions will be provided. The possibility of funding a full-time supervisor for the program through JTPA will be researched and reported on. 3. Comprehensive Code continued. A special called so that the Mayor Enforcement - Item meeting will be can be present. 4. Streetlight Standards; Survey and Man- power Needs - The Committee recommended funds be allocated for two additional posi- tions. The Commi ttee also recommended $275,000 be reinstated in Public Buildings budget for electrical energy for street light program. This item was considered as urgent and necessary to prevent a street lighting crisis throughout the City. 34 7/7/86 Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the City Administrator be directed to place two additional positions back into the Public Buildings budget for street lighting maintenance and that $275,000 be reinstated for electrical energy for the street light program. 5. Feldheym Central Library-Funding for InterIor/Exterior signage and 6. Resolu- tion awarding a bid to South Coast Rubber Stamp Company for-the Furnishing and Deliv- ery of Signage to be Utilized by the Norman E:~eld~eym--..S:~~tral Libra~ -Committee revIewed and recommended adoption as in the previous form motion. Item to be presented to the Council on June 20, 1986 as a matter of urgency. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the report of the meeting of the Ways and Means Committee held on June 17, 1986 be received and filed. At the Ways and Means Committee meeting held on July 2, 1986, the following items were discussed: 1. Animal Control Ordinance Item con- tinued. Council Member Marks reviewed the ordinance with Animal Control Director and Attorney McQueen. Recommendations will be brought back to Committee at next meeting and also to be presented to the Legislative Review Committee. (Action taken at the public hearing. See page 29) 2. Animal Control Fees - The Committee recommended that-certain-fees be increased. (Listed previously in minutes. See page 29) 3. Sale or Disposal of Used Police Ve- hicles~-Ytem-COntinued. The Committee lIked-the idea presented by the purchasing Agent and asked for a specific recommenda- tion identifying all the aspects and op- tions. 4. Automotive Dealers License - Item con- tinuea:--T"he Commi ttee recommended the Purchasing Agent and City Attorney's repre- sentative to provide a report in detail listing advantages, disadvantages and legal implications. 5. Review of Outstanding Purchase Orders - Item continued. The Committee requested the City Administrator to review the Pur- chase Order process, focus on speed, ac- curacy, cost savings/avoidance, quality of material, etc. This 90-day study is to include P. O. turn-around-time, manning, tracking and reporting so that all partici- pants are kept informed throughout the process. The Council discussed a provide departments a process timely manner. purchasing policy or tool to for obtaining materials in a 35 7/7/86 I ! 6. Library Computer Check~out Program ~Item continued. Librarian to study and reevaluate need given current budget status. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the report of the meeting of the Ways and Means Committee held on July 2, 1986, be received and filed. RES. 86-281 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LITTLE LEAGUE BASEBALL, INC., RELATING TO FUNDING FOR THE WESTERN REGIONAL LITTLE LEAGUE TOURNAMENT. The City Clerk read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be wai ved and said resolution be adopted. Resolution No. 86-281 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Hernandez. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, to instruct the Parks, Recreation and Community Services Department to include the funding for the Western Regional Little League as a line item in next year's budget. RES. 86-282 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO SUPPORTING SENATE BILL 1226, AS AMENDED, WHICH WOULD PERMIT THE DIRECTOR OF GENERAL SERVICES TO LEASE A BUILDING LO- CATED AT PATTON STATE HOSPITAL TO A PRIVATE NONPROFIT CORPORATION FOR THE PURPOSE OF PROVIDING SERVICES TO ELDERLY PERSONS. The City Clerk read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be wai ved and said resolution be adopted. Resolution No. 86-282 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Hernandez. SUMMER YOUTH EMPLOYMENT PROGRAM In a memorandum dated July 3, 1986, Ray Schweitzer, City Administrator, presented a proposed Summer Youth Employment Program for the City of San Bernardino at al- ternate funding levels. City Administrator Schweitzer presented alternate funding levels and answered questions regarding the development of a youth wage, stating that youth wages have to be approved by the State. Counc i 1 Membe r Ma rks made a mot i on, seconded by Council Member Strickler and unanimously carried, that the Summer Youth Program be funded in the amount of $20,000 for 40 youths at $3.35 per hour. 36 7/7/86 RES. 86-283 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO POWELL CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF DEL ROSA DRIVE, FROM NINTH STREET TO BASELINE STREET. (26) The City Clerk read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 86-283 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Hernandez. RES. 86-284 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BONADI- MAN-MC CAIN, INC. FOR INSTALLATION OF EX- PANSION JOINT REPLACEMENTS IN 3-LEVEL PARK- ING STRUCTURE FOR CENTRAL CITY MALL. (27) The City Clerk read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 86-284 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Hernandez. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the transfer of $28,500 from Account No. 001-329-53402, "Elec- trical Charges" to Account No. 001-323-56318, "Central City Mall Parking Structure", be approved. BUDGET HEARING City Administrator Schweitzer asked for clarification from the Council regarding actions taken in the special budget hearings concerning impending positions cuts. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the City Administrator be instructed to advise those persons in positions targeted for deletion, that the budget cuts have been approved, with the exception of the Draftsman position in Planning, and that the Draftsman position is to receive a 30 day extension. INSURANCE POOL Robert Tarr, Robert F. Driver Insurance Company, Inc., requested time in front of the Council to explain the insurance pool concept he had been working on. He stated that the captive insurance company worked out of Bermuda as a fronting company but funds would stay here with Security Pacific Bank as trustee. Counc i 1 Membe r Ma rks made a mot i on, seconded by Council Member Strickler and unanimously carried, that the matter of the insurance pool be referred to the Ways and Means Committee. 37 7/7/86 RECESS MEETING - CLOSED SESSION At 7:30 p.m., the Regular Meeting of the Mayor and Common Council recessed to a Closed Session under the authority of Government Code Section 54956.9(a) to discuss pending litigation. Cases to be discussed include Walsh et al and City of San Bernardino, et al, vs. San Manuel Band-of MisSIon Indians, et al, Case No. U. W. District Court No. 85 6899 WJR (BX). CLOSED SESSION At 7:30 p.m., the Closed Session was called to order by Mayor wilcox in the Conference Room of the Council Chambers, 300 North "D" Street, San Bernardino, Cali- fornia. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Reilly, Marks, Quiel, Strickler, City Attorney Prince, City Clerk Clerk, City Administrator Schweitzer. Absent: Council Members Estrada, Hernandez, Frazier. Also present: Assistant City Attorney Sabourin; Richard Bennecke, Administrative Assistant to the Mayor; Bruce Gadbois, Acting Director, Emergency Services & Risk Management; Kevin D.Sovereign, Liability Claims Specia- list; Attorney Arthur Varden. CITY CLERK CLARK EXCUSED At 8:25 p.m., City Clerk Clark left the Closed Session. ADJOURN CLOSED SESSION At 9:30 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 9:30 p.m., the Regular Meeting of the Mayor and Common Council reconvened 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 Wilcox; Council Members Reilly, Marks, Quiel, Strickler; City Attorney Prince, City Administrator Schweitzer. Absent: Council Members Estrada, Hernandez, Frazier. CLAIMS AUDITOR - HIRING FOR AUDIT OF RISK MANAGEMENT DIVISION Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that authorization be given to hire a Claims Auditor for a sum not to exceed $12,500 for the purpose of auditing the Risk Management Division. RECESS MEETING - CLOSED SESSION At 9:35 p.m., Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously car- ried, that the Regular Meeting of the Mayor and Council recess to a Closed Session under the authority of Govern- ment Code Section 54956.8 to discuss negotiations. CLOSED SESSION At 9:35 p.rn., the Closed Session was by Mayor Wilcox in the Conference Room Chambers. called to order of the Council 38 7/7/86 ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Reilly, Marks, Quiel, Strickler; City Attorney Prince, City Administrator Schweitzer. Absent: Council Members Estrada, Hernandez, Frazier; City Clerk Clark. ADJOURN CLOSED SESSION At 9:55 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 9:55 p.m., the Regular Meeting of the Mayor and Common Council was called to order by Mayor Wilcox 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 Wilcox; Council Members Reilly, Marks, Quiel, Strickler; City Attorney Prince, City Administrator Schweitzer. Absent: Council Members Estrada, Hernandez, Frazier; City Clerk Clark. ADJOURNMENT At 10:00 p.m., Council Member Strickler made a mo- tion, seconded by Council Member Quiel and unanimously carried, that the meeting adjourn to Monday, July 21, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. .AWd/IO'/~~ / City Clerk 39 7/7/86