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HomeMy WebLinkAbout10-19-1987 Minutes City of San Bernardino, California October 19, 1987 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:06 am., Monday, October 19, 1987, in the Coun- cil Chambers of City Hall, 300 North "0" Street, San Ber- nardino, California. INVOCATION The Invocation was given by Monsignor John Bradley, St. Bernardine's Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tempore Flores. 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 Clerk Clark, City Administrator Schweitzer. Absent: City Attorney Penman. PUBLIC COMMENTS Bud Ammons, local businessman, stated charges for the recall of Mayor Wilcox, and asked the Council to take a vote of confidence. (A) CITY ATTORNEY PENMAN ARRIVED At 9:10 a.m., City Attorney Penman arrived at the Council Meeting. James Penman, City Attorney, stated that during this part of the Council Meeting, brief comments made by the general public may be heard, but that no official action may be taken. COMMENDATION - BOB PARKER - CITIZEN - EMERGENCY ACTION Richard Bennecke, Executive Assistant to the Mayor, read a commendation of the Mayor of the City of San Ber- nardino, commending Bob Parker, local businessman, for his emergency action taken when a car, owned by Pamela Langs- ford, caught on fire on Mt. Vernon Avenue. (B) Mr. Parker, owner of the Pioneer Chicken on Baseline and Mt. Vernon Avenue, was present to accept his commen- dation. PROCLAMATION - RED RIBBON WEEK - OCTOBER 25 - 31, 1987 - JUST SAY NO TO DRUGS Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino, proclaiming October 25 - 31, 1987, as Red Ribbon Week, "Just Say No To Drugs", sponsored by the San Bernar- dino County Office of Alcohol and Drug Programs. (B) Jeri Simpson, Executive Director of the San Bernar- dino Community Against Drugs, and Gerald Newcombe, Board Chairman, were present to accept the proclamation. The San Bernardino High School band gave a musical kick-off to Red Ribbon Week. 1 10/19/87 APPOINTMENT - BUILDING COMMISSION - SECOND WARD - DAN B. WESTWOOD, SR. In a memorandum dated October 9, 1987, Mayor wilcox requested the appointment of Dan B. Westwood, Sr., 1670 N. Lugo, San Bernardino, California 92404, to the Building Commission, to represent the Second Ward. (S-l) Council Member Minor made a motion, seconded by Coun- cil Member Flores and unanimously carried, that the appointment of Dan B. Westwood, Sr., to the Building Com- mission, as requested by Council Member Reilly, be approved. Shauna Clark, City Clerk, administered the Oath of Office to Commissioner Westwood. APPROVAL OF MINUTES - SEPTEMBER 28, 1987 Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the September 28, 1987, meeting of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form. (1) APPROVAL OF MINUTES - OCTOBER 5, 1987 Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the October 5, 1987, meeting of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form. (2) WARD EXPENDITURE - PARK IMPROVEMENTS - FISH FOR SECCOMBE LAKE In a memorandum dated October 8, 1987, Annie Ramos, Director of Parks, Recreation and Community Services, requested that Park Extension funds be used for the pur- chase of two fish plantings, approximately one ton of fish per planting, for Seccombe Park Lake. (3) Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that $6,000 from Park Extension Funds be approved for the purchase of fish for stocking Seccombe Lake. ASSESSMENT DISTRICT - INDUSTRIAL PARKWAY - AUTHORIZATION TO PROCEED In a memorandum dated October 6, 1987, Roger Hard- grave, City Engineer, requested the formation of an Assessment District, as letters of petition have been received from 90.86% of the property owners to be assessed, for the installation of curbs, gutters, paving and street lights near Industrial Parkway, southeasterly of Palm Avenue. (4) Council Member Estrada made a motion, seconded by Council Member Miller 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 the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915 for the installation of curbs, gutters, paving and street lights in portions of Industrial Parkway, southeasterly of Palm Avenue in the City of San Bernardino, and to do all things necessary to bring the project to a timely completion. 2 10/19/87 TRAFFIC SIGNALS - UNIVERSITY PARKWAY AND NORTH PARK BOULEVARD - ACCEPTANCE OF OFFER OF PARTICIPATION - CALIFORNIA STATE UNIVERSITY In a memorandum dated October 8, 1987, Roger Hard- grave, City Engineer, stated that California State Univer- sity has offered to contribute $50,000 towards the cost of traffic signals for the intersection of University Parkway and Northpark Boulevard. (6) Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the offer from California State University San Bernardino to participate in the cost of installing traffic signals at University Parkway and Northpark Boulevard, in the amount of $50,000, be accepted; that $50,000 of unallocated Federal-Aid Urban Funds be budgeted, under Account No. 242-362-57375, for the installation of traffic signals at University Parkway and Northpark Boulevard; and that the transfer of $15,000 from Account No. 772-301-24505, to Account No. 242-362-57375, "Signals - University Parkway and Northpark Boulevard", be approved. TRAFFIC SIGNALS - 40TH STREET AND MT. VIEW AVENUE - FEDERAL-AID URBAN FUNDS In a memorandum dated October 8, 1987, Roger Hard- grave, City Engineer, stated that traffic signal instal- lation is needed at the intersection of 40th Street and Mt. View Avenue due to the opening of the Sierra Gateway Center. Traffic signals should be installed prior to or concurrently with the upcoming widening of 40th Street in order to avo id di sturb i ng the street improvemen ts. (8) Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the allocation of $100,000 of Federal-Aid Urban funds to Account No. 242-362-57391, "Traffic Signals - 40th Street and Mt. View Avenue, be approved; and that the allocation of $2,500 from unappropriated funds in the Street Con- struction Fund, to Account No. 242-362-57391, "Traffic Signals - 40th Street and Mt. View Avenue", be approved. CLAIMS AND PAYROLL Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the claims and payrolls, and authorization of issuance of warrants as listed on the memorandum from the Director of Finance, be approved as follows: (10) 1. Approve the register of demand dated: September 23, 1987 September 30, 1987 87/88 #11 87/88 #12 $ 696,261.85 1,655,555.68 2. Approve the total gross payroll for the period September 14, 1987, through September 27, 1987, in the amount of $1,362,592.67. PERSONNEL ACTIONS Council Member Estrada made a motion, seconded by Council Member Miller 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 as follows: (11) 3 10/19/87 APPOINTMENT City Clerk's Office Regina M. Elliott - Typist Clerk II - Effective October 20, 1987 Police Department Raymond W. King - Police Officer - Effective November 9, 1987 Central Garage Equipment Mechanic I - Effective October 26, 1987 Jeffrey E. Edwards David J. Sowers APPOINTMENT/TEMPORARY Parks, Recreation & Community Services Keith Walker - Senior Recreation Leader - Effective October 20, 1987 through April 19, 1988 Recreation Aide - Effective October 20, 1987 through April 19, 1988 Dana Briscoe Barbara Fabela Alex King Kimberly Smi th Priscilla Cisneros Jeffrey Haight Michelle McDonell Willie Winslett Recreation Leader - Effective October 20, 1987 through April 19, 1988 Arthur Appel Rita Heard Marcus portley Vela Brown Betty Hernandez Rosemarie Rowley Public Buildings Custodial Aide I - Effective October 20, 1987 through April 19, 1988 John H. Davis Harry K. Webb Rudy P. Gasca Donald W. Thompson PROMOTION/TEMPORARY Public Buildings Custodial Aide II - Effective November 3, 1987 through May 2, 1988 Robert A. Diaz Martin R. Sifuentes Custodial Aide II - Effective October 20, 1987 through April 19, 1988 Robert L. Elston Jose Garcia Faamasino Faamasino Modesto Perez Custodial Aide II - Effective November 17, 1987 through May 16, 1988 Ernesto L. Jaramillo Brian K. Robbins Ken M. Robbins - Custodial Aide III - Effective October 20, 1987 through April 19, 1988 COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. 4 10/19/87 CENTRAL GARAGE - REPORT OF BIDS - INSTALLATION OF TWO, THREE-POST HOISTS In a memorandum dated October 8, 1987, Roger Hard- grave, City Engineer, stated that two bids were received for the installation of two three-post hoists in the Cen- tral Garage. The lowest bid is 60.9% over the Engineer's Estimate of $60,000. (5) Ray Schweitzer, City Administrator, answered ques- tions regarding the costs of installing the hoists, and the effect of having two hoists instead of three with which to operate the Central Garage. The City Engineer will revise the contract for the installation, and a re- view will be made to determine if City employees can per- form some of the work. Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the bids received on September 28, 1987, for installation of two three-post hoists in the Central Garage, in accordance with Plan No. 7315, be rejected; the Director of Public Works/City Engineer be authorized to revise the contract documents to include the control unit and one hoist in the Basic Bid, and the second hoist as an Additive Alternate, and to readvertise for bids. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council Meeting and took her place at the Council Table. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. STREET DEDICATION - LAMARR STREET, SOUTH OF ETIWANDA AVENUE - LOT "A", NORTHERLY TERMINUS OF LAMARR STREET, TRACT NO. 8969 In a memorandum dated September 28, 1987, Roger Hard- grave, City Engineer, stated that Lamarr Street is in- tended to be extended upon development of a vacant parcel in the City of Rialto, and a temporary cul-de-sac has been constructed to provide a turn-around. A one-foot parcel at the north end of Lamarr Street is listed as Lot "A" on the tract map. (7) A tract has been approved on the parcel of land to the north of Lamarr Street by the City of Rialto. Residents of Lamarr Street have expressed the desire that the street not be opened for through traffic. Jim Penman, City Attorney, answered questions regard- ing the need for findings for health and safety reasons. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the matter concerning the acceptance of Lot "A" on Lamarr Street as a public street right-of-way upon completion of stipulated conditions, be continued to the Regular Meeting of the Mayor and Common Council to be held Monday, Novem- ber 2, 1987, in the Council Chambers of City Hall, 300 North "D" S~reet, San Bernardino, California. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. 5 10/19/87 CDBG DEMOLITION ASSISTANCE FUNDS - LANG'S EMPIRE BUILDING MATERIALS - 940 W. SECOND STREET In a memorandum dated October 7, 1987, Ken Henderson, Director of Community Development, stated that Empire Building Materials, 940 W. Second Street, was destroyed by fire in July, 1987. The Fire Department has issued a citation for clearance of the site. Mr. Lang, owner of Empire Building Materials, has requested funding for the demolition from the CDBG Demolition Assistance Program. (9) The Community Development Citizens Advisory Committee recommended approval of the loan subject to several con- ditions. James Penman, City Attorney, answered questions re- garding the bid procedure for the demolition work. Lisa Dickey, Community Development Specialist, an- swered questions regarding bid procedures followed by the Community Development Department. The time frame involved in this matter as it relates to the Fire Department was discussed. Ray Schweitzer, City Administrator, stated that he would review the bid procedure and come back with details. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the matter concerning demolition assistance funds for Empire Building Materials be continued until later in the meeting so that the bid procedure can be reviewed. (See Page 22) READING AND WAIVING OF RESOLUTIONS Shauna Clark, City Clerk, read the titles of all of the resolutions on the Council Agenda. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that fur- ther reading of the resolutions be waived. RES. 87-370 - RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF FIRST AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT WITH THE COUNTY OF SAN BERNARDINO AND THE REDE- VELOPMENT AGENCY CITY OF SAN BERNARDINO WHICH AUTHORIZES A QUORUM OF THREE (3) FOR THE SAN BERNARDINO CIVIC CENTER AUTHORITY COMMIS- SION. (13) Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-370 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-371 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO WHITTAKER CORP. FOR THE FURNISHING AND DELIVERY OF TEN THOU- SAND (10,000) REFLECTIVE TRAFFIC LANE MARKERS TO BE UTILIZED BY THE PUBLIC SERVICES/STREET DEPARTMENT IN ACCORDANCE WITH BID SPECIFI- CATION F-88-03. (15) 6 10/19/87 council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-371 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. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE RE- MARKETING OF APPROXIMATELY $9,350,000 PRIN- CIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVENUE REFUNDING BONDS. (PUMALO PALMS PROJECT) (12) Maurice Oliva, Housing Development Specialist, an- swered questions regarding the financing of the Pumalo Palms Project, stating that the bond underwriter receives the commission on the sale of the bonds, the City receives 1% of the bond amount for administrative costs and future monitoring required by the State of California, and the developer pays for Bond Counsel Trustee fees and the underwriter's commission. J ames Penman, City At to r ney, answer ed quest ions, stating that the problem is not the City's liability, it is the expense the City incurs in Bond Counsel fees and hidden costs of the bond. Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that the resolution be continued to later in the meeting. (See Page 17) COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. RES. 87-372 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DR. TIEN-CHANG LEE RELATING TO EVALUATION OF GEOLOGIC REPORTS AND LIQUE- FACTION REPORTS. (14) James Penman, City Attorney, answered questions re- garding the City's obligations in the contract. Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-372 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. COUNCIL MEMBERS MAUDSLEY AND POPE-LUDLAM EXCUSED Council Members Maudsley and Pope-Ludlam left the Council Meeting. RES. 87-373 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MODIFICATION OF SAN BERNARDINO, CALIFORNIA MINORITY BUSINESS PROGRAM AND AMENDING EXHIBIT "A" OF RESOLU- TION NO. 81-579 TO DELETE THE NAME OF GLENN WILSON AS LIAISON OFFICER. (16) 7 10/19/87 Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 87-373 was adopted vote: Ayes: Counc i 1 Members Es tr ada, Minor, Miller. Noes: None. Absent: Maudsley, Pope-Ludlam. by the following Reilly, Flores, Council Members RES. 87-374 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO REDLANDS PAVING, INC., FOR CONSTRUCTION OF SIDEWALKS ON BASELINE STREET, HIGHLAND AVENUE AND SOUTH "E" STREET. (17) Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the transfer of $10,500 from unallocated 1986/87 SB 325 Funds to Acct. No. 122-353-57060, "Insta11ation of Sidewalks -Baseline St., Highland Ave., and South 'E' St.", be approved. Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 87-374 was adopted vote: Ayes: Council Members Estrada, Minor, Miller. Noes: None. Absent: Maudsley, Pope-Ludlam. by the following Reilly, Flores, Council Members ORDINANCE OF THE CITY OF SAN BERNARDINO PRO- VIDING THAT RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON JULY 1, 1987, AND TEMPORARILY PROHIBITING RENTAL INCREASES THEREFOR, AND DECLARING THE URGENCY THEREOF. (Continued from October 5, 1987) (Final) (18) Council Member Estrada made a motion, seconded by Council Member Minor and unanimously carried, that said ordinance be continued to November 2, 1987. COUNCIL MEMBER MAUDSLEY RETURNED Council Member Maudsley returned to the Council Meet- ing and took his place at the Council Table. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Table. APPEAL HEARING - BOARD OF WATER COMMISSIONERS' DENIAL OF SEWER SERVICE - 4380 DAVID WAY - RUSSELL STURGEON - CONTINUED FROM OCTOBER 5, 1987 This is the time and place continued to for an appeal hearing requested by Russell Sturgeon, concerning the decision of the Board of Water Commissioners to deny sewer service to 4380 David Way. (19) Mayor Wilcox opened the hearing. Ray Schweitzer, City Administrator, stated that a request to table the matter has been received from Mrs. Sturgeon, as they have decided to sell the property at 4380 David Way. Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the hearing concerning sewer service to property at 4380 David Way, be closed and that the matter tabled. 8 10/19/87 PERSONNEL COMMITTEE MEETING MINUTES - OCTOBER 8, 1987 Council Member Reilly, Chairman of the Personnel Committee, presented the minutes of the Personnel Commit- tee Meeting held October 8, 1987, at which time the fol- lowing items were discussed: (22) 1. Insurance for Surviving Spouses of Retirees Item continued. City Admini- strator provided a synopsis of actions taken to date. Retired members expressed their concerns regarding representation. Before re-addressing this issue, the Committee recommended that Personnel host retirees to a comprehensive briefing. 2. ~ala~--B.at~tudy - Position of City Treasurer - Item continued to October 22. 3. ~ala~Rate Study - position of Director of Community Development - Item continued to October 22. 4. Q.iscussion of Proposed Job Descriptions for CATV - The Committee recommended approval of the CATV positions, to be paid from TV Franchise fees. The job descriptions were coordinated with Personnel and were also recommended for approval. 5. Data Processing Consultant position -The Committee recommended approval. This con- tracted position was included in the budget. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the Council Personnel Committee meeting held October 8, 1987, be received and filed. COUNCIL MEMBERS MINOR AND POPE-LUDLAM RETURNED Council Members Minor and Pope-Ludlam returned to the Council Meeting and took their places at the Council Table. LEGISLATIVE REVIEW COMMITTEE MEETING MINUTES - OCTOBER 8, 1987 Council Member Reilly, Chairman of Review Committee, presented the minutes held October 8, 1987, at which time the were discussed: the Legislative of the meeting fOllowing items (23) 1. Review of Smoki~rdinanc~ - The Com- mittee, on a 2-1 vote (Minor-No) recommended the attached City Attorney version of a smoking ordinance for forwarding and adoption by the Council. Changes were made to pages 2 and 6. Councilman Minor preferred the ori- ginal submission of the No Smoking Coal- ition. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that a pub- lic hearing be set regarding the No Smoking Ordinance for 9:00 a.m., Monday, October 26, 1987, in the Council Cham- bers, City Hall, 300 North "D" Street, San Bernardino, California. 9 10/19/87 2. Greenbelt Study - Item continued for 30 days to November 12 meeting. Coordination between Planning, Building and Safety, Fire, Public Services and City Attorney are re- quired prior to resubmission to the Commit- tee. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the Parks, Recreation and Community Services Department be added to the list of departments coordinating the Green- belt Study. 3. Review of Alarm/Sprinkler Ordinance for Multi-Family - Item continued for 60 days. The Committee referred the recommended ordi- nance to the Fire and Building and Safety Commissions for their perusal and input. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the Alarm/Sprinkler ordinance also be referred to the Water Department, and that it pertains to residential, not multi-family. 4. Report from City Administrator Describing Possible Alternatives to Functions of Risk Management Division - Item continued. 5. General Vehicle Usage Report - Item con- tinued. 6. Proposed Development Procedure - Item continued. 7. !:~l Opinion on Crossing Guards - Item continued. 8. Closed Session Partici~~~olicies - Item continued. 9 . ~i.!Y..'..~ em 0 I!....!: i 0 !!.--.!:~iEY - I t e m con- tinued. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the Council Legislative Review Committee meet- ing held October 8, 1987, be received and filed. HOUSING LOW/MODERATE INCOME COMMITTEE MEETING MINUTES - OCTOBER 9, 1987 Council Member Minor, Chairman of the Housing Com- mittee, presented the minutes of the meeting held October 9, 1987, at which time the following items were discussed: (24) 1. Proposed Concept Paper - Acquisition/Re- habilitation Pro~ram~~~ud Acquired Pro perties - Item continued. Extensive discus- sion took place. Issues that were posed on Council floor at October 5, meeting were answered by Mr. Trauth as follows: a) Why not do program by buying large blocks (50-250) of property at one time? Process cannot work that way auctions are periodic and the largest acquired at one time would be ten. since block 10 10/19/87 - Buying blocks that large would not be economically feasible. Large blocks would not provide sufficient spread to make money on. The City could not be selective and could not do specific targeting. b) The program does nothing for renters or the homeless? - True. That is not part of this pro- gram. This program is for the homebuyer. If homebuyer goes into default, the property goes back to the City, not HUD. c) What about rent skimming? - There are laws against this. Also, since homes are purchased, problems with rents are avoided. d) Since lenders only loan 513%, the program won't work. - This program isn't for real property. It fixes up to 813%, the contractor is selected, the dollars are available. e) The program will cut into realtors mar- ket. - This program is a small It needs special treatment. vention is justified. volume program. Public inter- f) High cost of rehab and acquisition causes home costs to be prohibitive to the homeowner that the program is trying to reach. Problem qualifying owners. - The program would have list of strong developers willing to negotiate. Also, would have a list of homebuyers so that if one drops out, another can jump in. There would be rapid loan turnover. The program would go on a trial basis with two or three homes at first. The committee recommended a further analysis and refinement of the concept with a look at the "VA angle" and the Van Osdel Program. Program strategy will be presented as soon as ready, but not later than second meeting in November. 2. Discussion of Housing Market Study - Item continued. Community Development will draft a comprehensive Housing POlicy paper out- lining an 18-month future strategy addressing balanced housing mix, upscale housing (dif- ferent defini tions to di fferent areas), senior citizen housing, and how the City can facilitate the policy. 3. Committee Name - The Committee recom- mended changing the name of the Committee to Housing Committee. 11 113/19/87 council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the minutes of the Housing Low/Moderate Income Committee meet- ing held October 9, 1987, be received and filed. Council Member Minor made a motion, seconded by Coun- cil Member Estrada and unanimously carried, that the name of the Housing Low/Moderate Income Committee be changed to the Housing Committee. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. TRANSPORTATION COMMITTEE MEETING MINUTES - OCTOBER 16, 1987 Council Member Pope-Ludlam, Chairwoman of the Trans- portation Committee, presented the minutes of the meeting held October 16, 1987, at which time the following items were discussed: (26) 1. Downtown Parking Facilities - Item con- tinued. Fred Wilson, from the City Admini- strator's office, presented his overview and analysis of the downtown parking issue. General discussion regarding the Downtown Parking Structure/Transit Terminal report ensued. The Committee requested that the City Administrator (1) update the report and show new dollar figures and updated interest rates; (2) identify any additional dollars that might be available from fines or Parking District Fund; (3) coordinate with RDA to determine the feasibility and legality of merging RDA project areas; (4) determine feasibility of expansion of the Enterprise Zone; (5) determine projections on use of parking meters in certain areas; and (6) conduct a study of shortening parking times in downtown parking area. These issues will be brought back to the Committee within 30 days. 2. Local Transportation/Land The Committee recommended tabled. Use Ordinance - t his item be 3. Southwest Railroad Corridor - Item con- tinued. Council Member Minor made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that the minutes of the Council Transportation Committee meeting held October 16, 1987, be received and filed as amended, by noting that Item 2 was continued instead of tabled. PUBLIC HEARING - SAAB VS. CITY OF SAN BERNARDINO - SUPERIOR COURT CASE NO. 234561 SCHOOL IMPACTION FEES This is the time and place set for a public hearing concerning Saab vs. the City of San Bernardino, Superior Court Case No. 234561, regarding school impaction fees. (20) 12 10/19/87 John Wilson, Deputy City Attorney, stated that the other parties in connection with this item are not pre- sent. He requested a continuance of the public hearing and stated he would notify the other parties of the con- tinuance. Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that the public hearing concerning Saab vs. the City of San Bernar- dino be continued to 10:30 a.m., Monday, November 2, 1987, at the Council Meeting to be held in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. WAYS AND MEANS COMMITTEE MEETING MINUTES - OCTOBER 12, 1987 Council Member Estrada, Chairwoman of the Ways and Means Committee, presented the minutes of the meeting held October 12, 1987, at which time the following items were discussed: (25) 1. Humane Society Proposal for Operating Animal Shelter - Item continued. The Com- mittee recommended that this item remain open on the Ways Means Agenda until next May when the budget is reviewed. The Committee recommended that the City continue to run the Animal Shelter for the rest of this fiscal year. Staff was requested to put together a PERT schedule to provide the Humane Society a time frame to put a formal proposal together. Staff will also provide a list of the City's needs to the Humane Society so a very speci- fic proposal can be submitted with the under- standing that the Ways & Means Committee will look at it for FY 88-89. Mr. Carvalho, Animals for Research representative, made a short presentation to the Committee regarding sale of animals for research. His contention was that the City is losing revenue by not selling very many animals to research faci- lities even though last year's vote of the people allowed sales to continue. He stated that if the Humane Society was allowed to operate the shelter, there would be no sale of animals for research. 2. ~ark~ District Funding Report - The Committee received the report from the Finance Director (attached) and recommended that: a) Since no Parking District Commission members were at the meeting, they should be notified by letter of the discussion that took place and set a copy of the report. b) Parking District funds be transferred immediately to the City's General Fund as originally agreed upon. 13 10/19/87 c) The Mayor and Common Council formalize the amount of assessment to be paid annually to the General Fund from the Parking Dis- trict. d) A new interest rate and lease policy be adopted by resolution with the interest rate proceeds designated for future parking development needs. Council Member Maudsley made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the Ways and Means Committee meeting held October 12, 1987, be received and filed. READING AND WAIVING OF RESOLUTIONS ON SUPPLEMENTAL AGENDA Shauna Clark, City Clerk, read the titles of the resolutions on the Supplemental Agenda. Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolutions be waived. RES. 87-375 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SIERRA GATEWAY PARTNERS RE- LATING TO UNDERGROUNDING OF UTILITIES IN CONNECTION WITH DEVELOPMENT OF THE SHOPPING CENTER AT 40TH STREET AND SIERRA WAY. (S-2) Council Member Minor made a motion, seconded by Coun- cil Member Pope-Ludlam and unanimously carried, that said resolution be adopted. Resolution No. 87-375 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-376 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CREATING UNDERGROUND UTILITY DISTRICT NO. 16, LOCA TED BETWEEN N I NTH STREET AND A LINE APPROXIMATELY TWO HUNDRED FEET NORTH OF THE NORTH LINE OF SIXTEENTH STREET AND A LINE APPROXIMATELY 250 FEET EAST AND WEST OF MT. VERNON AVENUE. (S-3) Roger Hardgrave, City Engineer, answered questions regarding the balance of funds for this project. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 87-376 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-377 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MARTIN JASKA, INC., FOR CONSTRUCTION OF A FIRE STATION IN THE TRI-CITY AREA, AND APPROVING CONTRACT CHANGE ORDER NO. ONE. (S-4) Roger Hardgrave, City Engineer, answered questions regarding the landfill methane gas detector system. 14 10/19/87 Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted. Resolution No. 87-377 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 REGARDING REPAYMENT OF AMOUNTS DUE TO THE GENERAL FUND FROM THE PARKING DISTRICT FUND, ESTABLISHING AN ANNUAL PAYBACK ARRANGEMENT INCLUDING INTEREST, AND ESTABLISHING A FUND FOR FUTURE PARKING DISTRICT NEEDS. (S-8) 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 November 2, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 87-378 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE NATIONAL ORANGE SHOW TO USE THEIR GROUNDS FOR POLICE DEPARTMENT TRAINING ACTIVITIES. (S-9) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 87-378 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-379 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 EN- TITLED IN PART "A RESOLUTION...ESTABLISHING A BASIC COMPENSATION PLAN..."; BY ADDING THE CLASSIFICATION OF CATV PROGRAMMING SUPERVISOR AND CATV PRODUCTION SUPERVISOR, R2108 ($1745- 2346/MO.); CATV PRODUCTION SPECIALIST II, R2104 ($1659-2232/MO.); CATV PRODUCTION SPECIALIST I, R2100 ($1580-2124/MO.); AND SPECIAL OLYMPICS COORDINATOR, R2126 ($2178- 2931). (S-l1) Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be adopted. Resolution No. 87-379 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-380 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413 ENTITLED IN PART "RESOLUTION...ESTABLISHING A BASIC COMPENSATION PLAN..."; BY ADDING THE POSITION CATV PRODUCTION/PROGRAMMING INTERN (PART- TIME) AT A RATE OF $4.0000 TO $6.0000 PER HOUR AND CATV PRODUCTION/PROGRAMMING ASSIS- TANT (PART-TIME) AT FLAT RATE OF $6.5000 PER HOUR. (S-12) 15 10/19/87 Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be adopted. Resolution No. 87-380 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-381 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 EN- TITLED IN PART "A RESOLUTION...CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; BY ADDING THE POSITIONS OF CATV PROGRAMMING SUPERVISOR; CATV PRODUCTION SUPERVISOR; CATV PRODUCTION SPECIALIST II AND CATV PRODUCTION SPECIALIST I IN THE CITY ADMINISTRATOR DEPARTMENT. (S-13) Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that said resolution be adopted. Resolution No. 87-381 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. SOLID WASTE ASSESSMENT TESTING (SWAT) - WATERMAN LANDFILL - PURCHASE ORDER - INTERNATIONAL TECHNOLOGY CORPORATION In a memorandum dated October 13, 1987, Manuel Moreno, Jr., Director of Public Services, stated that the City is responsible for drilling and installation of a well, and preparation of a final Solid Waste Assessment Test (SWAT) as mandated by the State of California, on the Waterman Landfill, located east of Waterman Avenue, north of the 1-10 Freeway. (S-5) International Technology Corporation is prepared to conduct the SWAT, for a fee of $40,000. James Penman, City Attorney, expressed concern re- garding the lack of an agreement or contract for the ex- penditure of such a large amount of money. Manuel Moreno, Jr., Director of Public Services, answered questions regarding the timeline of the project. Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the matter concerning a Solid Waste Assessment Test on the Waterman Landfill be continued to the November 2, 1987, meeting of the Mayor and Common Council to be held in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. SETTING OF PUBLIC HEARING - GENERAL EMPLOYEE IMPASSE PROCEDURE - ARTICLE 34 This is the time and place set for consideration of a public hearing concerning the General Employee Impasse Procedure, Article 34. All other matters, including mone- tary issues, have been agreed upon through the negotiating process. (S-10) 16 10/19/87 Ray Schweitzer, City Administrator, stated that the negotiations for the General Employees is down to one Article, which relates to stewards, and that there is no urgency involved, since the monetary matters have been agreed to and will not take effect until January. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that a public hearing be set for November 2, 1987, at 4:00 p.m., in the City Council Chambers, 300 North "D" Street, San Bernardino for the purpose of initiating impasse proce- dures relative to Article 34 of the General Employees' Memorandum of Understanding detailing Union Representa- tion. POLICE ORGANIZATION REVIEW COMMITTEE This is the time and place set for discussion of the Police Organization Review Committee as requested by Coun- cil Member Estrada. This committee had been previously known as the Police Department Budget Community Based Ad Hoc Committee. A new title for the committee and its functions were discussed at the October 5, 1987, meeting of the Mayor and Common Council of the City of San Ber- nardino. (S-14) James Penman, City Attorney, recommended that Council Member Pope-Ludlam abstain from voting in this matter, as she is presently involved in an investigation and court case. Discussion was held concerning the purpose of the review committee and its name. The Police Department has undergone four reviews in the past six years. Members of the Council stated that the scope of the review proposed by the committee is to be brought before the Mayor and Common Council when it is prepared. Council Member Estrada made a motion, seconded by Council Member Miller, that the name of the Police Organi- zation Review Committee be changed to the San Bernardino City Council Police Department Review Committee. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Pope-Ludlam, Miller. Noes: Council Members Maudsley, Minor. Absent: None. RES. 87-382 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE REMARKETING OF APPROXIMATELY $9,350,000 PRINCIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVENUE REFUNDING BONDS. (PUMALO PALMS PROJECT) (Continued from earlier in the meeting - See Page 7) (12) Tim Sabo, Bond Counsel, answered questions, stating that the City has no liability in remarketing of the bonds, as this is considered conduit financing. He could not guarantee that the City would not be jointly named on a lawsuit. 17 10/19/87 Maurice Oliva, Housing Development Specialist, stated that the regulatory agreement provides that the City will be paid 1/8 of 1% annually until the debt is retired. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 87-382 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. COMMUNITY DEVELOPMENT COMMISSION/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. JOINT PUBLIC HEARING - LEASE OF REDEVELOPMENT AGENCY PROPERTY IN CENTRAL CITY EAST PROJECT AREA, SECCOMBE LAKE, TO YWCA - SUBLEASE TO TEDDY BEAR TYMES CHILD CARE FACILITY This is the time and place set for consideration of the lease of property owned by the Redevelopment Agency in Seccombe Lake Park, Central City East Project Area, to the Young Women's Christian Association, and sublease to Teddy Bear Tymes Child Care Facility. (RS-l) A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO, INC. (CENTRAL CITY EAST PROJECT AREA) (RS-la) City Clerk Clark read the title of the resolution. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of the resolution be waived. Mayor wilcox opened the hearing. Linda Savage, Director of the Y.W.C.A., agreed with the proposed agreement. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions regarding the conditions of the agreement running with the land. Annie Ramos, Director of Parks, Recreation and Com- munity Services, stated that the property in question is surrounded by a City park, and that the property should be used for a public use building. Myrna Cogan, Vice President of Teddy Bear Tymes, spoke regarding funds available for renovation of the property. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be closed. Discussion ensued regarding the mixing of public and private land use. The additional space for the use of the park is to allow an enrollment not to exceed 88 children, and has nothing to do with the request to utilize a part of the Parks and Recreation building. 18 10/19/87 Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the San Bernardino Parks, Recreation and Community Ser- vices Department be instructed to contact the State of California to prepare a lease agreement for the use of Park Land by the YWCA, and subleased to Teddy Bear Tymes; and that staff be sure that the time limits coincide with the lease the YWCA has with Teddy Bear Tymes. (RS-lb) Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the resolution be referred back to staff for suggestions from the Redevelopment Agency Committee, and that the public hearing be continued to the November 16, 1987, meeting of the Mayor and Common Council of the City of San Bernardino. (RS-la) ADJOURN MEETING At 12:04 p.m., Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting be adjourned to the Management Informa- tion Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California, to consider Agenda Item 21, the Library Budget. RECONVENE MEETING AT 12:29 p.m., Mayor wilcox called the meeting to order in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernar- dino, California, to consider Agenda Item 21, the Library Budget. ROLL CALL Roll Call was taken by Deputy City Clerk South with the following being present: Mayor Wilcox; Council Mem- bers Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, Deputy City Clerk South, City Administrator Schweitzer. Absent: None. Also present were: Steve Whitney, City Librarian; Larry Harvey, Library Board President; Ed Keller, Library Board Vice President; Kathy Grossman, Library Board Sec- retary; George Martinez and Jack Hill, Library Board Mem- bers. LIBRARY BUDGET WORKSHOP This is the time and place consider the Library Budget. set for a workshop to (21) Each Library Board Member spoke regarding their con- cerns for the Library Budget. Larry Harvey, Library Board President, spoke regard- ing the "spot closing" of library facilities and services to the community, the purchase of books, the loss of staff members due to their hours being cut back and their need to find replacement jobs, due to cutbacks in the Library Budget. Ed Keller, Library Board Vice President, requested that the Mayor and Common Council and the Library Board meet at least once a year for better communication. He related the nationwide reputation of the library in the City of San Bernardino, and spoke regarding the early closing time of the Central Library due to funding cut- backs. 19 10/19/87 Jack Hill, Library Board Member, expressed concerns over library facilities not being used to their maximum potential, and the purchase of books. The Adult Literacy Program at the Kellogg Branch was discussed, and the need for a lease agreement for the Inghram Branch. George Martinez, Library Board Member, spoke regard- ing the interaction of the library system with other in- stitutions, particularly the school system, and the need for a spirit of cooperation between the City and the Library. Kathy Grossman, Library Board the library's position concerning funds. Secretary, clarified its use of library The micro computer lab was discussed. Steve Whitney, City Librarian, spoke regarding the problem of maintaining trained employees due to the cut- back in their hours, as they find it necessary to find full-time replacement jobs. Ed Keller, Library Board Vice President, spoke re- garding the salary comparison study. Ray Schweitzer, City Administrator, answered ques- tions regarding the salary study and adjustments made as result of the study. Steve Whitney, City Librarian, spoke regarding salary comparison. The possibility of a task force to review the library system for better planning and resource utilization was discussed, along with the rental lease for the Dorothy Inghram Library, and its possible relocation. Ed Keller, Library Board Vice President, stated that the library is playing catch-up with items cut from pre- vious years' budgets. The responsibility of the Council to correlate the budgets of all of the City departments, and to consider the loss of revenue from the court-imposed building mora- torium was discussed. Recognition was given to the fact that the library is a governmental agency, not a City department. The Library Board has the authority to decide the use of the library's budgeted funds. The Council pointed out that the Library was not asked to cut its budget by 4%, as were other City depart- ments. City Attorney Penman stated that the Council does not have the authority to put a rider on the budget expendi- tures of the library. Warren Knudson, Finance Director, answered questions regarding the financial reports of expenditures and revenues. 20 10/19/87 Steve Whitney, City Librarian, stated that he and the Finance Director had been working closely together on a manual system of balancing the Library's account month to month. Problems incurred by the Library in order to func- tion on a month-to-month budget, and its inability to take advantage of discounts for ordering in bulk, were dis- cussed. City Administrator Schweitzer answered questions, stating that the Library had not contacted him concerning any unmet needs. In a memorandum dated October 19, 1987, Finance Director Knudson provided a summary of personal services of the Library through September 22, 1987 and other recorded expenses. Consideration for keeping employees was emphasized. The Council requested information regarding the automation project. Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that the monthly method of funding the Library Budget be changed to the normal funding method used for City departments. The Council expressed the desire to be notified when the Library has meetings regarding Library Budget or prob- lems, and that follow-up be made on the suggestion that the Council and Library Board meet periodically. The need for a meeting prior to the Mid-Year Budget Review was discussed. ADJOURN MEETING At 1:40 p.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the meeting adjourn to 2:00 p.m. in the Council Cham- bers, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:04 p.m., Mayor wilcox called the meeting to order in the Council Chambers, 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, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Pope-Ludlam. CONDITIONAL USE PERMIT 87-37 - NEGATIVE FINDINGS OF FACT - SALE/CONSUMPTION OF ALCOHOLIC BEVERAGES - SOUTHWEST CORNER OF 33RD AND "E" STREETS In a memorandum dated October 7, 1987, Ann Siracusa, Planning Director, stated that based upon testimony at the Planning Commission hearing, and the City Council appeal hearing of October 5, 1987, regarding the approval of Conditional Use Permit 87-37 for the sale/consumption of alcoholic beverages at the corner of 33rd and "E" Streets, Negative Findings of Fact must be adopted. (29) Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that the Mayor and Council adopt the Negative Findings of Fact to support the denial of Conditional Use Permit No. 87-37. 21 10/19/87 COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. WALL SIGNS - AMENDMENT TO TEXT 87-1 - SAN BERNARDINO MUNICIPAL CODE SECTION 19.60.240 - MARUKO CORPORATION In a memorandum dated October 7, 1987, Ann Siracusa, Planning Director, provided background, potential modi- fications to text language and recommendation concerning the Planning Commission's recommendation of denial of an amendment to Text No. 87-1 of San Bernardino Municipal Code Section 19.60.240 concerning increasing the allowable size for all signs for hotels having a height greater than six stories or seventy-two feet in the C-4 Central Busi- ness District, as initiated by the Redevelopment Agency in response to a request made by the Maruko Corporation, owners of the downtown hotel. (30) The possibility of amending the text of the Municipal Code, application for a variance, and having all buildings meet the same requirements was discussed. James Penman, City Attorney, expressed concern over the consistency of sign regulations, and suggested that a Conditional Use Permit would be faster than amending the Municipal Code. Ann Siracusa, Planning Director, stated that the form motion on the agenda was incorrect, and answered questions concerning whether the hotel people were notified of the Planning Commission meeting concerning signage. Shauna Clark, City Clerk, explained the procedure of amending the Municipal Code, and stated that the matter would only come to the Council on appeal, whether the Planning Commission accepts or rejects the request. Planning Director Siracusa was asked to direct Maruko to apply for a Conditional Use Permit. Council Member Minor made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that the Planning Commission's recommendation to deny a Municipal Code amendment, be approved. APPEAL - PLANNING COMMISSION'S APPROVAL - CONDITIONAL USE PERMIT 87-45 - SALE OF ALCOHOLIC BEVERAGES - RIALTO AND PEPPER AVENUES - CHARLES BLACKWELL - RUBA ENTERPRISE, INC., OWNER/APPLICANT In a memorandum dated October 9, 1987, Ann Siracusa, Planning Director, stated that an appeal had been filed by Charles Blackwell, Manager of the Mediterranean Mobile Home Park, concerning the Planning Commission's approval of Conditional Use Permit 87-45 for the sale of alcoholic beverages for off-site consumption in a mini-market to be construction at Rialto and Pepper Avenues by Ruba Enter- prise, Inc. (31) In a memorandum dated October 1, 1987, Ben Shevchuk, owner of the Mediterranean Mobile Home Park located at 2744 W. Rialto Avenue, Rialto, California, wrote in opposition to the opening of additional businesses selling alcoholic beverages in the neighborhood surrounding the mobile home park. 22 10/19/87 Ben Shevchuk, owner of the Mediterranean Mobile Home Park, was present at the Council Meeting, and stated that when the residents of his mobile home park were asked about the location of another liquor outlet in their neighborhood, 27 of them signed a petition against it. He spoke regarding a rise in crime and trash from the exist- ing liquor stores. The mobile home park residents' petition was given to City Clerk Clark. Mr. Herkelrath, owner of Herkelrath Mobile Home Estates, stated that he was not notified of the possi- bility of another liquor store in the neighborhood. Jeff Lewis of the law firm Best, Best and Kreiger, representing the applicant, stated that Alcoholic Beverage Control allows up to seven liquor outlets in a given area, and that this proposed outlet would be the fifth in the area. Attorney Jeff Lewis answered questions regarding the service hours of the liquor outlets. Ann Siracusa, Planning Director, answered questions regarding traffic and circulation in the area in question, and the location of other liquor outlets in the area. Leo Amendt, Amendt Oil, stated that he has been a property owner in the area, and has not had any vandalism problems due to the existence of neighboring liquor out- lets. Charles Blackwell, Manager of the Mediterranean Mobile Home Park, requested more police protection in the area. Council Member Reilly made a motion, Council Member Miller, that the hearing be the appeal be denied, and the Planning approval of CUP 87-45, be affirmed. seconded by closed, that Commission's The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope- Ludlam; Noes: Council Members Flores, Miller. Absent: None. DEMOLITION ASSISTANCE FUNDS - LANG'S EMPIRE BUILDING MATERIALS - 940 W. SECOND STREET - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consi- deration of providing CDBG demolition assistance funds to Empire Building Materials, 940 W. Second Street, as re- quested by owner Stanley Lang. (See Page 6) (9) Stanley Lang of Empire Building Materials, answered questions regarding the bids he received for the demoli- tion of his building and the amount of work already com- pleted. Lisa Dickey, Community Development Specialist, stated that regulations do not provide for CDBG funds to be used for reimbursement. Discussion was held concerning the amount of assis- tance the City is able to provide. 23 10/19/87 RECESS MEETING At 3:15 p.m., Mayor Wilcox asked for a five-minute recess of the meeting. RECONVENE MEETING At 3: 20 p.m., Mayor wilcox called the meeting to order in the Council Chambers, 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. DEMOLITION ASSISTANCE FUNDS - LANG'S EMPIRE BUILDING MATERIALS - 940 W. SECOND STREET - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for deration of the request of Stanley Lang, owner of Building Materials, 940 W. Second Street, for CDBG tion assistance funds. (See Page 22) consi- Empire demol i- (9 ) James Penman, City Attorney, read the Municipal Code Sections pertaining to expenditures exceeding $5,000. John Wilson, Deputy City Attorney, answered questions regarding the current demolition policy. Lisa Dickey, Community Development Specialist, stated that the City's policy covering demolition has a criteria for the bid selection, and that an expenditure of $5,000+ comes before the Mayor and Common Council. Stanley Lang, owner of Empire Building Materials, answered questions regarding the amount of demolition work already done. Discussion ensued regarding other loan programs for which Mr. Lang might be eligible. Council Member Estrada made a motion that the matter be referred to the Redevelopment Agency Committee for review at their upcoming meeting. The motion died for lack of a second. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the matter be continued to later in the meeting so that Mr. Lang could meet with a representative of the Redevelopment Agency. RECESS MEETING - CLOSED SESSION At 3:45 p.m., Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the meeting recess to Closed Session under the authority of Government Code Section 54956.9(b) (1), to discuss pending litigation, and Section 54956.9 (a) ,to confer with its attorney regarding pending litigation to which the City is a party as follows: (S-6 & S-7) Saldecke, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 236836; City of San Bernardino vs. California Construction Management, Inc., et al - San Bernardino Superior Court Case 238755; 24 10/19/87 I Cable Lakes Associates vs. City of San Bernardino Common Council et al - San Bernardino Superior Court Case No. 238714; DeTinne vs. City of San Bernardino - San Bernardino Superior Court Case No. 214093; DeTinne vs. City of San Bernardino - San Bernardino Superior Court Case No. 222068; ~lan vs. Cit~ San Bernardino, et al - San Ber- nardino Superior Court Case No. 225490; Wales vs. Cl!Y of San Bernardino, et al - San Ber- nardino Superior Court Case No. 220344; Rush vs. H~ht, et al - San Bernardino Superior Court Case No. 232660; San Bernardino Valley-Municipal Water District vs. All Interested in South Valle - San Bernardino Superior Court Case No. 224322; San Bernardino Munici~l Water District vs. RDA and City - San Bernardino Superior Court Case No. 223718; San Bernardino Municipal Water District vs. Tri-City Project - San Bernardino Superior Court Case No. 219711; Barry Malleck vs. Cit~ San Bernardino, et al _ Federal District Court Case No. 87-1615 AWT (BX); Barrett, Inc., vs. City of San Bernardino, et al -San Bernardino Superior Court Case No. 239913; Walker vs. City of San Bernardino - San Bernardino Superior Court Case No. 237618. CLOSED SESS ION At 3:45 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 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. Also present were: Dennis Barlow, Senior Assistant City Attorney; Denise Brue, Assistant City Attorney; Charles Redd, Deputy City Attorney. ADJOURN CLOSED SESSION At 4:25 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 4:25 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. 25 10/19/87 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. DEMOLITION ASSISTANCE FUNDS - LANG'S EMPIRE BUILDING MATERIALS - 940 W. SECOND STREET _ CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consi- deration of providing demolition assistance funds for Stanley Lang of Empire Building Materials, 940 W. Second Street, San Bernardino, California. (See Page 23) (9 ) Various ways of providing financing for Mr. Lang were discussed, along with the problem of an approaching dead- line for clearing the lot. Stanley Lang, owner of Empire Building Materials, stated that due to the time constraints of going through the bidding process and selecting a contractor who can complete the jOb before the deadline, he will withdraw his request for demolition assistance funds. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the matter concerning demolition assistance funds for Empire Building Materials, be tabled. ADJOURN MEETING At 4:45 p.m., Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously car- ried, that the meeting adjourn to 9:00 a.m., Monday, October 26, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California, for a public hearing concerning the No Smoking Ordinance and the court cases listed in Agenda Item S-6. ~/?'?/~.b1b . City Clerk No. of items: 51 No. of hours: 6 26 10/19/87