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HomeMy WebLinkAbout09-23-1985 Minutes e, . . .- -" \. City of San Bernardino, California September 16, 1985 Notice is hereby given that at the Regular Meeting of the Mayor and Common Council of the City of San Bernardino held on the 16th day of September, 1985, at 9:1313 a.m.. in the Council Chambers of City Hall, 31313 North "D" Street, San Bernardino, California, all members of said Common Council being absent therefrom, the undersigned City Clerk of said Mayor and Common Council thereupon declared said meeting adjourned until Monday, September 23, 1985, at 9:1313 a.m., in the Council Chambers of City Hall, 31313 North "D" Street, San Bernardino, California; and all matters and hearings set for this date be continued until Monday, September 23, 1985, at 9:130 a.m.. in the Council Chambers of City Hall, 31313 North "D" Street, San Bernardino, Cali- fornia. -k//74/UL'?-?// '" City Clerk City of San Bernardino, California . September 23, 1985 This is the time and place heretofore set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Regular Meeting held Monday, September 16, 1985, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California; all members of the Mayor and Common Council being absent therefrom. The City Clerk has caused to be posted the Notice of Adjournment of said meeting held Monday, September 16, 1985, at 9:00 a.m., and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said order which was posted on Monday, September 16, 1985, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:03 a.m., Monday, September 23, 1985, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. INVOCATION The Invocation was given by Mr. John Lowe, Campus Crusade for Christ. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Strickler. ROLL CALL Roll Call was taken by Deputy City Clerk Reese with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, Deputy City Clerk Reese, City Administrator Matzer. Absent None. . CERTIFICATE OF COMMENDATION - JUANITA HILLMAN - POLICE DEPARTMENT Lorraine Velarde, Administrative Assistant to the Mayor, read a Certificate of Commendation commending Juanita Hillman for 32 years of voluntary service as a Police Reserve Officer. Council Member with a Certificate services to the City Strickler presented Juanita Hillman of Appreciation for her volunteer of San Bernardino. Lorraine Velarde, Administrative Assistant to the Mayor, read a letter of appreciation sent to Juani ta Hillman from Governor Deukmejian. Mayor Wilcox read a letter of appreciation sent to Juanita Hillman from the San Bernardino Chamber of Com- merce. . Frank Stallworth, a representative from Senator Ruben Ayala's office, presented Juanita Hillman with a plaque of appreciation from Senator Ayala. Benjamin Gonzales, Police Chief, presented Juanita Hillman with a plaque of appreciation and an honorary badge. . PROCLAMATION - MINORITY ENTERPRISE DEVELOPMENT WEEK - OCTOBER 6-12, 1985 Lorraine Velarde, Administrative Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, proclaiming the week of October 6-12, 1985, as Minority Enterprise Development Week. Keith Lee, Operations Manager of Operation Second Chance, was present to accept the proclamation. CERTIFICATE OF COMMENDATION - ERNEST WILSON Salena Gregory, Chairperson of the Equal Employment Committee, presented Ernest Wilson, Affirmative Action Officer, a Certificate of Commendation for his service to the City of San Bernardino. APPRECIATION - JOHN LOWE - HARRISON CANYON PARK Council Member Marks gave special thanks to John Lowe, Campus Crusade for Christ, for his service on the Citizens Advisory Committee concerning Harrison Canyon Park. Mr. Lowe was unable to be present when the Citizens Advisory Committee was previously honored for their dedi- cation to the City of San Bernardino. . OUT-OF-STATE TRAVEL - FIRE MARSHAL MIKEL J. PARK - NATIONAL FIRE ACADEMY, EMMITSBURG, MARYLAND Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, to autho- rize Mikel J. Park, Fire Marshal, to travel to the National Fire Academy, Emmitsburg, Maryland, to attend a Fire Prevention Management Class, October 28 - November 11, 1985. (1) TRAFFIC SIGNAL MODERNIZATION - FIFTH AND NINTH STREETS - PAUL GARDNER CORPORATION In a memorandum dated September 12, 1985, Roger Hardgrave, Director of Public Works/City Engineer, stated that the modernization of traffic signals on Fifth Street from "H" Street to Sierra Way and on Ninth Street from "H" Street to Waterman Avenue, per Plan No. 6392 has been completed satisfactorily by the Paul Gardner Corporation. . Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that work performed by the Paul Gardner Corporation, in accordance with plans and Specification No. 6392 concerning the modernization of traffic signals on Fifth Street from "H" Street to Sierra Way and on Ninth Street from "H" Street to Waterman, be approved; and that final payment be authorized at the expiration of the lien period. (2) TRAFFIC SIGNAL MODIFICATION - LYNWOOD DRIVE AND DEL ROSA AVENUE - INTERSECTION MANAGEMENT SYSTEMS, INC. In a memorandum dated September 12, 1985, Roger Hardgrave, Director of Public Works/City Engineer, stated that all work included in the contract for modification of traffic signals at Lynwood and Del Rosa Avenue was satis- factorily completed as of September 4, 1985. . Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that work performed by Intersection Management Systems, Inc., in accordance with Specification No. 6589 concerning the modification of traffic signals at Lynwood Drive and Del Rosa Avenue, be approved; and that final payment be authorized at the expiration of the lien period. (3) 2 9/23/85 . FIFTH WARD PARK EXTENSION FUND EXPENDITURE ~ HUDSON PARK In a memorandum dated September 3, 1985, Annie Ramos, Director of Parks, Recreation and Community Services, requested the approval of $1,592 from Fifth Ward Park Extension Funds to purchase parts and materials for the installation of tot lot apparatus at Hudson Park. Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that an expenditure of $1,592 from Fifth Ward Park Extension funds for the purchase of parts and materials for the instal- lation of a tot lot apparatus at Hudson Park, be approved. (4 ) CLAIMS AND PAYROLL Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, to approve demands against the City and authorize the issuance of warrants as follows: (5) 1. Approve the register demands dated: August 27, 1985 September 4, 1985 85/86 H 85/86 115 $1,310,597.78 588,080.98 . 2. Approve a supplement to the total gross payroll for the period July 22, 1985, through August 4, 1985, in the amount of $2,105.14. 3. Approve the total gross payroll for the period August 5, 1985, through August 18, 1985, in the amount of $1,161,023.04. 4. Approve a supplement to the total gross payroll for the period August 5, 1985, through August 18, 1985, in the amount of $1,577.76. PERSONNEL ACTIONS Council Member Quiel made a motion, seconded by Council Member Strickler, that the personnel actions sub- mitted by the Director of Personnel in accordance with all administrative regulations of the City of San Bernardino be approved and ratified. (6) . The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. APPOINTMENTS Mayor Richard J. Bennecke - Administrative Assistant to the Mayor - Effective September 24, 1985 Ivey Thompson - Information Clerk - Effective September 24, 1985 Cemetery David Lopez - Heavy Laborer - Effective September 24, 1985 Police Susan L. Tronaas - Dispatcher I - Effective September 24, 1985 . 3 9/23/85 ? Finance Blanche D. Chavez - printing Operations Aide - Effective September 24, 1985 . Mike J. Hudkins - Storekeeper I - Effective September 24, 1985 TEMPORARY APPOINTMENTS Parks, Recreation & Community Services Marvin Cash - Recreation Leader/Part-Time - Effective August 16, 1985 Stella Gonzales - Senior Recreation Leader - Effective September 9, 1985 Police Crossing Guard/Part-Time -Effective September 9, 1985 Vernon L. Brown Juan Nava Graciela Valenzuela George Legrande Eula Mae Sturgell Gerlean Weston . Administrative Patty Miller - Administrative Intern - Effective September 24, 1985 Public Buildings Custodial Aide I - Effective September 18, 1985 Lawrence Ambush Alfredo Gonzalez Mark Hannah Charles Rapue Carl Brook Ernest Greer Marion Hemmitt Finance/Purchasing/Stores Cynthia L. Porter - Intermediate Effective September 24, 1985 Typist Clerk - PROMOTION/TRANSFER . Finance Veronica Martinez - From Intermediate Steno Clerk to Senior Steno Clerk - Effective September 16, 1986 LEAVE OF ABSENCE WITHOUT PAY Public Works/Central Garage Refugio Marquez - Automotive Serviceman - Effective April 9, 1985 Discussion appointment of Assistant to the was held Richard Mayor. by the Council regarding the Bennecke as Administrative RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GERALD M. LAIR AND MARY E. LAIR RELATING TO THE USE OF PROPERTY LOCATED AT 530 WEST 10TH STREET AS AN IMPOUND YARD, AND REPEALING RESOLUTION NO. 85-203. (22) (See Page 10, Item 7, for related item.) . Elvin Meek, attorney representing Gerald and Mary Lair, requested the matter be continued to October 21, 1985. 4 9/23/85 . Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that the matter regarding an agreement with Gerald M. Lair and Mary E. Lair be continued to Monday, October 21, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.56.370 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE THAT IMPOUND YARDS SHALL BE EXCEPTED FROM THE REQUIREMENTS OF SECTION 19.56.380 THROUGH 19.56.420 WHICH REQUIRE IMPROVEMENTS. FIRST Council Member Strickler 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. City Attorney Prince answered questions regarding legal matters concerning impound yards. . Planning Director Schuma answered questions regarding the utilization of material and the effects of an impound yard on residential areas. Council Member Quiel made a motion, Council Member Strickler, that said ordinance for final passage. seconded by be laid over The motion carried by Council Members Estrada, Strickler. Noes: Council Absent: None. the following vote: Ayes: Reilly, Quiel, Frazier, Members Hernandez and Marks. . CHANGE OF ZONE NO. 85-14 - SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT - NORTH SIDE OF FIFTH STREET, SOUTH SIDE OF SEVENTH STREET, WEST OF CENTERLINE OF FLORES STREET - CONTINUED FROM SEPTEMBER 9, 1985 This is the time and place continued to for consid- eration of an application made by the San Bernardino County Flood Control District for Change of Zone No. 85-14 to change the land use zoning district from "0", Open Space, to PRD-5U, Planned Residential Development, at five units per acre; an irregularly-shaped parcel of land con- sisting of approximately 23.74 acres located between Fifth and Seventh Streets, having a frontage of approximately 420 feet on the north side of Fifth Street and a frontage of 677 feet on the south side of Seventh Street and being located approximately 165 feet west of the centerline of Flores Street. (8) Dave Lewis, Real Property Agent, Engineering Contract Services Department, County of San Bernardino, Environ- mental Public Works Agency, answered questions concerning a 400-foot setback for open space, as shown on an amended plot plan. Planning Director Frank Schuma answered questions regarding his recommendation for a deed attachment con- cerning a decorative wall and landscaping. . A letter dated August 29, Johnson, Jr., President, Fourth appealed this change of zone. 1985, from H. Norman Street Rock Crusher, 5 9/23/85 . Counc i 1 Member Qu i el made a mot i on, seconded by Council Member Frazier and unanimously carried, to approve Change of Zone 85-14, as per the amended plot plan, with the requirement that a deed restriction be attached to the property in question, which would require a solid decor~ ative wall to be constructed on the perimeter of the pro- perty at the time of development and landscaping at the time development occurs on residentially zoned property. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. . APPEAL HEARING - CONDITIONAL USE PERMIT NO. 85-17 - MINI-SPACE STORAGE FACILITY - HIGHLAND AVENUE, EAST OF VALARIA This is the time and place set for consideration of an appeal filed by Mark Seminaro, Owner, M.L.S., Incor- porated, in his letter dated August 26, 1985, on the Planning Commission's decision of denial of Conditional Use Permit No. 85-17 to permit a mini-space storage facility in the C-3A Limited General Commercial zone on approximately 1.5 acres having a frontage of approximately 185 feet on the south side of Highland Avenue, approxi- mately 235 feet east of the centerline of Valaria Drive. (9) Planning Director Schuma answered questions regarding the Summary, Observations and Findings of Fact of the planning Department. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to con- tinue the hearing until later in the meeting for Planning Director Schuma to acquire more information. (See Page 20) . COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned Meeting and took her place at the Council to the Table. Council PLANNING COMMISSION REPORT Frank Schuma, Planning Director, gave the Planning Report regarding the Planning Commission matters of the meeting of September 3, 1985. The following recommen- dations were made: . That the application for Change of Zone No. 83-28, Antonio and Marie Mendez,Owner/ Applicants, to change the land use zoning district from C-4 Central Business District to R-3-1200, Multiple-Family Residential District for a rectangularly-shaped parcel of land consisting of approximately 9,300 square feet having a frontage of approxi- mately 258 feet north of the centerline of lOth Street further described at 1045 North "F" Street, be recommended for denial. (10) Planning Director Frank Schuma answered questions regarding the request for Change of Zone No. 83-28. Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, to deny Change of Zone No. 83-28 without prejudice. . 6 9/23/85 . NEGATIVE DECLARATION - CONSTRUCTION OF A SENIOR CITIZEN MULTI-SERVICE CENTER ~ PERRIS HILL PARK This is the time and place set for consideration of adoption of a Negative Declaration for the construction of a 5400 square foot multi~service Senior citizen Center to be located in perris Hill Park, south of Highland Avenue and west of Service Drive. (11) In a memorandum dated Director Schuma presented Analysis of a Senior Citizen September 5, 1985, Planning a Project Description and Multi-Service Center. Planning Director Frank Schuma answered questions regarding the project Description and Analysis. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, to adopt the Negative Declaration for the construction of a 5400 square foot multi-service Senior Citizen Center to be located in perris Hill Park, south of Highland Avenue and west of Service Drive. . WATER BOARD COMMISSIONERS - CITY CHARTER ARTICLE IX, SECTION 160 MERCO CONTRACT CONTINUED FROM SEPTEMBER 13, 1985 This is the time and place continued to for consid- eration of Council Member Hernandez' memorandum dated August 29, 1985, requesting that all Water Board Com- mission members be replaced. Attached to the memorandum were a copy of Article IX of the City Charter and Minutes of the Regular Meeting of the City of San Bernardino Board of Water Commissioners dated August 6, 1985. (12) The Mayor and Common Council discussed a contract issued by the Board of Water Commissioners to Merco for improvements to the San Bernardino Wastewater Treatment Plant. Council Member Hernandez made Water Board Commission members. seconded the motion for discussion a motion to replace all Council Member Marks purposes only. . CITY CLERK CLARK REPLACES DEPUTY CITY CLERK REESE City Clerk Clark arrived at the Council Meeting and replaced Deputy City Clerk Reese. Deputy City Clerk Reese left the Council Meeting. City Attorney Ralph Prince answered questions regarding the legal aspects of when and under what conditions there is a contract; i.e. whether the Council could exercise some Charter mandated powers to halt the execution of a contract or actions taken by the Water Board that would lead to an actual contract with Merco. He stated that the Mayor and Common Council do not have authority to override a decision on the awarding of a contract by the Water Board Commission. City Attorney Prince stated that the City Charter, the Water Board had contract to Merco; however, the Water the power to hire legal counsel Attorney's approval. under Section 163 of the power to grant a Board does not have without the City Counci 1 Member Marks withdrew motion by Council Member Hernandez to Board Commission members. his second replace all to the Water . 7 9/23/85 . council Member Hernandez made a motion to appeal the decision of the Water Board to the Environmental Protec~ tion Agency on granting the contract to Merco. Council Member Estrada seconded the motion for discussion purposes only. City Attorney Prince stated that the decision of the Water Board to grant the contract to the second lowest bidder, Merco, is being appealed to the Environmental Protection Agency by another bidder, MCI. Council Member Estrada withdrew her second to Council Member Hernandez' motion to appeal the decision of the Water Board to the Environmental Protection Agency to grant a contract to Merco. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, to continue this item to the afternoon session for a meeting with Water Board members. (I n the Water Board Session. ) afternoon, the Mayor, Common Council, and members discussed this item in Closed . APPOINTMENT OF AUDREE TAYLOR - SENIOR RECREATION SUPERVISOR - CONTINUED FROM SEPTEMBER 13, 1985 This is the time and place continued to for consid- eration of the appointment of Audree Taylor to Senior Recreation Supervisor, Parks, Recreation and Community Services. (13) Discussion ensued regarding the handling of the application process. Mayor Wilcox stated that due process in the matter of promotions should be handled by the respective department. Council Member Frazier made a motion, seconded by Council Member Quiel, to approve the appointment of Audree Taylor to Senior Recreation Supervisor. . The motion carried by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Abstain: Council Member Estrada. LEGISLATIVE REVIEW COMMITTEE REPORT - SEPTEMBER 12, 1985 - COUNCIL MEMBER STRICKLER Council Member Strickler, Chairman of the Legislative Review Committee, presented the report of the meeting of the Legislative Review Committee held on September 12, 1985. The following items were discussed: (14) 1. Existing Nonconforming Automobile Impound Yard An agreement was reached by the attorneys and will be pre- sented to the full Council. 2. Abandoned Vehicles The City has gone out for bids according to Fire Chief Newcombe. The program is continuing. A legal opinion rendered to the Committee concludes that a lien may be placed on real property to recover the cost of towing an abandoned vehicle from such property. The City is presently paying $20 per vehicle to Midnite Auto Towing. . 8 9/23/85 . 3. Locomotive The committee agreed to give the locomotive to the San Bernardino Historical Society. The Committee asked the City Attorney to coordinate with the San Bernardino Railroad Historical Society, Park and Rec- reation Department and City Administrator in preparing an agreement and a motion for the Council. Included in the agreement will be language giving the San Bernardino Rail- road Historical Society two years to restore the engine, an allocation of $20,000, some physical assistance to get the locomotive out of Viaduct Park and some reversionary and protection clauses. 4. Amendment to Chapter 2.17 - Boards, Bureaus and Commissions This item was continued. 5. The Committee recommended that the Fire Depart- ment provide a sprinkler ordinance draft for their review in early October and that copies of present studies be provided to Mr. Gary Brown and Mr. Dennis Mansfield of the Building Industry Association for their perusal and input. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, to accept and file the Legislative Review Committee Report. . APPOINTMENT OF STANDBY OFFICERS FOR CHIEF EXECUTIVE AND GOVERNING BODY TO PRESERVE LAW AND ORDER DURING AN EMERGENCY In a memorandum dated September 16, 1985, Council member Hernandez requested consideration of the feasi- bility of appointing three standby officers each for the Chief Executive and each member of the governing body to provide for succession in order to preserve law and order during an emergency and, in the aftermath of such an emer- gency, pursuant to Government Code Section 8635 and Section 8639. (15) . Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, to refer the feasibility of appointing three standby officers each for the Chief Executive and each member of the governing body to provide for succession and in order to preserve law and order during an emergency and, in the aftermath of such an emergency, pursuant to Government Code Section 8635 and Section 8639 to the Legislative Review Committee for study and a report back to the Council. POLICY - REFUNDS OF SEWER CAPACITY RIGHTS - FRANK POVELKO In a memorandum dated September 13, 1985, Raymond Schweitzer, Deputy City Administrator, explained the back- ground regarding 28.5 sewer capacity rights purchased by Mr. Frank Povelko and recommended the refunding of $37,335 to Mr. Frank Povelko for the purchase of 28.5 sewer capacity rights at $1,410 each, minus $2,850 ($100 non-refundable deposit, per right). (16) Ci ty regarding minus the monies. Administrator Matzer answered questions the refunding of sewer capacity rights monies non-refundable deposit, and interest on the . Counc i 1 Member Qu i el made a mot i on, seconded by Council Member Marks and unanimously carried, to direct the City Attorney to prepare an amendment to the existing resolution whereby an owner of sewer capacity rights who wishes to sell those rights back to the City, would submit the rights back to the City for resale and upon their sale, the first owner would be refunded. 9 9/23/85 . E. L. YEAGER CONSTRUCTION COMPANY CHANGE ORDER NO. ONE - BOX CULVERT AT 40TH STREET AND DEVIL CREEK CHANNEL - DELETION OF BID ITEM NO. 17 In a memorandum dated September 12, 1985, Roger Hardgrave, Director of Public Works/City Engineer, recom- mended the approval of Change Order No. One and deletion of a bid item to the contract with E. L. Yeager Construction Company for construction of a box culvert at Fortieth Street and Devil Creek Channel. (17) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that Change Order No. One to the contract with E. L. Yeager Construc- tion Company, Inc., for the construction of a box culvert at 40th Street and Devil Creek Channel, in accordance with Plan No. 6503, be approved; to authorize the deletion of Bid Item No. 17, "deck seal", of the contract, at a reduction in contract price of $13,650 from $558,661.25 to $545,011.25. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. . GRANT APPLICATION - PACIFIC TELESIS GROUP In a memorandum dated August 8, 1985, Annie Ramos, Director of Parks, Recreation and Community Services, stated that emergency food and shelter funds of the West- side Drop-In-Center are depleted, and that The Pacific Telesis Group has indicated an interest in helping families in emergency situations by using the criteria used in Public Law 98-396 (FEMA) Program coordinated through the Finance Department. (19) Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that an application to the Pacific Telesis Group for a grant of $3,000 by the Parks, Recreation and Community Services Department to assist families in unexpected and emergency situations and to be administered through the Westside Drop-In Center, be approved. . APPEAL HEARING REQUEST - BOARD OF BUILDING COMMISSIONERS ORDER OF ABATEMENT - 5055 DAVID WAY - DAVID HATFIELD In a letter dated September 16, 1985, Richard D. Andrews, attorney for David Hatfield, owner of the resi- dence located at 5055 David Way, requested an appeal hearing on the decision of the Board of Building Commis- sioners at their hearing on September 6, 1985. (21) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal filed by Richard D. Andrews on behalf of David Hatfield on the Board of Building Commissioners' decision to order the abatement of a structure at 5055 David Way be set for hearing on Monday, October 7, 1985, at 9:00 a.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meeting and took her place at the Council Table. . APPEAL HEARING - PLANNING COMMISSION'S DECISION - DENIAL - VARIANCE NO. 84-16 - EXPAND EXISTING NONCONFORMING AUTOMOBILE IMPOUND YARD - 10TH AND "E" STREETS - GERALD M. & MARY E. LAIR - CONTINUED FROM AUGUST 19, 1985 This is the time and place continued to for consid- eration of an appeal filed by Gerald M. and Mary E. Lair, dba City Towing, on the Planning Commission's decision of 10 9/23/85 denial for Variance 84~16 to expand forming automobile impound yard at the lOth and "E" Streets. (See Page 4) an existing noncon- northwest corner of (7) . Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, to con- tinue the appeal hearing on Variance No. 84-16 to 9:00 a.m., Monday, October 21, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESURFACING OF STREETS - FUNDS ALLOCATION In a memorandum and Staff Report dated September 20, 1985, Manuel P. Moreno, Jr., Director of Public Services, itemized streets in need of resurfacing, for a total expenditure of $409,825. Director Moreno also requested the allocation of $295,000 in arterial street funds in order to resurface the streets identified as the highest in need. (18) Manuel Moreno, Jr., Director of Public Services, answered questions regarding the manner in which the streets listed in his Staff Report were prioritized as highest in need of resurfacing. . Council Member Quiel made a motion, seconded by Council Member Marks, to approve the following staff recommendations listed in a memorandum dated September 20, 1985, by Manuel P. Moreno, Jr.: 1. "E" Street, from Second Street to Mill Street, due to deterioration 2. Waterman Avenue, from Highland Avenue to 27th Street, due to deterioration 3. Arrowhead Avenue, from Third Street to Sixth Street, due to underground utility installations, street cuts, etc. A. Rehabilitation of Arrowhead Avenue, from Orange Show Road to Mill Street B. Engineering for widening Second Street at 1-215 Freeway ramps . C. Widening Arrowhead Avenue, south of Highland Avenue 4. Sierra Way, from Third Street to Sixth Street, due to underground utilities and new storm drain 5. Highland Avenue, from Harrison to Del Rosa Avenue due to deterioration and, that funding for Items A and B be taken from Com- munity Development Block Grant contingency funds, which will leave a shortfall of about $4,000, which will be addressed as projects are completed with any remaining funds from other projects. The motion carr ied by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Strickler. Noes: Council Members Estrada, Hernandez, Frazier. Absent: None. . 11 9/23/85 . RES. 85-374 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ARTHUR YOUNG & COMPANY REL- AT I NG TO THE CONDUCT I NG OF A MANAGEMENT AUDIT OF CITY'S PARKS, RECREATION AND COM- MUNITY SERVICES DEPARTMENT. (23 ) The City Clerk read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that fur- ther reading of the resolution be waived and that said resolution be adopted. Resolution No. 85-374 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. . Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to establish an ad hoc committee to work with the Parks, Rec- reation and Community Services Department and consultant Arthur Young & Company to conduct a management study, and that the committee chairman will keep the Council informed as to their progress on the study. Council Members Estrada, Hernandez and Strickler volunteered to serve on the ad hoc committee. RES. 85-375 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATE- MENT OF A PUBLIC NUISANCE. (1796 WEST HIGH- LAND AVENUE, 1260 WEST BELLEVIEW, 580 EAST CENTRAL) . (24) 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 waived and that said resolution be adopted. . Resolution No. 85-375 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. READING AND WAIVING OF ORDINANCES City Clerk Clark read the title of all ordinances on the Agenda. Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that the final reading of all ordinances on the Agenda be waived. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. . ORD. MC-476 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.56.001 OF THE SAN BERNARDINO MUNICIPAL CODE TO ADD SUB- SECTION B MAKING VIOLATION OF THE SECTION A MISDEMEANOR. FINAL (25) 12 9/23/85 Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that said ordinance be adopted. . Ordinance MC-476 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ORD. MC-477 - ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 84-12, A RECTANGULARLY- SHAPED PARCEL OF LAND CONSISTING OF APPROX- IMATELY 8.5 ACRES HAVING A FRONTAGE OF APPROXIMATELY 560 FEET ON THE EAST SIDE OF PALM AVENUE AND BEING LOCATED APPROXIMATELY 588 FEET NORTH OF THE CENTERLINE OF OHIO AVENUE), AND ADOPTING THE NEGATIVE DECLAR- ATION FOR ENVIRONMENTAL REVIEW. FINAL (27) Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that said ordinance be adopted. . Ordinance MC-477 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. ORD. MC-478 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.56.001 OF THE SAN BERNARDINO MUNICIPAL CODE TO ADD PARA- GRAPH 2 TO SUBSECTION A TO PROVIDE THAT NO APPLICATION FOR AN ABSENTEE VOTER BALLOT SHALL BE VALID UNLESS MADE ON THE FORM ISSUED BY THE SAN BERNARDINO CITY CLERK, AND PROVIDING EXCEPTIONS FOR CONSOLIDATED ELECTIONS AND NONAMBULATORY PERSONS. FINAL (26 ) Council Member Strickler made a motion, seconded by Council Member Quiel, that said ordinance be adopted. . Ordinance MC-478 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: Council Member Marks. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. GENERAL REPORTS AND CORRESPONDENCE Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the following items be filed: (28) a. Civil Service Eligibility Lists for: Tree Trimmer - Open & Promotional Associate Planner - Open Printing Operations Aide - Open Liability Claims Specialist - Open & Promotional Custodial Aide I - Open Junior Typist Clerk - Open . b. Five alcoholic beverage applications for the following new and transferred licenses: 13 9/23/85 NEW Anis D. Awad 1007 N. Mt. Vernon Off Sale . Avenue Beer & Wine TRANSFERRED Hyun S. Choi & 341 S. Mt. Vernon Off Sale Soong C. & Avenue Beer & Wine Peter Lee & Ok Soo dba Alta Dena Dairy Sung H. Cho & 1227 W. Second Off Sale Yung B. dba Street Beer & Wine Discount Market Hung T. Ly, 178 E. Highland On Sale Venny Thi, Lai Avenue Beer & Wine H. Yung & Yoon T. dba The Curry King Mary E. & 753 W. 40th St- Off Sale . Robert J. Maple General dba Bottle Stop EXTENSION OF HOSPITALITY LANE - BRIDGE OVER SAN TIMOTEO CREEK PER PLAN NO. 6653 In a memorandum dated September 18,1985, Roger Hardgrave, Director of Public Works/City Engineer, stated that the estimated total project cost of constructing a roadway 64 feet between curbs, a bridge over San Timoteo Creek, and modifying the existing traffic signals at Waterman Avenue would be $793,400. He also stated that notification of a grant award from EDA is expected by September 30, 1985, and that it is imperative that adver- tising be started as soon as possible in order to approx- imate the schedule for Park Centre Development. (S-2) . Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the plans for the extension of Hospitality Lane and construction of a bridge over San Timoteo Creek, in accordance with Plan No. 6653, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids contingent upon approval by EDA of the grant application. INSTALLATION OF TRAFFIC SIGNALS - 40TH STREET AND SEPULVEDA AVENUE - PER PLAN NO. 6831 In a memorandum dated September 19, 1985, Roger Hardgrave, Director of Public Works/City Engineer, estimated the total project cost of installing traffic signals at 40th Street and Sepulveda Avenue, and stated that it is essential that these signals be installed as soon as possible to provide protection for senior citizens. (S-3) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the plans for installation of traffic signals at 40th Street and Sepulveda Avenue, in accordance with Plan No. 6831, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. . COUNCIL MEMBERS MARKS AND QUIEL EXCUSED Council Members Marks and Quiel left the meeting. 14 9/23/85 . CONVENTION CENTER ~ REQUEST FOR USE - SAN BERNARDINO COUNTY BAR ASSOCIATION - OCTOBER 24 - 25, 1985 In a letter dated September 19, 1985, from Lowell R. Jameson, Executive Director of the San Bernardino County Bar Association, a request was made of the Council to approve a temporary Certificate of Occupancy for the San Bernardino Convention Center in order to hold their fifth annual Tech Expo '85 computer business equipment show on October 24 and 25,1985, with set up of equipment on October 23, 1985. (S-5) Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, to con- tinue this item later in the meeting. (See Page 21). COUNCIL MEMBERS MARKS AND QUIEL RETURNED Council Members Marks and Quiel returned to the Council Meeting and took their places at the Council Table. . READING AND WAIVING OF RESOLUTIONS ON SUPPLEMENTAL AGENDA The City Clerk read the titles of all the remaining resolutions on the Supplemental Agenda. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that further reading of all the remaining resolutions on the Supple- mental Agenda be waived. RES. 85-376 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE REGIONAL COMPETITIVE PROGRAM OF THE CALIFORNIA PARK AND RECREA- TIONAL FACILITIES ACT OF 1984 FOR REHABIL- ITATION OF FACILITIES AND GROUNDS AT PALM FIELD. (S-9 ) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. . Resolution No. 85-376 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-377 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE REGIONAL COMPETITIVE PROGRAM OF THE CALIFORNIA PARK AND RECREA- TIONAL FACILITIES ACT OF 1984 FOR REHABIL- ITATION OF FACILITIES AND GROUNDS AT NICHOLSON PARK, SAN RI BALLFIELD. (S-7) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 85-377 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: . 15 9/23/85 . RES. 85~378 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE REGIONAL COMPETITIVE PROGRAM OF THE CALIFORNIA PARK AND RECREA~ TIONAL FACILITIES ACT OF 1984 FOR REHABIL- ITATION OF FACILITIES AND GROUNDS AT HILL- CREST PARK. (S-6 ) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 85-378 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 85-379 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE REGIONAL COMPETITIVE PROGRAM OF THE CALIFORNIA PARK AND RECREA- TIONAL FACILITIES ACT OF 1984 FOR REHABIL- ITATION OF FACILITIES AND GROUNDS AT PATTON PARK SOUTH. (S-8) . Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. Resolution No. 85-379 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. COMMUNITY DEVELOPMENT COMMISSION/ REDEVELOPMENT AGENCY - REGULAR MEETING The Adjourned Regular Meeting of the Community Devel- opment 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 MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the meeting. . RES. 85-380 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO LEASE WITH OPERATION SECOND CHANCE, INC., RELATING TO THE LEASE OF A PORTION OF 1505 WEST HIGHLAND AVENUE, SAN BERNARDINO, FOR LIBRARY PUR- POSES, AND AUTHORIZING THE FINANCE DIRECTOR TO MAKE PAYMENTS DUE UNDER LEASE TO REDEVEL- OPMENT AGENCY FOR CREDIT TO OPERATION SECOND CHANCE, INC.; AND REPEALING RESOLUTION NO. 85-343. (R-3) The City Clerk read the title of the resolution. Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived, and that said resolution be adopted. . Resolution No. 85-380 was adopted vote: Ayes: Council Members Estrada, Quiel, Frazier, Strickler. Noes: None. Member Hernandez. by the following Reilly, Marks, Absent: Council 16 9/23/85 . RES. 85-381 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, DECLARING ITS ELECTION TO RETAIN ALL OF ITS UNUSED CALENDAR YEAR 1985 PRIVATE ACTIVITY BOND LIMIT AND TAKING CER- TAIN OTHER ACTIONS. (R-4) 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 waived, and said resolution be adopted. Resolution No. 85-381 was adopted vote: Ayes: Council Members Estrada, Quiel, Frazier, Strickler. Noes: None. Member Hernandez. by the following Reilly, Marks, Absent: Council . RES. 85-382 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE ITS MULTIFAMILY MORTGAGE REVENUE BONDS; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS; SETTING A PUBLIC HEARING; AND MAKING CERTAIN OTHER FINDINGS AND DETERMIN- ATIONS IN CONNECTION THEREWITH (NOBLE PRO- PERTIES, INC. PROJECT) (R-5) The City Clerk read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carr ied, that further reading of the resolution be waived, and that said resolution be adopted. Resolution No. 85-382 was adopted vote: Ayes: Council Members Estrada, Quiel, Frazier, Strickler. Noes: None. Member Hernandez. by the following Reilly, Marks, Absent: Council COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. . RES. NO. 85-383 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ISSUANCE BY THE CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMENT AUTHORITY OF ITS CITY OF SAN BERNARDINO INDUSTRIAL DEVEL- OPMENT AUTHORITY, INDUSTRIAL DEVELOPMENT REVENUE BONDS, SIMA PARTNERSHIP NUMBER TWO PROJECT, ISSUE OF 1985 AND THE PROJECT TO BE FINANCED THEREBY, MAKING CERTAIN FINDINGS AND DETERMINATIONS AND SETTING A PUBLIC HEARING RELATING THERETO (SIMA PARTNERSHIP NUMBER TWO PROJECT) (R-6) The City Clerk read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived, and that said resolution be adopted. . Resolution No. 85-383 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. 17 9/23/85 . PUBLIC HEARING - TEFRA ~ FOOD RESOURCES INTERNATIONAL, INC. This is the time and place set for a public hearing for consideration of a 20,000 square foot food manufac- turing facility for the purpose of spray drying food pro- ducts by Food Resources International, Inc., located in the State College Industrial Park. (R-7) Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, to continue the hearing until October 7, 1985, at 11: 00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RAMADA HOTEL AND CONVENTION CENTER - RETENTION OF BANKRUPTCY COUNSEL In a memorandum dated September 17, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, requested that bankruptcy counsel be retained to assist the City and the Redevelopment Agency in getting the Hotel and Convention Center released from Bankruptcy Chapter 11 Reorganization proceedings filed by English Enterprises, Inc., as recommended by the Redevelopment Committee on September 12, 1985. (R-9a) . Allen R. Briggs, Agency Counsel, estimated the cost of hiring special bankruptcy counsel to assist in this matter to be less than $3,000. Council Member Marks made a motion, seconded by Council Member Quiel, that the City Attorney be authorized to retain special bankruptcy counsel, with costs thereof to be paid by the Redevelopment Agency, and a contract for such services to be prepared and presented for review and approval by the Commission. The motion carried by the following vote: Council Members Estrada, Reilly, Hernandez, Marks, Strickler. Noes: Council Member Frazier. Absent: Ayes: Quiel, None. . FUNDING FOR ALLEVIATION OF TRAFFIC CONGESTION - PARK CENTRE AREA In a memorandum dated September 17,1985, Roger Hardgrave, Director of Public Works/City Engineer, sug- gested a possible solution for alleviating the traffic congestion problems created, in part, by the proximity of the Hospitality Lane intersection with Waterman Avenue to the freeway off-ramp and allocation of funds for this project. (R-10) Glenda Saul, Executive Director of the Redevelopment Agency, answered questions concerning the traffic con- gestion in the Park Centre project area. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the report on additional funding required to alleviate traffic congestion problems in the Park Centre Area be accepted and filed, and that the matter be referred to the Redevel- opment Agency ad hoc Committee for further study and a report back to the Council. . RES. NO. 85-384 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO AND INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE, INC. (R-12) The City Clerk read the title of the resolution. 18 9/23/85 Council Member Hernandez made a motion, seconded by Council member Frazier and unanimously carried, that further reading of the resolution be waived. . Glenda Saul, Executive Director of the Redevelopment Agency, answered questions concerning a lead agency in the agreement. Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that said resolution be adopted. Resolution No. 85-384 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, to direct staff to come back with a report later in the meeting as to why the City is not the lead agency, and describing the geographical area that this study will cover. . NEW CENTRAL LIBRARY - MAVERIC CONSTRUCTION APPROVAL AND ACCEPTANCE OF CONCRETE WORK In a memorandum dated September 18, 1985, City Engineer Roger Hardgrave stated that final payment for concrete work performed by Maveric Construction for the New Central Library should be approved and accepted, less a back charge of $3,671.57. (RS-l) Council Member Quiel made a motion, seconded by Council Member Strickler, that payment be approved, with- holding $3,671.57, that the matter be referred to the Library ad hoc Committee, and that the balance to go for- ward. The motion fai led by the following vote: Ayes: Council Members Reilly, Quiel, Strickler. Noes: Council Members Estrada, Hernandez, Marks, Frazier. Absent: None. . Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to approve and accept the work performed by the contractor, in accordance with Specification No. 6457, and that final payment be authorized less the back charge of $3,671.57. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to direct the City Administrator to look into the problem of pay- ments either through change orders or other methods of payment beyond contract awards to low bidders, and to make recommendations to the Council appropriately. NEW CENTRAL LIBRARY - BERRY CONSTRUCTION APPROVAL CHANGE ORDER NO. SIX In a memorandum dated September 18, 1985, Roger Hardgrave, City Engineer, provided details concerning Change Order No. 6 to Contract No. 10467, Berry Construction Co., to remove a portion of the concrete deck for the three outside terraces in order to achieve proper drainage, and installation of a fiberglass waterproofing membrane for the New Central Library. (RS-2) . 19 9/23/85 . council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that Change Order No. Six to the contract with Berry Construction, Inc., for construction of interior for the New Central Library in accordance with plan No. 6467, be approved; to authorize the contractor to remove a portion of the three concrete decks (incorrectly installed by the concrete contractor), and install a fiberglass membrane, at a net increase in the contract price of $6,071.57 from $1,596,582.07 to $1,602,653.64. NEW CENTRAL LIBRARY - DORST AND DRYDEN GLASS CONTRACTORS - APPROVAL AND ACCEPTANCE OF WORK In a memorandum dated September 12,1985, Roger Hardgrave, City Engineer, stated that all work included in Bid Package No.7, glazing for the New Central Library, has been completed as of September 12, 1985, by Dorst and Dryden Glass Contractors. (RS-3) . Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the work performed by the contractor, in accordance with Specification No. 6461, be approved and accepted; and that final payment be authorized at the expiration of the lien peri od. RES. 85-385 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT FOR INVESTMENT BANKING SERVICES (HOUSING) WITH MILLER AND SCHROEDER MUNICIPALS, INC. (RS-5) 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. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions regarding the allocation of a Single Family Mortgage Revenue Bond and the required use of the allocation, stating that the bond must be closed by December 31, 1985. . Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 85-385 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. MOBILE HOME PARK ASSISTANCE PROGRAM In a memorandum dated September 19, 1985, Glenda Saul, Executive Director, Redevelopment Agency, summarized potential alternatives for developing a mobile home park assistance program. She recommended that the item be referred to the Redevelopment Committee for further study and that the Agency Counsel explore all legal ramifi- cations pertaining to the use of tax increment revenue in a mobile home park assistance program. (RS-6) . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, to refer the Mobile Home Park Assistance Program matter to the Redevelopment Committee. 20 9/23/85 . council Member Hernandez made a motion, seconded by Council Member Frazier, to direct the legal staff to pre- pare an opinion on the use of money for rental subsid- ization of mobile home parks for emergency purposes. The motion carried by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Frazier, Strickler. Noes: Council Members Reilly, Quiel. Absent: None. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to direct staff to prepare a legal opinion as to the 20% set aside for rent subsidization throughout the community. RECESS MEETING At 11 :47 a.m., Council Member Hernandez made a motion, seconded by Council Member Strickler and unani- mously carried, that the Adjourned Regular Meeting of the Mayor and Common Council be recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. - RECONVENE MEETING At 2:12 p.m., the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Hernandez, Frazier, Strickler; City Clerk Clark, City Administrator Matzer. Absent: Council Members Reilly, Marks, Quiel. . APPEAL HEARING - PLANNING COMMISSION'S DECISION - DENIAL OF CONDITIONAL USE PERMIT NO. 85-17 - MARK SEMINARO - MINI-SPACE STORAGE FACILITY IN C-3A LIMITED GENERAL COMMERCIAL ZONE - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consid- eration of an appeal by Mark Seminaro on the Planning Commission's decision of denial of Conditional Use Permit No. 85-17 for a mini-space storage facility in a C-3A Limited General Commercial Zone. This project is located on the south side of Highland Avenue approximately 235 feet east of Valaria Drive. (9) Planning Director Schuma answered questions regarding the Planning Commission's Findings of Fact. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, to reverse the Planning Commission's decision of denial for Conditional Use Permit No. 85-17 based on Findings of Fact subject to the Standard Requirements of Approval and to the conditions submitted by the Planning Director. COUNCIL MEMBERS REILLY AND MARKS ARRIVE At 2:14 p.m., Council Members Reilly and Marks arrived at the Council Meeting and took their places at the Council Table. . APPOINTMENTS - DEBORAH ANN HIMLER, COMMUNITY TELEVISION COMMISSION - FRANK LINDGREN, FINE ARTS COMMISSION In a memorandum dated September 20, 1985, Council Member Hernandez requested Deborah Ann Himler, be consid- ered for appointment to the Community Television Commis- sion. 21 9/23/85 In a memorandum dated September 20, 1985, Mayor Evlyn wilcox recommended the appointment of Frank Lindgren to the Fine Arts Commission. . council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, to approve the appointments of Deborah Ann Himler, 494 S. Macy Street, Space 27, San Bernardino, California 92410, to the Community Television Commission, representing the Third Ward, and Frank Lindgren, 5696 Mountain View Avenue, San Bernardino, California 92407, to the Fine Arts Commission, as the Mayor's appointee. CITY ATTORNEY PRINCE ARRIVED At 2:15 p.m., City Attorney Prince arrived at the Council Meeting. COUNCIL MEMBER QUIEL ARRIVED At 2:17 p.m., Council Member Quiel arrived at the Council Meeting and took his place at the Council Table. . CONVENTION CENTER - REQUEST FOR USE - SAN BERNARDINO COUNTY BAR ASSOCIATION - OCTOBER 24 - 25, 1985 This is the time and place continued to for consid- eration of a request made by the San Bernardino County Bar Association for a temporary Certificate of Occupancy for use of the San Bernardino Convention Center on October 24 and 25, 1985, for a Tech Expo. (See Page 14) (S-5) Attorney Roy Nierman was present to answer questions concerning the San Bernardino County Bar Association's request for a temporary Certificate of Occupancy for the Tech Expo for which use of the Convention Center is requested. Attorney Bill Simon, who specializes in bankruptcy proceedings, was also present to answer questions regarding the effect the bankruptcy court will have on the City in its dealings with Mr. Herman English, English Enterprises, Inc. . City Attorney Prince answered questions concerning insurance liabilities and the City's right to pursue a possible breach of contract between the City of San Bernardino and Mr. Herman English. Redevelopment Agency Counsel Briggs answered ques- tions regarding the hiring of special bankruptcy counsel by the City. Jack Rosebraugh, Superintendent of Building and Safety, answered questions regarding requirements for the issuance of a temporary Certificate of Occupancy for use of the Convention Center. Susan Holliday, attorney for Mr. Herman English, answered questions concerning the position of her client regarding the use of the Convention Center. . Council Member Marks made a motion, seconded by Council Member Estrada, to authorize use of the Convention Center by the San Bernardino County Bar Association on October 24 and 25, 1985, subject to the following pro- visions: that the City Attorney certify that such use would not be detrimental to the legal position of the City in terms of the City's legal action against Mr. English; the City Attorney prepare an agreement providing for max- imum protection of the City, to include all requirements for utilization as determined by the City Attorney; that 22 9/23/85 . said agreement and use of the premises on the specified dates would be approved by the bankruptcy court, if needed; all costs as outlined in said agreement be borne by Mr. English or the County Bar Association as circum- stances warrant; and that a temporary Certificate of Occupancy be issued upon approval by the City Attorney. The motion carried by the following vote: Council Members Estrada, Reilly, Hernandez, Marks. Council Members Quiel, Frazier, Strickler. Absent: Ayes: Noes: None. RECESS MEETING - CLOSED SESSION At 3:28 p.m., the Council recessed for a Closed Session under the authority of Government Code Sections 54956.b, regarding closed sessions; 54957.6, regarding labor relation matters; and 54957, regarding personnel matters. . ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Administrator Matzer. Also present: Water Board General Manager Herb Wessel, Water Board Commissioners Chandler and Willis and Water Board Special Counsel Thomas Woodruff. Absent: City Clerk Clark. WATER BOARD MEMBERS EXCUSED At 4:45 p.m., Water Board General Manager Wessel, Commissioners Chandler, and Willis, and Special Counsel Woodruff left the Closed Session of the Council Meeting. CITY CLERK CLARK ARRIVED At 4:45 p.m., City Clerk Clark arrived at the Closed Session. CITY ATTORNEY PRINCE EXCUSED At 4:45 p.m., City Attorney Prince left the Closed Session. POLICE CHIEF BENJAMIN GONZALES ARRIVED At 4:50 p.m., Police Chief Ben Gonzales arrived at the Closed Session. . POLICE CHIEF BENJAMIN GONZALES EXCUSED At 5:45 p.m., Police Chief Ben Gonzales left the Closed Session. ADJOURN CLOSED SESSION At 6:50 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Adjourned Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 6:50 p.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino 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 fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney prince, City Clerk Clark, City Administrator Matzer. Absent: None. 23 9/23/85 . CITY LIBRARY ART EXHIBIT ~ FIRST WEEK IN NOVEMBER, 1985 ~ $1,000 EMERGENCY GRANT In a letter dated September 16, 1985, Mr. Stephen Whitney, City Librarian, requested an emergency funding of $1,000 for packaging and shipping for the City Library Art Exh ibi t. Council Member Quiel Council Member Strickler, $1,000 for the City Library made a motion, seconded that the emergency grant Art Exhibit be approved. by of The motion carried by the following vote: Council Members Estrada, Reilly, Marks, Quiel, Strickler. Noes: Council Member Hernandez. None. Ayes: Frazier, Absent: RES. NO. 85-386 - RESOLUTION OF THE CITY OF SAN BERNARD I NO AUTHORI ZING THE MAYOR TO SUBMIT AN APPLICATION TO THE CALIFORNIA CONSERVATION CORPS TO ESTABLISH AND MAINTAIN A NONRESIDENTIAL CCC SATELLITE WITHIN THE CITY OF SAN BERNARDINO, AND COMMENDING THE STATE FOR PROVIDING THE PROGRAM WITH SPECIAL EMPHASIS ON EDUCATION. . The City Clerk read the title of the resolution. Council Member Quiel made a motion, Council Member Hernandez and unanimously further reading of the resolution be waived. seconded by carried, that Discussion was held concerning the maintenance of a nonresidential CCC satellite. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that Resolution No. 85-386 be adopted. Resolution No. 85-386 was adopted vote: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: None. by the following Hernandez, Marks, Absent: None. . WAYS AND MEANS COMMITTEE MINUTES - SEPTEMBER 19 and 20, 1985 - COUNCIL MEMBER MARKS Council Member Marks, Chairman of the ways and Means Committee, gave an oral report on the meetings held Sep- tember 19 and 20, 1985. The following items were dis- cussed. (S-l) 1. Hospitality Lane Extension The Committee recommended approval of the extension of Hospitality Lane and construction of a bridge over San Timoteo Creek. (See S-2) 2. Fire Station in Southeast Industrial Park The Committee approved the concept of establishing an assessment district for the construction of a new fire station near the Park Centre development. The district would pay construction costs and equipment. The City would pay manpower costs. The land would be donated by the Park Centre development. The Council discussed the assessment district. . Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to approve the concept of forming an assessment district for the new fire station and to direct the staff to proceed accord- ingly and report back to the Council with specifics. (For example: Which properties would be included in the dis- trict.) 24 9/23/85 . 3. Density Bonuses The committee recommended that Assemblyman Gerald Eaves be requested to resubmit his bill, which would exempt the City from density bonus requirements if, in fact, the City has its share of low income housing according to the SCAG report on housing. Council Member Quiel made a motion, seconded by Council Member Marks, that the Ways and Means Committee's recommendation be referred to the Legislative Review Com- mittee to meet with Senator Ayala and Assemblymen Eaves and Leonard. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: Council Member Hernandez. 4. The for Mini-Storage Business License Rate Committee determined that the Business mini-storages is adequate. License rate . 5. City's Investment policy The City Treasurer and Administrator will be meeting to prepare an Investment policy for adoption by the Mayor and Common Council. The policy will be in line with State law requirements. The Committee also discussed the total pool of funds available for investment and recommended that the City Administrator work with the Redevelopment Agency on the investment of their funds. 6. The nificant The City Procurement Practices Chairman stated that staff had made some sig- moves toward trying to reach minority businesses. Administrator will be reporting back. 7. The judges, Justice coming. Neighborhood Justice Program Chairman reported that all parties, including the are anxious to move forward with the Neighborhood Program, and that more information will be forth- . 8. Social Service and Promotional Budgets Annie Ramos, Director of Parks and Recreation, will be soliciting funding proposals for social service and promotional programs. 9. Enterprise Zones On September 20, 1985, the Committee met with the Redevelopment Agency to discuss the Enterprise Zone. The consultant on the Enterprise Zone recommended that the City put many of the Enterprise Zone incentives into place immediately to enhance the City of San Bernardino's chances on the grant. Counc i 1 Membe r Ma rks made a mot i on, seconded by Council Estrada and unanimously carried, that City staff be directed to advertise for a public hearing on October 7, 1985, at 2:00 p.m., in the Council Chambers for the purpose of considering whether or not the City should implement its own Enterprise Zone prior to the State reviewing and taking action on the City's application. . 25 9/23/85 . RES. NO. 85~387 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 12758 LOCATED AT THE EAST SIDE OF CENTRAL AVENUE AND APPROXI~ MATELY 305 FEET SOUTH OF THE CENTER LINE OF HIGHLAND AVENUE, ACCEPTING THE PUBLIC DEDI- CATIONS AS SET FORTH ON SAID MAP. (S-4 ) Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived and that said resolution be adopted. Resolution 85-387 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ECONOMIC DEVELOPMENT COMMITTEE LOAN TO THE WIFE OF A CITY EMPLOYEE Council Member Hernandez spoke regarding an Economic Development Committee loan made to the wife of a City employee. . Council Member Hernandez made a motion, seconded by Council Member Estrada and unanimously carried, that the City Attorney render a legal opinion on whether a City employee can be the recipient of a loan by the City. ADJOURNMENT At 6:35 p.m., Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that the meeting be adjourned to 9:00 a.m., Monday, September 30, 1985, in the Redevelopment Agency Boardroom of City Hall, 300 North "D" Street, San Bernardino, California. ~tit://7tZ/d,2Jb / City Clerk AJ~ f~ Deputy City Clerk . . L 26 9/23/85 .