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HomeMy WebLinkAbout05-18-1987 Minutes City of San Bernardino, California May 18, 1987 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:12 a.m., on Monday, May 18, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Pastor John Nichols, New Life Fellowship Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Quiel. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler; City Attorney Prince, City Administrator Schweitzer, City Clerk Clark. Absent: None. Also present: City Attorney Elect Penman. PUBLIC COMMENTS - JOANN WYMAN, EXECUTIVE DIRECTOR - HIGHLAND DISTRICT COUNCIL ON AGING Joann Wyman, Executive Director of the Highland Dis- trict Council on Aging, expressed her concern that the group she represents did not receive a grant from the recent allocation of CDBG Funds. She stated that she had submitted an application for such funds nine days prior to the deadline for submittal, but somehow the application did not reach the appropriate desk in time. (A) Ms. wyman stated that lack of CDBG Funds could put the Highland District Council on Aging's Program in ser- ious jeopardy, and explained the many important services to the elderly that are provided by this Agency. Jim Hill, Pastor of the First United Methodist Church of Highland, and a member of the Board of Directors at the Highland Senior Center, affirmed the value of the services provided by the Highland District Council on Aging and expressed knowledge of the submittal of the application for CDBG Funds by Ms. Wyman. Carolyn Harris, representing Linda Black, Executive Director of the Visiting Nurse Association of the Inland Counties, referred to a letter dated May 15, 1987, from Linda Black, in which she spoke of the many important services provided to the elderly in the Highland - Del Rosa area. She requested that the City reconsider its proposed CDBG funding allocation to consider the request for funding by the Highland District Council on Aging. Ken Henderson, Director, Community Services Depart- ment, answered questions, and explained that notices had been placed in The Sun and other local newspapers giving the details and proper address to which applications for CDBG Funds should be sent. The application from the High- land District Council on Aging had been addressed to the Redevelopment Agency in error, rather than to the Commun- ity Development Department, which caused a delay in re- ceiving the application by the proper person. Mr. Henderson stated the Highland District Council on Aging is an excellent program, but could not be considered when other programs were being funded, due to the fact the application had not been received. He explained that the Community Development Citizens Advisory Committee must review proposals for funding prior to consideration by the Mayor and Council, and suggested that if the Mayor and Council wish to consider funding the Highland District Council on Aging, that at the workshop scheduled later today, it be referred to the Committee for a recommenda- tion. INTRODUCTIONS - CITY ATTORNEY ELECT PENMAN - COUNCIL MEMBERS ELECT MILLER AND POPE-LUDLAM Mayor Wilcox introduced City Attorney Elect Penman and Council Members Elect Miller and Pope-Ludlam. REAPPOINTMENTS - FOURTH WARD Pursuant to a request by Council Member Maudsley, Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the follow- ing reappointments of Commissioners representing the Fourth Ward be confirmed: (5-1) Animal Advisory Commission, Richard A. Granowitz, 3695 E. 29th Street, Highland, CA 92346; Board of Building Commissioners, John R. Hunt, 3147 Belvedere, Highland, CA 92346; Franchise Tax Bureau, Robert I. Vines, 189 Palmyra Dr., San Bernardino, CA 92402; Cemetery Commmission, Norman Rabenstock, 3905 San Gabriel St., San Bernardino, CA 92404; Central City Parking Place Commission, Raymond Fox, 4092 Ferndale Ave., San Bernardino, CA 92404; Commission for Disabled Persons, Robert J. Neves, 3771 N. Aspen Dr., San Bernardino, CA 92404; Commun i ty Development C i ti zen Adv isory Commission, Mar i 0 Porras, 3716 Osbun Rd., San Bernardino, CA 92404; Community Television Commission, Stephani L. Congdon, 3678 Hemlock Dr., San Bernardino, CA 92404; Parks, Recreation & Community Services Commission, Rhoda Fox, 4092 Ferndale Ave., San Bernardino, CA 92404; Senior Affairs Commission, Pearl (Penny) L. Holcomb, 3702 Hemlock, San Bernardino, CA 92404. Council Member Maudsley distributed certificates to Commissioners Mario Porras, Stephani Congdon and Robert Neves, who were in the audience. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. REAPPOINTMENTS - THIRD WARD Pursuant to a request by Council Member Flores, Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the following reappointments be confirmed: (5-1) Animal Advisory Commission, Howard J. Roth, 2742 Jefferson Ave., Rialto, CA 92376; 2 5/18/87 Bureau of Franchises, Lloyd B. Howard, 222 S. Rancho, Sp. 67, San Bernardino, CA 92410; Police Commission, Lloyd B. Howard, 222 S. Rancho, Sp. 67, San Bernardino, CA 92410; Community Development Citizen Advisory Committee, willie Brue, 1063 S. Lincoln, San Bernardino, CA 92408; Central City Parking Place Commission, Dorene Dominguez, 11815 Honey Hills, Colton, CA 92324; Commission for Disabled Persons, David Gutierrez, 1585 N. Lugo, Apt. 3, San Bernardino, CA 92404. GAMES OF AMUSEMENT PERMIT - FLAKEY JAKE'S 204 E. HOSPITALITY LANE - CALVIN BARRETT, 4843 JACKSON #D, RIVERSIDE Pursuant to a memorandum dated May 5, 1987, from Police Chief Donald Burnett, Council Member Frazier made a motion, seconded by Council Member Flores and unanimously carried, that the application for a games of amusement permit submitted by Calvin Barrett, 4843 Jackson #D, Riverside, to install two video game machines at Flakey Jakes' Restaurant, 204 E. Hospitality Lane, be approved. (2 ) REQUEST TO ADDRESS MAYOR AND COUNCIL - MANAGERS OF SOFTBALL TEAMS, FAST PITCH LEAGUE - HIGH FEES In a letter dated May 4, 1987, Frank Hernandez, Chris Laguna, Jim Morales, John Placencia, Lupe Pedroza, Choney Carlos and Gil Marquez, managers of the soft ball teams of the San Bernardino Fast pitch Leagues, requested permis- sion to appear before the City Council to address the matter of high fees charged to play soft ball in San Ber- nardino. (4) Council Member Frazier made a motion, seconded by Council Member Flores and unanimously carried, that the request of managers representing the fast pitch softball league to discuss the "high fees of the league to play softball in San Bernardino" be referred to the Ways and Means Committee for review and report to the Mayor and Council. SIXTH WARD PARK EXTENSION FUNDS - CONSTRUCTION OF CONCRETE MONUMENT SIGN FOR ANNE E. SHIRRELLS PARK In a memorandum dated May 7, 1987, Annie F. Ramos, Director, Parks, Recreation & Community Services, ex- plained that the newly renamed Anne E. Shirrells Park does not have any identifying signs, and that the acquisition of a monument sign is consistent with signage for City Parks. (5) Annie Ramos, Director, Parks, Recreation & Community Services, answered questions. Council Member Frazier made a motion, seconded by Council Member Flores and unanimously carried, that $4,000 from Sixth Ward Park Extension Funds be approved for the construction of a monument sign for Anne E. Shirrells Park. OUT OF STATE TRAVEL - EUGENE M. LIGHT - DIRECTOR OF RISK MANAGEMENT - SEATTLE, WASHINGTON - PUBLIC RISK & INSURANCE MANAGEMENT ASSOCIATION CONFERENCE - MAY 17 - 20, 1987 In a memorandum dated May 7, 1987, Eugene M. Light, Director of Risk Management, explained that the Public Risk & Insurance Management Association (PRIMA) is a na- 3 5/18/87 tionwide organization of public sector risk management practitioners. He stated that his primary purpose in attending the conference is to gain a national perspective on contemporary issues relating to risk management, which would enhance his ability to renovate the City of San Bernardino's Risk Management Program to a high level of sophistication. (6) Council Member Frazier made a motion, seconded by Council Member Flores and unanimously carried, that atten- dance by Eugene M. Light, Director of Risk Management, at the Public Risk & Insurance Management Association Con- ference to be held in Seattle, Washington, May 17 - May 20, 1987, be approved. (This matter was reconsidered later in the meeting. See page 10) CLAIMS AND PAYROLL Council Member Frazier made a motion, seconded by Council Member Flores and unanimously carried, to approve demands against the City and authorize the issuance of warrants as follows: (7) 1. Approve the register of demands dated: April 29, 1987 May 7, 1987 86/87 86/87 #35 #36 $ 1,252,851.98 273,334.15 2. Approve the total gross payroll for the period April 13,1987, through April 26,1987, in the amount of $1,304,037.80. COUNCIL MINUTES - APRIL 30, 1987 Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the minutes of the meeting of the Mayor and Common Council held on April 30,1987, be continued to June 1,1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (1) FOURTH WARD PARK EXTENSION FUNDS - GOLDEN VALLEY JR. HIGH SCHOOL BALLFIELD - CONSTRUCTION OF PROTECTIVE SCREEN In a memorandum dated April 28, 1987, Annie Ramos, Director, Parks, Recreation & Community Services, ex- plained that the ballfield at Golden Valley Jr. High School receives heavy after-school and weekend use by youth baseball organizations, and casual softball games. An adjacent condominium complex has received damage due to these activities. It was requested that a 20' x 85' pro- tective screen 10' above the ground be erected to elimin- ate the problem of foul balls flying into residences and thus reduce the liability of the City. (3) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the request for Fourth Ward Park Extension Funds for construc- tion of a protective screen at Golden Valley Jr. High School be continued to June 1, 1987, in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. PERSONNEL ACTIONS Council Member Quiel made a motion, seconded by Council Member Maudsley and unanimously carried, that the Personnel Actions be continued to the afternoon session in 4 5/18/87 the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (See page 33) (8) APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' DECISION - DEMOLISH AN EXISTING APARTMENT COMPLEX - 1721 N. CONEJO DR. - LOUIS ARIAS ON BEHALF OF L.Y.W. INVESTMENT COMPANY This is the time and place set to consider an appeal filed by Louis Arias on behalf of L. Y.W. Investment Com- pany on the Board of Building Commissioners' decision to demolish an existing apartment complex located at 1721 N. Conejo Drive. (41) In a letter dated February 11, 1987, Louis Arias, Director of Architecture and Construction, vanir Develop- ment Company, Inc., on behalf of L. Y. W. Investment Com- pany, requested that the Council reconsider the decision of the Board of Building Commissioners' decision of Feb- ruary 6, 1987, to move or demolish the building in ques- tion within 30 days, and to allow the new owner a time extension to study the alternatives. City Attorney Elect Jim Penman recommended that this matter be referred back to the Environmental Review Com- mittee along with the matter of the vacation of 17th Street, a related item (No. 42), as the street vacation is a Public Works Project and the appropriate CEQA recitals have not been made. Mr. Penman also stated this matter is subject to the Consistency Doctrine, which relates to consistency with the General Plan, and certain provisions in the Streets and Highway Code. He also stated that there must be a noticed hearing stating that the street is no longer necessary for public purposes. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions, stating it was his understanding that this item had been referred to the Planning Depart- ment and Commission and after review, it was found not to be consistent with the General Plan. Council Member Flores made a motion, seconded by Council Member Quiel and unanimously carried, that the appeal hearing be continued to 2:00 p.m., this afternoon, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (See page 11) READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the resolu- tions on the Council Agenda. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of all the resolutions on the Council Agenda be waived. RES. 87-154 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONSENTING TO THE INCLUSION OF THE TERRITORY OF THE CITY OF SAN BERNARDINO IN THE TERRITORY OF THE SAN BERNARDINO COUNTY VECTOR CONTROL PROGRAM ESTABLISHED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 25842.5. (10) Council Member Quiel made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 87-154 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler. Noes: None. Ab- sent: None. 5 5/18/87 RES. 87-155 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH STANDARD INSURANCE COMPANY RELATING TO IMPLEMENTATION OF A LONG TERM DISABILITY PROGRAM FOR MANAGEMENT AND CON- FIDENTIAL EMPLOYEES. (12) Council Member Quiel made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 87-155 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler. Noes: None. Ab- sent: None. RES. 87-156 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION . . . CREAT- ING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; ESTABLISHING AN ADDITIONAL POSITION OF EXECUTIVE SECRETARY IN THE CITY ATTORNEY'S OFFICE. (13) Council Member Quiel made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 87-156 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler. Noes: None. Ab- sent: None. COUNCIL MEMBERS QUIEL, FRAZIER EXCUSED Council Members Quiel, Frazier left the Council Meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL RELATING TO THE ASSIGNMENT AND TRANSFER TO CITY OF CERTAIN LOANS, ETC., RELATING TO THE REVOLVING LOAN FUND AND ASSUMPTION OF CERTAIN LIABILITIES. (9) The Mayor and Council discussed the transfer of loans that are currently being restructured, from the Economic Development Council (EDC) to the City, and whether or not there is anything official from the EDC stating to the Mayor and Council they are now prepared to complete the transaction. Ken Henderson, Director, Community Development De- partment, answered questions regarding the restructuring of the La Esperanza Loan. He recommended that if there were a problem during the negotiations of the restructured agreement, the Mayor and Council could take action approv- ing the contract today and remove La Esparanza from this action until such time as the EDC and La Esperanza com- plete their negotiations. At that time, the agreement could be transferred to the City. Ken Henderson, Director, Community Development De- partment, agreed to provide a summary to the Mayor and Council at the meeting of June 1, 1987, regarding loans, indicating the amount of money loaned, the status of the loans, purpose of the funds, and other pertinent informa- tion. 6 5/18/87 Ken Henderson, Director, Community Development De- partment, answered questions regarding the Contract Be- tween the City of San Bernardino and the San Bernardino Economic Development Council, and agreed to meet with Mr. Henley, Director, Economic Development Council, and their attorney to determine what language could be used. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be continued to the afternoon session. (See page 28) COUNCIL MEMBERS QUIEL, FRAZIER RETURNED Council Members Quiel, Frazier returned to the Council Meeting and took their places at the Council Table. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING STANDARD REQUIREMENT NO. 11 RELAT- ING TO UNDERGROUNDING UTILITY LINES. (11) City Administrator Schweitzer answered questions regarding the resolution. A discussion ensued regarding whether or not the resolution was ready to be adopted at this time. Council Member Quiel made a motion, Council Member Strickler, that said resolution by interdelineation, by adding to line 10, following: "Such funds shall accrue interest nual investment portfolio rate as accomplished Treasurer's Office." and adopted as amended. seconded by be amended page 2 the at the an- by the City Council Member Quiel withdrew his motion, requesting that action on this resolution be considered after all the other resolutions were acted upon. (See page 10) RESOLUTION OF THE CITY OF SAN BERNARDINO FIXING AND DETERMINING THE FEES AND CHARGES TO BE CHARGED FOR THE COLLECTION AND DIS- POSAL OF REFUSE, AND REPEALING RESOLUTION NO. 83-245 AND AMENDMENTS THERETO. (16) Council Member Quiel made a motion, seconded by Council Member Maudsley and unanimously carried, that the proposed resolution and schedule of proposed rate in- creases submitted by the Director of Public Services, be referred to the Ways and Means Committee for study and that the matter be set for public hearing and adoption. RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATE- MENT. (17) Council Member Quiel made a motion, seconded by Council Member Flores and unanimously carried, that the proposed resolution and question of removing liens for weed abatement charges from properties no longer owned by the individual to whom the notice to clean was originally mailed, be referred to the City Attorney and Legislative Review Committee for study and recommended action. 7 5/18/87 RES. 87-157 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION . . . ESTAB- LISHING A BASIC COMPENSATION PLAN. ."; BY CHANGING THE SALARY RANGE OF ADMINISTRA- TIVE OPERATIONS SUPERVISOR (CITY ATTORNEY) FROM RANGE 3112 ($1946-2372) TO RANGE 3111 ($1922-2342) EFFECTIVE JUNE 1, 1987, AND CHANGING THE TITLE OF ACCOUNTANT II TO SENIOR ACCOUNTANT. (14) Council Member Quiel made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 87-157 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler. Noes: None. Ab- sent: None. RES. 87-158 - RESOLUTION OF THE CITY OF SAN BERNARDINO URGING SUPPORT OF ASSEMBLY BILL 36, RELATING TO MANDATORY HELMETS FOR MO- TORCYCLISTS. (15) Council Member Quiel made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 87-158 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler. Noes: None. Ab- sent: None. RES. 87-159 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO CREST CHEVRO- LET FOR THE FURNISHING AND DELIVERY OF TWO NEW 3/4 TON PICK-UP TRUCKS, CHASSIS ONLY, IN ACCORDANCE WITH BID SPECIFICATION F-87-28. (19) Council Member Quiel made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 87-159 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler. Noes: None. Ab- sent: None. RES. 87-160 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO C. L. PHARRIS FOR THE FURNISHING AND DELIVERY OF MIXED IN TRANSIT CONCRETE IN ACCORDANCE WITH SPECIFICATION F-87-29. (20) Council Member Quiel made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 87-160 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler. Noes: None. Ab- sent: None. RES. 87-161 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO OWL ROCK PRODUCTS FOR THE FURNISHING AND DELIVERY OF GENERAL AGGREGATE IN ACCORDANCE WITH SPECI- FICATION F-87-30. (21) Council Member Quiel made a motion, seconded by Council Member Frazier, that said resolution be adopted. 8 5/18/87 Resolution No. 87-161 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler. Noes: None. Ab- sent: None. RES. 87-162 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO KEYSTONE- WILCOCK BATTERY CO. FOR THE FURNISHING AND DELIVERY OF AUTOMOTIVE BATTERIES OF VARIOUS SIZES TO BE UTILIZED BY THE CENTRAL GARAGE DEPARTMENT ON AN AS NEEDED BASIS FOR A ONE-YEAR PERIOD IN ACCORDANCE WITH BID SPECIFICATION NO. F-87-33. (23) Council Member Quiel made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 87-162 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Str ickler. Noes: None. Ab- sent: None. RES. 87-163 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO COMMERCIAL SECURITY ALLIANCE FOR THE FURNISHING AND DELIVERY OF SECURITY SERVICE TO BE UTILIZED BY THE CENTRAL LIBRARY IN ACCORDANCE WITH BID SPECIFICATION NO. F-87-31. (22) City Administrator Schweitzer answered questions regarding the low bid received in the amount of $21,062.16 as declared on April 17, 1987, as opposed to the amount of $32,000.000 as budgeted in the 1987-88 budget. Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted, with the understanding that the line item in the 1987-88 budget will be reduced to the exact amount of the bid ($21,062.16) . The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Estrada. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO REDLANDS PAVING, INC. FOR RENOVATION OF CENTRAL CITY BUS STOPS. (18) The Mayor and Council expressed concern over the discrepancy in the estimate for this project of $84,300 and the total estimated project cost, based upon the actual second low bid price of $133,700. The Mayor and Council also discussed the matter of generally low estimates and suggested that more realistic estimates be submitted. Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be continued to June 1, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. RES. 87-164 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO GRAND CHEVRO- LET FOR THE FURNISHING AND DELIVERY OF TWO - FOUR WHEEL DRIVE VEHICLES TO BE UTILIZED BY THE EMERGENCY SERVICES DEPARTMENT IN ACCORDANCE WITH SPECIFICATION NO. F-87-34. (24) 9 5/18/87 Council Member Quiel made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 87-164 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler. Noes: None. Ab- sent: None. RES. 87-165 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO THE PAYNE- WHITNEY CO. FOR THE FURNISHING AND DELIVERY OF STREET RESURFACING TO BE UTILIZED BY THE PUBLIC SERVICES/STREET DEPARTMENT IN ACCOR- DANCE WITH SPECIFICATION NO. F-87-35. (25) Council Member Quiel made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 87-165 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler. Noes: None. Ab- sent: None. RES. 87-166 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO ARPICO STEEL CO. FOR THE FURNISHING AND DELIVERY OF 200 EACH - 3 CUBIC YARD COMMERCIAL REFUSE BINS TO BE UTILIZED BY THE PUBLIC SERVICES/ REFUSE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-87-36. (26) Council Member Quiel made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 87-166 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler. Noes: None. Ab- sent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING STANDARD REQUIREMENT NO. 11 RELAT- ING TO UNDERGROUNDING UTILITY LINES. (11) (Continued from earlier in the meeting. See page 7) City Attorney Elect Penman stated that this resolu- tion should be continued, as there has to be a ten day period following publication, and that period has not yet run. Council Member Quiel made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be continued to June 1, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California, and amended by interdelineation by staff to include on page 2, line 10, the following sentence: "Such funds shall accrue interest at the annual investment portfolio rate as accomplished by the City Treasurer's Office." COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. RECONSIDERATION - OUT OF STATE TRAVEL - EUGENE M. LIGHT - DIRECTOR OF RISK MANAGEMENT - SEATTLE, WASHINGTON - PUBLIC RISK & INSURANCE MANAGEMENT ASSOCIAT ION CONFERENCE - MAY 17 - 20, (See Page 3) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, to recon- sider the item regarding out of state travel for Eugene M. 10 5/18/87 Light, Director of Risk Management, to attend a Public Risk & Insurance Management Association Conference in Seattle, Washington, May 17 to May 20, 1987. (6) City Administrator Schweitzer answered questions concerning the fact that Mr. Light is already in atten- dance at the PRIMA Conference without the trip having been approved by Council. He explained that the trip was pre- viously approved in the budget and that Mr. Light, being new in this position, was not aware that approval by Council was necessary. Council Member Maudsley made a motion, seconded by Council Member Quiel and unanimously carried, that atten- dance by Eugene M. Light, Director of Risk Management, at the Public Risk & Insurance Management Association Confer- ence to be held in Seattle, Washington, May 17 through May 20, 1987, be approved. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' DECISION - DEMOLISH EXISTING APARTMENT COMPLEX - 1721 NORTH CONEJO DRIVE - LOUIS ARIAS ON BEHALF OF L.Y.W. INVESTMENT COMPANY - CONTINUED FROM EARLIER IN THE MEETING - (See page 5) This is the time and place continued to for consider- ation of an appeal filed by Louis Arias on behalf of L.Y.W. Investment Company on the Board of Building Commis- sioners' decision to demolish an existing apartment com- plex at 1721 North Conejo Drive. (This item will be con- sidered in conjunction with the following item regarding street vacation) (41) HEARING - VACATION OF A PORTION OF 17TH STREET - EAST OF CONEJO DRIVE In a memorandum dated April 24, 1987, Roger Hard- grave, Director of Public Works/City Engineer, explained that on April 20, 1987, Resolution of Intention No. 87-128 was adopted which set a public hearing on May 18, 1987, for the proposed vacation of a portion of 17th Street, east of Conejo Drive. Mr. Hardgrave stated that Public Works Department felt there was no further necessity for that portion of 17th Street, north of Conejo Drive, either for present or prospective street purposes, recommended vacation, and set forth four Findings of Fact on which the recommendation was based. (42) City Attorney Elect Penman stated that this proposed street vacation, as a Public Works Project, is subject to CEQA requirements, and has not had an environmental re- view, as required. In addition, as a Public Works Project, Findings of Fact that this project is consistent with the General Plan must be presented. Mr. Penman stated that this matter must go before the Environmental Review Com- mittee prior to Council action, and explained that certain findings have to be made at a noticed public hearing that the street is no longer necessary for public purposes. Council Member Quiel made a motion, seconded by Council Member Flores and unanimously carried, that the items relating to the demolition of the apartment complex at 1721 N. Conejo Drive, and the vacation of a portion of 17th Street, east of Conejo Drive, be continued to June 1, 1987, and referred to the next available Environmental Review Committee meeting for their consideration. READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of all the ordi- nances on the Council Agenda. 11 5/18/87 Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of all the ordinances on the Council Agenda be waived. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.04.095 OF THE SAN BER- NARDINO MUNICIPAL CODE CONCERNING THE RE- QUIREMENT FOR ROOFING IN HIGH WIND AREAS. (27) (Continued from May 11, 1987) (Final) Council Member Quiel made a motion, seconded by Council Member Flores and unanimously carried, that said ordinance be continued to June 1,1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California, as a first reading, and amended to in- clude language on page 2, line 8 as follows: "Hurricane clips will be provided where available from manufactur- ers.1I ORDINANCE OF THE CITY OF SAN BERNARDINO REENACTING IN CERTAIN DEFINED AREAS AN INTERIM HOLD ON APPROVAL OF GENERAL PLAN AMENDMENTS, RESIDENTIAL ZONE CHANGES AND OTHER RESIDENTIAL ACTIONS DEFINED AS DIS- CRETIONARY, AND DECLARING THE URGENCY THEREOF. (Final) (28) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that said ordinance be considered in Closed Session. (Reconsidered later in the meeting. (See page 29) ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPOR- ATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-17, GENERALLY LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD APPROXIMATELY 155 FEET WEST OF THE CENTERLINE OF RANCHO AVENUE AT ITS NORTHERN TERMINUS), AND ADOP- TING THE NEGATIVE DECLARATION FOR ENVIRON- MENTAL REVIEW. (Final) (29) Council Member Quiel made a motion, seconded by Council Member Reilly, that said ordinance be adopted. City Attorney Prince recommended that said ordinance be considered in Closed Session. Council Member Estrada made seconded by Council Member Flores, considered in Closed Session. meeting. (See page 29) a substitute motion, that said ordinance be (Reconsidered later in The substitute motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Strickler. Noes: Council Members Flores, Maudsley. Absent: Council Member Frazier. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPOR- ATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-20, GENERALLY LOCATED ON THE SOUTH SIDE OF EVANS STREET APPROXIMATELY 194 FEET EAST OF THE CENTERLINE OF WATERMAN AVENUE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (Final) (30) 12 5/18/87 council Member Quiel made a motion, seconded by Council Member Reilly, that said ordinance be adopted. City Attorney Prince recommended that said ordinance be considered in Closed Session. Council Member Estrada made a substitute motion, seconded by Council Member Flores, that said ordinance be considered in Closed Session. (Reconsidered later in meeting. See page 29) Ayes: Noes: Member The substitute motion carried by the following vote: Council Members Estrada, Reilly, Flores, Strickler. Council Members Maudsley, Quiel. Absent: Council Frazier. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPOR- ATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-25, GENERALLY LOCATED APPROXIMATELY 75 FEET EAST OF THE CENTERLINE OF LUGO AVENUE ON THE NORTH SIDE OF FOURTH STREET), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (Final) (31) Council Member Quiel made a motion, seconded by Council Member Reilly, that said ordinance be adopted. City Attorney Prince recommended that said ordinance be considered in Closed Session. Council Member Estrada made seconded by Council Member Flores, considered in Closed Session. meeting. (See page 29) a substitute motion, that said ordinance be (Reconsidered later in Ayes: Noes: Member The substitute motion carried by the following vote: Council Members Estrada, Reilly, Flores, Strickler. Council Members Maudsley, Quiel. Absent: Council Frazier. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPOR- ATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-27, GENERALLY LOCATED AT THE SOUTH- WEST CORNER OF CAROLINE STREET AND WATERMAN AVENUE) ,AND ADOPTING THE NEGATIVE DECLARA- TION FOR ENVIRONMENTAL REVIEW. (Final) (32) Council Member Quiel made a motion, seconded by Council Member Reilly, that said ordinance be adopted. City Attorney Prince recommended that said ordinance be considered in Closed Session. Council Member Estrada made a substitute motion, seconded by Council Member Flores, that said ordinance be considered in Closed Session. (Reconsidered later in meeting. (See page 30) Ayes: Noes: Member The substitute motion carried by the following vote: Council Members Estrada, Reilly, Flores, Strickler. Council Member Maudsley, Quiel. Absent: Council Frazier. 13 5/18/87 ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPOR- ATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-28, GENERALLY LOCATED ON THE SOUTH SIDE OF SIXTH STREET APPROXIMATELY 380 FEET EAST OF THE CENTERLINE OF "J" STREET), AND ADOPTING THE NEGATIVE DECLARATION FOR EN- VIRONMENTAL REVIEW. (Final) (33) Council Member Quiel made a motion, seconded by Council Member Reilly, that said ordinance be adopted. City Attorney Prince recommended that said ordinance be considered in Closed Session. Council Member Estrada made seconded by Council Member Flores, considered in Closed Session. meeting. See page 30) a substitute motion, that said ordinance be (Reconsidered later in Ayes: Noes: Member The substitute motion carried by the following vote: Council Members Estrada, Reilly, Flores, Strickler. Council Members Maudsley, Quiel. Absent: Council Frazier. Helen Kopczynski, 8150 N. Cable Canyon Drive, San Bernardino, California, questioned whether or not these rezoning ordinances had been before the Planning Commis- sion, in addition to the Development Review Committee. She suggested that if not, they should be reviewed by the Planning Commission. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 19 OF THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE REVIEW OF PLANS WHERE A USED AUTO SALES LOT IS DISCONTINUED FOR MORE THAN NINETY DAYS, AND DEFINING "USED AUTOMOBILE SALE AGENCY" AND "DISCON- TINUANCE OF A USE OF LAPSE." FIRST (34 ) City Attorney Elect Penman stated there might be an inability to distinguish between new and used car lots, that there might be an equal protection issue, and recom- mended the ordinance be continued for more study. Council Member Estrada made a motion, seconded by Council Member Flores, that said ordinance be continued to June I, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Mayor and Council discussed possible changes in language in the ordinance to provide the equal protection requirement. City Attorney Elect Penman suggested the use of the language "used and new automobile lots" instead of "used automobile lots" when appropriate. Council Member Quiel made a substitute motion, seconded by Council Member Strickler and unanimously car- ried, that said ordinance be laid over for final passage and amended by interdelineation, using the term "new and used automobile lots" when appropriate rather than "used automobile lots"; and on page I, line 12, change "resale" to "sale and/or resale". City ordinance business Clerk Clark questioned the provision in the relating to the expiration or termination of a license creating a conclusive presumption of 14 5/18/87 discontinuance. been clarified as ing. She stated that this provision had not recommended at a previous Council Meet- It was suggested that the City Clerk work with the City Attorney in drafting a new ordinance to clarify this matter. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPOR- ATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 87-1, GENERALLY LOCATED ON THE NORTH SIDE OF 44TH STREET, APPROXIMATELY 153 FEET EAST OF SIERRA WAY), AND ADOPTING THE NEGA- TIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (35) (Continued from May 11, 1987) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that said ordinance be considered in Closed Session. (Reconsidered later in meeting. (See page 30) ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPOR- ATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-21, GENERALLY LOCATED ON THE SOUTH SIDE OF 48TH STREET APPROXIMATELY 230 FEET WEST OF THE CENTERLINE OF LEROY STREET), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (36) (Continued from May 11, 1987) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that said ordinance be considered in Closed Session. (Reconsidered la ter in meeti ng. (See page 30) ORD I NANCE OF THE CITY OF SAN BERNARD I NO FIRST REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPOR- ATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-23, GENERALLY LOCATED ON THE NORTH SIDE OF THE PROPOSED EXTENSION OF PIEDMONT DRIVE, APPROXIMATELY 285 FEET EAST OF THE CENTERLINE OF CACTUS CIRCLE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (37) (Continued from May 11, 1987) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that said ordinance be considered in Closed Session. (Reconsidered later in meeting. See page 31) ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPOR- ATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO.86-29, GENERALLY LOCATED ON THE SOUTH SIDE OF KENDALL DRIVE APPROXIMATELY 170 FEET EAST OF THE CENTERLINE OF UNIVERSITY PARKWAY), AND ADOPTING THE NEGATIVE DECLAR- ATION FOR ENVIRONMENTAL REVIEW. (38) (Continued from May 11, 1987) 15 5/18/87 Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that said ordinance be considered in Closed Session. (Reconsidered later in meeting. See page 31) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 18.44.070 AND 18.44.080 OF THE SAN BERNARDINO MUNICIPAL CODE TO PERMIT WAIVER OF THE REQUIREMENT TO UNDER- GROUND EXISTING UTILITY LINES WHEN CERTAIN CRITERIA ARE MET. FIRST (39 ) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that said ordinance be laid over for final passage and amended by interdelineation to include the following: "Such funds shall accrue interest at the annual investment portfolio rate as accomplished by the City Treasurer's Office." ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.06 AND CHAPTER 3.04 OF THE SAN BERNARDINO MUNICIPAL CODE TO RE- QUIRE FORMAL CONTRACT PROCEDURES FOR PUR- CHASES ABOVE THE VALUE OF FIFTEEN THOUSAND DOLLARS; TO AUTHORIZE NEGOTIATED PURCHASES; AND TO INCREASE THE MAXIMUM OPEN MARKET PURCHASES FOR WHICH NO BID IS REQUIRED. FIRST (40 ) Council Member Flores made a motion, seconded by Council Member Quiel and unanimously carried, that said ordinance be laid over for final passage. RECORDS MANAGEMENT PROGRAM - IMPLEMENTATION In a memorandum dated May 1, 1987, Shauna Clark, City Clerk, explained that a recent study concluded that 6,000 square feet of City Hall space is being used for records storage. Ms. Clark suggested that a Records Management Program would create space within City Hall, help depart- ments make decisions about records, reduce records to a more suitable form, index records for faster retrieval, and reduce labor costs. An lmplementation Plan was in- cluded with the memorandum. (43) City Clerk Clark answered questions regarding acces- sibility to records through the proposed program, stating that one option would be to provide additional counter space in the City Clerk's Office for anyone to go through indexed records on a computer. Another option would be that her staff would respond to a request for information by providing said information. Ms. Clark further suggested that rather than going through the City's main frame computer system, which is not practical at this time, that there be a P.C. to pro- vide a listing of records. The actual document would not be on the computer, but only an indexing program. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, to authorize the implementation of a Records Management Program as outlined and authorize the City Clerk to go forward with the understanding that all equipment purchases and other expenditures will be brought back before the Mayor and Council for approval. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. 16 5/18/87 COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. DISCUSSION - PROHIBITING SOLICITATION OF ABSENTEE BALLOTS - SECTION 2.56.001 SUBSECTION A - MUNICIPAL CODE In a memorandum dated May 6, 1987, Shauna Clark, City Clerk, requested that the Mayor and Common Council pro- hibit the solicitation of absentee ballots by third parties, due to the fact that during the last three elec- tions there was evidence that the wholesale solicitation of absentee ballots enhances the potential for election abuse and results in a very inefficient use of tax-payers' dollars. (44) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.56.001 SUBSECTION A OF THE SAN BERNARDINO MUNICIPAL CODE TO ADD PARAGRAPH 2 PROHIBITING ANY CAMPAIGN VOLUN- TEER OR WORKER TO SOLICIT APPLICATIONS FOR ABSENTEE BALLOTS. (F i rst) (44) City Clerk Clark answered questions, stating she is not requesting the adoption of the ordinance as presented, but would like to work with the City Attorney's Office to finalize an updated version pursuant to legal research. Ms. Clark spoke of recurring problems with the absen- tee ballot procedures in the City of San Bernardino. The Mayor and Council discussed concerns regarding the possibility of depriving citizens of their right to vote. City Attorney Elect Penman requested that this matter be continued until June 15, 1987, to provide time for him to meet with City Clerk Clark to work on a proposed ordi- nance in light of recent cases and after determining how much authority charter cities have. City Clerk Clark answered questions regarding her memorandum to Police Chief Burnett, dated May 8, 1987, in which she requested an investigation into the matter of abuse of the absentee ballot process in the Sixth Ward, or anywhere else in the City, in connection with the May 5, 1987, General Municipal Election. Council Member Estrada made a motion, seconded by Council Member Quiel and unanimously carried, that the matter regarding the prohibiting of solicitation of absen- tee ballots be continued to June 15, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernar- dino, California, with language to be reviewed by the City Attorney and City Clerk. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. GENERAL MUNICIPAL ELECTION - MAY 5, 1987 - OFFICIAL CANVASS - RESULTS AND CERTIFICATION OF ELECTION In a memorandum dated May 11, 1987, City Clerk Clark presented a certification of the results of the General Municipal Election of May 5, 1987, and the official can- vass as follows: (45) 17 5/18/87 OFFICIAL CANVASS GENERAL MUNICIPAL ELECTION MAY 5, 1987 TOTAL VOTE CAST IN CITY OF SAN BERNARDINO. 7,769 FIFTH WARD TOTAL VOTE CAST 2,581 Tom Minor. . 1,329 Gordon Quiel 1,227 SIXTH WARD TOTAL VOTE CAST 2,692 Valerie Pope-Ludlam 1,389 Hardy Brown . . . . 1,249 SEVENTH WARD TOTAL VOTE CAST 2,496 Norine Miller. 1,490 Richard Gerwig . 978 Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the results of the General Municipal Election held on the 5th day of May, 1987, as set forth in the Statement of Vote Cast, as certified by the City Clerk, be declared official. COUNCIL PERSONNEL COMMITTEE REPORT - MAY 8, 1987 In a memorandum dated May 12, 1987, City Clerk Clark gave the background of the minutes of the Council Person- nel Committee meeting held on May 8, 1987, at which time the agenda contained one item: Salary for Treasurer. Sub- sequently, the Council Agenda was prepared, based on that Agenda. At the Council meeting of May 11, 1987, the minutes of the Personnel Committee dated May 8, 1987, were received and filed, based on what was listed on Personnel Committee Agenda. However, three other items were re- flected in the minutes which had not appeared on the agenda. Therefore, it was recommended that Council action be rescinded and the minutes be reconsidered. (46) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, to rescind Council action on May 11, 1987, of receiving and filing the Council Personnel Committee Meeting of May 8, 1987. Council Member Reilly, Chairman of the Council Per- sonnel Committee, presented the revised minutes of the Council Personnel Committee meeting held on May 8, 1987. The following items were discussed: 1. ~~~ Discussion - CitL.!reasurer -Read and filed by Council action May 11, 1987. 2. Upgrade of Account Clerk II Position in ~uildi.!!.9. & Safety D~art!!l.en!:. - Item con- tinued. 3. Fire Prevention Division Reorganization - The Committee recommended approval of this item. (See Item 50 on Agenda) 18 5/18/87 4. Discussion - City Attorney Personnel Matters: A) The Committee recommended the Executive Secretary be hired at Step C of Range 3112. (See Item 8, Personnel Actions) B) The Committee recommended the Deputy City Attorney II positions be upgraded to Deputy City Attorney III positions and that the City Attorney Elect be authorized to recruit and fill the positions of Senior Assistant City Attorney and Assistant City Attorney. C) The Comm i ttee recommended approval for an additional Deputy City Attorney III in the City Attorney's office. However, the City Attorney Elect must provide a full analysis of his request to show the dollar savings to be realized from this new posi- tion. The analysis will be provided as part of the backup to be considered by the full Council at the May 18, 1987 Council Meeting. Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that the amended minutes of the Council Personnel Committee meeting of May 8, 1987, be received and filed. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, to approve that the Executive Secretary be hired at Step C of Range 3112, and that appropriate documents be prepared. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, to approve the upgrading of Deputy City Attorney II positions to Deputy City Attorney III positions, and that the City Attorney Elect be authorized to recruit and fill the posi- tions of Senior Assistant City Attorney and Assistant City Attorney, and that appropriate documents be prepared. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, to approve an additional Deputy City Attorney III in the City Attor- ney's office, and that appropriate documents be prepared. Pursuant to direction by the Council Personnel Com- mittee at their meeting of May 8, 1987, a document was presented entitled: Proposed Budget and Organizational Changes for the City Attorney's Office, which provided an analysis of dollar savings to be realized from the estab- lishment of an additional position of City Attorney III. Also submitted were memoranda from Finance Director Knud- son dated January 30, 1987, and October 13, 1986 relating to Legal Costs and Litigation Expense. RES. 87-167 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; ESTABLISHING AN ADDITIONAL POSITION OF DEPUTY CITY ATTORNEY IN THE CITY ATTORNEY'S OFFICE. (S-2 ) City Clerk Clark read the title of the resolution. 19 5/18/87 Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said reso- lution creating an additional position of City Attorney III be adopted. Resolution No. 87-167 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler. Noes: None. Ab- sent: None. LEGISLATIVE REVIEW COMMITTEE REPORT - MAY 14, 1987 Council Member Strickler, Chairman of the Legislative Review Committee, presented the report of the Legislative Review Committee meeting held on May 14, 1987. The fol- lowing items were discussed: (47) 1. Discussion Relative to the Possibility of Public Input at Design Review Committee ~eetin~ - Item continued. The Committee requested the City Administrator provide a recommended policy on ERC and DRC notifica- tion. A threshold on development will be recommended to identify what will be con- sidered by ERC/DRC. This report to come back to the Committee on June 26, 1987. 2. ~~co~da!'y_~cc~~~_!.~_~roEer~ East of Rt. 330 and West of Highland Avenue -Stub- blefield Construction Company - The Commit tee recommended approval of the Caltrans plan in concept and asked the City Adminis- trator to schedule Caltrans for a presenta- tion to the full Council at 2:00 p.m., May 18, 1987. (See Page 28) 3. Commission for Disabled Persons' Re- quest - Level Paths of Travel Across Drive- ways - Item continued. 4. Uniform Environmental Health Code -Item continued. The City Attorney's Office will provide approximately 10 ordinances per- taining to this issue for review by the Committee. 5. Policy and Procedures for Retaining Consultants - The Committee recommended approval-Of-the presented resolution with changes. The City Administrator was tasked with administrative changes that would require pre-screening. If a consultant is not on the list or is to be deleted from the list he/she will be offered the oppor- tunity to speak to the issue. The City Administrator will establish a policy for those who are on the list. 6. Standardization of Collection Procedure for Weed Abatement - The Committee recom- mended approval:-- 7. ~nder~~un~in~Utilities - Rialto and ~eppe~ - The Committee recommended accep- tance of payment by Mr. Robert Bentley of $10,050 for undergrounding. (See Item S-3) Council Member Strickler reported that Council Mem- bers Elect Minor and Miller attended the Legislative Re- view Committee as observers. 20 5/18/87 council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the Minutes of the Legislative Review Committee held May 14, 1987, be received and filed. REQUEST FOR WAIVER FOR UNDERGROUND UTILITIES - NORTHEAST CORNER OF RIALTO & PEPPER - COUNCIL MEMBER FLORES Counci 1 Member Quiel made a motion, seconded by Council Member Flores and unanimously carried, that the developer of the property located at the northeast corner of Rialto and Pepper pay fees of $10,050, which would be considered a fair fee for major undergrounding utilities, and that those funds be deposited with Engineering in a line item account bearing interest at an annual investment portfolio rate as accomplished by the City Treasurer's Office. (S-3) REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Redevelopment Agency was called to order by Chairman Wilcox in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE REDEVELOP- MENT AGENCY OF THE CITY OF SAN BERNARDINO CONCERNING GENERAL PLAN AMENDMENT COSTS AND RELATED MATTERS. (R-7) City Clerk Clark read the title of the resolution. Tim Sabo, Legal Counsel, Redevelopment Agency, an- swered questions regarding Item (5) on the Staff Report, which also relates to language in the agreement on the top of page 4, concerning giving priority to Redevelopment project areas and survey areas, and suggested that the language could be changed to read "shall make recommenda- tions to Redevelopment project areas and survey areas." Glenda Saul, Executive Director of the Redevelopment Agency, answered questions. Tim Sabo, Legal Counsel for the Redevelopment Agency, answered questions regarding citizen participation. City Attorney Elect Penman stated that he had not had an opportunity to review the proposed agreement, nor had anyone in the City Attorney's Office, and recommended that it be continued. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be continued to June 1,1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. RECESS - WORKSHOP TO DISCUSS ALLOCATION OF CDBG FUNDS - MANAGEMENT INFORMATION CENTER (MIC) At 11:50 a.m., Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously car- ried, that the meeting recess to the Management Informa- tion Center (MIC) to a Workshop to discuss the allocation of CDBG funds and consider the program mix and contingency fund levels. (56) 21 5/18/87 WORKSHOP - ALLOCATION OF CDBG FUNDS - PROGRAM MIX AND CONTINGENCY FUND LEVELS The Workshop to discuss allocation of Community De- velopment Block Grant (CDBG) Funds and consideration of the program mix and contingency fund levels was called to order by Mayor Wilcox at 12:15 p.m., in the Management Information Center (MIC). ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler; City Clerk Clark, City Administrator Schweitzer. Absent: City Attorney Prince. Also present: City Attorney Elect Penman. A Legal Opinion dated February 24, 1987, addressed to Council Member Frazier from Assistant City Attorney Sabourin, regarding Conflict of Interest; Council Member Owning Property in RDA Area; Office of Non-Profit Corpora- tion, was discussed. City Attorney Elect Penman spoke regarding the Legal Opinion and referred to $15,000 received by Casa Ramona from the General Fund and the conflict that this would have with Federal regulations. He stated that he had advised Council Member Estrada that she should not vote on the issue of the reimbursement from General Funds for CDBG Funds if her agency intends to come back to the City for more money. If, in the future, Casa Ramona decides to make application for CDBG Funds, Council Member Estrada should apply to HUD for information on the legality of her involvement. City Attorney Elect Penman stated in the case of Council Member Elect Pope-Ludlam the potential conflict of interest is different because of the bankruptcy her agency is involved in. Ken Henderson, Director, Community Development De- partment, gave some background information regarding the legal opinion. Council Member Elect Pope-Ludlam answered questions regarding her position. It was explained to her that she is not in a conflict of interest position until she be- comes a member of the Council and if she wants to apply for funds, she will have to abstain from participation in the vote. Ken Henderson, Director, Community Development De- partment, explained the Program Mix that was approved by the Council. He stated that the Citizens Advisory Commit- tee had made a recommendation of $207,000 for Public Ser- vices and that $51,600 remains in the Contingency Fund that could be allocated to this category under HUD Regula- tions which limit this category to 15%. Ken Henderson, Director, Community Development De- partment, answered questions regarding the Program Mix and the CDBG Regulations. Mario Porras and Willie Brue of the Citizens Advisory Committee spoke regarding the Committee recommendations. Joann Wyman was present to represent the Highland District Council on Aging and requested reconsideration of funding. 22 5/18/87 CITY CLERK CLARK EXCUSED City Clerk Clark left the Workshop and was replaced by Deputy City Clerk South. Council Member Quiel made a motion, seconded by Council Member Reilly, that the recommendations of the Citizens Advisory Committee with regard to funding level for Public Services in the amount of $207,000 be approved as submitted; that the $51,600 in remaining Contingency Funds be referred back to the Citizens Advisory Committee for evaluation and review for future submittals by any organization and accepting allocations submitted as of the date of the hearing (May 18, 1987). Council Member Estrada stated she would abstain from voting because of a potential conflict of interest regard- ing possible future requests for funding for Casa Ramona. The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Estrada. Council Member Maudsley made a motion, seconded by Council Member Quiel, that $22,285 designated for Economic Development for the Item designated as #26 (Hispanic Chamber of Commerce) out of the 86/87 Contingency Funds, be approved. Council Member Estrada stated she would abstain from voting because of a potential conflict of interest regard- ing possible future requests for funding for Casa Ramona. The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Estrada. The Mayor and Council discussed finding a way to include the YWCA in funding, as the City owns the building and the asbestos problems must be taken care of. Council Member Quiel made a motion, seconded by Council Member Reilly, that the YWCA be included in the Capital Improvements Funds from the 86-87 Contingency Account for $30,000 for removal of the asbestos and any other improvements needed at the facility, that the funds can cover. Council Member Estrada stated she would abstain from voting because of a potential conflict of interest regard- ing possible future requests for funding for Casa Ramona. The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Estrada. Counci 1 Member Quiel made a motion, seconded by Council Member Maudsley, that the recommendations regard- ing the remaining $600,000 in funds be approved. Council Member Estrada stated she would abstain from voting because of a potential conflict of interest regard- ing possible future requests for funding for Casa Ramona. The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Estrada. 23 5/18/87 The Mayor and Council discussed the $25,000 in Com- munity Housing recommendations and the organization being located in Rancho Cucamonga. Council Member Quiel made a motion, seconded by Council Member Flores, that the Fair Housing Recommenda- tions, Items 2 and 5, be adopted as submitted. Council Member Estrada stated she would abstain from voting because of a potential conflict of interest regard- ing possible future requests for funding for Casa Ramona. Council Member Frazier stated he was voting for the recommendation only because there are no other competitors for the funds. The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Estrada. Council Member Quiel made a motion, seconded by Council Member Maudsley, that the Neighborhood Housing Services be referred back to the Citizens Advisory Com- mittee for a recommendation. Council Member Estrada stated she would abstain from voting because of a potential conflict of interest regard- ing possible future requests for funding for Casa Ramona. The motion carried by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Estrada. ADJOURN WORKSHOP At 1:46 p.m., the Workshop was adjourned to the Regu- lar Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "0" Street, San Bernar- dino, California. RECONVENE MEETING At 2:05 p.m., the 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 fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: None. Also present: City Attorney Elect Penman. RECESS MEETING - CLOSED SESSION At 2:05 p.m., Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously car- ried, that the Regular Meeting of the Mayor and Common Council recess to a Closed Session, pursuant to Government Code Section 54956.9 (a) to confer with its attorney re- garding pending litigation which has been initiated for- mally and to which the City is a party. The title of the case is Saldecke, et al vs. the City of San Bernardino, Case No. 236836; to discuss agenda Items 28 through 33 and Items 35 through 38; also pursuant to Government Code Section 54957 to discuss Item 8, Personnel Matters. (35-38 & 53 & 55) 24 5/18/87 CLOSED SESSION The Closed Session was called Wilcox at 2:05 p.m., in the Conference Chambers of City Hall, 300 North "D" dino, California. to order by Mayor Room of the Council Street, San Bernar- ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: None. Also present: Council Members Elect Pope-Ludlam and Miller; City Attorney Elect Penman; Deputy City Adminis- trator Richardson; Richard Bennecke, Executive Assistant to the Mayor; Phil Arvizo, Executive Assistant to the Council; Vince Bautista, Principal Planner. ADJOURN CLOSED SESSION At 3:30 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 3: 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 Estrada, Reilly, Flores, Maudsley, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Quiel. Also present: City Attorney Elect Penman. APPEAL - PLANNING COMMISSIONS' DENIAL - VARIANCE NO. 87-6 - WAIVER OF SBMC SECTION 19.60.220 A & B EXTENDING PROPOSED SIGN - SOUTH SIDE OF CAROLINE STREET, EAST OF HUNTS LANE - MERVYN SIMCHOWITZ This is the time and place set for a hearing to con- sider an appeal filed by Mervyn Simchowitz, The Simchowitz Corp., for owner San Bernardino Joint Venture, on the Planning Commissions' denial of Variance No. 87-6, to permit a waiver of San Bernardino Municipal Code Section 19.60.220 A. and B., in extending a proposed sign above the roof line and exceeding the maximum area of wall signs allowed on a rectangularly shaped parcel of land. The property consists of approximately 10.9 acres, having a frontage of approximately 580 feet on the south side of Caroline Street, approximately 450 feet east of the cen- terline of Hunts Lane. In addition, subject properties also have frontage of 360 feet and 250 feet respectively on Concourse Way and another portion of Caroline Street. (57) Mayor wilcox opened the hearing. Vince Bautista, Principal Planner, gave the back- ground of the appeal, and stated that on April 21, 1987, the Planning Commission voted 8-1 to deny the application for Variance No. 87-6. He explained that there were four Negative Findings of Fact on which the Planning Commis- sion made their decision. 25 5/18/87 Mr. Bautista presented four Affirmative Findings of Fact that had just been prepared, which the Planning Com- mission has not reviewed. The Mayor and Council agreed to continue this matter until copies of the Affirmative Findings of Fact could be prepared and distributed to the Mayor and Council. (See page 27) COUNCIL MEMBER QUIEL RETURNED At 3:35 p.m., Council Member Quiel returned to the Council Meeting and took his place at the Council Table. APPEAL - PLANNING COMMISSION'S APPROVAL - PREVIOUSLY APPROVED CONDITIONAL USE PERMIT NO. 86-44 - INDOOR SHOOTING RANGE, RETAIL STORE, TRAINING FACILITY - ROBERT L. FISHER - 766 S. LUGO This is the time and place set to consider an appeal filed by Robert L. Fisher, Owner Majestic Realty Co., & Patrician Associates, Inc., on the Planning Commissions' previously approved Conditional Use Permit No. 86-44, which permitted an indoor shooting range, retail store and training facility. Mr. Fisher submitted a letter dated April 30, 1987, in which he appealed the denial of his request to amend the conditions imposed on CUP 86-44. (58) Robert L. Fisher, owner of the San Bernardino Magnum Shooting Range development, distributed information to the Council and explained various attachments which had to do with his request for a waiver of certain conditions. Mr. Fisher referred to his letter dated January 26, 1987, to Sandy Paulson, Planning Department, in which he listed the six conditions that he requested be amended. The six conditions were: 1. Handicapped Parking; 2. Three foot planter along north and south side of fenced area; 3. Trash enclosure; 4. Southerly Driveway Clo- sure; 5. Modified striping for improved circulation; 6. Landscaping of entrance area. Mr. Fisher explained that meeting all the conditions as imposed by the Planning Department would pose a finan- cial hardship on him, and felt that many of the conditions were not necessary. He referred to the general run-down condition of the general area in which his business is located and felt that the requirement of the landscaping north and south of entrance area was unnecessary. He stated he had concentrated the landscaping on the front of his building. Mr. Fisher also explained that the parking require- ment of 32 parking spaces is excessive, as most of his customers are there at night when adjacent businesses are closed. Mr. Fisher explained what he had already accomplished with street improvements and landscaping. He had confer- red with Mr. Anaya of Parks, Recreation and Community Services regarding the landscaping, but did not have a plan prepared. Vince Bautista, Principal Planner, stated that all of the conditions being requested as part of the CUP are standard conditions placed on other similar applications. He stated that the $1,200 bond is in for the landscaping, not for street improvements. 26 5/18/87 Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the matter concerning CUP No. 86-44 be continued to November 16, 1987; that the conditions recommended by the Planning Commission remain the same, but that applicant Mr. Fisher be given a year in which to perform and complete those conditions, giving priority first to the handicapped park- ing and removal of the drive approach in front of the facility and then meeting the other conditions within 12 months from today's hearing. within the next six months, staff will inspect the site, with a report back to the Council on November 16, 1987, as to the conditions and the status of progress in meeting those conditions. It was agreed that Council Member Flores will help Mr. Fisher get in touch with Ken Henderson, Director, Community Development Department, to see if he can receive assistance from Beautification Funds. APPEAL - PLANNING COMMISSION'S DENIAL - VARIANCE NO. 87-6 - WAIVER OF SBMC SECTION 19.60.220 A. & B. - EXTENSION OF PROPOSED SIGN - MERVYN SIMCHOWITZ - SOUTH SIDE OF CAROLINE STREET, EAST OF HUNTS LANE This is the time and place continued to for consi- deration of an appeal filed by Mervyn Simchowitz, The Simchowitz Corp., for owner San Bernardino Joint Venture, on the Planning Commissions' denial of Variance No. 87-6, to permit a waiver of San Bernardino Municipal Code Section 19.60.220 A. and B. in extending a proposed sign above the roof line and exceeding the maximum area of wall signs allowed on a rectangularly shaped parcel of land. The property consists of approximately 10.9 acres, having a frontage of approximately 580 feet on the south side of Caroline Street, approximately 450 feet east of the centerline of Hunts Lane. In addition, subject properties also have frontage of 360 feet and 250 feet respectively on Concourse Way and another portion of Caroline Street. (See page 25) (57) Vince Bautista, Principal Planner, reviewed the Af- firmative Findings of Fact dated May 18, 1987, and the Negative Findings of Fact dated April 21, 1987. He stated that Planning hadn't changed their position or recommenda- tion on this matter, but were just presenting an alterna- tive for Council consideration. Mr. Simchowitz explained that the sign he is request- ing is for channel lettering and protrudes above the roof line by 18 inches. The building itself is 350 feet long and is in back of railroad lines in a blighted area. The tenant has requested signs for visibility from the free- way. Each sign is 248 feet. Vince Bautista, Principal Planner, answered ques- tions, stating that no matter what the length of the building, the ordinance limits the sign to 150 square feet. Mr. Simchowitz stated the tenant's biggest concern is that this is a day and night operation. In order to give more security at night, the building has a glass fascia which allows light to come through into the parking lot. The sign is above the fascia. This is done because it protrudes above the roof line. Mr. Bautista explained how signs are measured. The outermost area of the sign is what is used for measure- ment, and in this case, there is no sign, just letters on a building. 27 5/18/87 City Attorney Elect penman explained why he felt the Findings prepared by Planning are not sufficient to grant the variance. City Attorney Elect Penman and Mr. Simchowitz dis- cussed the necessary language for sufficient Findings. City Attorney Elect Penman explained the necessity of presenting data to show that there are extraordinary and exceptional circumstances which do not apply generally to other property in the same zoning district. Mr. Simchowi tz made reference to the signage of ad- joining properties. After further discussion, Council Member Frazier made a motion seconded by Council Member Estrada and unani- mously carried, that the Variance be continued until June 1, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and that the City Attorney and Planning Department work with Mr. Simchowitz in establishing the proper Findings of Fact and interpret- ing the Municipal Code sections on variances, and report back to the Council on June 1, 1987. SECONDARY ACCESS TO PROPERTY EAST OF RT. 330 AND NORTH OF HIGHLAND AVENUE - STUBBLEFIELD CONSTRUCTION COMPANY - LEGISLATIVE REVIEW COMMITTEE REPORT - MAY 14, 1987 At the Legislative Review Committee meeting held on May 14, 1987, the ma t ter of Secondary Access to Proper ty east of Rt. 330 and north of Highland Avenue - Stubble- field Construction Company - was discussed. The Committee recommended approval of the Caltrans Plan in concept and asked the City Administrator to schedule Caltrans for a presentation to the full Council at 2:00 p.m., on May 18, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (See page 20) (47 - 2) Gerald Ludd, Project Design Engineer from Caltrans, used a map to show the proposed alignment of Rt. 330 which is near the Stubblefield Development Company. Arnold Stubblefield was present to answer questions regarding his development. City Attorney Elect Penman raised the issue of a need for a Environmental Impact Report. The Mayor and Common Council discussed whether this was an individual or Caltrans Project, and it was ex- plained that Caltrans is the lead agency in this matter. Council Member Strickler made a motion, seconded by Council Member Flores and unanimously carried, to approve in concept the secondary access east of Rt. 30. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. RES. 87-168 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH SAN BERNARDINO ECONOMIC DE- VELOPMENT COUNCIL RELATING TO THE ASSIGN- MENT AND TRANSFER TO CITY OF CERTAIN LOANS, ETC., RELATING TO THE REVOLVING LOAN FUND AND ASSUMPTION OF LIABILITIES. (Continued from earlier in the meeting. (9 ) See page 6) 28 5/18/87 I Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted as amended by interdelineation by deleting La Esperanza from the agreement, page 1, line 18, deleting all of Item 3, page 2, with the understanding that an agreement with La Esperanza will corne back at the next Council meeting. Resolution No. 87-168 was adopted vote: Ayes: Council Members Estrada, Maudsley, Quiel, Str ickIer. Noes: Council Member Frazier. by the following Reilly, Flores, None. Absent: ORD. MC-593 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO REENACTING IN CERTAIN DEFINED AREAS AN INTERIM HOLD ON APPROVAL OF GEN- ERAL PLAN AMENDMENTS, RESIDENTIAL ZONE CHANGES AND OTHER RESIDENTIAL ACTIONS DE- FINED AS DISCRETIONARY, AND DECLARING THE URGENCY THEREOF. (28) Council Member Quiel made a motion, seconded by Council Member Maudsley, that said ordinance be adopted. Ayes: Qu i el. Member Ordinance MC-593 was adopted by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Noes: Council Member Strickler. Absent: Council Frazier. ORD. MC-594 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNI- CIPAL CODE (PETITION NO. 86-17, GENERALLY LOCATED ON THE NORTH SIDE OF FOOTHILL BOUL- EVARD APPROXIMATELY 155 FEET WEST OF THE CENTERLINE OF RANCHO AVENUE AT ITS NORTHER- LY TERMINUS) AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (29) Council Member Quiel made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-594 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. ORD. MC-595 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNI- CIPAL CODE (PETITION NO. 86-20, GENERALLY LOCATED ON THE SOUTH SIDE OF EVANS STREET APPROXIMATELY 194 FEET EAST OF THE CENTER- LINE OF WATERMAN AVENUE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (30) Council Member Quiel made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-595 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. 29 5/18/87 ORD. MC-596 - 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 SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNI- CIPAL CODE (PETITION NO 86-25, GENERALLY LOCATED APPROXIMATELY 75 FEET EAST OF THE CENTERLINE OF LUGO AVENUE ON THE NORTH SIDE OF FOURTH STREET), AND ADOPTING THE NEGA- TIVE DECLARATION FOR ENVIRONMENTAL REVIEW. FINAL (31 ) Council Member Quiel made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-596 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. ORD. MC-597 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNI- CIPAL CODE (PETITION NO. 86-27, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF CAROLINE STREET AND WATERMAN AVENUE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (32) Council Member Quiel made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-597 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Str ickIer. Noes: None. Absent: Council Member Frazier. ORD. MC-598 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNI- CIPAL CODE (PETITION NO. 86-28, GENERALLY LOCATED ON THE SOUTH SIDE OF SIXTH STREET APPROXIMATELY 380 FEET EAST OF THE CENTER- LINE OF "J" STREET), AND ADOPTING THE NEGA- TIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (33) Council Member Quiel made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-598 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Str ickIer. Noes: None. Absent: Council Member Frazier. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPO- RATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 87-1, GENERALLY LOCATED ON THE NORTH SIDE OF 44TH STREET, APPROXIMATELY 153 FEET EAST OF SIERRA WAY), AND ADOPTING THE NEGA- TIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (35) (Continued from May 11, 1987) (First) 30 5/18/87 Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that said ordinance be continued to June 1, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPO- RATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-21, GENERALLY LOCATED ON THE SOUTH SIDE OF 48TH STREET APPROXIMATELY 230 FEET WEST OF THE CENTERLINE OF LEROY STREET), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (First) (36) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that said ordinance be continued to June 1, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPO- RATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-23, GENERALLY LOCATED ON THE NORTH SIDE OF THE PROPOSED EXTENSION OF PIEDMONT DRIVE, APPROXIMATELY 285 FEET EAST OF THE CENTERLINE OF CACTUS CIRCLE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (First) (37) (Continued from May 11, 1987) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that said ordinance be continued to June 1, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPO- RATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-29, GENERALLY LOCATED ON THE SOUTH SIDE OF KENDALL DRIVE APPROXIMATELY 170 FEET EAST OF THE CENTERLINE OF UNIVERSITY PARKWAY), AND ADOPTING THE NEGATIVE DECLAR- ATION FOR ENVIRONMENTAL REVIEW. (38) Continued from May 11, 1987) Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final passage. FORMULATION OF "2010" TASK FORCE - CONTINUED FROM APRIL 20, 1987 This is the time and place continued to for discus- sion on the formation of a "2010" Task Force. (48) At the meeting of April 20, 1987, City Administrator Schweitzer agreed to work through "Login" and get a list of various cities that might have a futuristic task force. City Administrator Schweitzer answered questions regarding contacts he had made with other cities for copies of "2010" Task Force plans. 31 5/18/87 Mayor wilcox expressed her opposition of the expenses involved in carrying out the "2010" Task Force concept. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, to approve the "2010" Task Force to look to the future, and at the present time, the Mayor, City Administrator, Council Mem- ber Estrada and two other Council Members will meet for formulation of the plan on how this will be accomplished. DISCUSSION - FORMAT AND APPROXIMATE COST - REPORT ON DISPOSITION OF CASES AGAINST CITY - COUNCIL MEMBERS ESTRADA, MAUDSLEY, CITY ADMINISTRATOR _ CONTINUED FROM APRIL 20, 1987 This is the time and place continued to for discus- sion on the format and approximate cost regarding a report on the disposition of cases against the City. (49) At the Meeting of the Mayor and Council on April 20, 1987, City Administrator Schweitzer agreed to meet with Bruce Gadbois, Director of Emergency services/Acting Di- rector of Risk Management, for a report on May 18, 1987. City Administrator Schweitzer answered questions, stating that 260 hours have been devoted to this study. Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the Report of Cases Against the City be continued for further refinement to June 15, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia, with the understanding that the report is to be distributed as soon as it is completed. FIRE PREVENTION DIVISION - REORGANIZATION In a memorandum dated May 8, 1987, Fire Chief New- combe stated that the Personnel Committee agreed to the reorganization of the Fire Prevention Division at its meeting of May 8,1987. He explained the need for re- organization, and made recommendations for changes in personnel. (50) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the Fire Department be authorized to reorganize the Fire Pre- vention Division. POLICE DEPARTMENT - APPROVE GRANT PARTICIPATION _ CAREER CRIMINAL APPREHENSION STATE-OF-THE-ART GRANT - TRANSFER OF FUNDS In a memorandum dated April 27, 1987, Police Chief Burnett gave the background of the request for a Career Criminal Apprehension State-of-the Art Grant. On February 19, 1987, the Department was advised by the Office of Criminal Justice Planning that the grant was approved for a total of $95,663. As per the original application, the City is now required to provide 20 percent of this grant in the form of a hard match. (51) Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, to approve grant participation and transfer of funds from Police Department salary account (salary savings) to appropriate account to fund required hard match. 32 5/18/87 LICENSE AGREEMENT - JAMES L. LYNAS AND SHIRLEY M. LYNAS - MAINTENANCE OF PROPERTY LOCATED ON PARKWAY AREA BETWEEN HAMPSHIRE FLOODWALL STRUCTURE AND EASTERLY TERMINUS OF SONORA STREET In a letter dated May 7, 1987, James L. Lynas and Shirley M. Lynas, 1160 East Sonora Street, San Bernardino, California 92404, requested the extension of an existing License Agreement concerning the maintenance of property located on the northerly one-half of the parkway area between the Hampshire floodwall structure and the easterly terminus of Sonora Street. (52) The Mayor and Council discussed the previous agree- ment with Mr. and Mrs. Lynas and a plan that would insure that the landscaping work is completed in a timely manner. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the proposed extension of the License Agreement be referred to the City Attorney for preparation of the necessary documents to extend the license agreement with James L. Lynas and Shirley M. Lynas for the maintenance of property located on the northerly one-half of the parkway area between the Hampshire Floodwall structure and the easterly terminus of Sonora Street. The agreement is to include language to guarantee the landscaping and maintenance. RECESS MEETING - CLOSED SESSION At 6:10 p.m., Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess to a Closed Session pursuant to Government Code Section 54957 to consider personnel matters. (53) CLOSED SESSION At 6:10 p.m., the Closed Session was called to order by Mayor Wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox, Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: None. Also present: City Attorney Elect Penman; Richard Bennecke, Executive Assistant to the Mayor; Phil Arvizo, Executive Assistant to the Council; Council Member Elect Miller. ADJOURN CLOSED SESSION At 7:00 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 7:00 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 fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: None. 33 5/18/87 Also present: City Attorney Elect Penman. PERSONNEL ACTIONS Council Member Flores made a motion, seconded by Council Member Frazier 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, with the exception of James E. RObbins, Deputy City Administrator/ Administrative Services and Ann R. Siracusa, Director of Planning. (8) APPOINTMENTS Public Works/Engineering Steven W. Locey - Construction Inspector - Effective May 19, 1987 City Attorney Melissa A. Woods - Legal Secretary I - Effective May 19, 1987 (with approval of City Attorney) Dolores Delgado - Executive Secretary - Effective June 1, 1987 Margaret Scroggin - Administrative Operations Supervisor (City Attorney) - Effective June 1, 1987 TEMPORARY APPOINTMENTS Police Department Delores A. Lara - Crossing Guard - Effective May 19, 1987 Public Services/Refuse Extra Relief Heavy Laborer - Effective May 19, 1987 Larry J. R. Allen Wilbert Covin, Jr. Matthew J. Briones Charles D. Greenwood Public Services/Street Extra Relief Heavy Laborer - Effective May 19, 1987 Kevin Jackson Robert Macias Michael L. McGann Ruben R. pina James W. Walker David 1. Leal Michael A. Martinez Daniel H. Payan Robert G. Vega Public Services/Street Weeder/Cleaner/Part-Time - Effective May 19, 1987 Donald R. Alvarez Robert L. Brown Jessie Lee Dixon Donald R. Jackson Celio S. Rodriquez Thomas S. Becerra Roger P. DeMars David V. Hernandez Eliazer G. Leal Parks, Recreation & Community Services Groundsman/Part-Time - Effective May 19, 1987 Gilbert O. Cadena Sean Squires Walter E. Wheeler Thomas Coleman Ignacio Reynoso 34 5/18/87 PROMOTION Fire - Suppression Eugene Ducloux - Fire Engineer - From Fire Fighter to Fire Engineer - Effective May 19, 1987 LEAVE OF ABSENCE/MILITARY LEAVE Emergency Services/Communications Larry W. Gatlin - Communications & Electronics Technician - Duration May 9, 1987 to May 23, 1987 _ Effective May 9, 1987 APPOINTMENT - JAMES E. ROBBINS - DEPUTY CITY ADMINISTRATOR/ADMINISTRATIVE SERVICES Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that James E. Robbins be appointed to the position of Deputy City Administrator/Administrative Services, Effective May 19, 1987. (8) APPOINTMENT - ANN R. SIRACUSA - DIRECTOR OF PLANNING Mayor Wilcox stated that she was appointing Ann R. Siracusa to the position of Director of Planning, with the possible effective date of May 19, 1987, depending on when Ms. Siracusa was available. (8) On Council raised tion of behalf of some other members of the Council, Member Estrada stated that some concerns had been as to the screening of applicants and the composi- the oral review board. Council Member Strickler made a motion, seconded by Council Member Reilly, to confirm the appointment of Ann R. Siracusa to the position of Director of Planning. The motion carried by the following vote: Council Members Reilly, Quiel, Frazier, Strickler. Council Members Estrada, Flores, Maudsley. Absent: Ayes: Noes: None. PROCLAMATIONS - COUNCIL MEMBERS QUIEL, FRAZIER, STRICKLER Proclamations were presented to Council Members Quiel, Frazier, Strickler, outgoing Council Members. (B) Council Members Quiel, Frazier, Strickler were pres- ent to receive the proclamations. ADJOURN MEETING At 7:15 p.m., Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the meeting be adjourned to 11:00 a.m., Wednesday, May 27, 1987, in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "0" Street, San Bernar- dino, California. ~/;?7,?~ /City Clerk ~//~, Deputy f? wt:dIJ City Clerk No. of Items: 64 No. of Hours: 10 35 5/18/87