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HomeMy WebLinkAbout08-04-1986 Minutes City or San Bernardino, California August 4, 1986 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:05 a.m. on Monday, August 4, 1986, in the Council Chambers of city Hall, JOO North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by the Rev. Alan Pollock, Pastor of the Calvary Baptist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Frazier. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Frazier, Strickler; Assistant City Attorney Sabourin, City Clerk Clark, City Administra- tor Schweitzer. Absent: Council Members Marks, Quiel. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Herndndez lef't the Council Meeting. APPROVE MINUTES - JULY 10, 1986 Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, to approve the minutes of the meeting of the Mayor and Cormnon Council of the City of San Bernardino held on the 10th day of July, 1986, as submitted in typewritten form. (1) APPROVE MINUTES - JULY 21, 1986 Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, to approve the minutes of the meeting of the Mayor and Corrunon Council of the City of San Bernardino held on the 21st day of July, 198b, as submitted in typewritten form. (2) CLAIMS AND PAYROLLS Council Member Strickler made a motion, Council Member Reilly and unanimously carried, demands against the City and authorize the warrants as follows: seconded by to approve issuance of (3 ) 1. Approve the register of demands dated: July 15, 1986 July 22, 1986 85/86 8S/86 #51 #S2 $ 718,665.68 87S,206.38 2. Approve the total gross payroll for the period June 23, 1986, through July 6, 1986, in the amount of $1,273,136.97. PERSONNEL ACTIONS Council Member Strickler made a motion, seconded by Council Member Reilly 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. (4) APPOIN'rMBN'l'S Police Department Police Officer - Effective August 9, 1986 Edward M. Golubic Valerie A. Halterman Cheryl Jackson - Intermediate Stenographer - Effective August 5, 198b Police Assistant - Effective August 5, 1986 Susan L. Bovberg Lori A. Markin Joyce L. Frazier Toni A. Tucker TEMPORARY APPOINTMENTS Parks, Recreation & Community Services Coach Operator - Effective August 5, 1986 Marshall Kelly Trudy Thomas Senior Service Aide - Effective August 5, 1986 Madeline Garcia Irene Solorio Denise Owens Public Buildings Custodial Aide I - Effective August S, 1986 Ronald Caswell Jesus C. Hernandez Gabino Tucker Jose A. Gonzales Jim W. Raught TEMPORARY PROMOTION Parks, Recreation & Community Services Barbara Roecker - Senior Lifeguard - Effective August S, 1986 TEMPORARY REHIRE Public Buildings Steven D. Cade - Security Officer - Effective August 5, 1986 PROMOTION Finance Department Georgia M. Brown - Account Clerk III - Effective August 5, 1986 LEAVE OF ABSENCE Police Department Sherri M. Mitchell - Junior Typist Clerk - From August 29, 1986 through September 5, 1986 HIGHER ACTING CLASSIFICATION Police Department Nancy J. Clark - Senior Typist Clerk - From August 18, 1986 through September 5, 1986 - Effective August 18, 198b 2 8/4/86 Engineering Department Michael S. Curry - Construction Inspector - Effective July 15, 1986 and September 13, 1986 - July 15, 1986 through September 1, 1986 and September 2, 1986 through September 16, 1986 Abraham H. Mendoza - Draftsperson - Effective July 8, 1986 and July 26, 1986 - July 8, 1986 through July 13, 1986 and July 26, 1986 through September 16, 1986 DEMOTION IN LIEU OF LAYOFF Street Department Maintenance Worker II to Maintenance Worker - From Motor Sweeper Operator II - Effective August 11, 1986 Joaquine Negrete Raymond L. Vidaurri Felix Alvarado - Motor Sweeper Operator - From Heavy Equipment Operator to Motor Sweeper Operator - Effective August 11, 1986 REPORT OF BIDS - WIDENING OF SECOND STREET FRO/1 ROUTE 1-215 FREEWAY TO "G" STREET - AAA PAVING COMPANY In a @emorandum dated July 16, 1986, Roger Hardgrave, Director of Public Works/City Engineer, stated that only one bid had been received for the widening of Second Street, from Route 1-215 Freeway to "G" Street. This bid from AAA Paving Company in the amount of $82,155.00, was 28.1% over the Engineer'S estimate of $64,152.00. (6) Council Member StriCkler made a motion, seconded by Council Member Reilly and unanimously carried, that the bid received on July 15, 198b from AAA Paving Co@pany in the amount of $82,155, for widening Second Street, from Route 1-215 Freeway to "G" Street, in accordance with Plan No. 6890, be rejected; and the Director of Public Works/ City Engineer be authorized to re-advertise in about two months. APPROVAL OF CHANGE ORDER NO. SEVEN - IRRIGATION AND LANDSCAPING IN PARK CENTRE - ARTHUR SHOOTER ASSOCIATES, INC. In a memorandum dated July 24, 1986, Roger Hardgrave, Director of Public Works, City Engineer, gave a synopsis of the previous six change orders to the contract with Arthur Shooter Associates, Inc. for irrigation and land- scaping in Park Center and explained the need for Change Order No. Seven. (7) Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, to approve Chanye Order No. Seven to the contract with Arthur Shooter Associates, Inc., for construction of irrigation and landscapiny at Park Centre, in accordance with Plan No. 6760; to authorize the contractor to repair wash-outs, remove silt and re-seed lawn areas damaged by excessive rain runoff, at an increase in the contract price of $2,569.15, from $651,129.70 to $b53,698.85. AUTHORIZE OUT-OF-STATE TRAVEL - PARKS, RECREATION & COMMUNITY SERVICES - JOSH CARTER - HERSHEY, PA. Pursuant to a memorandum dated July 21, 1986, from Annie F. Ramos, Director, Parks, Recreation & Community Services, Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that Senior Recreation Supervisor Josh Carter be authorized 3 8/4/86 out-oi-state travel to Hershey, PA., to chaperone the California contingent to the Hershey National track and Field Championships, August 14-17, 198b. (8 j FOURTH WARD PARK EXTENSION FUNDS - APPROVAL OF EXPENDITURE OF FUNDS - PURCHASE OF TO'r SHING SET FOR HARRISON CANYON PARK In a memorandum dated July 24, 1986, Annie Ramos, Director, Parks, Recreation & Community Services, ex- plained that the tot swing set for Harrison Canyon Park will match the style of the existing playground equipment and installation will be done by the Parks, Recreation & Community Services Department staff. (9) Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that $800 from Fourth Ward Park Extension Funds for the purchase of a tot swing set for Harrison Canyon Park be approved. COUNCIL MEMBER HERNANDE~ RETUffi,ED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. NICHOLSON PARK - PAVING PARKING AREA - REJECTION OF BID - C. L. BROOKS CONSTRUCTION CO. In a memorandum dated July 21, 1986, Harold A. Parkey, Central Stores Supervisor, explained that only one bid was received for the paving of the parking area at Nicholson Park. The bid was from C. L. Brooks Construc- tion Co. in the amount of $17,200.00. The Street Divi- sion, Public Services Department, estimated it could do the job for $8,918.00. It was recommended that the bid of C. L. Brooks be rejected and that the work be accomplished by City forces through the work order process. (5) City Administrator SChweitzer answered questions. Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that the bid of C. L. Brooks for the paving of the parking area at Nicholson Park be rejected and that the Director of Public Services be directed to perform said work using City forces. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER OF ABATEMENT - 1348 AND 1358 W. FIFTH STREET - JOHN AND ANGEL ZARAGOZA - CONTINUED FROM APRIL 21, 1986 This is the time and place continued to for consider- ation of an appeal filed by John and Angel Zaragoza on the Board of Building Commissioners' Order of Abatement on property located at 1348 and 1358 W. Fifth Street. (10) Mayor Wilcox opened the hearin~. James Robbins, Acting Superintendent, Building & Safety, stated that repair work is proceeding, that the wall had been repaired and painted white, and that some of the landscaping had been done. Council Member Estrada made a motion, seconded by Council Member Frazier and unanimously carried, that the appeal hearing be continued to Monday, September 8, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, with an update report on the progress of the repairs. The Council agreed that they did not want a mural painted on the wall. 4 8/4/86 APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER OF ABATEMENT - 638 "L" STREET - CRUZ M. SAENZ ON BEHALF OF VETERANS ADMINISTRATION - CONTINUED FROM JUNE 2, 1986 This is the time and place continued to for consider- ation of an appeal filed by Cruz M. Saenz on behalf of the Veterans Administration on the Board of Building Cormnis- sioners' Order of Abatement on property located at 638 "L" Street. (11) Mayor wilcox opened the hearing. Cruz M. Saenz appeared on behalf of the Veterans Administration and explained that at the meeting of the Mayor and Common Council of June 2, 1986, the Council voted to allow the property owner the opportunity to sub- mit plans and obtain building approval to rehabilitate the property. He stated that permits had been obtained for the rehabilitation and the work could be completed in two weeks. He also stated that bids would be opened on August 5, 1986, for the installation of a new roof, which could also be completed in two weeks. Mr. Saenz explained, however, that the Board of Building Commissioners now insists on the construction of a garage on the property. He stated that the Veterans Administration would not build a garage, and if the City wished to demolish the property, they would do so at the City's expense. Mr. Saenz answered questions, stating that to date, the Veterans Administration had not spent any money on the rehabilitation. Assistant City Attorney Sabourin answered questions, stating that a memorandum from Deputy City Attorney MCQueen indicated that under a statutory provision and case law the Veterans Administration has jurisdiction, and that if the City ordered demolition, the City would prob- ably have to pay. Mr. Sabourin stated that as the Veter- ans Administration had made a decision that the property should be rehabilitated, and in view of the law, sug- gested that the City cooperate with the Veterans Adminis- tration in their decision. He stated that if the property were without a garage before it came before the Board of Building Cormnissioners, the requirement of a garage would be subject to the consent and approval of the Veterans Administration before the City could require it. COUNCIL MEI1BER MARKS ARRIVED At 9:20 a.m., Council Member Marks arrived at the Council Meeting and took his place at the Council Table. James Robbins, Acting Superintendent of Building & Safety answered questions. Frank Schuma, Planning Director, answered questions regarding the requirements for the construction of a garage or carport using Redevelopment Agency money. Mr. Schuma stated that from the Planning Department's point of view, in this instance, if there was no garage previously, none is required now. Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, to refer this matter baCK to the Planning Departhlent, the Building and Safety Department, and the City Attorney, to come back to the Council on Monday, August 18, 1986, with a solid recormnendation to vote on; the City Attorney was directed to write a letter to the Veterans Administration stating that the City would like for them to construct a garage on the property. 5 8/4/86 Council Member Marks made a motion, seconded by Council Member strickler and unanimously carried, that the Planning Department, Building & Safety Department and Redevelopment Agency staffs be directed to prepare a study exploring those things which can be done in the direction of up-grading housing as opportunities arise and have them present the pros and cons. PUBLIC HEARIl,G - CONSIDERA'rrON OF IMPOSING A FEE OF 1/2 OF 1% ON COMMERCIAL CONSTRUCTION FOR THE PURPOSE OF CULTURAL DEVELOPMENT - RECOMMENDED AS PART OF THE MASTER PLAN FOR FINE ARTS IN SAN BERNARDINO This is the time and place set for a public hearing to consider the imposition of a fee of 1/2 of 1% on com- mercial construction for the purpose of cultural develop- ment as recommended as part of the Master Plan for Fine Arts in San Bernardino. (12) Mayor wilcox opened the hearing. Thelma Press, Executive Director, International Council and Liaison for the Fine Arts Commission, intro- duced various speakers. Frank Plash, member of the Board of Directors of the Inland Empire Symphony and of the San Bernardino Valley Concert Association, spoke regarding the importance of cultural life of the City and referred to the growth and development of various musical groups within the City and the need for financial support. Mr. Plash cited the high costs of providing excellent cultural programs and urged the Council to approve the proposal being presented today. Jerry Hanson, a member of the Fine Arts Commission, spoke about the need for governmental support for the arts, as very few arts organizations are able to finance the entire cost of their operations. He also stated that many industries are interested in the cultural life of the city in which they locate their businesses. He asked the Council to support the proposal being considered. Thelma Press, Executive Director, International Council, and Liaison for the Fine Arts Commission, sug- gested that if the proposal is approved, a portion of the funds could be used for beautification, as that too im- proves the cultural image of the City. Frank Lindgren, a member of the Fine Arts Commission, formerly Supervisor of Music and Fine Arts in the San Bernardino City Schools, spoke of the importance of per- forming arts to bring people together. He also stated that many businesses and industries are interested in performing arts organizations in cities where they estab- lish their offices. Rosalinda Nieto, representing Ballet FOlklorico, stated her group would like to receive funds and spoke about the positive effects of belonging to this group, as it gives young people something special to do in attending the rehearsals and performances. Mildred Sparks, a member of the Links, an educational group, and the Evergreen Singers, explained that the Evergreen Singers is a volunteer group who loves music and told of various performances that are scheduled. Mr. Dale Jenks, General Manager of the civil Light Opera and a member of the Fine Arts Commission, explained that people from many areas come to the Civic Light Opera 6 8/4/86 productions; and stated that the musical programs enhance other phases of the city's cultural life. Mayor Wilcox commended the various groups for their dedication to the arts and stated she felt that 1/2 of 1% is the least amount needed to accomplish what the City would like to do. In a memorandum dated August I, 1986, Thelma Press presented a survey of major cities' funding methods for cultural improvements and other pertinent information. A discussion was held concerning a survey of Sur- rounding Cities Commercial Development Fees. It was determined by -the Mayor - and-Counc1I-thataddi tional infor- mation was needed and that it would be necessary to call a recess to allow time to gather the information. (See page 7) RECESS MEETING At 10:08 a.m., Council Member Strickler made a mo- tion, seconded by Council Member Estrada and unanimously carried, that the meeting recess for five minutes. RECONVENE MEETING At 10:30 a.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 30U North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox, Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler; Assistant City Attorney Sabourin, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Quiel. PUBLIC HEARING - CONSIDERATION OF IMPOSING A FEE OF 1/2 OF 1% ASSESSMEN'r ON COMMERCIAL CONSTRUCTION FOR THE PURPOSE OF CULTURAL DEVELOPMENT - RECOMMENDED AS PART OF THE MASTER PLAN FOR FINE ARTS IN SAN BERNARDINO - DISCUSSED EARLIER IN THE MEETING It was determined that there was not adequate infor- mation available to determine what the appropriate per- centage was to charge commercial development for the pur- pose of cultural development. (12) A discussion ensued regarding whether or not adequate notice had been given so that the commercial developers were aware of today's hearing. Thelma Press, Council, and Liaison that the hearing was Executive Director, International for the Fine Arts Commission, stated advertised in The Sun. Council Member Marks made a motion, seconded by Council Member Estrada, that the discussion of the pro- posed assessment on commercial construction for the pur- pose of cultural development be continued to later in the meeting when adequate information is made available by the City Administrator. (See Page 13) The motion carried by Council Members Estrada, Frazier. Noes: Council Council Member Quiel. the following vote: Reilly, Hernandez, Member Strickler. Ayes: Marks, Absent: 7 8/4/8b PROTES'f HEARING - VACA'rrON OF 17TH STREE'f - EAST OF CONEJO DRIVE - ELDORADO BANK, APPLICANT This is the time and place set for a hearing to con- sider protests regarding the vacation of 17th Street, east of Conejo Drive. (13) Mayor wilcox opened the hearing. No protests have been received. Charles Schultz, from the law firm of Reid and Hel- lyer, 599 N. Arrowhead Avenue, San Bernardino, represent- ing Eldorado Bank, was present and stated that Eldorado Bank was the applicant for the vacation of 17th Street, east of Conejo. He also stated that a variance is on the Council Agenda (Item 53, page 10) regarding a set back re- quirement which relates to this matter. He explained that he had met with residents of the neighborhood, City staff and Council Member Reilly, and an agreement had been reached, by providing in perpetuity an easement to the City and ingress and egress to the residents on the street, and the Flood Control District. It was also agreed the applicants would pave the street and maintain it in perpetuity. A block wall will also be constructed. A RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING SEVEN'fEENTH STREET, EAST OF CONEJO DRIVE, AND RESERVING AN EASEMENT FOR IN- GRESS AND EGRESS TO THE COUNTY OF SAN BER- NARDINO TO SERVE THE FLOOD CONTROL CHANNEL AND BRIDGE TO THE EAST, AND FOR THE CITY OF SAN BERNARDINO EMERGENCY VEHICLES, UTILITY COMPANY VEHICLES, AND ABUTTING PROPERTY OWNERS THEREOF. (13) City Clerk Clark read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the hearing be closed, the Findings of Fact as set forth in the Staff Report be adopted, that further reading of the resolution be waived and said resolution be adopted, that a clause be inserted in the resolution stating the resolu- tion will not be effective until the easement is received from the applicant, that it be recorded and include the provisions of the perpetuity of the maintenance of the street upon the recommendation of the City Engineer and the provision that it shall run with the land. (Motion rescinded later in the meeting. See page 11) Charles Schultz, representing Eldorado Bank, answered questions, stating they could fulfill those requirements within two or three days. Assistant City Attorney Sabourin answered questions, and recommended that the resolution be amended by inter- delineation to include the suggested provisions. The resolution was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Uuiel. (This action was rescinded later in the meeting. See page 11) REPORT FROM CITY ADMINISTRATOR - INSPJi:CTION DEMANDS ON BUILDING AND SAFETY DEPARTMENT - TIMELY INSPECTIONS - CONTINUED FROM JULY 21, 19Bb This is the time and place continued to for consider- ation of a report from the City Administrator relating to 8 8/4/86 inspection demands on the Building and Safety department and how timely inspections can be executed. (14) Jim Robbins, Acting Superintendent of the Building & Safety Department, explained his memorandum dated July 24, 1986, addressed to Raymond Schweitzer. He stated that inspections are being made in a timely manner, as next day service, which is approved in the Uniform Building Code. However, inspectors are averaging ten to fourteen calls per day, which does not allow for quality inspections. He suggested that six to eight inspections a day would pro- vide quality inspections. Mr. Robbins presented two aspects which would help reduce the backlog of work: (1) bring on at least four part-time people working four hours a day or (2) consider hiring three additional inspectors on a full-time basis, two to begin in Noverl1ber or December and the other to start in March. Mr. Robbins answered questions of the Council regard- ing the number of hours a retired person hired as an in- spector can work with the City, and also explained the change in office schedule which provides more time for the inspectors to be out in the field doing inspections. Mr. Robbins stated that the inspection figures quoted previously do not include the back log of code enforcement and housing inspections. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the City Administrator be directed to provide the Council with input, looking at all the organizational scenarios that could be viable and all the pros and cons of each alter- native and the costs, and that this matter be continued to Monday, August 18, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COMMUNITY DEVELOPMEclT CO~IISSION/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. RES. 8b-JU7 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECU'rION OF A FIRST AMENDMENT TO AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE RE- DEVELOPMENT AGENCY OF 'rHE CI'rY OF SAN BER- NARDINO AND BROWN AND MULLINS, INC., FOR CONSULTANT SERVICES (CENTRAL CITY SOUTH STUDY AREA). (R-5) City Clerk Clark read the title of the reSOlution. Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions. Council Member Strickler made a motion, seconded by Council Member Estrada, that said resolution be adopted. 9 8/4/86 Resolution No. 86-307 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. COUNCIL MEETINGS - SCHEDULE FOR SEP'rEMBER Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that the Regular Council Meetings in September be held on Monday, September 8, 1986 and September 22, 1986. PUBLIC HEARING - SALE OF ORANGEWOOD PARK TO SAN BERNARDINO COMMUNI'ry HOSPITAL - CON'rINUED FROM JULY 21, 1986 This is the time and place continued to hearing to consider the sale of Orangewood Bernardino Conununity Hospital. for a public Park to San (R-6) In a memorandum dated July 29, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, explained that Community Hospital had requested that the public hearing be continued to allow additional time to discuss the draft Disposition and Development Agreement. Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that the public hearing on the sale of Orangewood Park to San Bernardino Community Hospital be continued to Monday, August 18, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING At 12:17 p.m., Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting be recessed to the MIC Room for a lunch- eon with the Commission for Disabled Persons. RECONVENE MEETING At 2:04 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Strickler; Assistant City Attorney Sabourin, City Clerk Clark, City Administra- tor Schweitzer. Absent: Council Members Quiel, Frazier. APPEAL HEARING - PLANNING COMMISSION'S DECISION OF DENIAL - VARIANCE NO. 85-24, - WAIVE SECTION 19.12.060 TO ALLOW AN ENCROACHMENT INTO SETBACK AREA IN THE R-3-1200 MULTIPLE FAMILY RESIDENTIAL DISTRICT - ELDORADO BANK - 1721 N. CONEJO DRIVE - CONTINUED ~'ROM JUNE 2, 1986 This is the time and place continued to for consider- ation of an appeal filed by Eldorado Bank on the Planning Commission's decision of denial of Variance No. 85-24, to waive Section 19.12.060 to allow an encroachment into a setback area in the R-3-1200 Multiple Family Residential District. The location of the property is 1721 N. Conejo Drive. (53) (Item 13, Protest hearing on the vacation Street, east of Conejo Drive was also discussed time) of 17th at this (13 ) 10 8/4/86 Planning Director Schuma gave the backyround of the appeal hearing and explained that due to the action taken by the Council at the morning session on Item 13 (see page 7) this variance is no longer needed and recommended that the item be continued for two or three weeks until the resolution has been finalized. Mayor wilcox opened the hearing. Charles Schultz, from the law firm of Reid and Hellyer, 599 N. Arrowhead Avenue, San Bernardino, repre- senting Eldorado Bank, stated he would be happy to respond to any testimony given. Tina Gonzales, 1356 E. 17th Street, spoke in opposi- tion to the variance, as she felt this action and the street vacation that was approved in the morning session would depreciate the value of her property. She stated she was not aware of the item regarding the street vaca- tion considered earlier in the meeting, nor the fact that she could have written a letter of protest. She further stated that she had letters of protests and a petition signed by other residents of the neighborhood. Planning Director Schuma answered questions, stating that the responsibility of maintaining the street to be vacated would be performed by the property owner in per- petuity and explained how the street vacation would affect the residents. Tina Gonzales, 1356 E. 17th Street, objected to the vacation, as she felt it would be difficult to get the property owner to fulfill the obligation of proper main- tenance. She repeated her opinion that her property would be devalued and felt she should be financially compensated for this loss of property value. Ms. Gonzales also stated she felt there was a potential danger with a single access street in case of an earthquake or other emergency. Planning Director Schuma stated that under the Muni- cipal Code, there is no requirement for two means of access. Charles Schultz, representiny Eldorado Bank, stated that the issues being raised by Ms. Gonzales have all been previously considered. He pointed out what he felt were advantages to the residents by the street vacation. Mr. Schultz also spoke about the difficulties that would be involved if appraisers were called in to determine if the development being discussed would enhance or decrease the property values of the neighboring property. Council Member Reilly made a motion, seconded by Council Member Hernandez, that the action regarding the street vacation of 17th Street east of Conejo (Item 13, page 8) be reconsidered and rescinded and that the mat- ter, along with the appeal hearing on the Planning Co~ais- sion's decision of denial of Variance No. 85-24, be con- tinued to Monday, August 18, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. Charles Schultz, representing Eldorado Bank requested that the vote on this motion be delayed until Council Member Frazier returned to the meeting. Assistant City Attorney Sabourin stated it was his opinion that Council Member Frazier need not be present to go ahead and vote on the motion. 11 8/4/86 COUNCIL MEMBER FRAZIER RE'l'URi>ll:':D Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. The Council Frazier, Quiel. motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Strickler. Noes: None. Absent: Council Member COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. APPEAL HEARING - DENIAL OF TENTATIVE TRACT 13172 AND CONDITIONAL USE PERMIT NO. 85-72 - STEPHEN L. PLEASANT - C M ENGINEERING ASSOCIATES - NORTHWESTERLY OF CENTERLINE OF LITTLE LEAGUE DRIVE - CONTINUED FROM JULY 7,1986 This is the time and place continued to for consid- eration of an appeal filed by Stephen L. Pleasant, C M Engineering Associates, on the Planning Commission's decision of denial of Tentative Tract 13172 and Condi- tional Use Permit No. 85-72, to establish a 454 small lot subdivision (patio home) in the PRD-7, Planned Residential Development 7 units per acre (pending a zone change from MHP, Mobile Home Park Zone), on property located approx- imately 2,670 ft. northwesterly of the centerline of Lit- tle League Drive. (54) Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the appeal hearing on the Planning Commission s decision of denial of Tentative Tract 13172 and Conditional Use Permit No. 85-72 be continued to Monday, August 18, 198b in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. AMENDMENT TO SAN BERNARDINO MUNICIPAL CODE - SECTION 18.40.160 - PROVISION FOR INGRESS AND EGRESS In a memorandum dated July 29, 1986, Frank SChuma, Planning Director, reported on the Planning Commission meeting of July 15, 1986, at which time the proposed amendment to San Bernardino Municipal Code Section 18.40.1bO - provisions for ingress and egress (secondary access) - was discussed. After hearing testimony and discussion, the Planning Commission unanimously recom- mended that the Mayor and Council instruct the Commission to proceed with an ordinance amendment requiring two dedi- cated means of access. (55) Planning Director Schuma answered questions regarding the interpretation of the ordinance and how his staff was responding to questions from citizens. He stated that the ordinance indicates that two dedicated means of access for properties located in the high fire hazard zone are not required. There is a requirement for one dedicated means of access. The secondary access is for emergency use and has to be approved by the Fire Chief, as to its location and type of construction. Dick Gerwig stated that the first ordinance regarding the secondary access was a fine ordinance and suggested the Council go back to it. He felt that the City could be sued if it doesn't have dedicated streets and suggested that the Council retain the responsibility of the deter- mination of secondary access rather than giving it to the Fire Chief. He recommended a fully improved secondary access. Mr. Gerwig also advised against allowing exemp- tions. 12 8/4/86 Helen Kopczynski; 8150 Cable Canyon Rd.; stated she felt there were a lot of exemptions that are allowed to be made by the Fire Chief. It was her opinion that the ordinance should be tightened up. The cussion present. Mayor and Cormnon Council agreed on this matter until the Fire (See page 15) to postpone dis- Chief could be PUBLIC HEARING - ADOPTION OF OVERLAY ZONE PLAN - 40TH STREET AND SIERRA WAY In a memorandum dated July 29, 1986, Frank Schuma, Planning Director, recommended that the public hearing on the adoption of the Overlay Zone at Fortieth Street and Sierra Way should be continued to August 18, 1986 in order to provide sufficient notification to property owners and the paper of local circulation. (56) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the public hearing relative to the adoption of the Overlay Zone Plan at Fortieth Street and Sierra Way be continued to Monday, August 18, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ORD. MC-532 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.52.020 OF THE SAN BERNARDINO MUNICIPAL CODE TO REGU- LATE RECREATIONAL VEHICLES, AS DEFINED, OR BOATS ON PRIVATE PROPERTY. (57) The City Clerk read the title of the ordinance. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the ordinance be waived and said ordi- nance be adopted. Ordinance MC-532 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Strickler. Noes: None. Absent: Council Members Quiel, Frazier. CONSTRUCTION OF RIO VISTA PARK, PHASE II-B - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS - CONTINUED FROM JULY 21, 1986 This is the time and place continued to for consider- ation of granting approval of plans and authorization to advertise for bids for the construction of Rio Vista Park, Phase II-B. (15) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the plans for construction of Rio Vista Park, Phase II-B, in accordance with Plan No. 7038, be approved, and the Direc- tor of Public Works/City Engineer be authorized to adver- tise for bids. PUBLIC HEARING - CONSIDERATION OF IMPOSING A FEE OF 1/2 OF 1% ASSESSMENT ON COMMERCIAL CONSTRUCTION - FOR THE PURPOSE OF CULTURAL DEVELOPMENT - PART OF THE MASTER PLAN FOR FINE ARTS IN SAN BERNARDINO - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for consider- ation of imposing a fee of 1/2 of 1% assessment on com- mercial construction for the purpose of cultural develop- ment. The fee has been recormnended as part of the Master Plan for Fine Arts in San Bernardino. (See page 7) (12) 13 8/4/80 I The Mayor and Council discussed the figures that were presented regarding fees collected in surrounding cities. City Administrator Schweitzer answered questions regarding the fees as presented. COUNCIL MEMBER FRAZIER RETU~,ED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. Thelma Press , Executive Director, International Council, and Liaison for the Fine Arts Commission, answered questions and explained how the figures had been obtained. Susan Chow, Assistant to the City Administrator, answered questions of the Council regarding the fees charged by surrounding cities, stating that further check- ing is necessary. Council Member StriCKler stated that he felt that the Fine Arts is a very important issue to this community now and in the future, and needs to be funded, but questioned the method being suggested for funding. Mr. Strickler pointed out that a 1% fee has been charged for issuing Industrial Revenue Bonds, which was to be put aside in a separate fund for the purpose of providing that the City could get a Triple A rating on any future bonds, but another use has been found for the thousands of dollars that have been collected. He further stated that the utility tax was originally imposed as a temporary measure. However, that tax is still being collected and has been increased. Council Member Strickler stated he supported the Fine Arts 100%, and would do anything he could to find al ter- nate methods of funding. He explained tnat imposing the 1/2 of 1% assessment on commercial construction for the purpose of cultural development may be the proper method of funding the Fine Arts, but he was not convinced. He suggested that industry be asked if they want to volunteer to pay this fee when they propose development in the City. Council Member Marks made a motion, seconded by Council Member Reilly, to endorse this program and to approve in concept and principle the percentage develop- ment fee on commercial development for the purpose of creating monies to be used for cultural affairs in the City of San Bernardino; to direct the City Attorney to prepare the appropriate ordinances for the public hearing at the 1/2 of 1% level, the 3/4 of 1% level and the 1% level; at that public hearing the Common Council can, after listening to all testimony, make an affirmative decision on what the charge will be; to direct Thelma Press to contact all those agencies that were previously contacted about the 1/2 of 1% and indicate that the City will be considering a higher rate; and to direct the City Clerk to put a public notice on the Metro Page of The Sun indicating that the City will be considering a fee of 1/2 of 1% to 1%. The motion carried by the following vote: Council Members Estrada, Reilly, Marks, Frazier. Council Members Hernandez, Strickler. Absent: Member Quiel. Ayes: Noes: Council 14 8/4/86 AMENDMEN'f 'fa SAN BERNARDINO ~IUNICIPAL CODE - SECTION 18.40.160 - PROVISION FOR INGRESS AND EGRESS - DISCUSSED EARLIER IN THE MEETING This is the time and place continued to for discus- sion on a proposed amendment to San Bernardino Municipal Code section 18.40.160 relating to ingress and egress for secondary access. (See page 12) (5S) Fire Chief Newcombe was present and stated that all weather surface streets are manditory for secondary access roads and that he felt the City can have adequate egress and ingress without having a dedicated street. He ex- pressed his concern about the issue, but felt there should be some flexibility. He referred to a Forest Service road that is used by the City, which is not a dedicated road, but is a totally adequate secondary means of access. Fire Chief Newcombe answered questions regarding a paved road versus another type of surface for secondary access roads. He stated that in some cases the road would be paved, and in other cases an all weather surface would be adequate. He stated that a dedicated road would be the ultimate, but was not always available. Fire Chief Newcombe answered questions regarding maintenance of secondary access roads and stated that in cases where the road is maintained by another entity, he would call their attention to the need for repairs. Dick Gerwig stated he felt the City would be liable for lawsuits in the future if proper provisions are not made in providing dedicated secondary streets. Helen Kopcyznski, 8lS0 Cable Canyon Rd., expressed concern about the possibility of the closure of a road, such as the Forest Service road, and wondered what the City would do in such a case. She felt the City should anticipate the need for future access roads and make pro- visions in advance. Mrs. Kopcyznski suggested that the Council rescind the new ordinance and adopt the old ordinance. Fire Chief Newcombe stated that a developer is always instructed to put in the road during the first phase of development. Assistant City Attorney Sabourin answered questions regarding creating an operational definition to require all weather surface roads for secondary access. Council Member Marks made a motion, seconded by Council Member Strickler, that the Council approve a pol- icy which would make it unmistakably clear that secondary access is required; that the access have as a minimum an all weather surface, with an appropriate definition, and the requirement that if the Fire Chief determines that it must be paved, that it must be paved; that secondary ac- cess be dedicated either by the City or by the policy which would permit dedication through a third governmental entity, such as the Flood Control or Water District; that the access would have as a minimum two lanes for the pur- pose of emergency access and that if development occurs adjacent to the secondary access in the future, that the policy would require full implementation of a City dedi- cated street to include curbs, gutters, sidewalks and other street improvements as required by ordinance; that the Council endorse that concept for an ordinance and direct the City Attorney to prepare the same for hearing at the meeting of August 18, 1986. IS 8/4/86 The motion carried by Council Members Estrada; Strickler. Noes: Council Council Member Quiel. the following vote: Ayes: Reilly, Marks, Frazier, Member Hernandez. Absent: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ALAN KWONG CONDITIONALLY APPROVING ROOFING AT FACILITIES LOCATED AT III EAST HOSPI'rALITY LANE, AND PROVIDING FOR IM- PROVEMENT SECURITY THEREFOR. (New Business) In a memorandum dated July 30, 1986, Jim Robbins, Acting Superintendent, Building & Safety Department, ex- plained that information had been received by his office regarding roofing tile being installed at 111 E. Hospital- ity Lane which had not received proper approval by ICBO (International Conference of Building Officials). The owner is requesting that he be allowed to post a cash deposit equal to twice the cost of replacing the roof to permit final inspection and occupancy. Mr. Robbins further stated that he was upholding the issuance of a correction notice and that the building would not receive a final inspection until the problem is corrected. He presented two options to the Council: (1) Uphold his position; or (2) Recommend to the Mayor and Co~non Council that they consider accepting a cash deposit and authorize an agreement regarding the time for approval and assignment of liability. Assistant City Attorney Sabourin stated an agreement had been prepared and explained the provisions which in- cluded a hold harhlless clause and insurance coverage. Gary Fullburn, Manager and part owner of Apollo Roof- ing Company, stated he was the installer of the tile roof. He explained that this tile had been used on many other buildings and was very satisfactory. He further stated that this was the first time he had used this oriental tile and was not aware that ICBO approval was required. Mr. Fullburn, roofing contractor, answered questions and stated that the roof is 90% completed, and that if he were required to remove it, it would take about four weeks and all the tile would be broken. Jim Robbins, Acting Superintendent, Building & Safe- ty, answered questions regarding the technical nature of the testing and approval by ICBO. This approval is re- quired by the Uniform Building Code. He also stated that the owners of the project in question had initiated a process of testing of the tile in a private laboratory, but to be accepted by the City, the approval must be given by ICBO. Mike Hsi, representing the manufacturer of the tile, stated that this product has been used in the United States for 25 years and there have been no complaints. Ms. ping, representing the owners of the new restau- rant, stated that the restaurant would be ready to open in two weeks and if they are not allowed to open, it would cost them a great deal of money. The architect of the project stated he had designed the roof structure strong enough to provide adequate safety factors. 16 8/4/86 nU~~~M~~~ ~~rn ~~~nvn~ ~~I~KrK~Q~b, L~~.t RELATING TO THE STAGING OF A $1,000,000 CHAMPIONSHIP DRAG RACE IN THE CITY OF SAN BERNARDINO. ( 29 ) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, Council Member Hernandez and unanimously further reading of the resolution be waived. seconded by carried, that Assistant City Attorney Sabourin answered questions regarding the terms of the agreement. 17 8/4/86 Assistant City Attorney Sabourin spoke about a pro- vision in law called substantial compliance which might be applicable in this case in allowing the project to go forward. He stated that apparently the tile is quality material and that an innocent mistake had been made. Jim Robbins, Acting Superintendent of Building and Safety, stated that if the resolution were adopted, spec- ific Council direction would be needed for him to issue a Certificate of Occupancy. The City Clerk read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that fur- ther reading of the resolution be waived. Council Member Strickler made a motion, seconded by Council Member Frazier, that the resolution be adopted as amended by interdelineation to include a security deposit of $50,000. The motion failed by the following vote: Council Members Estrada, Frazier, Strickler. Council Members Reilly, Hernandez, Marks. Absent: Member Quiel. Ayes: Noes: Council PREVAILING WAGE REPOR'r - CONSIDERA'rION OF EXTENSION OF TIME Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, to consider Item RS-4, Prevailing Wage Report extension of time at this time. (RS-4) In a memorandum dated July 29, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, explained that on May 5, 1986, the Corrununity Development Corrunission authorized staff to engage the Research and Data Gathering Center, Cal State University, San Bernardino, as consul- tants to prepare a prevailing wage study. The report was due in 90 days (August 7, 1986). On July 28,1986, the consultant requested on extension of time to mid-Septem- ber. At their meeting of July 28, 1986, the Redevelopment Corrunittee unanimously recorrunended the request be denied. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to grant the request of California State University at San Bernar- dino to extend for 45 days the deadline for submittal of the Prevailing Wage Study to the Redevelopment Agency; and to direct the City Attorney to prepare the appropriate document for the extension, from the date of August 9, 1986. RES. 86-308 - RESOLUTION OF THE CITY m' SAt'! BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NETWORK EN'fERPRISES, INC., RELATING TO THE STAGING OF A $1,000,000 CHAMPIONSHIP DRAG RACE IN THE CITY OF SAN BERNARDINO. (29) City Clerk Clark read the title of the reSOlution. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived. Assistant City Attorney Sabourin answered questions regarding the terms of the agreement. 17 8/4/86 council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted as amended by interdelineation as follows: Page 10, line 5, after the figure $72,000, in- sert the words "annually, adjusted yearly for future con- struction costs. " Resolution No. 86-308 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. Mr. Chuck Foster stated that he had sponsorship for the agreement for three years and that 140,000,000 Seven- Up cans would carry the San Bernardino City Seal. LEGISLATIVE REVIEW COMMITTEE REPORT - JULY 31, 1986 Council Member Strickler, Chairman of the Legislative Review Committee, presented the report of the Legislative Review Committee meeting held on July 31, 1986. The fol- lowing items were discussed: (19) 1. Prevailing Wage Study - The COllunittee, after extensive discussion, recommended approval of a 45-day extension to September 15, 1986, in order for the team to complete their study. 2. Emblem Corporation - Tract Nos. 10459 - 10460 - The Committee reviewed the informa- tion provided by Planning and Engineering staffs and the Emblem Corporation represen- tatives and directed staff to take adminis- trative action in processing the resubmis- sion of tract maps. No Council action is required. 3. Park Fee Schedule and Priority Use of Park Facilities - The COllunittee recorcunended approval with minor changes. The Council Executive Assistant was directed to contact Mr. Keith Lowe and ask him to submit his request for assistance, with backup mater- ial, direct to the Council through the City Clerk. 4. Ordinance to Authorize Approved Volun- teers to Issue Notices of Parking Viola- tions to Vehicles Illegally Parked in Dis- abled or Physically Handicapped Parking Spaces - Item continued awaiting Ways and Means-Committee decision on "Blue Crew" implementation. 5. Animal Control Ordinance - Item con- tin ued:---Plann Tng-staff--w-rfl rev i ew the "land use" portion of this ordinance with coordination of City Attorney and Animal Control and bring back to the Corcuni ttee. 6. Q~~E~i~ht Committee for Workers' Com- pensation and Liability Claims - Item con- tinued. 7. ~es~!~!i~~~~!~~Ei~i~~_~ity~~minis- trator to Act as a Representative of the CItytoAPplyfor-DlsabTIIt:y-Ret"frement8= Item continued. 18 8/4/86 8. Park Construction Fees Waiver -Sandal- wood Park - The Committee recommended ap- proval 01'- the waiver. (See page 19 for Council action on cilis item) 9. Mall Parking Structure - Renovation - The Committee referred this item to the City Administrator for his recommendation on where funds would come from for this most needed renovation. lU. Assessment District for Fire Station Construction - Tri-City Corporate Complex - The Committee recommended approval of the alternate site location on Gould Street and asked Council Executive Assistant to send memo to RDA advising them of the decision and that the purchase would be made with tax increment from the off-ramp funding. The Mayor and Common Council discussed what direction had been given to staff for negotiations with Rancon on a fire station site. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, to direct the City Administrator to report on staff implementation of the Rancon Agreement as it pertains to the fire station. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the report of the Legislative Review Committee meeting held July 31, 1986, be received and filed. RESOLUTION OF THE MAYOR AND CO~qON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION M~D DELIVERY BY THE CITY OF LEASE AGREEMENT, GROUND LEASE AGREEMENT, AGENCY AGREEMENT, TRUST AGREEMEN'r AND ASSIGNMEN'r AGREEMENT WITH RESPECT TO THE ISSUANCE AND SALE OF CER'l'IFICATES OF PARTICIPATION (crry OF SAN BERNARDINO 1986 PROJECTS), APPOINT- ING TRUSTEE AND AUTHORI~ING ISSUANCE OF SUCH CERTIFICATES IN AN AMOUNT NOT TO EX- CEED $2,875,UUU. (Continued from July 7, 1986) (24) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be continued to Monday, August 18, 198b, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROVIDING FOR THE SALE OF NOT TO EXCEED $2,875,000 PRIN- CIt'AL AMOUN.r OF CER'rIFICA'rES OF PARTICIPA- TION (CITY OF SAN BERNARDINO 1986 PROJ- ECTS). (Continued from July 7,1986) (25) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be continued to August 18, 1986, in the Council Chambers of City Hall, 3UU North "0" Street, San Bernardino, California. 19 8/4/86 REPORT FROM ili1IW,L CONTROL ~ ALTERNATIVE PROGRAM FOR NO-FEE OR REDUCED-FEE ADOPTION PROGRAM TO ENCOURAGE ADOPTION OF ANU1J-,LS BY ELDERLY AND Hfu'1DICAPPED PERSONS In a memorandum dated July 30, 1986, Paul Turner, Director, Animal Control, reported on what progress had been made on the proposed alternative programs scenarios which would incorporate ideas for no-fee or reduced-fee adoption programs to encourage adoption of animals from the shelter and develop a program for matching elderly and handicapped persons with pets available at the shelter. Mr. Turner recommended continuance of this matter to allow sufficient time to investigate program proposals. (21) council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the Report from the Animal Control Department be continued to October 6, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, at which time a report will be provided by the Animal Control Department showing if the recent increase in adoption fees has had an effect on the number of adoptions. SANDALWOOD PARK APARTMENTS - REVIEW OF PLANS 85-23 LOG OF ACTIONS - PLAN CHECKING In a memorandum dated July 28, 1986, Roger Hardgrave, Director of Public Works/City Engineer, presented a copy of the log of actions in respect to plan checking by the Engineering Division regarding the Sandalwood Park Apart- ments, Review of Plans 85-23. (19) COUNCIL MEMBER MARKS EXCUSED At 6:00 p.m., Council Member Marks left the Council Meeting. Joe Levesque, the developer of Sandalwood Park Apart- ments, appealed the increase in Park & Recreation con- struction fees that have occurred since he first submitted his plans for the apartments to be located at the north- west corner of Baseline and Victoria. Assistant City Attorney Sabourin answered questions. Council Member Strickler Council Member Hernandez and waive the increase in the clarification. made a motion, seconded by unanimously carried, to fees, subject to legal RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13296, LOCATED ON THE SOUTH- EASTERLY CORNER OF HOME AVENUE AND PENNSYL- VANIA AVENUE, ACCEPTING THE PUBLIC DEDIC~- TIONS AS SET FORTH ON SAID MAP; AND AUTHOR- IZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (Continued from July 21, 1986) (23) Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be continued to Monday, August 18, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 20 8/4/86 PERSONNEL COMMITTEE REPORT - JULY 28, 1986 Council Member Reilly, Chairman of the Personnel Committee, presented the report of the Personnel Co~nittee meeting held on July 28, 1986. The following items were discussed: (16) 1. Deputy City Attorney position - The Commi'ttee-reco-mmendeia-approva-CoTthe re- quest for filling of the Deputy City At- torney III position. Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, to confirm the appointment of John F. Wilson as Deputy City Attorney III, Salary Range 3155, Salary Step 3, effective August 11, 1986. 2. policy on Acting position - Item con- tinued. The City Administrator will pro- vide a more detailed report and recommended resolution incorporating Department Head appointments by the Mayor and ratification within a 30-day period, by the Council. The Committee also recommended incorporat- ing immediate salary change to the acting position upon appointment of Department Heads. Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that the report of the Council Personnel Committee meeting of July 28, 1986, be received and filed. S & S MEAT PRODUCTS, 1389 WEST MILL - DISCUSSION In a memorandum dated August 1, 1986, from Frank A. Schuma, Planning Director, to City Administrator Schweitzer, a sequence of events concerning S & S Meat Products was presented, beginning on September 9, 197b, with the last entry dated August 1, 1986. (20) COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that a public hearing be held at 2:3U p.m., on Monday, August 18, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California; and that the owner of the S & S Meat Products, the surrounding residents and Gerry Downer of the Environmental Health Department be invited to attend. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned Meeting and took her place at the Council to the 'rable. Council RECESS MEETING - CLOSED SESSION At 6:35 p.m., Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously car- ried, that the Regular Meeting of the Mayor and Common Council recess to a Closed Session, pursuant to Government Code Section 54956.9(a) to confer with its attorney re- garding pending litigation which has been initiated for- mally and to which the City is a party regarding City of San Bernardino, et aI, vs. San Manuel Band of Mission Indians, et aI, Case No. U.W. District Court No. 85 6899 WJR-TBX)i-and-Walsh et al ; Government Code 54957 to con- sider personnel matter; and Government Code Section 21 8/4/86 549S6.9(c) to confer with its attorney regarding pending litigation regarding the HighlandjDelmann Heights Water Quality Authority. CLOSED SESSION At 6:35 p.m., tile Closed Session was called to order by Mayor wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler; Assistant City Attorney Sabourin, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Quiel. Also present: City Treasurer Craig Graves; General Manager of the Water Department Herbert Wessel; and Special Assistant to the Mayor Patty Gonzales. GENERAL MANAGER, WATER DEPARTMENT WESSEL Herbert Wessel, General Manager of Department left the Closed Session. EXCUSED the Water LARRY ROWE ARRIVED Larry Rowe arrived at the Closed Session. SPECIAL ASSISTANT TO THE MAYOR GONZALES, CITY TREASURER GRAVES, WATER DEPARTMENT GENERAL MANAGER WESSEL, AND LARRY ROWE EXCUSED At 8:55 p.m., Special Assistant to the Mayor Gonzales, City Treasurer Graves, Water Department General Manager Wessel, and Larry Rowe left the Closed Session. CITY CLERK CLARK, ASSISTANT CITY ATTORNEY SABOURIN EXCUSED City Clerk Clark and Assistant City Attorney Sabourin left the Closed Session. POLICE CHIEF BURL\lET'r ARRIVED Police Chief Burnett arrived at the Closed Session. CITY CLERK CLARK At 10:04 p.m., Closed Session. RE'fURNED City Clerk Clark returned to the POLICE CHIEF BURNETT EXCUSED AT 10:04 p.m., Police Chief Burnett left the Council Meeting. ADJOURN CLOSED SESSION At 10:15 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 10:15 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler; Assistant City Attorney Sabourin, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Quiel. 22 8/4/86 READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the remaining resolutions of the Council Agenda. Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of all the remaining resolutions on the agenda be waived. A RESOLUTION OF THE CITY OF SAN BERNARDINO CHANGING THE NAME OF ORANGE SHOW ROAD FROM THE 1-215 FREEWAY TO THE SOUTHWEST CITY LIMIT LINE TO AUTO PLAZA DRIVE WITHIN THE CORPORATE LIMI'fS OF THE CI'fY OF SAN BERNAR- DINO, WITH AN EFFECTIVE DATE OF SEPTEMBER 1, 1986. (37) Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be continued to August 18, 1986, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RES. 80-309 - RESOLUTION OF 'fHE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH AMERICAN YOU'rH SOCCER ORGAN- IZATION RELATING TO FUNDING FOR THE PURPOSE OF SEEDING AND FER'fILIZING THE SOCCER FIELDS LOCATED ON THE NORTHEAST CORNER OF PACIFIC AND CENTRAL AVENUE. (26) Council Member Marks made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 86-309 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 86-310 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WI'fH CTIC ASSOCIATES RELATING TO ADDITIONAL COMPENSA- TION FOR CABLE COMMUNICATIONS CONSULTING SERVICES. (27) Council Member Reilly made a motion, seconded by Council Member Estrada, that said resolution be adopted. vote: Marks, Member Resolution No. 80-310 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. RES. 86-311 - RESOLUTION OF 'rHE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN EXTENSION OF TERM OF LEASE WITH THE SEDLAK FAMILY TRUST RELATING 1'0 A ONE YEAR EXTEN- SION OF THE TER~I AND A THREE PERCEN'f IN- CREASE IN THE MONTHLY RENTAL FEE FOR THAT CER'fAIN OFFICE BUILDING COMMONLY KNOWN AS 646 NORTH SIERRA WAY. (28) Council Member Reilly made a motion, seconded by Council Member Estrada, that said resolution be adopted. vote: Marks, Member Resolution No. 86-311 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. 23 8/4/86 RES. 86-312 - RESOLu'rION OF 'rHE crry OF SAi" BERNARDINO AUTHORIZING THE EXECUTION AND RATIFICATION OF AN AGREEMENT WI'rH WARREN, MC VEIGH, GRIFFIN & SAVAGE RELATING TO AUDITING SERVICES. (31) Council Member Reilly made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 86-312 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 83-201 ENTITLED IN PAR'l' "RESOLUTION. . MODIFYING FEES FOR PLANNING SERVICES, ENGINEERING SERVICES, AND USES OF BUILDINGS, SPORTS FACILITIES, AND EQUIPMENT . . ."; AND INCLUDING PROVI- SIONS FOR CONTRACT PLAN CHECKING PROVIDED BY CITY EMPLOYED CONSULTANTS. (30) Assistant City Attorney Sabourin answered questions regarding the resolution. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be continued to Monday, August 18, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, for the purpose of advertising and conducting a public hearing. RES. 86-313 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 83-207, EN'rI'l' LED Ii" PART "RESOLUTION. . ESTAB- LISHING FEES FOR USE OF CITY SWIMMING POOLS", AND INCREAS ING 'rHE FEE FOR ATTEN- DANCE IN PUBLIC SWIMMING POOLS FROM TWEWl'Y-FIVE CENTS '1'0 FIFTY CEN'l'S E~'FECTIVE JULY 1, 1986. (33) Council Member Strickler made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 8b-313 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 86-314 - RESOLUTION OF THE CI'rY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN EXTENSION OF AGREEMENT WITH THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DI- RECTOR OF THE OFFICE OF EMERGENCY SERVICES, RELATING TO A TWO YEAR EXTENSION OF THE TERM FOR USE OF THE STATE'S OES FIRE ENGINE NO. 190. (34) Council Member StriCkler made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 86-314 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. 24 8/4/86 RES. 86-3lS - RESOLU'froN m' THE CITY m' SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 3 TO THE AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELA'l'ING '1'0 THE DELIVER:': O~' 'l':':PE A LUNCHES AND SCHEDULE B SNACKS TO CITY'S DELMANN HEIGHTS HEAD START CENTER, TO EXTEND THE TERM OF THE AGREEMENT FOR AN ADDITIONAL ONE YEAR PERIOD AND INCREASE THE STUDENT LUNCHES TO EIGHTY-TWO CENTS EACH. (35) Council Member strickler made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 86-315 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 86-316 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 83-201 EN'fITLED IN PART "RESOLUTION. . MODIFY- ING FEES FOR USES OF BUILDINGS " AND AUTHORIZING THE MA:':OR AND COMMON COUNCIL TO EXEMPT ORGANIZATIONS FROM FEES FOR USE OF PARK FACILITIES. (32) Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted as amended as follows: Page 1, line 21, change "may" to "shall"; Page 1, line 24, delete "the Director of Parks, Recreation and Community Services"; and on lines 25 and 20, delete "or the City Attorney;". Resolution No. 86-316 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 86-317 - RESOLUTION OF THE crr:.: OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (36) Council Member Marks made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 86-317 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 80-318 - RESOLUTION OF THE crr:.: OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A S'rANDARD CONTRACT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT AND CITY OF COLTON RELATING TO PREPARATION OF A REGION- AL DRAINAGE STUDY FOR THE PEPPER, MILL AND RANDALL BASINS. (38) Council Member Marks made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 86-318 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. 25 8/4/86 Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the expenditure of $2,500 from Acct. 248-368-57801, "Storm Drain Improvements", for the City" s share of the reg ional study by the Flood Control District for the Pepper, Mill and Randall Basins, be authorized. RES. 86-319 - A RESOLUTION OF THE MAYOR M,D COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO RELINQUISHING THOSE CERTAIN NON-VEHIC- ULAR ACCESS RIGHTS ON THE WEST SIDE OF ORCHARD DRIVE BETWEEN ROSEWOOD DRIVE AND LAURELWOOD DRIVE, IN THE CITY OF SAN BERN~RDINO. (39) Council Member Marks made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 86-319 was adopted by the following votes: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 80-320 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 12629, LOCATED ON THE NORTHEASTERLY CORNER OF WALNUT AVENUE AND IRVINGTON AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AU'fHORI ZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISIONS, WITH TIME FOR PERFORMANCE SPECIFIED. (40) Council Member Hernandez made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 86-320 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 86-321 - A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY RE- QUIRE THE PROPOSED MAINTENANCE OF LAND- SCAPING IN THE AREA OF RIALTO AVENUE, GEN- ERALLY BETWEEN EUCALYPTUS AND PEPPER AVE- NUE, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 974, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVES'rIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (41) Council Member Hernandez made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 86-321 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. 26 8/4/86 RES. 86-322 - RESOLUTION OF THE Crry OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE 'rHE FORMATION OF A LANDSCAPE MAINTENANCE DISTRICT; DECLARING rrs INTEN'rrON TO PRO- CEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS "ASSESSIYlEN'l' DISTRICT NO. 976", AND WAIVING NOTICE AND HEARING. (42) Council Member Hernandez made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 86-322 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that the Engineer's Report on the proposed Assessment District No. 976, pine and Belmont Landscape Maintenance District, be adopted. RES. 86-323 - RESOLUTION OF 'rHE Crry OF Sfu'\f BERNARDINO AWARDING A CONTRACT TO ALCORN FENCE COMPANY FOR CONSTRUCTION OF CHAIN LINK FENCE AND CONCRETE CURB FOR DELMANN HEIGHTS TRACK. (43) Council Member Hernandez made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 86-323 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. RES. 86-324 - RESOLUTION OF 'rHE CI'rY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985, EN'rI'rLED IN PART "A RESOLUTION. . . PRO- HIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR POWrrONS THEREOF . . ."; AU'rHOR- IZING A NO PARKING ANY TIME ZONE ON THE WEST SIDE OF CENTRAL AVENUE, SOUTH OF HIGH- LAND AVENUE. (44) Council Member Marks made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 86-324 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Strickler. Noes: None. Absent: Council Members Quiel, Frazier. RES. 86-325 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO WESTEffi~ TROPHY FOR THE FURNISHING AND DELIVERY OF VARIOUS SPORT TROPHIES AND MEDALS TO BE UTILIZED IN SPORTS PROGRAMS CONDUCTED BY THE PARKS, RECREATION AND COMMUNITY SERVICES DEPART- MENT IN ACCORDANCE WITH BID SPECIFICATION NO. F-86-30. (46) Council Member Marks made a motion, seconded by Council Member Hernandez, that said resolution be adopted. 27 8/4/86 Resolution No. 86-325 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Strickler. Noes: None. Absent: Council Members Quiel, Frazier. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. RES. 86-326 - RESOLUTION OF THE CITY OF SAN BERNARDINO AU'l'HORIZING THE SUPERINTENDENT OF PUBLIC BUILDINGS/PARKING CONTROL TO CANCEL CER'fAIN UNCOLLECTIBLE PARKING CrfA- TIONS. (45) Council Member Strickler made a motion, seconded by Council Member Estrada, that said resolution be adopted. vote: Marks, Member Resolution No. 86-32b was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. ORD. MC-533 - ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNI- CIPAL CODE (PETITION NO. 86-5, LOCATED APPROXIMATELY 158 FEET SOUTH OF THE CENTER- LINE OF 40TH STREET, ON THE WEST SIDE OF SEVERANCE AVENUE IN THE NORTHERN PORTION OF THE CITY), AND ADOPTING THE NEGATIVE DEC- LARATION FOR ENVIRONMENTAL REVIEW. (47) City Clerk Clark read the title of the ordinance. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that final reading of the ordinance be waived and said ordinance be adopted. Ordinance MC-533 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. ORD. MC-534 - ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNI- CIPAL CODE (PETITION NO. 86-3, LOCATED ON THE EAST SIDE OF CENTRAL AVENUE, APPROXI- MATELY 600 FEET SOUTH OF THE CENTERLINE OF HIGHLAND AVENUE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (48) City Clerk Clark read the title of the ordinance. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that final reading of the ordinance be waived and said ordinance be adopted. Ordinance MC-534 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. vote: Marks Member 28 8/4/86 ORD. MC':':; 3 5 .:. ORDINAL'WE OF THE CI'i'Y O~' SAN BERNARDINO ADDING CHAPTER 5.22 AND AMENDING TITLE 19 OF THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE A PERMIT FOR AND DEFINITION OF PARKING LOT SALES AND SIDEWALK SALES, AND TO PERMIT PARKING LOT SALES AND SIDE- WALK SALES IN C-I DISTRICTS SUBJECT TO A PERMIT. (49 ) City Clerk Clark read the title of the ordinance. Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that final reading of the ordinance be waived and said ordinance be adopted. Ordinance MC-535 was Ayes: Council Members Frazier, Strickler. Noes: Council Member Quiel. adopted by the following vote: Estrada, Reilly, Hernandez, Council Member Marks. Absent: ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCOR- PORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PE'rI- TION NO. 86-14, GENERALLY LOCATED ON THE NOR'rH SIDE OF CITRUS STREET EXTENDING NORTHERLY TO PIEDMONT DRIVE AND BEING LO- CATED APPROXIMATELY 620 FEET EAST OF THE CENTERLINE OF VICTORIA AVENUE), AND ADOPT- ING THE NEGATIVE DECLARATION FOR ENVIRON- MENTAL REVIEW. (50) City Clerk Clark read the title of the ordinance. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that first reading of the ordinance be waived and said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPOR- ATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-7, HAVING A FRONTAGE OF APPROXI- MATELY 50 FEET ON THE EAST SIDE OF ARROW- HEAD AVENUE AND APPROXIMATELY 77 FEE'r NORTH OF THE CENTERLINE OF 21 ST STREET), AND ADOPTING THE NEGATIVE DECLARATION FOR EN- VIRONMENTAL REVIEW. (51) City Clerk Clark read the title of the ordinance. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that first reading of the ordinance be waived and said ordinance be laid over for final passage. GENERAL REPORTS AND CORRESPONDENCE Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the following items be filed: (52) 29 8/4/sb a. Civil Service Eligibility Lists for: Fire Fighter Trainee Senior Lifeguard Data Systems Operator Senior Services Aide Custodial Aide b. Before the Public utilities commission of the State of California: Order instituting investi- gation into the appropriate cost recovery treat- ment for costs of power produced at Palo Verde Nuclear Generating Station for sale to customers of the Southern California Edison Company. c. Before the Public Utilities Commission of the State of California: Application of paging Net- work, Inc., a Delaware Corporation, for a certi- ficate to construct additional radio-telephone utility facilities serving the greater Los Angeles, Santa Barbara, and Palm Springs areas as may be required by Sec. 1001, et seq. of the California Public Utilities Code. RES. 8b-327 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING THE FINAL BUDGET OF SAID CITY FOR THE FISCAL YEAR 1986-1987. (New Business) City Clerk Clark read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. vote: Marks, Member Resolution No. 86-327 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. APPROVAL OF PROCEDURES - COLLECrION OF OUTSTANDING PARKING FINES In a memorandum dated July 30, 198b, Council Member Strickler presented a memorandum dated July 29, 1986, from Deputy City Attorney Loren McQueen which sets forth provi- sions in Section 41103 of the California Vehicle Code regarding the collection of outstanding parking fines. (S-2) Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that the matter of the collection of outstanding parking fines be referred to the Legislative Review Cornnittee. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10.16.1S0 OF THE SAN BER- NARDINO MUNICIPAL CODE TO AUTHORIZE PERSON- NEL TO IMMOBILIZE VEHICLES. (S-3) City Clerk Clark read the title of the ordinance. Counc i 1 Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that first reading of the ordinance be waived. Assistant City Attorney Sabourin answered questions. Wayne Overstreet, Superintendent, Public Buildings/ Parking Control, answered questions. 30 8/4/86 Council Member Strickler made a motion; seconded by Council Member Estrada and unanimously carried; that said ordinance be laid over for final passage. RES. 86-328 - RESOLUTION OF THE CITY OF SAN BERNARDINO AIVARDING A CONTRACT TO VALLEY CREST LANDSCAPE, INC., FOR CONSTRUCTION OF PHASE I-A, ZONE B., SECCOMBE LAKE STATE URBAN RECREATION AREA. (S-4) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resol ution be waived and said resolution be adopted. vote: Marks, Member Resolution No. 86-328 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. SM, BEffi'ARDINO BIG LEAGUE TEAM - ASSISTANCE FOR TRANSPORTATION TO WESTERN REGIONAL TOURNAMENT In a memorandum dated August 4, 1986, Council Member Marks explained that the Big League All-Star Team from San Bernardino's District 43 won the Southern California Divi- sional Championship. The Western Regional Big League Tournament is being held this year in Sacramento, Cali- fornia, from August 3, 1986, through August 8, 1986. Big League All-Star Team is requesting financial assistance in the amount of $2,200 for bus transportation to the Tournament. (New Business) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, to author- ize an amount not to exceed $2,200 from the Promotion and Publicity Account No. 01-091-S30S0 to defray costs of the Big League All-Star Team to go to the Southern California Divisional Championship Tournament in Sacramento, Cali- fornia, from August 3, 1986, through August 8, 1986. WAYS AND MEANS COMMITTEE REPORT - JULY 14, 1986 Council Member Marks, Chairman of the Ways and Means Committee, presented the report of the meeting of the Ways and Means Committee held on July 14, 1986. The following items were discussed: (17) 1. JPA Insurance Pool - Proposal un ani- mous[yrecommended1)y-staff (City Attorney, City Administrator, RiSk Manager). Com- mittee endorsed and recommended adoption by the full Council. Staff was directed to scrutinize the proposal and select date for implementation. City Attorney and City Administrator will put necessary documents together for Council review. 2. .!3:.!.sk~an~9.~~~!!!~ud5!~!-B~vi~~ - The Finance Director briefed the Committee regarding the budget figures presented previously at the Budget Review. The 1.2 million dollars estimated for liability insurance premiums was based on an estimate for insurance coverage that was received at the time of budget preparation by Risk Management. When the budget was finalized for distribution, it was known that insur- 31 8/4/8b ance would not be obtained and the esti~ mated fund balance in the liability insur- ance fund was adjusted accordingly; there- fore, no extra dollars are available. The figures and options have been updated and these will be discussed with the full Council at the next budget session. 3. Animal Control Ordinance - The Co~nit- tee endorsed the ordinance with recommended changes and directed City Attorney to for- ward to full Council following its review by the Legislative Review Committee. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the report of the Ways and Means Committee meeting of July 14, 1986, be received and filed. WAYS AND MEANS COMMITTEE REPORT - JULY 28, 1986 Council Member Marks, Chairman of the Ways and Means Co~aittee, presented the report of the meeting of the Ways and Means Committee held on July 28, 1986. The following items were discussed: (18) 1. Cable TV Contract - Harold Horn - The Commi t tee recommended extension of Mr. Harold Horn's contract based on the oral report and recommendation of the City Administrator. 2. ~an~!~~EE~~~lu~~~~~~~~~~~~al- Item continued after extensive discussion. The City Administrator is to provide a detailed listing of offsets and revenues projected, along with necessary resolution at the next meeting. Expanded use of a "Blue Crew" in other City functions is also to be explored. 3. Million Dollar Mile - The Committee reviewed the agreement -between the City and Network Enterprises, discussed and recommended some changes: a) That a long term (10 year) agreement be accepted with annual, good faith negotia- tions taking place to provide for enhance- ment and to retain the event in San Bernar- dino under reasonable circumstances. b) That if Arrowhead Avenue becomes unsuitable at a future date, both parties agree to a mutually acceptable location. c) That a minimum $5 million liability insurance be provided by Network. d) That Network agrees, concurrent with the third and following years, to deposit sufficient revenues into a special fund to be utilized for the specific purpose of repaving Arrowhead Avenue in future years. The agreement as refined was recommended for approval and presentation to the full Council at the August 4, 1986, Council meeting. n 8/4/86 4. ~~!~~Y of Surrounding citi~s' Cornmer- ~i:~.!_!2~v~lo~~Q.1::--E:ee~ - The COlmnittee re- viewed the survey and recommended it to go forward to the Council as previously re- quested. Council Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the report of the Ways and Means CorMlittee meeting of July 28, 1986, be received and filed. RES. 86-329 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, APPROVING A CERTAIN FEE SCHEDULE IN CONNECTION WITH CERTAIN TRUST ACCOUNTS. (R-8) City Clerk Clark read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. vote: Marks, Member Resolution No. 86-329 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE NO. 3815 RELATING TO THE FINANCING OF PROJECTS FOR THE ENCOURAGING OF INCREASED EMPLOYMENT WITHIN THE CITY. (RS-6) City Clerk read the title of the ordinance. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said ordinance be continued to Monday, August 18, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and that Redevelopment Legal Counsel review with Bond Counsel Timothy Sabo the proposed ordinance and be prepared to discuss it at that time. ENTERPRISE ZONE - AMENDMENT TO ORDINANCES NUMBERED MC-480 AND MC-481 In a memorandum dated July 31, 1986, Glenda Saul, Executive Director, Redevelopment Agency, explained the background on the Infill Housing issue; Rebates - Indus- trial Area 13.18.060; and the Westcom Development project and recommended amendments to Ordinance Nos. MC-480 and MC-48l. (RS-7) Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that the following items be approved: (A) That vacant parcels zoned for multifamily resi- dences which otherwise qualify as infill housing sites and are within the boundaries of priority Areas numbered 1, 2, 3, 4, and 5, within the Enterprise Zone be included as part of the City's Infill Housing Program and the Enter- prise Zone Incentive Ordinance be amended accordingly; (B) That Chapter 3.18.060 of the Municipal Code en- titled "Rebates-Industrial Area", be amended to read as follows: "During the first year of operation of any qual- ifying new industrial business that locates within the industrial area of the Enterprise Zone during the first 33 8/4/86 four (4) years of the life of the Enterprise Zone; city shall rebate the following. ."; (c) That the Westcom Development Company located on Highland Avenue between Western and Mt. Vernon Avenues be approved to receive the benefits and incentives identical to those associated with the commercial designated subarea of the Enterprise Zone and the commercial designated sub- area boundary be amended accordingly. COUNCIL MEMBER ESTRhDA EXCUSED Council Member Estrada left the Council Meeting Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the previous action on the proposed alnendment to Ordinance Nos. MC-480 and MC-481 be reconsidered. Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, to re- affirm the approval of the following two items: (B) That Chapter 3.18.060 of the Municipal Code entitled "Rebates-Industrial Area", be amended to read as follows: "During the first year of operation of any qualifying new industrial business that locates within the industrial area of the Enterprise Zone during the first four years of the life of the Enterprise Zone, City shall rebate the following. .", (C) That the Westcom Development Company located on Highland Avenue between Western and Mt. Vernon Avenues be approved to receive the benefits and incentives identical to those associated with the commercial designated subarea of the Enterprise Zone and the commercial designated subarea boundary be amended accordingly. Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the following item be continued to Monday, August 18, 1986, in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California: Item (A) That vacant parcels zoned for multifamily residences which otherwise qualify as infill housing sites and are within the boundaries of priority areas number 1, 2, 3, 4, and 5, within the Enterprise Zone be included as part of the City's Infill Housing Program and the Enterprise Zone Incentive Ordinance be amended accordingly. ADJOURNMENT At 11:34 p.m., Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, that the meeting be adJourned to August 18, 1986, at 9:00 a.m., in the Council Chambers of City Hall, 300 North Ilnll Street, San Bernardino, California. 4@;'///.7{~/f-A . ;7'."""'City Clerk 34 8/4/86