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HomeMy WebLinkAbout06-15-1987 Minutes City of San Bernardino, California June 15, 1987 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:08 a.m., Monday, June 15, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. INVOCATION The Invocation was given by Pastor Alan Rosenberg, Christian & Missionary Alliance Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Pope-Ludlam. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: None. PUBLIC COMMENTS Raiford Humphries, 1445 Wilson Street, requested that City forces look into the condition of an abandoned house located at 1719 Magnolia Street, and stated that cars are continually parked on the street, precluding street sweep- ing service. (A) Greg Garcia, Chairman of the More Attractive Commu- nity Task Force, was directed by Mayor wilcox to check on the reported conditions, and to locate the owner of the property at 1719 Magnolia Street. PROCLAMATION - DOLLARS AGAINST DIABETES DAY - SATURDAY, JUNE 20, 1987 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino, proclaiming Saturday, June 20, 1987, as Dollars Against Diabetes Day. (B) Council Member Flores accepted the proclamation designating June 20, 1987, as Dollars Against Diabetes Day, in order that the citizens of San Bernardino may be included in a fundraising campaign for the construction of the Diabetes Research Institute in Miami, Florida. COMMENDATION - PEGGY ALLENBAUGH - CAROLYN ANDERSON - ANIMAL SHELTER VOLUNTEERS Richard Bennecke, Executive Assistant to the Mayor, read a commendation of the Mayor of the City of San Ber- nardino, recognizing Peggy Allenbaugh and Carolyn Anderson for their outstanding achievement and service as key volunteers at the Animal Shelter. (B) Mayor Wilcox presented the commendation to Peggy Allenbaugh and Carolyn Anderson. Paul Turner, Director of the Animal Shelter, thanked the Mayor and Common Council for recognizing the efforts of Peggy Allenbaugh and Carolyn Anderson on behalf of the Animal Shelter. APPOINTMENT - SECOND WARD Pursuant to a memorandum dated June 5, 1987, from Mayor Wilcox, Council Member Flores made a motion, seconded by Council Member Estrada and unanimously car- ried, that the appointment of Henry J. Field, 971 N. Arrowhead Ave., San Bernardino, CA 92410, to the Animal Advisory Commission, as requested by Council Member Reilly to represent the Second Ward, be approved. (C) APPOINTMENTS - FIFTH WARD Pursuant to a memorandum dated June 4, 1987, from Mayor Wilcox, Council Member Miller made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the following appointments, as requested by Council Member Minor to represent the Fifth Ward, be approved: (C) Robert L. Stone, 3097 Belmont Ave., San Bernardino, CA 92407 - Planning Commission; Helen Kopczynski, 8150 Cable Canyon Rd., San Bernar- dino, CA 92407 - Parks, Recreation & Community Services Commission; Lisa Vogn Piehl, 4854 Alta Dr., San Bernardino, CA 92407 - Commission for Disabled; Jean Featherstone Andersen, 3309 N. "H" Street, San Bernardino, CA 92405 - Community Development Citizen Advisory Committee; Edward E. Gardner, 395 West 39th Street, San Bernar- dino, CA 92405 - Central City Parking Place Commission; William C. Payne, 5495 Stoddard, San Bernardino, CA 92407 - Bureau of Franchises Margo Tannenbaum, 3087 N. Acacia St., San Bernardino, CA 92405 - Animal Advisory Commission. APPOINTMENTS - SIXTH WARD Pursuant to a memorandum dated June 4, 1987, from Mayor Wilcox, Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the fOllowing appointments, as requested by Council Member Pope-Ludlam to represent the Sixth Ward, be approved: (C) Darlene Jacks, 2495 San Anselmo Street, San Bernar- dino, CA 92405 - Community Development Citizen Advisory Committee; Richard Cole, 1648 W. Virginia, P. O. Box 7418, San Bernardino, CA 92411 - Planning Commission; Henrietta (Penny) Cole, 1648 W. Virginia, P. O. Box 7418, San Bernardino, CA 92411 - Community Television Commission. SWEARING IN OF COMMITTEE APPOINTEES City Clerk Clark gave the Oath of Office to the various committee appointees on the Council Agenda, with the exception of Lisa Vogn Piehl, who was not present. 2 6/15/87 AUTHORIZATION TO PROCEED - AMEND BOUNDARIES - LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 975 - MILL STREET AND PEPPER AVENUE In a memorandum dated June 2, 1987, Roger Hardgrave, Director of Public Works/City Engineer, stated that a petition has been received for the formation of a land- scape maintenance district along Pepper Avenue, bordering Tentative Tract 13490 and existing Assessment District 975. (9) Roger Hardgrave, City Engineer, recommended that the boundaries of Assessment District 975 be amended by ex- panding them to include the new tract, and stated that the developer has paid for the costs of the expansion pro- ceedings. City Attorney Penman stated that in order to comply with the California Environmental Quality Act (CEQA), findings, based on evidence, must be provided. City Engineer Hardgrave stated that it is his under- standing that this proposed amendment of boundaries is exempt from CEQA. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that dis- cussion concerning the amendment of the boundaries of Assessment District 975 be continued to the afternoon session of the meeting. (See Page 20 ) APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS - REPLACEMENT OF OAK STREET BRIDGE OVER WARM CREEK In a memorandum dated June 2, 1987, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the replacement of the Oak Street Bridge over Warm Creek have been prepared, and that the project is ready to be advertised for bids. (10) City Engineer Hardgrave answered questions as to whether or not a CEQA study is necessary on this project, since National Environmental Protection Act regulations had been followed. City Attorney Penman stated that NEPA clearance does not exempt the City from CEQA requirements. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the matter concerning the Oak Street Bridge be continued to the afternoon session of the meeting. (See Page 20) APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS - REPLACEMENT OF VALLEY STREET BRIDGE OVER WARM CREEK In a memorandum dated June 3, 1987, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the replacement of the Valley Street Bridge over Warm Creek have been prepared, and that the project is ready to be advertised for bids. (II) The necessity of following CEQA requirements was discussed. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the matter concerning the Valley Street Bridge over Warm Creek be continued to the afternoon session of the meeting. (See Page 20) 3 6/15/87 APPROVE MINUTES - MAY 13, 1987 Council Member Estrada made a motion, seconded by Council Member Maudsley, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 13th day of May, 1987, as submitted in typewritten form. (1) Council Member Reilly stated that he would abstain from this item, as he was not present at the meeting held May 13, 1987. The motion carried Council Members Estrada, Ludlam, Miller. Noes: Council Member Reilly. by the Flores, None. following vote: Ayes: Maudsley, Minor, Pope- Absent: None. Abstain: APPROVE MINUTES - MAY 18, 1987 Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 18th day of May, 1987, as submitted in typewritten form. (2) APPROVE MINUTES - MAY 27, 1987 Council Member Estrada made a motion, seconded by Council Member Maudsley, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 27th day of May, 1987, as submitted in typewritten form. (3) Council Member Reilly stated that he would abstain from this item as he was not present at the meeting of May 27, 1987. The motion carried Council Members Estrada, Ludlam, Miller. Noes: Council Member Reilly. by the Flores, None. following vote: Ayes: Maudsley, Minor, Pope- Absent: None. Abstain: APPROVE MINUTES - MAY 29, 1987 Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 29th day of May, 1987, as submitted in typewritten form. (4) AUTHORIZE ACCEPTANCE - PAYMENT OF INSURANCE IN LIEU OF RENTAL FEES - USE OF FDR BOWL - MAY 2 - AUGUST 25, 1987 - JR. UNIVERSITY In a memorandum dated June 2, 1987, Annie F. Ramos, Director, Parks, Recreation & Community Services, stated that Junior University, Inc. has requested the use of the FDR Bowl at Perris Hill Park for their youth theatre, and has requested the opportunity to supply insurance coverage in lieu of rental fees for use of FDR Bowl. (5) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the acceptance of payment of an insurance premium by the Jr. University in lieu of a rental fee for the FDR Bowl at Perris Hill Park, be authorized for the period of May 2 through August 25, 1987, for its annual performance. 4 6/15/87 AUTHORIZATION TO APPLY FOR FUNDING - "FOOD FOR ALL" PROGRAM In a memorandum dated May 29, 1987, Annie Ramos, Director of Parks, Recreation & Community Services, stated that "Food for All", a non-profit benefit corporation providing funding for organizations engaged in feeding the hungry and working on long-range solutions to assure future self-sustenance, has selected the Westside Drop-In Center as one of the sites within the City for the pro- gram. ( 6 ) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the Director of the Parks, Recreation and Community Services Department be authorized to apply for funding in the amount of $1,500 from "Food for All", a non-profit public benefit corporation, for administration of the "Food for the Hungry Program" through the Westside Drop-In Center. AUTHORIZATION OF $2,500 EXPENDITURE - CITY PROMOTIONAL FUND - GRAND OPENING OF SECCOMBE LAKE In a memorandum dated June 4, 1987, Annie Ramos, Director of the Parks, Recreation & Community Services Department, requested $2,500 from the City Promotional Fund to cover expenses regarding the grand opening of Seccombe Lake. (7) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that $2,500 from the City Promotional Fund be approved for the grand opening of Seccombe Lake on June 20, 1987. APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS - REMOVAL OF STAIRS - CLOSING OPENING ON THIRD FLOOR, CITY HALL In a memorandum dated May 18, 1987, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the removal of the stairway and filling the opening on the Third Floor of City Hall have been prepared by Inter- design, and that the project is ready to be advertised for bids. (8) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the plans for removal of the stairway and filling in the open- ing on the Third Floor of City Hall, in accordance with Plan No. 7266, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. EXTENSION OF SWEEPING SERVICE CONTRACT - IPS SERVICES - CENTRAL CITY MALL SURFACE & 3-LEVEL PARKING STRUCTURE In a memorandum dated June 5, 1987, Wayne Overstreet, Superintendent of Public Buildings/Parking Control, re- quested an extension of a contract with IPS Services for sweeping the Central City Mall surface and three-level parking structure. (12) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the extension of the contract with IPS Service, Inc. for sweeping the Central City Mall surface parking lots and three-level parking structure, for a period of 90 days, be approved; and that the Director of Public Works/City Engineer be authorized to re-advertise for bids. 5 6/15/87 CLAIMS AND PAYROLLS Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carr ied, to approve demands against the City and authorize the issu- ance of warrants as follows: (13) 1. Approve the register of demands dated: May 27, 1987 June 2, 1987 86/87 86/87 #40 #41 $1,186,031. 79 632,694.74 2. Approve the total gross payroll for the period May 11, 1987, through May 24, 1987, in the amount of $1,351,085.70. PERSONNEL ACTIONS Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the personnel actions submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino, be approved. (14) APPOINTMENTS Police Department Dispatcher I - Effective June 16, 1987 Laura Desiree Collins Michael Dean Wellington Patricia L. Lamb Ricky Joe Messersmith - Police Officer _ Effective June 16, 1987 APPOINTMENTS/TEMPORARY Public Works/public Buildings Security Officer - Effective June 16, 1987 Gloria J. Nichols Eileen M. Prieto Gregory J. Payne Custodial Aide III - Effective June 16, 1987 Juan Cabrera Cornelius Crayton Carlos Gonzalez Jimmie Jones Lucious McGilberry Robert Sater field I sabel Casti 110 Donald Emkens Ernest Greer Robert Lopez Jim Raught Moreno Singletary Extra Relief Heavy Laborer - Effective May 4, 1987 Robert Mayoral Patrick E. Robinson Dennis D. Moreno Robert ROdriquez Extra Relief Heavy Laborer - Effective May 20, 1987 Steven Henry Arthur A. Molina Charles Silva Elias P. Hernandez Andrew R. Romo Paul A. Simms 6 6/15/87 S.B.E.T.A. - Admin. Summer Youth Specialist - Effective June 16, 1987 Maurice Gordon Julia L. Seeman Parks, Recreation & Community Services Margarita Olson - Typist Clerk/Part-Time _ Effective June 16, 1987 Summer Lunch Monitor - Effective June 16, 1987 Nell ie Lopez Renee E. Stevens Latonya Reaves Linda M. White Clementina Calderon - Kitchen Helper/Part-Time _ Effective June 16, 1987 Recreation Aide - Effective June 16, 1987 Barbara Alexander Theresa Armistead Martin Beltran LaTonya D. Butler Melissa A. Flores Sophia Gutierrez Angela L. Joyner Eliazar Moreno, Jr. Denise E. Nash Aaron L. Olive Ricky R. Robinson Charlene F. Serrano Hope D. Webb Mark Alexander Therese Mazurier Veronica Romero Dale E. Armistead Linda Atilano Andrew A. Berumen Regina M. Castro Paula R. Garcia pierre M. Hill Bregeet R. Kennedy Floyd Morris Ann M. Nicklin Mike C. Ornelas, Jr. Carlos Romero Vamia L. Washington Kevin J. Williams James Beaumont Esther Ramirez Jeanett Vance Recreation Leader - Effective June 16, 1987 Yvonne Knox Hershey Nation Margaret Staten Paul Contreras Frank Henderson Gary Johnson Carol Harrison Darlene Rundquist Matthew Rootland Linda Bowden Lloydine R. McClung Benjamin Ramirez Tina Cisneros Don Ervin Sarah Hernandez Kathryn Maynard Tracy A. Rascon Beverly Stone Charmaine Dalton Senior Recreation Leader - Effective June 16, 1987 Marjorie Loenhorst La Vanne Pennington Gary Roberts Lawrence Bains Stella Gonzales Linda Bogosian Scott Kay Harald Luther Michele A. Mittlehauser Melvin Tapp Susana Ochoa Patricia Pennington Pamela lee Bailey Martha Diaz Monica Harley Bernitta Joyner Sally Harris Glenn Miller Robert Rowe Susan L. Lewis Recreation Specialist - Effective June 16, 1987 Janet Chaney Mary Robin Orrison Eula Coble 7 6/15/87 Senior Services Aide - Effective June 16, 1987 Hubert French Margaret Talmadge Yvonne Serrano Coach Operator - Effective June 16, 1987 Michael A. Hughes Odessa M. Walker Lifeguard - Effective June 16, 1987 Dennis R. Cochems, Jr. Jill A. Conley Ray Armenta Lisa M. Reisch Gregory A. Carter Kirsten A. Kremer Japh Rauscher Senior Lifeguard - Effective June 16, 1987 David S. Hamm Barbara L. Roecker Matthew Dickey Hernando Sabogal Supervising Lifeguard - Effective June 16, 1987 Jill Grenowich Jana Quinlan PROMOTION Fire Department Charlotte S. Reynolds - Fire Prevention Specialist to Senior Fire Prevention Inspector - Effective June 16, 1987 Parks, Recreation & Community Services George Foster - Recreation Center Mgr. I to Recreation Center Mgr. II - Effective June 16, 1987 PROMOTION TEMPORARY Parks, Recreation & Community Services Teresa M. Wilson - From Recreation Leader to Senior Recreation Leader - Effective June 16, 1987 Brenda E. Mayes - From Lifeguard to Senior Lifeguard - Effective June 16, 1987 Beverly A. Johns From Recreation Leader to Lunch Monitor - Effective June 16, 1987 TRANSFER City Administrator Marie Beltran - From Secretary - Planning Department to Secretary (Confidential), City Administrator's Office - Effective June 22, 1987 DEMOTION/VOLUNTARY Police Department Gregg Lee Wisdom - From Dispatcher I to Complaint Desk Coordinator - Effective June 16, 1987 8 6/15/87 READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all of the reso- lutions on the Council Agenda. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolutions be waived. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A NEW STANDARD FORM AGREEMENT AND RELEASE OF THE EXISTING AGREEMENT RELATING TO THE IMPROVEMENTS TO BE INSTALLED IN TRACT NO. 10182, LOCATED APPROXIMATELY 488 FEET SOUTH OF THE CEN- TERLINE OF IRVINGTON AVENUE AND EAST OF OLIVE AVENUE. (Cont. from June 1, 1987) (16) City Engineer Hardgrave explained that this resolu- tion was placed on the Council Agenda in anticipation that the plans would be approved for the project, and they have not yet been approved. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be continued to the July 6, 1987, meeting of the Mayor and Cornmon Council of the City of San Bernar- dino. RES. 87-189 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING STANDARD REQUIRE- MENT NO. 11 RELAT I NG TO UNDERGROUND I NG UTILITY LINES. (Cont. from June 1, 1987) (15) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 87-189 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Pope-Ludlam, Miller. sent: None. by the following Reilly, Flores, Noes: None. Ab- RES. 87-190 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY COLLEGE (SENIOR IMPACT PROGRAM). (18) Council Members Estrada and Pope-Ludlam stated that they would abstain from this item due to a possible con- flict of interest, as their agencies may be applicants for future block grant funds. Council Member Reilly made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 87-190 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: None. Abstain: Council Members Estrada, Pope-Ludlam. RES. 87-191 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TEDDY BEAR TYMES CHILD CARE CENTER, INC. (19 ) 9 6/15/87 Council Members Estrada and Pope-Ludlam stated that they would abstain from this item due to a possible con- flict of interest, as their agencies may be applicants for future block grant funds. Council Member Reilly made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 87-191 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: None. Abstain: Council Members Estrada, Pope-Ludlam. RES. 87-192 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BER- NARDINO, INC. (17) Ken Henderson, Director of Community Development, stated that the recommendation of the Citizens' Advisory Committee regarding grant funding of the Young Women's Christian Association was that the funds be utilized to purchase materials only, and that County monies be used for removing the asbestos. Clarification was made that the grant application was not specifically for the removal of the asbestos, which requires special handling, and that the Citizens Advisory Committee would not have to review the proposal a second time. Council Members Estrada and Pope-Ludlam stated that they would abstain from this item due to a possible con- flict of interest, as their agencies may be applicants for future grant funding. Council Member Maudsley made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 87-192 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: None. Abstain: Council Members Estrada, Pope-Ludlam. RES. 87-193 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BETHLEHEM HOUSE. (20) Council Members Estrada and Pope-Ludlam stated that they would abstain from this item due to a possible con- flict of interest, as their agencies may be applicants for future block grant funds. Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 87-193 was adopted by the vote: Ayes: Council Members Reilly, Flores, Minor, Miller. Noes: None. Absent: None. Council Members Estrada, Pope-Ludlam. following Maudsley, Abstain: 10 6/15/87 RES. 87-194 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FAMILY SERVICE AGENCY OF SAN BERNARDINO. (21) Council Members Estrada and Pope-Ludlam stated that they would abstain from this item due to a possible con- flict of interest, as their agencies may be applicants for future block grant funds. Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 87-194 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: None. Abstain: Council Members Estrada, Pope-Ludlam. RES. 87-195 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROLLING START, INC. (LIFELINE). (22) Council Members Estrada and Pope-Ludlam stated that they would abstain from this item due to a possible con- flict of interest, as their agencies may be applicants for future block grant funds. Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 87-195 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: None. Abstain: Council Members Estrada, Pope-Ludlam. RES. 87-196 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO COUNTY COMMUNITY HOUSING RESOURCES BOARD. (23) Council Members Estrada and Pope-Ludlam stated that they would abstain from this item due to a possible con- flict of interest, as their agencies may be applicants for future block grant funds. Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 87-196 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: None. Abstain: Council Members Estrada, Pope-Ludlam. RES. 87-197 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND COUNTIES FAMILY LEARNING CENTER. (24) 11 6/15/87 Council Members Estrada and Pope-Ludlam stated that they would abstain from this item due to a possible con- flict of interest, as their agencies may be applicants for future block grant funds. Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution 87-197 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: None. Abstain: Council Members Estrada, Pope-Ludlam. RES. 87-198 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND MEDIA- TION BOARD. (25) Council Members Estrada and Pope-Ludlam stated that they would abstain from this item due to a possible con- flict of interest, as their agencies may be applicants for future block grant funds. Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 87-198 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: None. Abstain: Council Members Estrada, Pope-Ludlam. RES. 87-199 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND COUNTIES REGIONAL CENTER. (26) Council Members Estrada and Pope-Ludlam stated that they would abstain from this item due to a possible con- flict of interest, as their agencies may be applicants for future block grant funds. Council Member Flores made a motion, seconded by Council Member Maudsley, that said resolution be adopted. Resolution No. 87-199 was adopted by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: None. Abstain: Council Members Estrada, Pope-Ludlam. RES. 87-200 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION... CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; TO ADD ONE POSITION OF SECRE- TARY AND ONE POSITION OF TYPIST CLERK III IN THE CITY ADMINISTRATOR DEPARTMENT. (27) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. 12 6/15/87 Resolution No. 87-200 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sen t : None. RES. 87-201 - RESOLUTION OF THE CITY OF SAN BERNARDINO, ESTABLISHING THE APPRO- PRIATIONS LIMIT FOR THE FISCAL YEAR 1987/88 FOR THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA GOVERNMENT CODE. (28) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 87-201 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-202 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 44 TO LOCAL AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECT NO. 8-5033 BETWEEN SAID CITY AND THE STATE OF CAL I FORN I A, ACT I NG BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION. (29) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 87-202 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-203 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 45 TO LOCAL AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 8-5033 BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION. (30) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 87-203 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-204 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BONADIMAN-MC CAIN, INC. FOR IMPROVEMENT OF TIPPECANOE AVENUE AT MISSION CREEK. (31) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. 13 6/15/87 Resolution No. 87-204 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Mi 11 er. Noes: None. Ab- sent: None. RES. 87-205 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO J & R LANDSCAPE MAINTENANCE COMPANY, INC. FOR MAINTENANCE OF LANDSCAPING AND IRRIGATION SYSTEM IN SECCOMBE LAKE STATE URBAN RECREATION AREA. (32) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 87-205 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-206 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF A PUBLIC NUISANCE. (1093 W. FIFTH STREET, 1404 N. COLORADO, 1456 N. COLORADO, 450 E. HOLDEN, 1327 W. KINGMAN, 2691 N. PENNSYLVANIA, 2478 W. ST. ELMO). (33) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be adopted. Resolution No. 87-206 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. READING AND WAIVING OF ORDINANCES ON THE AGENDA City Clerk Clark read the titles of the ordinances on the Council Agenda. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the ordinances be waived. ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING ZONING DESIGNATION C-M, COMMER- CIAL MANUFACTURING DISTRICT, FOR CERTAIN DESCRIBED PROPERTY (PREZONE 86-11, BOUNDED ON THE EAST BY TIPPECANOE AVENUE, ON THE SOUTH BY THE 1-10 FREEWAY, ON THE WEST BY ORCHARD DRIVE AND ON THE NORTH BY THE EXISTING CITY LIMIT BOUNDARY), AND ADOPT- ING THE NEGATIVE DECLARATION FOR ENVIRON- MENTAL REVIEW. (First) (34) City Attorney Penman stated that the proposed zone change is under the Phase 3 Extension from the Office of Planning and Research and, therefore, is under court order. City Clerk Clark answered questions regarding time limits between first and final readings of ordinances. 14 6/15/87 City Attorney Penman stated that there is a minimum time limit between first and final readings of ordinances, but that it is unclear if there is a maximum time limit regulation. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the ordinance be continued to the July 6, 1987, meeting of the Mayor and Common Council of the City of San Bernardino, because this ordinance is subject to Phase 3 of the OPR extension, and for clarification. ORD. MC-603 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.27.100 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAIN- ING TO COSTS INCURRED BY CITY FOR WEED/ DEBRIS REMOVAL FROM PRIVATE PROPERTY, AND REPEALING SECTIONS 8.27.110, 8.27.120 AND 8.27.130. FINAL (35) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that said ordinance be adopted. Ordinance MC-603 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. ORD. MC-604 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.04.095 OF THE SAN BERNARDINO MUNICIPAL CODE CON- CERNING THE REQUIREMENT FOR ROOFING IN HIGH WIND AREAS. FINAL (35a) City Clerk Clark provided a history of previous Mayor and Common Council action concerning the ordinance, and answered questions regarding the Council Agenda descrip- tion of Item 52, which would extend the requirement for wind-resistant roofing City wide. Council Member Flores made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that said ordinance be adopted. Ordinance MC-604 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. GENERAL REPORTS AND CORRESPONDENCE Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the following Board of Building Commissioners' resolutions be filed: (36) BBC 1153 2226 W. King St. Ray Gregory, Inc. dba Shoreline Assoc. BBC 1154 140 N. Mt. Vernon John Carranza BBC 1155 2773 W. Etiwanda Iona E. Bair BBC 1156 260-268 E. 18th Isreal M. Aspe BBC 1157 671 N. "0" St. Wayne Burton, c/o Robert A. Baker BBC 1158 1558 N. Colorado COleridge Browne BBC 1159 1147 N. Muscott Louis A. Schumacher or David W. Scott 15 6/15/87 PUBLIC HEARING - PROPOSED REFUSE COLLECTION RATE INCREASE - RESIDENTIAL AND COMMERCIAL This is the time and place set for a public hearing to consider a proposed refuse collection rate increase, for residential and commercial services. (37) Mayor wilcox opened the hearing. City Clerk Clark stated that no written protests have been filed in her office. Helen Kopczynski, 8150 Cable Canyon Road, suggested that the City consider separating and recycling garbage in order to keep from increasing refuse collection rates. City Administrator Schweitzer stated that County dumping fees have continued to increase, and that the City has not had a refuse collection fee increase since 1983. Manuel Moreno, Jr., Director of Public Services, answered questions regarding the use of private contrac- tors and city crews for refuse collection. The Director of Public Services presented a schedule of comparative rates as follows: Neighboring Communities Refuse Rates San Bernardino $6.10 mo., 2/wk. service, 32 gal. containers Redlands $8.00 mo., $9.55 mo., 2/wk. service, 32 gal. containers Riverside $17.10 backyard, $14.90 by garage, $9.10 at curb per mo., 2/wk. service, 20 to 32 gal. containers Fontana $8.60 mo., 2/wk. service, 30 to 35 gal. containers Rialto $6.70 mo., l/wk. service, 32 gal. con- tainers Rancho Cucamonga $7.25 mo., l/wk. service, 32 gal. con- tainers Grand Terrace $6.50 mo., l/wk. service, max. 36 gal. containers Lorna Linda $6.50 mo., l/wk. service, 32 gal. con- tainers Yucaipa $8.20 mo., l/wk. service, 32 gal. con- tainers Colton $7.15 mo., 2/wk. service, 32 gal. con- tainers; Private - $7.37 mo., l/wk. service, 32 gal. containers Unincorporated Highland $8.25 mo., l/wk. service, 32 gal. con- tainers Muscoy $7.50 mo., l/wk. service, 32 gal. con- tainers Lytle Creek $23.30,3 mo., l/wk. service, 32 gal. containers Ontario $6.00 mo., l/wk. service, 20 to 36 gal. containers 16 6/15/87 I City Clerk Clark stated that a public notice concern- ing the refuse collection rate increase had been published in the newspaper, and that her office received no com- plaints regarding the increase. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously stated, that the memorandum written by Manuel Moreno, Jr., Director of Public Services, dated May 5, 1987, providing justifi- cation for the refuse collection rate increase to Ray Schweitzer, City Administrator, as refuse collection fees do not exceed the annual costs of providing the service, be made a part of the record, and a finding on which to base the rate increase. Res. 87-207 - RESOLUTION OF THE CITY OF SAN BERNARDINO FIXING AND DETERMINING THE FEES AND CHARGES TO BE CHARGED FOR THE COLLECTION AND DISPOSAL OF REFUSE, AND REPEALING RESOLUTION NO. 83-245 AND AMEND- MENTS THERETO. (37) City Clerk Clark read the title of the resolution. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the hearing be closed; that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 87-207 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. APPROVAL OF IMPLEMENTATION PLAN - CENTRAL GARAGE AUDIT - CONTINUED FROM MAY 11, 1987 This is the time and place continued to for consi- deration of an implementation plan for the Central Garage Audit. (38) City Administrator Schweitzer answered questions, stating that the costs for the hoists will be absorbed into next year's budget. Council Member Reilly made a motion, seconded by Council Member Miller and unanimously carried, that the implementation plan for the Central Garage Management Audit be approved; that staff be authorized to include $60,000 in the 87/88 Budget for the purchase of two, three-post hoists, and that the other recommended staffing and funding requirements costing an estimated $64,100 be considered in the mid-year update of the 87/88 Budget. RECOMMENDATIONS FOR GRANT AWARDS - FINE ARTS COMMISSION In a memorandum dated June 10, 1987, Liaison for the Mayor's Office, provided dation made by the Fine Arts Commission various organizations. Thelma Press, the recommen- for fund ing to (39) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the matter concerning funding recommendations made by the Fine Arts Commission be continued to the July 6, 1987, meeting of the Mayor and Common Council, in order that Thelma Press, Liaison for the Mayor's Office, may be present to answer questions. (Action later rescinded - See Page 33 ) 17 6/15/87 AGREEMENT - COUNTY OF SAN BERNARDINO, DEPARTMENT OF MENTAL HEALTH, PATTON STATE HOSPITAL, EAST VALLEY WATER DISTRICT - ESTABLISHMENT OF PARK - PATTON STATE HOSPITAL In a memorandum dated June 15, 1987, Council Member Maudsley provided a copy of a Memorandum of Agreement, an amendment to the MOU with the Department of Mental Health, Patton State Hospital, East Valley Water District, the City and County of San Bernardino, and the estimated costs for maintenance of a 10-acre passive park. (40) City Attorney Penman explained that since the co- operative agreement is to establish a plan, and not for construction, that action can be taken by the Mayor and Common Council, although the proposed park is in Phase III of the Extension from the Office of Planning and Research. City Clerk Clark stated that a resolution is needed in order to approve an agreement. Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the matter be referred to the City Attorney in order that the necessary documents may be prepared. LEGISLATIVE REVIEW COMMITTEE MEETING MINUTES _ MAY 28, 1987 The minutes of the Legislative Review Committee Meet- ing held May 28, 1987, were received and filed at the June 8, 1987, meeting of the Mayor and Common Council. Subse- quent to that action, it was discovered that Item 7 of the minutes was mistakenly omitted. (41) Council Member Reilly, Chairman of the Legislative Review Committee, presented the following item from the minutes of the Legislative Review Committee meeting held June 8, 1987: 7. Sewer Capacity Rights - The Committee recommended that the schedule of charges for sewer capacity rights be reviewed at a future committee meeting and that serious consideration be given to maintaining an increasing scale of charges for sewer rights. Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that Item 7 on the minutes of the Legislative Review Committee meet- ing held May 28, 1987, be received and filed. PERSONNEL COMMITTEE MEETING MINUTES - JUNE 4, 1987 Council Member Reilly, Chairman of the Personnel Committee, presented the following report of the Personnel Committee Meeting held June 4, 1987, at which time the fOllowing items were discussed: (42) 1. Garage Audit - Personnel Changes -Item continued. The Committee agreed in con- cept with the recommended changes; how- ever, since some additional coordination is needed, the item will be brought back to Committee. 2. Secretary - Depu!Y~i!~dmi~~!ra- tor/Administrative - The Committee recom- mended approval. 18 6/15/87 3. Tele-Communications Clerk City Administrator - The Committee recommended approvaTofa Typist clerk III to fill this position. 4. Account Clerk/Secretary - Building & Safety Department - The Committee recom- mended approval of a secretary posi tion in the Department of Building & Safety. 5. !:!~~~eve~cting~ositio~ - The Commi ttee recommended approval of the resolution as presented. City Administrator Schweitzer stated that the docu- ments needed for the Higher Level Acting position will be available for the July 6, 1987, meeting of the Mayor and Common Council of the City of San Bernardino. 6. Discussion - Traffic Engineering Divi- sion Item continued. The Committee needed additional time to review the Ber- keley Study. Since Public Services and Public buildings are impacted, the Com- mittee needed more input. Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the minutes of the Personnel Committee meeting held June 4, 1987, be received and filed. WAYS AND MEANS COMMITTEE MEETING MINUTES _ JUNE 12, 1987 Council Member Estrada, Chairwoman of the Ways and Means Committee, presented the following report of the items discussed at the June 12, 1987, meeting of the Ways and Means Committee: (43) 1. Softball Fees and Adult Special In- terest Programs - Item continued. The Committee receIved a report from Mr. Kramer and subsequently directed him to provide the Committee members a draft copy of a recommended survey. The survey would poll team son their option for services they would like to receive and what it would cost. The teams are to be notified that Mr. Frank Hernandez has lodged a complaint with the Committee. The Com- mittee is exploring alternatives to the present system. Additionally, Mr. Kramer will review the report on the Church League to determine if there are any vio- lations in the amount they pay versus that of the regular league. 2. Material and Equipment Stored in Con- vention Center - The Committee recommended disposal of equipment and material as recommended by Public Buildings and Pur- chasing representatives. The City Admini- strator will take administrative action to accomplish same. 19 6/15/87 3. ~epo.E.~om~r inSL.E:.ee~.E.QEosed by Other Cities for Once-A-Week Refuse Ser- vice - The Committee received a report from Public Services. Mr. Moreno was directed to prepare two charts for the public hearing on June 15. The first is to be a graph depicting escalating costs in four areas of refuse collection (dump charges, salar ies, garage charges, and equipment costs). The second chart will display a comparison of San Bernardino to surrounding areas or cities indicating residential costs and service schedules (once/twice per week). Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the minutes of the Ways and Means Committee meeting held June 12, 1987, be received and filed. DISPOSITION OF PUBLIC WORKS PROJECTS - OFFICE OF PLANNING & RESEARCH - DISCUSSION REGARDING AGENDA ITEMS PERTAINING TO DEVELOPMENT While discussing the disposition of Public Works pro- jects on the Council Agenda, the Mayor and Common Council requested that City Attorney Penman provide information regarding the legal requirements of the California En- vironmental Quality Act. (See Page 3) (9, 10 & 11) City Attorney Penman stated that although the Public Works project Council Agenda items were continued until the afternoon session, he was prepared to provide the information requested by the Mayor and Common Council. City Attorney Penman read from the California En- vironmental Quality Act Public Resources Code, and answered questions regarding the City entering into agree- ments before CEQA studies are completed. City Administrator Schweitzer was requested to insure that all facets of the CEQA requirements are met before items are brought before the Mayor and Common Council. No formal action was taken. (See Page 32) COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Table. RISK MANAGEMENT REPORT - DISPOSITION OF CASES FILED AGAINST CITY - CONTINUED FROM MAY 18, 1987 This is the time and place continued to for a report concerning the disposition of cases filed against the City of San Bernardino. (44) Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the report concerning the disposition of cases filed against the City be continued to the July 20, 1987, meeting of the Mayor and Common Council of the City of San Bernardino. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council Table and took her place at the Council Table. 20 6/15/87 PROHIBITING SOLICITATION OF ABSENTEE BALLOTS - SECTION 2.56.001, SUBSECTION "A" OF MUNICIPAL CODE - CONTINUED FROM MAY 18, 1987 This is the time and place continued to for discus- Slon of Section 2.56.001, Subsection A of the Municipal Code of the City of San Bernardino, regarding the possi- bility of prohibiting solicitation of absentee ballots. (45 ) City Clerk Clark provided data regarding City elec- tions conducted since 1975, the use of absentee ballots and recommendations for lessening the abuse of the absen- tee ballot process. City Attorney Penman stated he has drafted an ordi- nance, stating that his research has not found any case law against prohibiting solicitation of absentee ballots. City Clerk Clark explained the difference between applying for an absentee ballot by use of the voter's Sample Ballot, as opposed to an application for an absen- tee ballot being handled by a campaign worker. The penalties for illegal handling of absentee bal- lots were discussed. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that fur- ther discussion of prohibiting solicitation of absentee ballots be continued to the afternoon session of the meet i ng. (See Page 22) 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. RECESS MEETING - CLOSED SESSION At 11:20 a.m., Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting recess to Closed Session pursuant to Government Code Section 54956.8 to discuss the disposition of a certain site for a proposed new hotel, as well as the lease of real property commonly known as the City of San Bernardino Convention Center to interests represented by KOAR, Inc. of Los Angeles. (RS-4) CLOSED SESSION At 11:20 a.m., the Closed Session was called to order by Mayor wilcox in the Conference Room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Pen- man. Absent: City Clerk Clark, Ci ty Admi ni stra tor Schweitzer. Also present: Glenda Saul, Executive Director of the Redevelopment Agency; Steven Deitsch, Special Counsel and Lauren Ostrow of KOAR, Inc. RECESS CLOSED SESSION At 12:25 p.m., the Closed Session recessed to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 21 6/15/87 RECONVENE MEETING At 12: 25 p.m., the Regular Meeting of the Mayor and Common Council and the Redevelopment Agency reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark. Absent: City Administrator Schweitzer. MEMORANDUM OF UNDERSTANDING - HOTEL AND CONVENTION CENTER This is the time and place set to consider a Memoran- dum of Understanding by and between the Redevelopment Agency, the City of San Bernardino and Koar, Inc., re- lating to the Downtown Hotel and City-owned Convention Center. (RS-5) The Mayor and Common Council discussed the memorandum of understanding, and the need for the City Attorney to have more time to review documents. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the Memorandum of Understanding by and between the Redevelop- ment Agency, the City of San Bernardino and Koar, Inc. relating to the Downtown Hotel and City-owned Convention Center, be continued to the recessed meeting of the Mayor and Common Council to be held at 9:00 a.m., June 16, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECESS MEETING At 12:50 p.m., Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting be recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 2: 10 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Pro Tempore Pope-Ludlam; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Mayor Wilcox. PROHIBITING SOLICITATION OF ABSENTEE BALLOTS _ SECTION 2.56.001, SUBSECTION A, MUNICIPAL CODE _ CONTINUED FROM EARLIER IN MEETING City Attorney Penman stated that after review and discussion concerning the ordinance he had drafted regard- ing prohibiting solicitation of absentee ballots, he recommended that the ordinance be referred to a committee and his office for further review. (See Page 21) (45) MAYOR WILCOX ARRIVED AT MEETING At 2:15 p.m., Mayor wilcox arrived at the Council Meeting and took her place at the Council Table. 22 6/15/87 City Attorney Penman spoke regarding telephone com- plaints on the abuse of absentee ballots and applications received by the City Clerk's Office during the recent elections, and written laws concerning absentee ballots. Mayor wilcox spoke regarding a letter received by her office from Ed Jacobsen, Realtor, dated June 11, 1987, concerning the solicitation of absentee ballots, and re- quests for information and speakers by public service organizations. City Clerk Clark read a letter dated June 10, 1987, from the League of Women Voters and referred to a letter dated June 15, 1987, from the Thursday Morning Group, regarding the organizations' support of legislation to prohibit the solicitation of absentee ballots. Mike Valles, Assistant to Senator Ayala, was present and recommended that a check be made of how other cities handle absentee ballots and applications, and that more part-time help be employed during elections. Bill Jacocks, President of the Westside Action Group, stated that he has been collecting petition signatures against possible prohibition of the use of absentee bal- lots, as he was under the misconception that the City was considering eliminating the absentee ballot application. He stated that he now finds the petition inappropriate, and explained why the absentee ballot process is especi- ally important in Ward Six of the City. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the City Attorney be instructed to review the matter and present a set of alternatives to the Legislative Review Committee for their consideration; that all interested parties be notified when the matter is reviewed by the Legislative Review Committee for public input, and that the matter be brought back at the August 17, 1987, meeting of the Mayor and Common Council. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. PUBLIC HEARING - MUNICIPAL CODE SECTION 15.04.095 - USE OF HURRICANE CLIPS ON TILE ROOFS This is the time and place set for a public hearing concerning the use of hurricane clips and tile roofs in the entire City. (52) The Mayor and Common Council discussed the descrip- tion of the public hearing as listed on the Agenda, and the advertising of the hearing for public notification and input. City Administrator Schweitzer agreed to contact the Fire Chief regarding the advisability of enacting an ordi- nance which would require tile roofs throughout the entire City. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that a new public hearing regarding tile roofs throughout the entire City for prevention of wind damage, be set for 2:30 p.m., July 6, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 23 6/15/87 COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the Council Table. Council Member Maudsley made a motion, seconded by Council Member Miller, that the public hearing be adver- tised in the local newspaper in a block ad. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Absent: None. Abstain: Council Member Pope-Ludlam. CHANGE OF ZONE 87-14 - FROM R-3-3000 TO C-l _ KENDALL DRIVE AND STATE STREET - APPLICANT, CITY OF SAN BERNARDINO - OWNER, SAN BERNARDINO WATER DEPARTMENT In a memorandum dated June 4, 1987, Vince Bautista, Principal Planner, provided information regarding the request of the City of San Bernardino for Change of Zone No. 87-14, to change the land use zoning district from R-3-3000, Multiple-Family Residential to C-l, Neighborhood Commercial, on property located at Kendall Drive and State Street, owned by the San Bernardino Water Department. (53) City Attorney Penman stated that the property is located in the Phase V area of the City as determined by the Office of Planning and Research, which is under a building moratorium by court order. The Mayor and Common Council discussed the number of projects being affected by the building moratorium and exemptions to the moratorium. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that dis- cussion of Change of Zone 87-14 be continued to the July 6, 1987, meeting of the Mayor and Common Council. CHANGE OF ZONE 87-10 - FROM M-1 TO C-M _ CAROLINE STREET AND HUNTS LANE - APPLICANT, C. G. ENGINEERING - OWNER, THE CLUB BUSINESS PARK In a memorandum dated June 4, 1987, Vince Bautista, Principal Planner, provided information regarding the request of C.G. Engineering for Change of Zone 87-10, to change the land use zoning district from M-l, Light In- dustrial to C-M, Commercial Manufacturing, on property located at Caroline Street and Hunts Lane, owned by The Club Business Park. (54) Vince Bautista, Principal Planner, answered questions regarding the consistency of the requested zone change with the surrounding area. Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the responses to comments be approved; that the Negative Dec- laration for environmental impact, which has been reviewed and considered, be adopted; that the findings and recom- mendation of the Planning Commission be approved, and that the necessary amendments be made to the Zoning Code. VARIANCE 87-18 - FOUR-STORY OFFICE BUILDING _ HOSPITALITY AND HUNTS LANES - MERV SIMCHOWITZ In a memorandum dated June 4, 1987, Vince Bautista, Principal Planner, provided information regarding Variance 87-18 requested by The Simchowitz Corporation for a four- story office building to be located on the corner of Hospitality and Hunts Lanes. (55) 24 6/15/87 The Planning Commission considered the variance, and upon the advice of the City Attorney, remanded the item to the Environmental Review Committee to study potential traffic impacts and liquefaction. The Simchowitz Corpora- tion mistakenly thought the variance to be denied at that time, and filed an appeal. Charles Schultz of the law firm Ried & Hellyer, was present, along with an engineer and a liquefaction expert, to answer questions of the Mayor and Common Council, hop- ing to expedite approval of the project, as a study by the Environmental Review Committee would take thirty days. City Attorney Penman stated that it would be inap- propriate for the Mayor and Common Council to approve the variance at this time, as CEQA reguirements regarding a complete environmental analysis have not been met; nor is it known if the project is consistent with local lique- faction resolutions, which is required by OPR. He also stated that if the 30-day letter has been sent, the City cannot require additional information on a project. If the project is approved, the City would vio- late OPR requirements, in addition to CEQA. This project must meet CEQA requirements, as well as support the claim of extraordinary circumstances described in the May 29, 1987, letter received from Reid & Hellyer. City Attorney Penman further stated that if the applicant, The Simchowitz Corporation, is willing to waive rights provided in the 30-day letter, then the matter can go to the ERC. If the applicant is not willing to waive the rights, then the Mayor and Common Council have no other option but to act on the requested variance today. The variance would necessarily be denied, because CEQA re- quires a complete analysis, which has not been done. Charles Schultz, attorney for The Simchowitz Corpora- tion, stated that a liquefaction and traffic study on the proposed project area has been on file with the City for some time. The Simchowitz Corporation has built several projects in the immediate area, and has used the same studies for all of their projects. City Attorney Penman stated that a liquefaction study must be completed for each individual project. He ques- tioned why a report dated October, 1984, which covers the proposed project area, and provides information regarding the project, has not been before the Environmental Review Committee. Charles Schultz, attorney, stated that the grading plan for the project had been approved by the Planning and Engineering Departments and that the grading has been completed. John Starner of C. G. Engineering, stated that the traffic report was completed before Buildings 6, 7, 8 and 9 were constructed, and that the study included future projects lying west of the building. It was approved by the City Traffic Engineer. Patricia Green of The Simchowitz Corporation answered questions regarding the project's Owner's Participation Agreement, which provided a build-out schedule. 25 6/15/87 vince Bautista, Principal Planner, answered ques- tions, stating that the studies made in 1984 had not gone before the ERC for this specific project. patricia Green of The Simchowitz Corporation, stated that the study made in 1986 had not been before any review committee. City Attorney Penman stated that new liquefaction maps have been issued by the United States Geological Survey since the time of the studies, and repeated that the Mayor and Common Council do not have sufficient evi- dence before them in order to grant the variance. He further stated that conflicting evidence from the appli- cant and City staff requires the Mayor and Common Council to make a decision. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions, stating that studies are done at the point of adoption of projects, not at the time of approval of the Owner's Participation Agreement. Charles Schultz, attorney, stated that when staff recommended approval of a negative declaration on the pro- ject, he assumed the project met the regular checklist of requirements, and that the environmental studies were reviewed at that time. Helen Kopczynski, 8150 Cable Canyon Road, spoke re- garding the fOllowing of correct procedure in that the studies must be reviewed by the Environmental Review Com- mittee. City Attorney Penman spoke regarding policy consi- derations and requirements by City, State and Federal law. The Mayor and Common Council discussed the need for developers to be provided with a written checklist of requirements when applying for approval of developments, and that this matter should be handled before the second meeting of the Mayor and Common Council in July, 1987. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the matter be referred back to the ERC as recommended by the Planning Commission, and that the Planning Department be instructed to give specific instructions to potential developers as to what is required of them and for what purpose. City Attorney Penman answered questions regarding the policy requiring that projects go before the Planning Commission after being reviewed by the Environmental Re- view Committee, and that if the Planning Commission ap- proves the project, or if their decision is not appealed, it would not be required to come before the Mayor and Common Council. He further stated that developers should make them- selves familiar with the City's Municipal Code in order to know what is expected of them. The Mayor and Common Council requested that the Plan- ning Department and City Attorney's Office review planning items before they are placed before the Mayor and Common Council, to ensure that all requirements are met. 26 6/15/87 It was agreed that staff would provide a checklist of project needs, so that all requirements are met before projects come before the Planning Commission. No formal action was taken. APPEAL - PLANNING COMMISSION'S DENIAL - CONDITIONAL USE PERMIT 87-31 - SALE OF ALCOHOLIC BEVERAGES FOR OFF-SITE CONSUMPTION - 738 S. WATERMAN AVENUE - APPLICANT, STEVE FREEMAN _ OWNER, LINBAR INVESTMENTS In a memorandum dated June 4, 1987, Vince Bautista, Principal Planner, provided background information con- cerning Conditional Use Permit No. 87-31 for the sale of alcoholic beverages for off-site consumption within the C-M, Commercial Manufacturing District, at 738 S. Waterman Avenue, owned by Linbar Investments, and as requested by applicant Steve Freeman. (56) Vince Bautista, Principal Planner, stated that Con- ditional Use Permit 87-31 was technically denied by the Planning Commission on a three-to-three vote. The Police Department recommended approval of the permit. He further stated that there was considerable testi- mony at the Planning Commission meeting from members of a church, which is located across the street from the pro- ject. The church members oppose the sale of alcohol at this location. Percy Harper, Associate Minister at St. Mark's Mis- sionary Baptist Church, stated he had no objection to the market or any other type of economic development, but he was concerned about alcoholic beverage sales, and the amount of problems already existing at that location due to loitering. Lonnie Barrier, a resident of San Bernardino for 42 years and a member of St. Mark's Missionary Baptist Church, stated that the area has a high degree of problems relating to robbery and crime. Ellen Hooks, area resident, stated that she is op- posed to the sale of beer and wine at this location, and presented concerns regarding loitering, as children pass the corner to go to Mill School. Bernard M. Ward, Willie Singletary and Lee Williams, members of St. Mark's Missionary Baptist Church, spoke in opposition to the sale of liquor at this location. Steve Freeman, applicant, stated that the market will be offering all types of food, and that they are attempt- ing to develop a neighborhood market. In order for the market to be successful, the beer and wine sales license is needed. He further stated that the distance from the door of the church to the door of the store is 500 feet. Mr. Freeman disagreed with the claims that this is a high crime area. Council Member Maudsley made a motion, seconded by Council Member Reilly, that the hearing be closed; that the decision of the Planning Commission be overruled and that Conditional Use Permit No. 87-31 be granted. 27 6/15/87 The motion carried Council Members Estrada, Ludlam, Miller. Noes: None. by the following vote: Ayes: Reilly, Maudsley, Minor, Pope- Council Member Flores. Absent: BRYN MAWR SEWER PROJECT - CONTINUED FROM JUNE 1, 1987 This is the time and place continued to for discus- sion of the Bryn Mawr sewer project, as requested by Ralph Hernandez, former Council Member. (46) City Attorney Penman stated that he has reviewed the request that the City of San Bernardino sell sewer rights to Bryn Mawr, and stated that the way to accomplish this would be to modify the joint powers agreement. He ex- pressed concern that the City would have to defend the giving away or selling of sewer rights to someone in another area, which might expose the City to some type of inverse condemnation. The City of Loma Linda advised the City of San Ber- nardino that they would not provide sewer rights from their supply to Bryn Mawr. Herb Wessel, General Manager of the Water Department, stated that there has not been a date set for the sale of additional sewer capacity rights. Bernie Kersey, Director of Administration/Finance of the Water Department, answered questions, stating that there are 325 uncommitted rights left in the pool. The Mayor and $400,000.00 allocated Block Grant funds. Common Council discussed the from County Community Development The City Attorney stated that the City is under no obligation to issue these rights to Bryn Mawr. Bernie Kersey stated that he would like to see an engineer's report on the economic feasibility of redoing the existing septic tanks/or going onto our sewage system. Council Member Maudsley made a motion, seconded by Council Member Reilly, that the policy of the City of San Bernardino regarding the sale of sewer capacity rights outside of the City of San Bernardino, or to the signa- tories of any of our joint powers agreements, be reaf- firmed; that this request for sewer capacity rights for the community known as Bryn Mawr, be denied; and that the City of Loma Linda be written a letter to notify them that the City of San Bernardino would be willing to amend the joint powers agreement if they will sell the sewer capa- city rights to the community known as Bryn Mawr. The motion carried by the following vote: Council Members Reilly, Maudsley, Minor, Miller. Council Members Estrada, Flores, Pope-Ludlam. None. Ayes: Noes: Absent: COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. CONVENTION AND VISITOR'S BUREAU - PROPOSED CONTRACT - SAN BERNARDINO AREA CHAMBER OF COMMERCE In a memorandum dated June 15, 1987, provided an analysis of a proposed contract Bernardino Area Chamber of Commerce for the of a Convention and Visitor's Bureau. Mayor wilcox with the San establishment (S-l) 28 6/15/87 Dr. Judith Rymer, representing the Chamber of Com- merce, stated that she would be pleased to have the re- quest for a Convention and Visitor Bureau referred to the Ways and Means Committee. Council Member Minor made a motion, seconded by Coun- cil Member Miller and unanimously carried, that the con- cept of contracting with the San Bernardino Area Chamber of Commerce for the purpose of establishing a Convention and Visitor's Bureau be referred to the Ways and Means Committee for analysis and recommendations. POSTAL AND UTILITY COLLECTION CENTER RELOCATION - LEASE AGREEMENT WITH REDEVELOPMENT AGENCY - PUBLIC ENTERPRISE FACILITY - CONTINUED FROM JUNE 8, 1987 This is the time and place continued to for consi- deration of a lease agreement with the Redevelopment Agency regarding the relocation of the Postal and Utility Collection Center to the Public Enterprise facility. (47) Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley and unanimously carried, that the matter concerning a lease agreement with the Redevelopment Agency for the relocation of the Postal and Utility Col- lection Center to the Public Enterprise facility, be con- tinued to the July 6, 1987, meeting of the Mayor and Com- mon Council of the City of San Bernardino. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. GENERAL PLAN TASK FORCE COMMITTEE - APPOINTMENTS - COUNCIL MEMBERS MILLER AND MINOR In a memorandum dated June 15, 1987, Mayor wilcox stated that due to changes in the composition of the Gene- ral Plan Task Force Committee from seven to five members, it is urgent that new appointments be made. (S-2) In a letter dated June 10, 1987, Brian Simpson, a member of the General Plan Task Force Committee, stated that he would be unable to serve on the task force until further notice. Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that Mayor wilcox's appointments of Council Members Miller and Minor to the General Plan Task Force Committee be rati- fied. The Mayor and Common Council discussed the final appointments of the candidates. COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council Meeting. APPROVAL OF MINUTES - JUNE 1, 1987 Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the minutes of the meeting of the Mayor and Common Council held the first day of June, 1987, be approved as submitted in typewritten form and amended by interdelineation on Page 22 by adding "...tile roofs and" wherever hurricane clips are mentioned. (S-3) COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council Meeting and took his place at the Council Table. 29 6/15/87 READING AND WAIVING OF RESOLUTIONS ON SUPPLEMENTAL AGENDA City Clerk Clark read the titles of the resolutions on the Supplemental Agenda. Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of the resolutions be waived. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. RES. 87-208 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 11831 ENTITLED IN PART "A RESOLUTION... PROVIDING FOR THE APPOINTMENTS OF A MAYOR PRO TEMPORE..."; AND ESTABLISHING SUCH APPOINTMENTS FOR THE 1987/88 FISCAL YEAR EFFECTIVE JULY 1, 1987. (S-4 ) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-208 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RES. 87-209 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO QUALITY CARPETS FOR THE FURNISHING AND DELIVERY OF VERTICAL BLINDS TO BE UTILIZED BY CITY HALL IN ACCORDANCE WITH BID SPECIFICATION NO. F-87-41. (S-5 ) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-209 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RES. 87-210 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO NICKELL FLOORING FOR THE FURNISHING, DELIVERY AND INSTALLATION OF CARPETING ON THE FIFTH FLOOR OF THE CITY HALL TO BE UTILIZED BY THE PUBLIC BUILDINGS DEPARTMENT IN ACCOR- DANCE WITH BID SPECIFICATION F-87-43. (S-6 ) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-210 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RES. 87-211 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO NICKELL FLOORING FOR THE FURNISHING, DELIVERY AND INSTALLATION OF CARPET TO BE UTILIZED BY THE PUBLIC BUILDINGS DEPARTMENT IN THE BASEMENT LEVEL OF CITY HALL IN ACCORDANCE WITH BID SPECIFICATION F-87-44. (S-7) 30 6/15/87 Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-211 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RES. 87-212 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE AMOUNT OF IN-LIEU PAYMENTS FOR PARKING SPACES WITHIN THE CENTRAL CITY PARKING DISTRICT, AS REQUIRED BY CITY ORDINANCE NO. 1991. (S-8 ) The Parking Place Commission recommended an in-lieu payment of $10,000 for parking spaces within the Central City Parking District. Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-212 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council RES. 87-213 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH VIVIAN J. LEACH TO PERFORM CONSULTING SERVICES FOR THE PLAN- NING DEPARTMENT AND REPEALING RESOLUTION NO. 87-170. (S-9 ) Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that said resolution be adopted. Resolution No. 87-213 was adopted vote: Ayes: Council Members Estrada, Maudsley, Minor, Miller. Noes: None. Member Pope-Ludlam. by the following Reilly, Flores, Absent: Council COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. ORDINANCE REPEALING ORDINANCE NO. MC-593 OF THE CITY OF SAN BERNARDINO REENACTING IN CERTAIN DEFINED AREAS AN INTERIM HOLD ON APPROVAL OF GENERAL PLAN AMENDMENTS, RESIDENTIAL ZONE CHANGES AND OTHER RESI- DENTIAL ACTIONS DEFINED AS DISCRETIONARY, AND DECLARING THE URGENCY THEREOF. (Final) (S-10) Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that said ordinance be continued to the recessed meeting of the Mayor and Common Council to be held 9:00 a.m., Tuesday, June 16, 1987. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. 31 6/15/87 REDEVELOPMENT AGENCY AGENDA ITEMS Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the remaining Redevelopment Agency Agenda items be continued to the recessed meeting of the Mayor and Common Council to be held 9:00 a.m., Tuesday, June 16, 1987. RECESS MEETING - CLOSED SESSION Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the meeting recess to Closed Session pursuant to Government Code Section 54957.6 regarding labor relations matters pertaining to firefighters. (49) CLOSED SESSION The Closed Session was called to order by Mayor Wil- cox in the Conference Room of the Council Chambers, City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Administrator Schweit- zer. Absent: City Clerk Clark. Also present was Fire Chief Newcombe. RECESS CLOSED SESSION The Closed Session adjourned in the Council Chambers of City Street, San Bernardino, California. to the Regular Meeting Hall, 300 North "0" RECONVENE MEETING The Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: None. DISPOSITION OF PUBLIC WORKS PROJECTS - OFFICE OF PLANNING & RESEARCH - DISCUSSION REGARDING AGENDA ITEMS PERTAINING TO DEVELOPMENT _ CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consi- deration of the disposition of Public Works projects on the Council Agenda as discussed earlier in the meeting. (See Page 20 ) (9, 10 & 11) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the Council Agenda items concerning the disposition of Public Works projects be continued to the Regular Meeting of the Mayor and Common Council to be held on July 6, 1987, in the Council Chambers, City Hall, 300 North "0" Street, San Bernardino, California. RECESS MEETING At 6:15 p.m., Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting recess to 9:00 a.m., Tuesday, June 16, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 32 6/15/87 RECONVENE MEETING At 9:15 a.m, Tuesday, June 16, 1987, the Recessed Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Miller. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Pro Tempore Miller; Council Members Reilly, Flores, Maudsley, Minor, Miller; City Clerk Clark. Absent: Mayor Wilcox; Council Members Estrada, Pope-Ludlam; City Attorney Penman, City Admini- strator Schweitzer. PUBLIC COMMENTS There were no comments by the public. (A) FINE ARTS COMMISSION GRANT AWARDS - RECONSIDERATION OF ACTION TAKEN EARLIER IN MEETING Council Member Maudsley made a motion, seconded by Council Member Minor and unanimously carried, that the Fine Arts Commission grant awards, which were considered earlier in the meeting and were continued to the July 6, 1987, meeting of the Mayor and Common Council, be recon- sidered at this time. (See Page 17) (39) Thelma Press, Liaison from the Mayor's Office, was present and answered questions, stating that the amount of recommended funding for Fine Arts projects should total $45,000.00 on the back-up material. She explained how evaluations are made regarding funding. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 9:23 a.m., Council Member Pope-Ludlam arrived at the Council Meeting and took her place at the Council Table. Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that the Fine Arts grant allocations be approved as follows, and that the City Attorney be directed to prepare the appro- priate documents: Coleminer Cloggers $1,000; Community Arts Productions $15,000; Sinfonia Mexicana $5,000; Inland Empire Symphony $20,000; Metropolitan Opera/Western Regional $4,000. REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Redevelopment Agency as called to order in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE REDEVELOP- MENT AGENCY OF THE CITY OF SAN BERNARDINO CONCERNING GENERAL PLAN AMENDMENT COSTS AND RELATED MATTERS. (R-7b) Glenda Saul, Executive Agency, requested that the City Attorney Penman had not Director of the Redevelopment resolution be continued, as reviewed the documents. 33 6/1 "'/87 Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly and unanimously carried, that the matter concerning an agreement concerning General Plan amendment costs and related matters be continued to the Regular Meeting of the Mayor and Common Council to be held July 6, 1987. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE LEASE OF THAT REAL PROPERTY AND IMPROVEMENTS COMMONLY KNOWN AS THE STURGES CENTER FOR THE PERFORMING ARTS, LOCATED AT 780 NORTH "E" STREET, WITHIN THE CENTRAL CITY NORTH REDEVELOPMENT AREA, TO THE CITY OF SAN BERNARDINO, AND MUNI- CIPAL CORPORATION, BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (HEALTH AND SAFETY CODE SECTION 33433). (RS-2b) Glenda Saul, Executive Director of the Redevelopment Agency, requested that this resolution be continued so that City Attorney Penman would have an opportunity to review the documents. Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the matter concerning Sturges Center for the Performing Arts be continued to the Regular Meeting of the Mayor and Com- mon Council to be held July 6, 1987. RECESS MEETING At 9:35 a.m., Council Member Minor made a motion, seconded by Council Member Maudsley and unanimously car- ried, that the meeting be recessed. RECONVENE MEETING At 10:00 a.m., the Regular Meeting of the Mayor an Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Clerk Clark. Absent: Mayor Wilcox; City Attorney Penman, City Administrator Schweitzer. ORD. MC-605 - ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING ORDINANCE NO. MC-593 OF THE CITY OF SAN BERNARDINO REENACTING IN CERTAIN DEFINED AREAS AN INTERIM HOLD ON APPROVAL OF GENERAL PLAN AMENDMENTS, RESIDENTIAL ZONE CHANGES AND OTHER RESI- DENTIAL ACTIONS DEFINED AS DISCRETIONARY, AND DECLARING THE URGENCY THEREOF. FINAL (S-10 ) City Clerk Clark read the title of the ordinance. Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of the ordinance be waived and that said ordinance be amended by interdelineation to include an urgency clause, and be adopted as amended. Ordinance MC-605 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Absent: None. 34 6/16 /87 RECESS MEETING - CLOSED SESSION At 10:14 a.m., Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the meeting recess to Closed Session pur- suant to Government Code Section 54956.8, concerning the disposition of the downtown hotel and the City-owned Con- vention Center to interests represented by KOAR, Inc. of Los Angeles. (RS-4 & RS-5) CLOSED SESSION At 10:14 a.m., the Closed Session was called to order in the Conference Room of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Pen- man. Absent: City Clerk Clark, City Administrator Sch- weitzer. Also present: Special Counsel Deitsch. RECESS CLOSED SESSION At 11:55 a.m., the Closed Session recessed to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 11:55 a.m., the Regular Meeting of the Mayor and Common Council and the Redevelopment Agency reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: None. RECESS MEETING At 11:55 a.m., Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that the meeting recess until 4:30 p.m. in the Council Chambers of City Hall, 300 North "0" Street, San Bernar- dino, California. RECONVENE MEETING At 4:35 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: None. RECESS MEETING - CLOSED SESSION At 4:35 p.m., Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the meeting recess to Closed Session pur- suant to Government Code Section 54956.8 concerning the disposition of the downtown hotel and the City-owned Con- vention Center to interests represented by KOAR, Inc. (RS-4 & RS-5) 35 6/16/87 CLOSED SESSION At 4:35 p.m., the Closed Session was called to order by Mayor wilcox in the Conference Room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Pen- man, City Clerk Clark, City Administrator Schweitzer. Absent: None. Also present: Special Counsel Deitsch; Executive Assistant to the Mayor Bennecke. RECESS CLOSED SESSION At 5:10 p.m., the Closed Session recessed 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 5:10 p.m., the Regular Meeting of the Mayor and Common Council and the Redevelopment Agency reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: None. CONVENTION CENTER - DOWNTOWN HOTEL - MEMORANDUM OF UNDERSTANDING This is the time and place set for consideration of a Memorandum of Understanding by and between the Redevelop- ment Agency, the City, and KOAR, Inc., relating to the downtown hotel and City-owned Convention Center. (RS-51 Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that a Memorandum of Understanding be approved and authorized by and between the Redevelopment Agency of the City of San Bernardino, the City of San Bernardino and KOAR, Inc., relating to the downtown hotel and City-owned Convention Center. GENERAL PLAN LAWSUIT - SALDECKE AND SKY, ET AL VS. THE CITY OF SAN BERNARDINO, ET AL _ BUILDING MORATORIUM City Attorney Penman stated that the lawsuit of Sal- decke and Sky, et al vs the City of San Bernardino, e~ concluded on Friday, June 12, 1987, and that the decision of the Office of Planning and Research signed by Huston Carlyle, Jr. was made an Order of the Court. (48) He also stated that by invitation of Mr. Carlyle, Jr. he would take a list of projects north of the line that are already in the pipeline to Sacramento to request that they be exempt from the moratorium. He urged the Council to participate by submitting projects for the list. 36 6/16/87 City Attorney Penman stated that he is on the Board of Directors of the Lutheran Church, which is being af- fected by the Court Order and is also north of the line. He then requested authority to execute a letter of understanding with the law firm of Nielson, Hodgson, Mueller and Parinello for legal services. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the City Attorney be authorized to prepare the necessary document to execute a letter of understanding with the law form of Nielson, Hodgson, Mueller and Parinello. ADJOURN MEETING At 5:30 p.m., Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously car- ried, that the meeting be adjourned to 1:00 p.m., Satur- day, June 20, 1987, in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ~#:~If!k~ ,/ Ci ty lerk No. of Items: 76 No. of Hours: 12 hours 37 6/16/87