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HomeMy WebLinkAbout06-01-1987 Minutes City of San Bernardino, California June 1, 1987 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:00 a.m., Monday, June 1, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernar- dino, California. INVOCATION The Invocation was given by Reverend Nathaniel C. White of the Temple Missionary Baptist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Norine Madden, granddaughter of Council Member-Elect Norine Miller. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley; City Clerk Clark, City Administrator Schweitzer. Absent: None. Also present were Council Members-Elect Minor, Pope- Ludlam, Miller; City Attorney-Elect Penman. INTRODUCTIONS AND SWEARING IN OF NEWLY ELECTED OFFICIALS Mayor Wilcox introduced Council Members-Elect Tom Minor, Fifth Ward; Valerie Pope-Ludlam, Sixth Ward; Norine Miller, Seventh Ward; City Attorney-Elect Jim Penman, and Re-elected City Treasurer Craig Graves. Re-elected City Clerk Clark, after having been re- sworn into office earlier in the day by Judge John Ken- nedy, swore the newly elected officials into office. Each of the newly elected officials made an accep- tance speech. RECESS MEETING At 9:25 a.m., the meeting was recessed for a recep- tion in the foyer for the newly elected officials. RECONVENE MEETING At 9:50 a.m., the 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, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: None. PUBLIC COMMENTS No public comments were received. (A) PRESENTATIONS The presentations were rescheduled until 2:00 p.m., at the afternoon session of the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. (B) APPOINTMENTS The appointment of Don Baker to the Police Commission was requested to be on the Agenda of the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held 9: 00 a.m., Friday, June 8, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (C) APPROVE MINUTES - APRIL 30, 1987 - CONTINUED FROM MAY 18, 1987 Council Member Estrada made a motion, seconded by Council Member Maudsley, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernar- dino held on the 30th of April, 1987, be approved as sub- mitted in typewritten form. (1) The motion carried by the following vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope- Ludlam, Miller. Noes: None. Absent: None. Abstain: Council Member Reilly. APPROVE MINUTES - MAY 11, 1987 Council Member Estrada made a motion, seconded by Council Member Maudsley, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernar- dino held on the 11th of May, 1987, be approved as amended on Page 36, Item S-12, by changing the amount of Park Extension Funds from $75,000 to $7,500. (2) The motion carried Council Members Estrada, Ludlam, Miller. Noes: Council Member Reilly. by the Flores, None. following vote: Ayes: Maudsley, Minor, Pope- Absent: None. Abstain: APPROVAL OF CHANGE ORDER NO. 2 - CONTRACT _ DUNCAN CONSTRUCTION, INC. - RESTROOM/CONCESSION BUILDING AT DEL VALLEJO JR. HIGH SCHOOL In a memorandum dated May 19, 1987, Roger Hardgrave, Director of Public Works/Engineering, stated that Change Order No. One to the contract with Duncan Construction, Inc. for construction of the restroom/concession building at Del Vallejo Jr. High School raised the elevation of the building pad, and resulted in Change Order No. Two to the contract for regrading of perimeter sidewalks and the driveway to match the new elevation. (3) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that Change Order No. Two to the contract with Duncan Construc- tion, Inc., for the construction of a restroom/concession building at Del Vallejo Jr. High School, in accordance with Plan No. 6865, be approved; and that the contractor be authorized to adjust the sidewalk and driveway grades to match the building pad elevation, and remove water from the flooded building pad, at a net increase in contract price of $1,212.95, from $128,335.00 to $129,547.95. AUTHORIZATION TO PROCEED - STREET NAME CHANGE _ 31ST STREET, BETWEEN HIDALGO DRIVE AND MARY ANN LANE - TO DEL NORTE DRIVE In a memorandum dated May 20, 1987, Roger Hardgrave, Director of Public Works/City Engineer, stated that the Fire Department requested a change in the street name of 31st Street, between Hidalgo Drive and Mary Ann Lane, to Del Norte Drive, as there is address confusion pertaining to locations on Hidalgo Drive and Mary Ann Lane. (6) 2 6/1/87 Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the Real Property Section of the Public Works Department be authorized and directed to proceed with changing the name of 31st Street, between Hidalgo Drive and Mary Ann Lane, to Del Norte Drive. APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS - HANDICAP ACCESSIBILITY OF PERRIS HILL AND BLAIR PARKS In a memorandum dated May 18, 1987, Roger Hardgrave, Director of Public Works/City Engineer, itemized the esti- mated total project costs at $49,000.00, for the elimi- nation of architectural barriers by constructing ramps and sidewalk, and modifying restroom buildings at Perris Hill and Blair Parks. (7) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the plans for handicap accessibility at the City parks of Perris Hill and Blair, in accordance with Plan No. 7226, be approved, and that the Director of Public Works/City Engineer be authorized to advertise for bids. APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS - CONSTRUCTION OF TRI-CITY FIRE STATION In a memorandum dated May 21, 1987, Roger Hardgrave, Director of Public Works, City Engineer, provided an esti- mate of the total project cost for construction of a fire station on a 1.5 acre site on the north side of Vanderbilt Way, west of Carnegie Drive, and stated that plans for the building have been prepared by Kurt Meyers Partners, architects, and that the project is ready to be advertised for bids. (8) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the plans for construction of the Tri-City Fire Station (No. 11), in accordance with Plan 7270, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. (This action was later rescinded _ See Page 8 ) APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS - CONSTRUCTION OF PATTON PARK SOUTH, PHASE III In a memorandum dated May 15, 1987, Roger Hardgrave, Director of Public Works/City Engineer, stated that the revisions to plans of Patton Park South have been com- pleted by Landscape Architect, and that the project is ready to be advertised for bids. Contract documents in- corporate a Basic Bid and 12 Additive Alternates. (9) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the plans for construction of Patton Park South, in accordance with Plan No. 7169, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. APPROVAL AND ACCEPTANCE OF WORK - G D M ELECTRICAL CONSTRUCTION - BALLFIELD LIGHTING - FISCALINI FIELD - PERRIS HILL PARK In a memorandum dated May 14, 1987, Roger Hardgrave, Director of Public Works/City Engineer, stated that all work under contract with G D M Electrical Construction for ballfield lighting at Fiscalini Field in Perris Hill Park, has been satisfactorily completed as of May 3, 1987. (10) 3 6/1/87 Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the work performed by the contractor, in accordance with Plan No. 7185, be approved and accepted, and that the final payment be authorized at the expiration of the lien period. TERMINATE STREET NAME CHANGE PROCEEDINGS - LENA ROAD TO FRANK BLAND ROAD In a memorandum dated May 21, 1987, Roger Hardgrave, Director of Public Works/City Engineer, stated that a portion of Lena Road, which is subject to a street name change, is located within the County of San Bernardino, and that the County Board of Supervisors rejected the street name change proposal due to protests being received from residents. (11) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the proceedings for changing the name of Lena Road to Frank Bland Road (City's portion), be terminated. AUTHORIZATION TO PROCEED - CENTRAL AND GIFFORD LANDSCAPE MAINTENANCE DISTRICT In a memorandum dated May 18, 1987, Roger Hardgrave, Director of Public Works/City Engineer, stated that a petition has been received requesting the formation of an assessment district for the maintenance of landscaping along Central Avenue and Gifford Street, within Parcel Map 7405 and the retention basin lying within Parcel 1 of Parcel Map 7405. (12) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the City Engineer and City Clerk be authorized to proceed with the establishment of an assessment district under the provisions of Chapter 12.90 of the San Bernardino Munici- pal Code, and that the City Engineer be directed to pre- pare an Engineer's Report for the proposed maintenance of landscaping in portions of the north side of Central Ave- nue, the east and west sides of Gifford and the retention basin within boundaries of Parcel Map No. 7405. CLAIMS AND PAYROLL Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the demands against the City be approved and that the issuance of warrants be authorized as follows: (13) 1. Approve the register of demands dated: May 13, 1987 May 21, 1987 May 22, 1987 86/87 86/87 86/87 #37 #38 #39 $1,773,425.28 534,802.12 7,550.00 2. Approve the total gross payroll for the period April 27, 1987, through May 10, 1987, in the amount of $1,336,507.34. PERSONNEL ACTIONS Council Member Estrada made a motion, seconded by Council Member Maudsley 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 as amended by interdelineation to change the promotion salary range of Valerie Ross, Planner, from Step 1 to Step 3, and the effective date of the Custodial Aide positions of Armando Topete, David Linares and Michael Soto to June 2, 1987. (14) 4 6/1/87 APPOINTMENTS City Administrator Frederick Wilson - Assistant to City Administrator _ Effective June 15, 1987 Police Department Police Records Clerk I - Effective June 2, 1987 Virginia D. Espino Debra L. Meyer Lea L. Garza Cinda L. Littlefield - Police Clerical Trainee _ Effective June 2, 1987 Jack o. Schneider - Police Officer - Effective June 2, 1987 Fire Department Raymond Paul Allaire - Fire Prevention Inspector _ Effective June 2, 1987 APPOINTMENT TEMPORARY Parks, Recreation and Community Development Lifeguard - Effective June 2, 1987 Delia Jimenez Theresa Rodriquez Aaron M. Holdaway Christopher D. Allo Randall W. Mantei Monique I. Noble Victor Alexander Randy R. Nolfo - Groundsman/Part-Time _ Effective June 2, 1987 Recreation Aide - Effective June 2, 1987 Veronica Brown Apri 1 Humphrey Gregory Nichols Charmaine Dalton LaShandra Luckey Recreation Specialist - Effective June 2, 1987 Joyce Radzik Mary Samson Senior Recreation Leader - Effective June 2, 1987 Ruben Campos, Jr. Fulton Lee Ronald Trujillo Rick Cummings Raymond Ramirez Rosemary M. Villalvazo Kitchen Helper/Part-Time - Effective June 2, 1987 John H. Davis, Jr. James W. Moore Coach Operator - Effective June 2, 1987 Gerald Shumpert Ernest Smith Senior Services Aide - Effective June 2, 1987 Henry Manship Edith Voss Katherine Robinson Biodun A. White - Senior Lifeguard - Effective June 2, 1987 5 6/1/87 Public Works/Public Buildings Dale Bennett - Security Officer - Effective June 2, 1987 Custodial Aide - Effective May 29, 1987 David Linares Michael A. Soto Armando Topete - Custodial Aide III - Effective May 29, 1987 Animal Control Animal License Checker - Effective June 2, 1987 Kathy J. Burgett Yoshimi Turner Rosemary Rice Police Department Crossing Guard - Effective June 2, 1987 Robert Ages Sophia Gonzalez Laura Rodriquez Leehomer D. Boothe Patty J. Lewis Lynn Watson APPOINTMENT/PROVISIONAL Animal Control Clara Jane Stewart - Animal Shelter Office Specialist - Effective May 26, 1987 PROMOTION Public Works/Central Garage Kenneth J. Dillberg - From Equipment Mechanic I to Equipment Mechanic II - Effective June 2, 1987 Planning Valerie C. Ross - Planner II - From Planner I to Planner II, Range 1111, Step 3 PROMOTION TEMPORARY Parks, Recreation and Community Servises Nicholas I. E. Alexander - From Recreation Aide to Lifeguard - Effective June 2, 1987 Sharon L. Bagley From Senior Lifeguard to Supervising Lifeguard - Effective June 2, 1987 PROMOTION/PROVISIONAL/EXTENSION Public Services/Street Dany R. Nolfo - Abatement Coordinator - Effective June 2, 1987 HIGHER ACTING CLASSIFICATION Police Department Everett L. pinion - Police Records Manager - Effective June 2, 1987 LEAVE OF ABSENCE WITHOUT PAY Police Department Mary E. Kilpatrick - Dispatcher II - Effective June 8, 1987 - Duration: June 8 - July 22, 1987 6 6/1/87 LEAVE OF ABSENCE WITHOUT PAY/EXTENSION SBETA/Admin. David L. Gandy - Staff Analyst I (JTPA) _ Effective May 21, 1987 - Duration: May 21 _ July 22, 1987 APPROVAL OF CHANGE ORDERS TWO AND THREE - CONTRACT _ VALLEY CREST LANDSCAPING - CONSTRUCTION AT SECCOMBE LAKE STATE URBAN RECREATION AREA In a memorandum dated May 11, 1987, Roger Hardgrave, Director of Public Works/City Engineer, stated that re- visions to the existing tubular steel columns at the pavi- lion structure, and demolition and removal of the remain- ing adobe structure in the Seccombe Lake State Urban Recreation Area have been completed by the contractor, Valley Crest Landscaping, Inc. (4) Discussion ensued regarding the report that part of the adobe structure had fallen as result of construction being performed nearby, necessitating that the remaining portion be demolished. Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that Change Order Nos. 2 and 3 to the contract with Valley Crest Landscape, Inc., for construction of Phase lA, Zone B of Seccombe Lake State Urban Recreation Area per Plan 6878, be approved; that payments of $3,542.58 and $6,741.87 for extra work to the existing column connec- tions on the pavilion and the demolition and removal of the remaining adobe structure, be approved, for a total increase in contract price of $10,284.45, from $858,734.00 to $869,018.45. APPROVAL AND ACCEPTANCE OF WORK - WICKUM CONSTRUCTION - BLEACHER ADDITIONS AND ALTERATIONS - FISCALINI FIELD, PERRIS HILL PARK In a memorandum dated May 14, 1987, Roger Hardgrave, Director of Public Works/City Engineer, stated that all work under contract with Wickum Construction for additions and alterations to bleachers at Fiscalini Field, Perris Hill Park, has been satisfactorily completed as of May 6, 1987. (5) City Attorney Penman expressed concern over the City's policy of billing contracts. The Mayor and Cornmon Council discussed the need for a fully defined statement of work in contracts, the possible addition of a clause protecting the City in the event of under estimating contracts, and the possibility of having a committee review billing procedures to preclude change orders. Council Member Reilly made a motion, seconded by Council Member Miller, that the work performed by the contractor, in accordance with Specification No. 7150, be approved and accepted; and that final payment be author- ized at the expiration of the lien period. The Council Miller. Abstain: motion carried by the following vote: Ayes: Members Reilly, Maudsley, Minor, Pope-Ludlam, Noes: Council Member Flores. Absent: None. Council Member Estrada. 7 6/1/87 RECONSIDERATION OF APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS - CONSTRUCTION OF TRI-CITY FIRE STATION Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the approval of plans and authorization to advertise for bids regarding construction of a new fire station in the Tri- City area, be reconsidered. (See Page 3) (8) City Attorney Penman stated that an environmental impact study has not been done for the Tri-City fire station, as is required by CEQA (California Environmental Quality Act), and advised that it is not legally possible to proceed to approve plans and advertise for bids under these circumstances. Discussion was held concerning the formation of a checklist procedure in order to ensure that all require- ments are met on construction projects. City Engineer Hardgrave answered questions, stating that the procedure of sending the project through the Environmental Review Committee would take approximately six weeks. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the construction plans for the Tri-City Fire Station be sent to the Environmental Review Committee for review and recommendation to the Mayor and Common Council. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS DECISION - DEMOLISH APARTMENT COMPLEX - 1721 N. CONEJO DRIVE - LOUIS ARIAS - L.Y.W. INVESTMENT CO. This is the time and place set for an appeal hearing of the Board of Building Commissioners' decision to move or demolish an apartment complex located at 1721 N. Conejo Drive, as requested in a letter dated February 11, 1987, from Louis Arias, Director of Architecture and Construc- tion for Vanir Development Company, Inc., representing the new owners of the apartment complex, L. Y. W. Investment Company, in order that the owner be granted a time exten- sion to study alternatives. (45) Discussion ensued regarding the Environmental Review Committee issuing a negative declaration regarding the apartment complex. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that con- sideration of the Board of Building Commissioners' deci- sion to demolish the apartment complex be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held July 20, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PROTEST HEARING - ALLEY VACATION - PORTION OF 17TH STREET, EAST OF CONEJO DRIVE This is the time and place set for a protest hearing regarding the proposed vacation of a portion of 17th Street, east of Conejo Drive, reserving public utility easements, and an easement for ingress and egress to the County of San Bernardino to serve the Flood Control Chan- nel and bridge to the east, and for City emergency vehi- cles, serving utility company vehicles and abutting pro- perty owners. (46) 8 6/1/87 RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING A PORTION OF 17TH STREET, EAST OF CONEJO DRIVE, IN THE CITY OF SAN BERNAR- DINO AND RESERVING PUBLIC UTILITY EASE- MENTS, AND AN EASEMENT FOR INGRESS AND EGRESS TO THE COUNTY OF SAN BERNARDINO TO SERVE THE FLOOD CONTROL CHANNEL AND BRIDGE TO THE EAST, AND FOR THE CITY OF SAN BER- NARDINO EMERGENCY VEHICLES AND SERVING UTILITY COMPANY VEHICLES AND ABUTTING PROPERTY OWNERS THEREOF. (46) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the protest hearing concerning the vacation of a portion of 17th Street, east of Conejo Drive, be continued to the Regular Meeting of the Mayor and Common Council to be held July 20, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all of the reso- lutions on the Agenda. Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of said resolutions be waived. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO REDLANDS PAVING, INC. FOR THE RENOVATION OF CENTRAL CITY BUS STOPS. (N ine loca t ions) (Conti nued from May 18, 1987) (15) City Attorney Penman questioned the wording of the contract for the renovation of the Central City Bus Stop. Deputy City Attorney Wilson answered questions re- garding pending litigation involving the City as result of contracts with similar wording that were entered into by the City. City Engineer Hardgrave stated that if the resolution is continued, the delay in time would cause the contract bids to lapse. Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that the contract concerning the renovation of Central City Bus Stops be continued to the afternoon session in order that the contract may be reviewed. (See Page 20) RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING STANDARD REQUIREMENT NO. 11 RE- LATING TO UNDERGROUNDING UTILITY LINES. (Con ti nued from May 18, 1987) (16) City Clerk Clark related the need for a negative declaration regarding the undergrounding of utility lines, and stated that language requested to be in the resolution as result of previous Council action had not been in- serted. Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be continued to the June 15, 1987, Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 9 6/1/87 RES. 87-169 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED IN PART "A RESOLUTION... ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS OR ALLEYS, OR PORTIONS THEREOF. .." AUTHORIZING THE IMPLEMENTATION OF A RESIDENT PERMIT PARK- ING PROGRAM IN THE RESIDENTIAL NEIGHBOR- HOOD SOUTH OF ST. BERNARDINE'S HOSPITAL. (17) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted. Resolution No. 87-169 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MARINE BIOCHEMISTS OF CALIFORNIA, INC. RELATING TO PROVIDING LAKE MAINTE- NANCE SERVICES FOR SECCOMBE LAKE PARK. (18) City Attorney Penman recommended the removal of gen- der references in contracts, and stated that there was no term set in the agreement with Marine Biochemists. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be continued to the afternoon in order that Marine Biochemists may be contacted regarding a term for the agreement with the Ci ty. (See Page 21) RES. 87-170 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH VIVIAN J. LEACH TO PERFORM CONSULTING SERVICES FOR THE PLAN- NING DEPARTMENT. (19) City Administrator Schweitzer recommended that a term be set for the agreement for consulting services for the Planning Department. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted with an amendment by interdelinea- tion to include a term for the agreement not to exceed November 30, 1987. Resolution No. 87-170 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A NEW STANDARD FORM AGREEMENT AND RELEASE OF THE EXISTING AGREEMENT RELATING TO THE IMPROVEMENTS TO BE INSTALLED IN TRACT NO. 10182, LOCATED APPROXIMATELY 488 FEET SOUTH OF THE CEN- TERLINE OF IRVINGTON AVENUE AND EAST OF OLIVE AVENUE. (22) 10 6/1/87 council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held June 15, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. Helen Kopczynski, 8150 Cable Canyon Road, requested an opportunity to speak regarding the resolution. Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the matter be reconsidered. Helen Kopczynski, resident, questioned if the contin- uance of the resolution was procedurally correct, stating that the project was not viable. City Attorney Penman stated that correct procedure had been followed in this instance and that a final map had been previously approved. City Clerk Clark stated that her office had received a request from the property owner for a continuance so that his close of escrow would coincide with the action of the Mayor and Common Council. Discussion ensued regarding the need for the property owner to have his paperwork in place before the Mayor and Common Council take action. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be continued to the Regular Meeting of the Mayor and Common Council to be held June 15, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RES. 87-171 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE AND SUBMIT AN APPLICATION AND GRANT AWARD TO THE OFFICE OF CRIMINAL JUSTICE PLANNING FOR THE SAN BERNARDINO CITY COMMUNITY CRIME RESISTANCE PROGRAM. (20) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 87-171 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-172 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NATIONAL ENERGY MANAGEMENT INSTITUTE RELATING TO PROVIDING GEOTHERMAL FEASIBILITY AND DESIGN SURVEY OF THE CITY'S CENTRAL GARAGE FACILITY AND DOMESTIC HOT WATER SYSTEM AT CITY HALL. (21) City Engineer Hardgrave answered questions regarding the expense of $3,000 to determine the actual feasibility and cost effectiveness of the installation of a geothermal heating system at the Central Garage and the City Hall domestic water system. 11 6/1/87 Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-172 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-173 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE PARCEL MAP FOR SUBDIVISION PARCEL MAP 9510, LOCATED AT THE SOUTHWEST CORNER OF FOOTHILL BOULE- VARD AND MERIDIAN AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IM- PROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (23) City Attorney Penman stated that plans have been approved for the two-parcel commercial subdivision. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-173 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-174 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO NOTICING A PUBLIC HEARING CONCERNING THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT NO. 15, LOCATED ALONG A LINE APPROXIMATELY 350 FEET SOUTH OF RIALTO AVENUE AND THE SOUTH LINE OF SECOND STREET AND BETWEEN "E" STREET AND "I" STREET. (24) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted, and that the Director of Public Works/City Engineer and the City Clerk be authorized to proceed with the establishment of Underground Utility District No. 15, located generally along a line approxi- mately 350 feet south of Rialto Avenue and Second Street and between "E" Street and "I" Street. Resolution No. 87-174 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam, Miller. sent: None. by the following Reilly, Flores, Noes: None. Ab- UNDERGROUND UTILITY DISTRICTS - OVERVIEW BY CITY ENGINEER HARDGRAVE City Engineer Hardgrave answered questions and pro- vided an overview of the formation and costs involved in underground utility districts for the benefit of the Mayor and Common Council. (24) RES. 87-175 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MENTONE TURF SUPPLY FOR MAINTENANCE OF LANDSCAPING IN PORTIONS OF 16TH STREET, BETWEEN MUSCOTT STREET AND CALIFORNIA STREET. (25) 12 6/1/87 City Clerk Clark requested that when the City enters into service contracts, that a provision be included to ensure that the business obtains a business license. City Engineer Hardgrave agreed with the inclusion of a provision for business licenses, and answered questions regarding the increase in contract prices. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted. Resolution No. 87-175 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-176 - RESOLUTION OF THE CITY OF SAN BERNARD I NO AWARD I NG A CONTRACT TO MENTONE TURF & SUPPLY FOR MAINTENANCE OF LANDSCAPING IN PORTIONS OF UNIVERSITY PARKWAY, COLLEGE AVENUE, 48TH STREET, KENDALL DRIVE (STATE ROUTE 206), NORTHPARK BOULEVARD AND LITTLE MOUNTAIN DRIVE. (26) Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted. Resolution No. 87-176 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-177 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MENTONE TURF SUPPLY, FOR MAINTENANCE OF LANDSCAPING IN PORTIONS OF AIRPORT DRIVE. (27) Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted. Resolution No. 87-177 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-178 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO J & R LANDSCAPE MAINTENANCE CO., INC. FOR MAINTENANCE OF LANDSCAPING IN PORTIONS OF VANDERBILT WAY, HOSPITALITY LANE, CARNEGIE DRIVE, BRIER DRIVE, HARRIMAN PLACE, WATER- MAN AVENUE, TIPPECANOE AVENUE, AND ALONG GAGE CANAL AND INTERSTATE HIGHWAY 10. (28) Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted. Resolution No. 87-178 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. 13 6/1/87 RES. 87-179 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MENTONE TURF SUPPLY FOR MAINTENANCE OF LANDSCAPING IN PORTIONS OF KENDALL DRIVE (STATE ROUTE 2136). (Assessment District 951) (29) Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted. Resolution No. 87-179 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-1813 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO C & D LANDSCAPE SERVICE FOR MAINTENANCE OF LANDSCAPING IN PORTIONS OF THE SOUTH SIDE OF RIALTO AVENUE. (313) Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted. Resolution No. 87-1813 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-181 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO J & R LANDSCAPE MAINTENANCE COMPANY FOR MAIN- TENANCE OF LANDSCAPING IN CENTRAL CITY MALL, AREAS ADJACENT TO CITY HALL, CENTRAL CITY WEST, AN IMAL SHELTER, "E" STREET MEDIAN, SECOND STREET MEDIAN, "E" STREET BEAUTIFICATION, CENTRAL LIBRARY, THIRD AND FOURTH STREET MEDIANS, POLICE DEPARTMENT, SENIOR CITIZENS CENTER AND STURGES AUDI- TORIUM. (31) Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-181 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-182 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO BRYANT ORGANIZATION INC. FOR THE FURNISHING AND DELIVERY OF RE-ROOFING COOLING TOWER AREA ON CENTRAL CITY MALL TO BE UTILIZED BY THE PUBLIC BUILDINGS DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-87-37. (32) Council Member Rei lly made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-182 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. 14 6/1/87 RES. 87-183 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO TOM BELL CHEVROLET FOR THE FURNISHING AND DELIVERY OF ONE NEW 3/4 TON TRUCK WITH UTILITY BODY TO BE UTILIZED BY THE PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT IN ACCORD- ANCE WITH SPECIFICATION F-87-39. (33) Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-183 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-184 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO EXPERT TREE SERVICE FOR TOPPING AND TRIMMING SIXTY-FIVE (65) EUCALYPTUS TREES ON VALEN- CIA AVENUE AND DAVID WAY TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT/STREET TREE DIVISION IN ACCORDANCE WITH BID SPECIFI- CATION F-87-40. (34) Council Member Reilly made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-184 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman wilcox in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. SETTING OF PUBLIC HEARING - STURGES CENTER FOR THE PERFORMING ARTS In a memorandum dated May 27, 1987, Glenda Saul, Executive Director of the Redevelopment Agency, recommend- ed that a joint public hearing be held to consider the lease of the Sturges Auditorium from the Redevelopment Agency to the City. (R-6) Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that a joint public hearing be set for 11:00 a.m. on June 15, 1987, to consider a long-term lease of Sturges Auditorium from the Redevelopment Agency to the City. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. 15 6/1/87 ORD. MC-599 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 19 OF THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE RE- VIEW OF PLANS WHERE A USED AUTO SALES LOT IS DISCONTINUED FOR MORE THAN NINETY DAYS, AND DEFINING "USED AUTOMOBILE SALES AGENCY" AND "DISCONTINUANCE OF USE OR LAPSE" . FINAL City Clerk Clark read the title of the ordinance. (35 ) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of the ordinance be waived; that said ordi- nance be adopted, and that the responses to comments be approved and the negative declaration for environmental impact, which has been reviewed and considered, be adopted. Ordinance MC-599 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of the remaining ordinances on the Agenda. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of said ordinances be waived. ORD. MC-600 - ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-29, GENER- ALLY LOCATED ON THE SOUTH SIDE OF KENDALL DRIVE APPROXIMATELY 170 FEET EAST OF THE CENTERLINE OF UNIVERSITY PARKWAY), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. FINAL (36 ) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said ordinance be adopted. Ordinance MC-600 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. ORD. MC-60l - 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 UNDERGROUND EXISTING UTILITY LINES WHEN CERTAIN CRITERIA ARE MET. FINAL (37) City Engineer Hardgrave answered questions regarding the wording of underground of costs in the ordinance. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the responses to comments be approved and that the negative declaration for environmental impact, which has been re- viewed and considered, be adopted. 16 6/1/87 Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that said ordinance be adopted. Ordinance MC-60l was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. ORD. MC-602 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.06 AND CHAP- TER 3.04 OF THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE FORMAL CONTRACT PROCEDURES FOR PURCHASES 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. FINAL (38) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that said ordinance be adopted. Ordinance MC-602 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.04.095 OF THE SAN BERNARDINO MUNICIPAL CODE CONCERNING THE REQUIREMENT FOR ROOFING IN HIGH WIND AREAS. (Continued from May 18, 1987) FIRST (39 ) City Administrator Schweitzer answered questions regarding how high wind areas would be determined. Discussion ensued regarding the use of hurricane clips when available in high wind areas. Council Member Reilly made a motion, seconded by Council Member Estrada, that the ordinance be laid over for final reading; that the responses to comments be approved and that the negative declaration for environmen- tal impact, which has been reviewed and considered, be adopted. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope- Ludlam, Miller. Noes: Council Member Minor. Absent: None. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther discussion of the ordinance be continued to the afternoon session of the meeting. (See Page 21) COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMEND- ING THE LAND USE ZONING MAP, WHICH IS INCORPORATED 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, APPROXI- MATELY 153 FEET EAST OF SIERRA WAY), ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (40) 17 6/1/87 City Attorney Penman recommended that the ordinances on the Agenda concerning the Land Use Zoning Map be con- tinued until the Saldecke vs. City of San Bernardino liti- gation is considered. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the ordinance be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held July 20, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (Page 22) ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMEND- ING THE LAND USE ZONING MAP, WHICH IS INCORPORATED 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 CENTER- LINE OF LEROY STREET), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (41) Deputy City Attorney Grace answered questions regard- ing the possible impact of the ordinance. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that said ordinance be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held July 20, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (Page 22) ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMEND- ING THE LAND USE ZONING MAP, WHICH IS INCORPORATED 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. (42) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that said ordinance be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held July 20, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (Page 23) ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING ZONING DESIGNATION C-M, COMMER- CIAL MANUFACTURING DISTRICT, FOR CERTAIN DESCRIBED PROPERTY (PREZONE 86-11, BOUNDED ON THE EAST BY TIPPECANOE AVENUE, ON THE SOUTH BY 1-10 FREEWAY, ON THE WEST BY ORCHARD DRIVE ON THE NORTH BY THE EXISTING CITY LIMIT BOUNDARY), AND ADOPTING THE NEGA T IVE DEC LARA T I ON FOR ENVI RONMENTAL REVIEW. FIRST (43) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final reading. 18 6/1/87 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.27.100 OF THE SAN BER- NARDINO MUNICIPAL CODE PERTAINING TO COSTS INCURRED BY CITY FOR WEED/DEBRIS REMOVAL FROM PRIVATE PROPERTY, AND REPEALING SEC- TIONS 8.27.110, 8.27.120 AND 8.27.130. FIRST (44 ) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final reading. RECESS MEETING At 12:00 p.m., Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting be recessed until 2:00 p.m., in the Coun- cil Chambers of City Hall, 300 North "D" Street, San Ber- nardino, California. RECONVENE MEETING At 2:00 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Ad- ministrator Schweitzer. Absent: None. PROCLAMATIONS - AIR FORCE RESERVE DAY _ MAY 25, 1987 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino, proclaiming May 25, 1987, as Air Force Reserve Day. (B) Col. Eugene Fortson, Commander of the 445th Military Air Lift Wing, Norton Air Force Base, was present to accept the proclamation. APPEAL HEARING - DENIAL OF VARIANCE 87-6 _ CAROLINE STREET - EXTENDING SIGN ABOVE ROOF LINE - EXCEEDING MAXIMUM AREA OF WALL SIGNS - THE SIMCHOWITZ CORP. - CONTINUED FROM MAY 18, 1987 This is the time and place set for an appeal hearing concerning the Planning Commission's denial of Variance 87-6, regarding a waiver of San Bernardino Municipal Code Sections 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 on Caroline Street, as requested by The Simchowitz Corp. (60 ) The subject property consists of approximately 10.9 acres having frontage approximately 580 feet on the south side of Caroline Street, approximately 450 feet east of the centerline of Hunts Lane. Subject properties also have frontage of 360 feet and 250 feet respectively on Concourse Way and another portion of Caroline Street. Mayor wilcox opened the hearing. City Attorney Penman presented his analysis regarding Findings of Fact and interpretation of the San Bernardino Municipal Code regarding the requested variance. 19 6/1/87 Acting Planning Director Bautista answered questions regarding the placement of signs. Merv Simchowitz of The Simchowitz Corporation stated that he is willing to reduce the size of the signs to 150 sq. ft. or less, and that the size of the wall will be increased so that the signs do not extend above the wall. Since Mr. Simchowitz stated his willingness to make these modifications, a variance is no longer needed, and he withdrew his appeal of the denial of Variance 87-6. Council Member Minor made a motion, seconded by Coun- cil Member Estrada and unanimously carried, that the hear- ing be closed and the withdrawal of the appeal of the denial of Variance 87-6 was accepted, as review of the circumstances surrounding the proposed variance found it to be unneeded. APPLICATION - CHANGE OF ZONE 87-5 - R-l TO R-3 - 1571 E. MARSHALL BOULEVARD - NORMA KOBLER, APPLICANT - PAULINE KNOX, OWNER In a memorandum dated May 12, 1987, David Anderson, then Acting Planning Director, provided a Summary, Obser- vations and an Environmental Checklist concerning an application made by Norma Kobler for a change of zone from R-l, Single Family Residential to R-3, MUltiple Family Residential, on a .45 acre site located at 1571 Marshall Blvd., owned by Pauline Knox. (61) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the responses to comments be approved; that the Negative Dec- laration for environmental impact, which has been reviewed and considered, be adopted; that the findings and recom- mendation of the Planning Commission be approved and that the City Attorney be directed to prepare the necessary amendments to the Zoning Code. APPLICATION - CHANGE OF ZONE NO. 87-6 _ 3914 SEVERANCE AVENUE - DAVID DAY - CHARLES PETERSEN, OWNER/APPLICANTS In a memorandum dated May 13, 1987, David Anderson, then Acting Planning Director, provided a Summary, Obser- vations and an Environmental Impact Checklist concerning a request by David Day and Charles Petersen for a change of the land use zoning district from R-l, Single Family Resi- dential, to R-3, Multiple Family Residential, on .29 acre located at 3914 Severance Avenue. (62) Vince Bautista, Acting Planning Director, explained the purpose of the request being additional construction and answered questions regarding the maximum number of units which could be built on the property. He stated that the request is consistent with the General Plan, but that the zone change was recommended for denial because Severance Avenue is too narrow to support more traffic. Council Member Maudsley made a motion, seconded by Council Member Flores, that the findings and recommen- dation of the Planning Commission to deny Change of Zone 87-6, be approved. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: None. Abstain: Council Member Pope-Ludlam. (Item later reconsidered - See Page 29 ) 20 6/1/87 PRESENTATION - COUNCIL MEMBER ESTHER ESTRADA - OUR LADY OF GUADALUPE SCHOOL Esther Murillo, Principal of Our Lady of Guadalupe School, presented Council Member Estrada with a plaque of appreciation for her work on behalf of the school. (B) Esther Estrada, Council Member of the First Ward, accepted the plaque from Esther Murillo, who was accom- panied by students from the school. Cy Zermeno, member of the Board of Directors of Our Lady of Guadalupe School, spoke in appreciation of the work performed by Council Member Estrada. RES. 87-185 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO REDLANDS PAVING, INC. FOR THE RENOVATION OF CENTRAL CITY BUS STOPS. (Nine loca- tions) (Continued from earlier in meeting - See Page 9) (15) City Attorney Penman answered questions regarding changes in the contract with Redlands Paving, Inc. Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted with an amendment to the contract by interdelineation in Section 1, 1.102, definition 6 being changed to read "State or State of California". DISCUSSION - POLICY - APPROVAL OF CONTRACTS The Mayor and Common Council discussed the procedure of approving contracts and agreements as to form and con- tent. No formal action was taken. RES. 87-186 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MARINE BIOCHEMISTS OF CALIFORNIA, INC. RELATING TO PROVIDING LAKE MAINTENANCE SERVICES FOR SECCOMBE LAKE PARK. (Continued from earlier in meeting - See Page 10) (18) City Administrator Schweitzer reported that he con- tacted the vendor, there is no opposition to including the termination date of June 30, 1988, in the agreement with Marine Biochemists. City Attorney Penman recommended wording to be in- cluded in the agreement. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted with an amendment by interdelinea- tion to include an Item 12 to the agreement, stating that the agreement is to expire on June 30, 1988. Resolution 87-186 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.04.095 OF THE SAN BERNARDINO MUNICIPAL CODE CONCERNING THE REQUIREMENT FOR ROOFING IN HIGH WIND AREAS. (Continued from earlier in meet- ing - See Page 17) (39) 21 6/1/87 John Tucker, Director of Building and Safety, an- swered questions regarding the use of tile roofs and hur- ricane clips in high wind areas, how determination would be made of high wind areas, and requirements for mobile homes. The Mayor and Common ment of tile roofs and throughout the entire city, Council discussed the require- the use of hurricane clips not just in high wind areas. Director of Building and Safety Tucker answered ques- tions regarding the Uniform Building Code amendments, and the effect that a continuance of the ordinance might have on the viability of projects underway. Council Member Reilly made a motion, seconded by Council Member Estrada, that further reading of the ordi- nance be waived and that said ordinance be laid over for final passage. Council Member Flores stated that he is not prepared to vote for the ordinance until the ordinance requiring tile roofs is applicable to the entire city. The motion Council Members Miller. Noes: None. carried by the following vote: Ayes: Estrada, Reilly, Maudsley, Pope-Ludlam, Council Members Flores, Minor. Absent: COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that a public hearing be held at 2:00 p.m., Monday, June 15, 1987, during the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California, regarding the use of hurricane clips in the entire City. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMEND- ING THE LAND USE ZONING MAP, WHICH IS INCORPORATED 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, APPROXI- MATELY 153 FEET EAST OF SIERRA WAY), AND ADOPT I NG THE NEGAT I VE DECLARA T I ON FOR ENVIRONMENTAL REVIEW. (Continued from earlier in meeting - See Page 17) (40 ) ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMEND- ING THE LAND USE ZONING MAP, WHICH IS INCORPORATED 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 CENTER- LINE OF LEROY STREET), AND ADOPTING THE NEGAT I VE DEC LARA T I ON FOR ENVI RONMENTAL REVIEW. (Continued from earlier in meet- ing - See Page 17) (41 ) 22 6/1/87 ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMEND- ING THE LAND USE ZONING MAP, WHICH IS INCORPORATED 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 DEC- LARATION FOR ENVIRONMENTAL REVIEW. (Con- tinued from earlier in meeting - See Page 18) (42) City Administrator Schweitzer reported that investi- gation into the three proposed land use zoning map amend- ments concluded that no significant activity has occurred at any of the locations. No formal action was taken. DISCUSSION - ATTENDANCE OF CLOSED REQUESTED BY CITY ATTORNEY City Attorney Penman requested Common Council of the City of San Closed Session attendance. SESSIONS - that the Mayor and Bernardino discuss (47) City Attorney Penman described various scenarios of Closed Session discussions, the need for certain persons to be in attendance at these meetings and the possibility of the attendance of non-essential third parties at Closed Sessions destroying the Closed Session privilege. Ralph Hernandez, 5194 N. 3100 West Cedar City, Utah, former Council Member of the Third Ward, spoke of the need for the City Administrator to be present at Closed Ses- sions. No formal action was taken. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. RECESS MEETING - CLOSED SESSION At 3: 42 p.m., Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that the Common Council recess to Closed Session to consider personnel matters pursuant to Government Code Section 54957 to discuss personnel matters regarding the appeal made by Ed Lehman, AFSCME, Council 36, of the decision of the City's Disability Retirement Committee relative to Sally Alcarez, Custodian, Public Buildings. (52 & 58) CLOSED SESSION At 3:42 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman. Absent: City Administrator Schweitzer, City Clerk Clark. 23 6/1/87 I Also present were: Deputy City Attorney Wilson; Executive Assistant to the Mayor Bennecke. ADJOURN CLOSED SESSION At 4:00 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 4: 00 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: None. APPEAL - ED LEHMAN, AFSCME, COUNCIL 36 _ DECISION OF DISABILITY RETIREMENT COMMITTEE _ SALLY ALCAREZ, CUSTODIAN Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carr ied, that the City Administrator be authorized to negotiate a resolution regarding the City's Disability Retirement Committee deci- sion regarding Sally Alcarez, Custodian. (52) CONTRACTS AND PERFORMANCE - CUSTODIAL SERVICES BY PUBLIC BUILDINGS PERSONNEL In a memorandum dated May 28, 1987, Jim Richardson, Deputy City Administrator/Development, provided formal complaints received by the Public Buildings Superintendent regarding contracted custodial services at various public buildings. (S-3) City Engineer Hardgrave explained the bid process in selecting outside custodial services. Wayne Overstreet, Superintendent of Public Buildings/ Parking Control, answered questions and stated that he had recommended firing one of the firms employed by the City in February, 1987. E. D. Davis, of Aerial Service Corporation, con- tracted to provide custodial services for the Police Department, spoke regarding the adjustments in service that were made when complaints were received. Lt. John Klein, San Bernardino Police Department, expressed dissatisfaction with the quality of work and non-performance of scheduled work by the custodial ser- vice. He distributed pictures of conditions in the police Department and cited the problems they had experienced. E. D. Davis, Aerial Service Corporation, and Adam Heller of Gibson Bros., objected to the manner in which the specifications had been prepared and cited this as the cause of the problem. Jim Richardson, Deputy City Administrator/Develop- ment, explained why a decision was necessary by the Mayor and Common Council, as the City is nearing the end of the fiscal year. 24 6/1/87 Council Member Estrada made a motion, seconded by Council Member Reilly, that the current custodial con- tracts be allowed to expire on June 30, 1987, and that the Public Buildings Division be authorized to perform custo- dial services for a one-year period, beginning July 1, 1987, at all City facilities; further, that the Personnel Department be authorized to recruit for additional staf- fing and provide a six-month status report on City-per- formed services. The motion Council Members Council Members ber Pope-Ludlam. carried by the following vote: Ayes: Estrada, Reilly, Flores, Minor. Noes: Maudsley, Miller. Abstain: Council Mem- Absent: None. COMMITTEE APPOINTMENTS - OFFICE OF THE COMMON COUNCIL In a memorandum dated May 26, 1987, Council Estrada and Reilly requested the appointments of Council Members to Council Committees. Members certain (48 ) Discussion ensued regarding the committee appoint- ments. Jack Reilly, Senior Council Member, read the follow- ing list of recommended committee assignments: Officers of Council Designated by Council Council Parliamentarian Minor Council Committees Regular Meetings Legislative Review Committee 1st & 3rd Thursday of month, 1:30 p.m. Reilly, Ch.; Maudsley, Minor Personnel Committee 1st & 3rd Thursday of month, 10:00 a.m. - Reilly, Ch.; Minor, Pope-Ludlam Redevelopment Committee 1st & 3rd Thursday of month, 4:00 p.m. - Estrada, Ch.; Flores, Maudsley Ways & Means Committee 2nd & 4th Monday of month, 1:30 p.m. - Estrada, Ch.; Flores, Miller Council Committees - At Call of Chairman Absentee Ballot Ad Hoc Estrada, City Atty., City Clerk Annexation Ad Hoc Miller, Ch.; Reilly, Maudsley Bingo Ad Hoc Maudsley, Ch.; Estrada, Miller Blue Ribbon General Obligation Bond Mayor Wilcox; Estrada 25 6/1/87 Building & Safety Oversight Central Garage Division Ad Hoc Committee to Consider RFP for Public Enterprise Center "E" St. Revitalization Five Cities Authority/OSC 2010 Task Force Committee Greenbel t Ad Hoc High Groundwater Hotel Ad Hoc Housing Low/Moderate Income Mobile Home Park Ad Hoc Parks, Recreation & Community Services Study Ad Hoc Police Building Ad Hoc RDA - Central City East Study RDA - Central City South Study RDA-SW Corridor Rail Service Seccombe Lake Area Transportation Tri-City Project Area Pope-Ludlam, Ch.; Estrada, Flores Estrada, Ch.; Reilly, Pope-Ludlam Estrada, Reilly, Flores Estrada, Ch.; Mayor Wilcox; Reilly, Miller Estrada, Maudsley (Alt.) Estrada, Ch.; Mayor Wilcox Minor, Ch.; Maudsley, Miller Estrada, Ch.; Reilly, Flores Estrada, Ch.; Minor, Miller Minor, Ch.; Estrada, Pope-Ludlam Flores, Ch.; Pope- Ludlam, Minor Miller, Ch.; Reilly, Estrada Estrada, Ch.; Maudsley, Minor Reilly, Ch.; Estrada, Pope-Ludlam Estrada, Ch.; Reilly, Flores Maudsley, Ch.; Estrada, Flores Estrada, Ch.; Reilly, Mi ller Pope-Ludlam, Ch.; Estrada, Maudsley Flores, Ch.; Reilly, Estrada Outside Committees Authority for Handicapped East Valley Airport Land Use General Plan Task Force 26 3rd Friday of alternate month, 3:00 p.m. - Reilly, Minor (Alt.) 3rd Wed. of month, 4:30 p.m. - Reilly, Miller (Alt. ) Reilly, Ch. 6/1/87 Joint Powers Authority for a Greater San Bernardino Reilly LAFCO Reilly Omnitrans Board 1st Wed. of month, 8:00 a.m. - Mayor Wilcox SAN BAG 1st Wed. of month, 9:00 a.m. - Mayor wilcox City Attorney Penman recommended that if the Mayor and Common Council wish to consider the Redevelopment Committee assignments that they must go into Redevelopment Session. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the membership of the various Council Committees and officers for 1987-88 as listed, be approved with the exception of the Redevelopment Committee; and that the City Clerk be directed to place the following on the Council Agenda for the second meeting in April, 1988: "Formation of a Coun- cil Committee to develop a 'Committee Rotation Plan' and report back to the Mayor and Common Council at the first meeting in June, 1988." REDEVELOPMENT AGENCY - REGULAR MEETING _ CONTINUED FROM EARLIER IN MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman Wilcox in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. REDEVELOPMENT COMMITTEE APPOINTMENTS By Redevelopment Agency action, the appointments were made of Council Member Estrada as Chairman of the Redevelopment Committee and Council Members Flores and Maudsley as members of the committee. (R-10) REDEVELOPMENT AGENCY HOTEL AD HOC COMMITTEE APPOINTMENTS In a memorandum dated May 27, 1987, Glenda Saul, Executive Director of the Redevelopment Agency, recommend- ed that the vacancies of the Fifth and Seventh Wards on the Hotel Ad Hoc Committee be filled. (R-ll) By Redevelopment Agency action, the appointments were made of Council Members Estrada, Chairman, Minor and Mil- ler to the Hotel Ad Hoc Committee. ADJOURN REDEVELOPMENT AGENCY - REGULAR MEETING At 5: 25 p.m., the Regular Meeting of the Redevelop- ment Agency adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, Cali- fornia, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. LEGISLATIVE REVIEW COMMITTEE - MEETING HELD MAY 28, 1987 The minutes of the Legislative Review Committee Meet- ing held May 28, 1987, were presented as submitted by former Council Member Strickler, former Chairman of the Legislative Review Committee. (50) 27 6/1/87 City Clerk Clark requested that action be taken on Item E of the minutes of the Legislative Review Committee Meeting held May 28, 1987, concerning a resolution con- firming costs of abatement of public nuisances and impos- ing liens on certain real property located within the City for the costs of abatement. Manuel Moreno, Jr., Director of Public Services, answered questions. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the matter concerning abatement costs and imposition of liens on real property located within the City for costs of abatement, be continued to the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Ber- nardino to be held June 8, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously carried, that the approval of the minutes of the Legislative Review Commit- tee Meeting held May 28, 1987, be continued to the Ad- journed Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held June 8, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. FOURTH WARD PARK EXTENSION FUNDS - PROTECTIVE BALLFIELD SCREEN - GOLDEN VALLEY JR. HIGH _ CONTINUED FROM MAY 18, 1987 This is the time and place continued to for consi- deration of the expenditure of $3,120 from Fourth Ward Park Extension Funds for the construction of a 20' x 85' protective screen at Golden Valley Jr. High School Ball- field. (51) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that con- sideration of the expenditure of $3,120 from Fourth Ward Park Extension Funds for the construction of a 20' x 85' protective screen at Golden Valley Jr. High School Ball- field, be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held July 6, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. URGENCY AMENDMENT - MUNICIPAL CODE SECTION 19.28.060 - ZONING, C-3 GENERAL COMMERCIAL DISTRICT - VERBAL REPORT BY CITY ATTORNEY This is the time and place set for a verbal report by the City Attorney concerning his request that an urgency amendment be considered for Municipal Code Section 19.28.060 regarding zoning of C-3 General Commercial Dis- tricts. (53) Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that the matter concerning amending Municipal Code Section 19.28.060 be continued to the June 8, 1987, Adjourned Regular Meeting of the Mayor and Common Council. TRANSFER OF RISK MANAGEMENT DIVISION FROM OFFICE OF CITY ADMINISTRATOR TO OFFICE OF CITY ATTORNEY This is the time and place set for consideration of a request from the City Attorney to transfer the Risk Man- agement Division from the Office of the City Administrator to the Office of the City Attorney. (54) 28 6/1/87 Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the matter concerning the transfer of the Risk Management Division from the Office of the City Administrator to the Office of the City Attorney be continued to the June 8, 1987, Adjourned Regular Meeting of the Mayor and Common Council. WAYS AND MEANS COMMITTEE MEETING REPORT _ MAY 26, 1987 This is the time and place set for consideration of the minutes of the Ways and Means Committee Meeting held May 26, 1987, as submitted by former Council Member Fra- zier, the former Chairman of the Ways and Means Committee. (49 ) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that con- sideration of the minutes of the Ways and Means Committee Meeting held May 26, 1987, be continued to the Adjourned Regular Meeting of the Mayor and Common Council to be held June 8, 1987. RECONSIDERATION - CHANGE OF ZONE 87-6 _ R-l SINGLE-FAMILY RESIDENTIAL TO R-3 MULTIPLE FAMILY RESIDENTIAL - DAVID DAY AND CHARLES PETERSEN - 3914 SEVERANCE AVENUE - FROM EARLIER IN MEETING (See Page 20 ) Council Member Reilly made a motion, seconded by Council Member Estrada, that the application made by David Day and Charles Petersen, owners of property located at 3914 Severance Avenue, for Change of Zone No. 87-6 to change the land use zoning designation from R-l, Single Family Residential to R-3, MUltiple Family Residential, be reconsidered from earlier in the meeting, as the appli- cants were not able to be present at the Council Meeting when the item was heard. (62) The motion carried by the following vote: Council Members Estrada, Reilly, Flores, Maudsley, Ludlam, Miller; Noes: Council Member Minor; Absent: Ayes: Pope- None. Council Member Maudsley made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the reconsideration of the application for Change of Zone 87-6 be placed as the first item on the Agenda for the June 8,1987, Adjourned Regular Meeting of the Mayor and Common Council. CLOSED SESSION This is the time and place set for a Closed Session pursuant to Government Code Section 54957.6 to meet with designated representatives to discuss labor relations regarding firefighters. (59) Council Member Minor made a motion, seconded by Coun- cil Member Estrada and unanimously carried, that the Closed Session to discuss labor relations regarding fire- fighters be continued to the Adjourned Regular Meeting of the Mayor and Common Council to be held June 8, 1987. RECESS MEETING At 5:55 p.m., Council Member Minor made a motion, seconded by Council Member Estrada and unanimously car- ried, that the meeting be recessed until 7:30 p.m. 29 6/1/87 RECONVENE MEETING At 7:33 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Millers; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: None. DISCUSSION - SEWER PROJECT - BRYN MAWR This is the time and place set for consideration of the request of Ralph Hernandez, 5194 N. 3100 W. Cedar City, Utah, former Council Member, that the City of San Bernardino allow the City of Lorna Linda to provide an outside sewer connection to approximately 57 residents in the Bryn Mawr area. (55) Bernie Kersey, Director of Administration and Finance for the Water Department, stated that the Water Board had discussed, reviewed and decided not to oppose this re- quest. When City Attorney Penman was asked for the legality of the matter, he explained that he had not had an oppor- tunity to review the request and documentation presented, and asked for a continuance. Bernie Kersey, Director of Administration and Finance for the Water Department, answered questions of the Mayor and Common Council. City Administrator Schweitzer gave a status report of the City's sewer capacity rights which are available for sale. Bernie Kersey, Director of Administration and Finance for the Water Department, stated that Lorna Linda had no sewer capacity rights available and that the 57 needed by Bryn Mawr would have to come out of the regional pool, which is shared by East Valley Water District, Lorna Linda and San Bernardino. He explained what would happen if the City ran out of sewer capacity rights. Mayor Wilcox referred to a suggestion from Barbara Cram Riordan, County Supervisor, that septic tanks be installed in the Bryn Mawr area. Former Council Member Hernandez opposed the concept and explained his reasoning. Ken Henderson, Director of Community Development, explained the distribution of Community Development Block Grant Funds regarding the sewer. Bernie Kersey, Director of Administration and Finance for the Water Department, explained that additional capa- city rights would require the construction of new faci- lities, and that the only way to acquire more sewer capa- city rights is to repurchase them from developers who have bought them. 30 6/1/87 He stated that if all sewer capacity rights are sold, the City might have to impose a moratorium on adding capa- city to the sewage treatment plant. Mayor Wilcox suggested that County Supervisor Rior- dan, Third district, be contacted for her thoughts on the matter. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the matter concerning sewers in Bryn Mawr be continued to the Regular Meeting of the Mayor and Cornmon Council to be held June 15, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. STATUS REPORT - AGREEMENTS ASSUMED BY CITY FROM ECONOMIC DEVELOPMENT COUNCIL In a memorandum dated May 21, 1987, Ken Henderson, Director of Community Development, provided a summary of the agreements the city has assumed from the Economic Development Council. (S-l) Ken Henderson, Director of Community Development, answered questions regarding Option House and collection policies and procedures. Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the staff report on the status of agreements assumed by the City from the San Bernardino Economic Development Council under its Revolving Loan Program be received and filed, and that staff be directed to take appropriate action. SCHEDULING OF BUDGET STUDY SESSIONS _ PREPARATION OF NOTICE OF SPECIAL COUNCIL MEETING In a memorandum dated May 27, 1987, City Administra- tor Schweitzer provided the preliminary proposed budget summary for the Fiscal Year 1987/88 with revenue and ex- penditure data for next year. (S-2) Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that the first budget hearing be held at 9:00 a.m., June 8, 1987; that the entire matter be continued to June 8, 1987 to set more Budget Study Sessions and that proper notifications be prepared for a special "brief" Council Meeting on June 29, 1987, for the purpose of adopting an annual appropria- tions limit resolution and the resolution adopting the Annual Budget for FY 1987/88. RES. 87-187 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING SECTION FOUR OF RESOLUTION NO. 87-144, RELATING TO BID DA TE . (Real property - Garner & Colima Road) (S-4 ) City Clerk Clark read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that fur- ther reading of the resolution be waived and that said resolution be adopted. Resolution No. 87-187 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. 31 6/1/87 SCHEDULE PUBLIC HEARING - PROPOSED REFUSE COLLECTION RATES In a memorandum dated May 28, 1987, Director of Pub- lic Services Moreno stated refuse collection fees have not been increased since 1983, and that rising dumping fees at County landfill sites, as well as inflationary increases in the costs of labor, parts, equipment, refuse containers and other materials, services and supplies, necessitate a refuse collection fee increase. (S-5) Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the proposed increase in refuse collection rates, to be effective July 1, 1987, be set for Public Hearing and discussion at the Regular Council Meeting to be held on June 15, 1987, and that the City Clerk be authorized to advertise the Public Hearing. REPORT - RELOCATION OF WEST SIDE DROP-IN CENTER - WEST SIDE UTILITY COLLECTION CENTER CATV FUNCTION TO PUBLIC ENTERPRISE FACILITY - EXPANSION OF DOROTHY INGHRAM LIBRARY This is the time and place set for a report regarding the relocation of the West Side Drop-In Center, the West Side Utility Collection Center CATV function to the Public Enterprise Facility and the expansion of the Dorothy Inghram Library. (S-6) Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the report regarding the relocation of the West Side Drop-In Center, the West Side Utility Collection Center CATV func- tion to the Public Enterprise Facility and the expansion of the Dorothy Inghram Library, be continued to the Ad- journed Regular Meeting of the Mayor and Common Council to be held June 8, 1987. RECESS MEETING - CLOSED SESSION At 8:45 p.m., Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, to recess to Closed Session under the authority of Govern- ment Code Section 54956.9(b) (1) to discuss pending liti- gation. The title of the litigation is Saldecke, et al. ~~_~l!~~an Bernardino, et aI, San Bernardino Superior Court No. 236836. (56 & 57) CITY CLERK CLARK EXCUSED City Clerk Clark left the Council Meeting. CLOSED SESSION At 8:45 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Pen- man. Absent: City Clerk Clark, City Administrator Schweitzer. ADJOURN CLOSED SESSION At 9:02 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 32 6/1/87 RECONVENE MEETING At 9:02 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Pen- man, City Clerk Clark, City Administrator Schweitzer. Absent: None. ADJOURNMENT At 9:02 p.m., Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the meeting be adjourned to 9:00 a.m., June 8, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. (R-14b) ~~z?f# City Clerk 33 6/1/87