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HomeMy WebLinkAbout08-03-1987 Minutes City of San Bernardino, California August 3, 1987 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:20 a.m., on Monday, August 3,1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Ms. Barbara Woods, Evan- gelist Missionary, Greater Victory Church of God in Christ. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Estrada. 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 Ad- ministrator Schweitzer. Absent: None. PUBLIC COMMENTS There were no public comments. (A) PRESENTATION - COMMENDATION - PEDRO NUNEZ Richard Bennecke, Executive Assistant to the Mayor, read a resolution of the Mayor and Common Council of the City of San Bernardino highly commending Pedro Nunez for his dedicated public service on the Private Industry Council. Mr. Nunez was present to accept the commendation. APPOINTMENT - ROBERT K. THOMSON - CEMETERY COMMISSION - THIRD WARD Pursuant to a memorandum dated July 22, 1987, from Mayor Wilcox, Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously car- ried, that the appointment of Mr. Robert K. Thomson, 724 Bunker Hill Drive, San Bernardino, CA 92410, to the Ceme- tery Commission, as requested by Council Member Flores, representing the Third Ward, be approved. (C) APPOINTMENT - HERBERT M. POLLOCK - BOARD OF BUILDING COMMISSIONERS - SEVENTH WARD Pursuant to a memorandum dated July 22, 1987, from Mayor Wilcox, Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously car- ried, that the appointment of Herbert M. Pollock, 3246 D Little Mountain Dr., San Bernardino, CA 92405, to the Board of Building Commissioners, as requested by Council Member Miller, representing the Seventh Ward, be approved. (C) APPOINTMENTS - CHERRIE OLETHA WILLIAMS, SENIOR AFFAIRS COMMISSION - BARBARA WOODS, FIRE COMMISSION _ SIXTH WARD Pursuant to a memorandum dated July 24, 1987, from Mayor Wilcox, and a memorandum dated July 17, 1987, from Council Member Pope-Ludlam, Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the following appointments be approved: Cherrie Oletha Williams, 1818 W. 30th Street, San Bernar- dino, CA 92405, to the Senior Affairs Commission, repre- 1 8/3/87 senting the Sixth Ward; San Bernardino, CA 92411, senting the Sixth Ward. Barbara Woods, 1505 N. Hancock, to the Fire Commission, repre- (S-2 ) OATHS OF OFFICE ADMINISTERED City Clerk Clark administered the Oath of Office to Herbert M. Pollock, Board of Building Commission; Cherrie 01etha Williams, Senior Affairs Commission; and Barbara Woods, Fire Commission. APPROVE COUNCIL MINUTES - JUNE 27/29, 1987 Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the meeting of the Mayor and Common Council held on June 27, 1987, and recessed to June 29, 1987, be approved as submitted in typewritten form. (1) APPROVE COUNCIL MINUTES - JULY 10, 1987 Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the meeting of the Mayor and Common Council held on July 10, 1987, be approved as submitted in type- written form. (2) APPROVE COUNCIL MINUTES - JULY 13, 1987 Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the meeting of the Mayor and Common Council held on July 13, 1987, be approved as submitted in type- written form. (3) APPROVE COUNCIL MINUTES - JULY 15, 1987 Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the meeting of the Mayor and Common Council held on July 15, 1987, be approved as submitted in type- written form. (4) APPROVE COUNCIL MINUTES - JULY 20, 1987 Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the minutes of the meeting of the Mayor and Common Council held on July 20,1987, be approved as submitted in type- written form. (5) FY 1987/88 CDBG ALLOCATION - PUBLIC SOCIAL SERVICES CATEGORY In a memorandum dated July 21, 1987, Kenneth J. Hen- derson, Director, Community Development, stated that the following projects are recommended for funding out of the CDBG Contingency Account using FY 1987-88 funds in the amount of $51,600, as follows: (6) Public Services (Recommended for Funding Using FY 87-88 $51,600) Agency/Project Amount Requested Amount Recommended Highland District Council on Aging (Sr. Citizen Program) $ 45,200 $ 30,000 Easter Seal Society & Inland Area Head Injury Support Group (expanded Head Injury Program) 21,050 11,150 2 8/3/87 Rolling Start, Inc. (Deaf Services) 5,4513 5,4513 Epilepsy Society of San Bernar- dino (Epilepsy Education Program) ~JlJlJl 5,131313 Subtotal: $76,71313 $51,61313* *Total funds remaining in CDBG FY 1987/88 Public Social Services category. Capital Improvements (Recommended for Funding Using FY 87/88 Contingency) Agency/Project Amount Requested Amount Requested Center for Community Counseling & Education (roof replacement) $ 5,131313 $ 5,131313 Young Womens Christian Association (YWCA fence around facility) 3,131313 3,131313 San Bernardino Police Department (Home security improvements for seniors) 11,131313 11,131313 Subtota 1 $ 19,131313 $ 19,131313 Mr. Henderson stated that staff concurs with these recommendations as submitted by the Community Development Citizen Advisory Committee. A list of requests which were not recommended for funding was also included in Mr. Henderson's memorandum. Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that FY 1987/88 CDBG "Statement of Objectives and Projected Use of Funds" as amended be approved; and that staff be author- ized to submit same to the U. S. Department of Housing and Urban Development. Joanne Wyman, Highland District Council on Aging, thanked the Council for their approval of the allocation of funds to their group, and explained their goals for the future, which include their attaining financial autonomy, so they can operate without assistance of local revenue. Kathy Ambrosio, representing Rolling Start, Inc. (Deaf Services) thanked the Council for their allocation of funds to the Rolling Start Deaf Services, and stated they are the only local agency that serves the deaf in the community. (See page 5 for additional comments) SET HEARING DATE - SEWER CAPACITY RIGHTS REIMBURSEMENT - EARNEST HOLMES In a letter dated July 6, 1987, Mr. Earnest Holmes, President, Triple H Ranch Homes, requested a hearing be- fore the Mayor and Council to discuss a reimbursement of sewer capacity rights funds. (7) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the request of Mr. Earnest Holmes to discuss the reimbursement of fees paid for sewer capacity rights be scheduled for hearing on August 17, 1987, at 9:313 a.m. 3 8/3/87 ASSESSMENT DISTRICT 959 (SHANDIN HILLS AREA LANDSCAPING MAINTENANCE) AMEND SCOPE In a memorandum dated July 21, 1987, Roger Hardgrave, Director of Public Works/City Engineer, stated a petition had been received requesting a change in the scope of the assessment district for the maintenance of landscaping to include those certain open space and fire break areas in Tracts 12955, 12956, 12957, 12958, 11324 and 11328. This request was reviewed by the Director of Public Works and the Director of Parks, Recreation and Community Services and both agree that the scope of the district should be expanded to incl ude these areas. (10) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the City Engineer and City Clerk be authorized to initiate proceedings to expand the scope of Assessment District No. 959 (Shandin Hills Area Landscape Maintenance District) to include the maintenance of landscaping in those certain areas where easements are presently granted and in those areas where easements will be granted to the City of San Bernardino for landscape maintenance purposes as deline- ated on the existing and future Subdivision Maps all lying within the existing boundaries of the District under the provisions of Chapter 12.90.060 of the San Bernardino Municipal Code and Section 3114 of the Streets and High- ways Code of the State of California. WIDENING OF 40TH STREET - ELECTRIC AVENUE TO MT. VIEW AVENUE In a memorandum dated July 21, 1987, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for widening 40th Street from Electric Avenue to Mt. View Avenue, had been prepared and the project is ready to be advertised for bids. The total estimated project cost is $121,000. (11) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the plans for widening 40th Street from Electric Avenue to Mt. View Avenue, in accordance with Plan No. 7283, be ap- proved; and the Director of Public Works/City Engineer be authorized to advertise for bids. SECCOMBE LAKE STATE URBAN RECREATION AREA - CONSTRUCTION OF PHASE lA, ZONE B - VALLEY CREST LANDSCAPING In a memorandum dated July 23, 1987, Roger Hardgrave, Director of Public Works/City Engineer, stated that all work under the contract with Valley Crest Landscaping for construction of Phase lA, Zone B of Seccombe Lake Park was satisfactorily completed as of June 8, 1987. The final contract price was $864,588.29, due to the assessment of $3,692.66 in liquidated damages, the deduction of $737.50 for repairs made to fencing by the Parks, Recreation & Community Services Department and Change Orders Nos. One, Two and Three. (12) Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, that the work performed by the contractor, in accordance with Plan No. 6878, be approved and accepted; that final payment be authorized at the expiration of the lien period. CLAIMS AND PAYROLL Council Member Flores made a motion, seconded by Council Member Miller and unanimously carried, to approve demands against the City and authorize the issuance of warrants as follows: (13) 4 8/3/87 1. Approve the register of demands dated: July 8, 1987 July 15, 1987 86/87 #46 86/87-87/88 #1 $1,393,693.09 434,969.00 2. Approve the total gross payroll for the period June 22, 1987, through July 5, 1987, in the amount of $1,368,434.44. CONSIDERATION OF REQUEST FOR FINANCIAL SUPPORT AND PRESENTATION BY DR. MILDRED HENRY - PAL PROGRAM Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that Item 34 concerning the request for financial support and pre- sentation by Dr. Mildred Henry relative to the Provisional Accelerated Learning Program (PAL) be heard at this time. (34) Dr. Mildred Henry, representing Provisional Educa- tional Services, Inc., stated this group operates the PAL Center on the west side of San Bernardino, and asked for funding for Project Early Outreach, one of their projects. Dr. Henry explained the Project Early Outreach, which tutors children and provides couseling to establish pride in their accomplishments and incentives to complete their education. Dr. Henry read from a document entitled "District Dropout Rates by Selected Programs" from the San Bernar- dino City Unified School District, that identified the high dropout rate in the City Schools. She stated that Project Early Outreach is a good financial investment, as it provides incentives to stay in school, which, in the long run, costs the tax payer less than detention care for dropouts or welfare payments. Dr. Henry read a letter from Leticia Townsend, a fourteen year old student, who is working in a Summer School Youth Program, and has benefitted greatly from the Program. The Mayor and Council discussed the worthiness of the Pal Program and the possibility of other funds being made available in the near future from other sources. Only a small grant from the City is needed at this time. The cost for each student in the program is $700 for a six- month period. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the request by Dr. Henry for funds for the PAL Program be referred to the Ways and Means Committee for review and a report back to the Council with a recommendation. APPROVAL OF FY 1987-88 CDBG ALLOCATION - PUBLIC SOCIAL SERVICES CATEGORY Additional comments concerning the FY 1987-88 CDBG allocation of Public Social Services Funds were received at this time. (6) The Rev. Delbert Hawkins, Assistant Pastor, Taber- nacle Baptist Church, and Vice President of the Watch Corporation, requested assistance for his technical school, which teaches aerospace skills, and would prepare people for jobs in aerospace industry. He also spoke of dividing social service funds equally throughout the seven wards. 5 8/3/87 Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that an item be placed on the Council Agenda for August 17, 1987, to formulate a committee to study social services program needs and the distribution of social services dollars by the City of San Bernardino. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. FIRE STATION - TRI-CITY AREA - NEGATIVE DECLARATION FOR CONSTRUCTION In a memorandum dated July 22, 1987, Roger Hardgrave, Director of Public Works/City Engineer, stated that the Environmental Review Committee had determined that con- struction of a fire station in the Tri-City Area will not have a significant impact upon the environment, and a Negative Declaration was prepared. (8) Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the approval of the Negative Declaration for construction of the Fire Station in the Tri-City area be continued to later in the meeting. (See page 8) FIRE STATION - TRI-CITY AREA - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated May 21, 1987, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for the new fire station in the Tri-City Area had been prepared by Kurt Meyers Partners, architects, and the project is ready to be advertised for bids. The total estimated construction cost is $914,600, which is $184,800 in excess of available funds. It was recommended by the Legislative Review Committee that the project be adver- tised for bids and the matter of supplemental funding addressed after the low bid price is known. (9) Council Member Minor made a motion, seconded by Council Member Estrada and unanimously carried, that the matter regarding the construction of a fire station in the Tri-City Area be continued to later in the meeting. (See page 8) COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council Meeting and took her place at the Council Table. PERSONNEL ACTIONS Council Member Estrada 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. (14) APPOINTMENTS Planning Department Planner I - Effective August 10, 1987 Ruth M. Cook Tricia D. Thrasher Police Department John R. Migaiolo Police Officer - Effective August 4, 1987 6 8/3/87 TEMPORARY APPOINTMENTS Police Department Law Enforcement Trainee - Effective August 4, 1987 Gladys Clair Marynowski Monte Brone Seenarine Public Works/Public Buildings Custodial Aide I - Effective August 4, 1987 Kevin T. Goolsby Jimmy W. Knight Robert J. Williams Ernesto Jaramillo Brian K. robbins Extra Relief Heavy Laborer - Effective August 4, 1987 Armando R. Anaya Ramon N. Avila Jessie L. Dixion Arthur G. Mendoza Caesar C. Ortiz William L. Pierce, Jr. Pablo A. Astorga Salvador G. Becerra John B. Gonzales Billy Nickerson Kevin Ware Tony J. Williams Parks, Recreation & Community Services Julie D. Lewis - Summer Lunch Monitor - Effective August 4, 1987 PROVISIONAL APPOINTMENT City Administrator Eleanor L. Dennis - Typist Clerk III - Effective July 23, 1987 PROMOTION Public Works/Public Buildings Vashtie M. Dowdy - Senior Custodian - from Lead Custodian to Senior Custodian - Effective August 4, 1987 TEMPORARY PROMOTION Parks, Recreation & Community Services Wava Hahn - Recreation Specialist - From Senior Recreation Leader to Recreation Specialist - Effective August 4, 1987 TRANSFER Police Joyce A. Amajoy - Account Clerk II - from Public Buildings to Police Department - Effective August 4, 1987 DEMOTION IN LIEU OF LAYOFF Public Services/Street From Motor Sweeper Operator to Maintenance Worker II - Effective August 4, 1987 Martin M. Levan Joaquin R. Negrete City Administrator Schweitzer answered questions regarding the personnel actions included on the City Ad- ministrator recommended list, as they relate to the hiring freeze. He stated there are 64 requests for positions that are frozen. Mr. Schweitzer explained that the City 7 8/3/87 must maintain a $108,400 vacancy factor every month. He stated the vacancy factor changes from month to month, so it is possible for departments to fill positions after their departments have met their share of the vacancy factor. Mr. Schweitzer answered questions regarding the pro- cedure for the transfer of an employee from one department to another, stating that the department heads in both involved departments must agree to the transfer. In the case of a promotion from one department to another, the department head of the department losing the employee has no choice but to agree to the promotion of the employee to another department. FIRE STATION - TRI-CITY AREA - NEGATIVE DECLARATION This is the time and place continued to for discus- sion regarding the approval of the Negative Declaration for the construction of the Fire station in the Tri-City area. (8) A document dated August 3, 1987, from the Environ- mental Review Committee addressed to the Mayor and Common Council, was distributed to the Mayor and Council. At- tached to the memorandum was a letter dated July 30, 1987, from Richard L. Roberts, Director, and signed by Robert J. Kruk, Waste Management Engineer of the San Bernardino County Environmental Public Works Agency, with comments regarding a Negative Declaration for the Tri-City Fire Station Project. Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the Negative Declaration for construction of a fire station in the Tri-City Area, in accordance with Plan No. 7270, be certified. TRI-CITY FIRE STATION - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS This is the time and place continued to for discus- sion on the approval of plans and authorization to adver- tise for bids for the proposed construction of a fire station in the Tri-City Area. (9) Council Member Flores made a motion, seconded by Council Member Estrada and unanimously carried, that the plans for construction of the Tri-City Fire Station (No. 11), in accordance with Plan No. 7270, be approved; and that the Director of Public Works/City Engineer be author- ized to advertise for bids. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the title of all the resolu- tions on the Council Agenda. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of all the resolutions on the Council Agenda be waived. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING THE FINAL BUDGET OF SAID CITY FOR THE FISCAL YEAR 1987-88. (15) City Attorney Penman stated a substitute resolution had been prepared for adoption at this time, due to the fact the final budget is not ready for adoption. 8 8/3/87 RESOLUTION OF THE CITY OF SAN BERNARDINO EXTENDING THE INTERIM BUDGET OF SAID CITY FOR THE YEAR 1987-1988 UNTIL AUGUST 18, 1987. (15) City Clerk Clark read the entire resolution. City Attorney Penman stated that it was legally ac- ceptable to adopt said resolution even though the title wasn't on the Agenda, as the subject of the budget was included. He explained that the purpose of the Brown Act is to notify the public what will be discussed, and that was done by listing the original resolution regarding the budget. City Clerk Clark explained that there is a section in the Brown Act that provides that, by a 2/3 vote, the Council can determine that the need to act on an item arose after the deadline of the printing and posting of the agenda, and therefore that item can be discussed. Council Member Miller made a motion, seconded by Council Member Estrada and unanimously carried, that said resolutions be continued to the afternoon session. (See page 27) RES. 87-255 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1987-88 ASSESS- MENT ROLL, CENTRAL CITY PARKING DISTRICT. (16) Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-255 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-256 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1987-88 ASSESS- MENT ROLL, EXPANSION OF FACILITIES FOR THE CENTRAL CITY PARKING DISTRICT. (17) Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-256 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-257 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1987-88 ASSESS- MENT ROLL, FOR ASSESSMENT DISTRICT NO. 952, LANDSCAPING CONSTRUCTION AND MAINTENANCE, STATE COLLEGE PARKWAY (UNIVERSITY PARKWAY) AREA. (18) Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-257 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. 9 8/3/87 RES. 87-258 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1987-88 ASSESS- MENT ROLL, FOR ASSESSMENT DISTRICT NO. 956, LANDSCAPING MAINTENANCE, CARNEGIE DRIVE AREA. (19) Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-258 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-259 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1987-88 ASSESS- MENT ROLL FOR ASSESSMENT DISTRICT NO. 959, LANDSCAPING MAINTENANCE, PORTIONS OF KEN- DALL DRIVE, SHANDIN HILLS DRIVE, "F" STREET AND LITTLE MOUNTAIN DRIVE, (SHANDIN HILLS AREA) . (20) Council Member Reilly made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 87-259 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-260 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1987-88 ASSESS- MENT ROLL FOR ASSESSMENT DISTRICT NO. 962, FOR THE MAINTENANCE OF A SEWER LIFT STATION IN THE AREA GENERALLY LOCATED EASTERLY OF PINE AVENUE AND SOUTHERLY OF BELMONT AVE- NUE, IN THE CITY OF SAN BERNARDINO. (21) Council Member Reilly made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 87-260 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-261 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1987-88 ASSESS- MENT ROLL FOR ASSESSMENT DISTRICT NO. 963, FOR THE MAINTENANCE OF A SEWER LIFT STATION IN PORTIONS OF ALLEN STREET, NORTH OF CEN- TRAL AVENUE IN THE CITY OF SAN BERNARDINO. (22) Council Member Reilly made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 87-261 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-262 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1987-88 ASSESS- MENT ROLL FOR ASSESSMENT DISTRICT NO. 968, LANDSCAPING MAINTENANCE, AIRPORT DRIVE BETWEEN COMMERCENTER EAST AND COMMERCENTER WEST. (23) Council Member Reilly made a motion, seconded by Council Member Flores, that said resolution be adopted. 10 8/3/87 Resolution No. 87-262 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. RES. 87-263 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1987-88 ASSESS- MENT ROLL FOR ASSESSMENT DISTRICT NO. 970, LANDSCAPING MAINTENANCE, CABLE CREEK AREA. (24) Council Member Reilly made a motion, seconded by Council Member Flores, that said resolution be adopted. Resolution No. 87-263 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes; None. Ab- sent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.90.010 SUBSECTION (A) OF THE SAN BERNARDINO MUNICIPAL CODE TO AU- THORIZE THE DIRECTOR OF BUILDING AND SAFETY AND CODE COMPLIANCE OFFICERS TO ISSUE NO- TICES TO APPEAR FOR VIOLATION OF THE SAN BERNARDINO MUNICIPAL CODE AND ALL OTHER CODES INCORPORATED THEREIN BY REFERENCE. (First) (25) Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that said ordinance be continued to Monday, August 17, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER MILLER EXCUSED Council Member Miller left the Council Meeting. RISK MANAGEMENT DEPARTMENT FUNCTIONS - REPORT FROM CITY ADMINISTRATOR - CONTINUED FROM JULY 20, 1987 This is the time and place continued to for a report from the City Administrator regarding the possible alter- natives to functions of the Risk Management Department. (26) In a memorandum dated July 23, 1987, James Robbins, Deputy City Administrator, presented a comprehensive re- port covering the history of the Risk Management Division and the current status brought about by the directive that the supervision of the Risk Management Office be trans- ferred to the City Attorney's Office from the City Admin- istrator's Office, as to legal department functions only. In summarizing the report, the following alternatives were listed: 1. Retain existing structure of Risk Management Division with Risk Manager reporting to City Administra- tor. Liability and Workers Compensation Claims litigation closely coordinated and cooperatively provided through City Attorney's Office. 2. Retain existing structure of Risk Management Division with Risk Manager reporting to City Attorney. 3. Reorganize Risk Management Division eliminating Risk Manager position. The Risk Management Specialist, Liability and Workers' Compensation Specialist, and Work- ers Compensation Account Clerk would comprise the Liabil- ity and Workers Compensation Claims section of the City Attorneys Office. A certified specialist attorney would provide technical and administrative leadership. 11 8/3/87 The Employee Safety Officer and Occupational Health Nurse would be reassigned to the Personnel Department. City Administrator Schweitzer recommended that the matter be referred to the Legislative Review Committee for further review. Council Member Reilly made a motion, seconded by Council Member Maudsley, that the matter regarding the Risk Management Division be referred to the Legislative Review Committee. City Attorney Penman stated that there was some ques- tion as to what duties had been assigned to his office, as the motion at a prior meeting had specified only "litiga- tion claims and worker compensation claims", and had not specifically included "disability claims". He stated that action needs to be taken regarding this matter, as there are disability claims in the Police Department that re- quire immediate action. Council Member Estrada made a substitute motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the matter concerning the Risk Management Division be considered at the afternoon session and that the Police Chief be present to answer questions. COUNCIL MEMBER MILLER RETURNED Council Member Miller returned to the Council Meeting and took her place at the Council Table. FISCALINI FIELD NOISE LEVEL - CONTINUED FROM JULY 20, 1987 This is the time and place continued to for discus- sion regarding the noise level at Fiscalini Field. (28) Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that the matter of the noise level at Fiscalini Field be continued to 4:30 this afternoon. (See page 24) PERSONNEL ACTIONS - NON-CITY ADMINISTRATOR RECOMMENDED LIST - APPEALED BY DEPARTMENT Council Member Reilly made a motion, seconded by Council Member Flores 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. (29) TEMPORARY APPOINTMENT Fire Department David A. Rose - Fire Fighter Trainee - Effective August 4, 1987 City Administrator Schweitzer answered questions regarding the appointment, stating that it had now become a recommended appointment, because of changes in the va- cancy factor. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. COUNCIL PERSONNEL COMMITTEE REPORT - JULY 28, 1987 Council Member Reilly, Chairman of the Council Per- sonnel Committee, presented the report of the Council Personnel Committee meeting held July 28, 1987. The fol- lowing items were discussed: (30) 12 8/3/87 1. Insurance for Surviving Spouses of Retirees - The Committee recommended con- tinulngthis item. The City Attorney will be requested to attend the meeting of Au- gust 11, 1987. 2. Senior Companion -Salary Increase - The mended approval. Cost $1,155. Resolution to be Agenda. Program Director Committee recom- to the City is on August 3, 1987 3. ~xtr~~l~--.!iea~ Laborer - Salary Increases - The Committee recommended ap- provaT-:--- This item had previously been discussed and recommended at a budget hear- ing. Resolution to be on August 3, 1987, Agenda. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the Council Personnel Committee held July 28, 1987, be received and filed. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. LEGISLATIVE REVIEW COMMITTEE REPORT - JULY 29, 1987 Council Member Reilly, Chairman of the Legislative Review Committee, presented the report of the meeting of the Legislative Review Committee held on July 29, 1987. The following items were discussed: (31) 1. f.itLJ2.emolition POlicy - Item con- tinued. The Committee discussed the recom- mended policy and referred it to the Board of Building Commissioners for their review, comments and suggestions prior to it coming back to Committee. Mr. Richardson was asked to review and coordinate the policy and time guidelines with the City Attor- ney's Office. Input to be submitted to committee as soon as possible. 2. !2.iscussi...9.!:1.~i~esi'l.E!. Review and Envi- ronmental Review Committees - Item con- tinued:-- The Commi ttee was-hi: iefed by the Planning Director but due to time con- straints the briefing was not completed. Item scheduled for August 6, 1987. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the minutes of the Legislative Review Committee meeting held July 29, 1987, be received and filed. WAYS AND MEANS COMMITTEE REPORT - JULY 29, 1987 Council Member Estrada, Chairwoman of the Ways and Means Committee, presented the report of the Ways and Means Committee meeting held July 29, 1987. The following items were discussed: (32) 1. Resolution Establishing Certain Fees for Services Furnished by the San Bernar- dino Police Department and Repealing Reso- lution #86-156 - The Committee recommended approvalo~staff's proposal. Resolution for Council approval is separate Agenda item. (See S-7) 13 8/3/87 RES. 87-264 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FEES FOR SERVICES FURNISHED BY THE SAN BERNARDINO POLICE DEPARTMENT AND REPEALING RESOLUTION NO. 86-156. (S-7 ) City Clerk Clark read the title of the resolution. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived and said resolu- tion be adopted. Resolution No. 87-264 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Ab- sent: None. 2. Discussion of Anti-Drug Program -Item continued. The Committee requested a com- plete and comprehensive request for pro- posal prior to taking it to the Council. (32) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the Ways and Means Committee meeting held July 29, 1987, be received and filed. POSTAL AND UTILITY COLLECTION CENTER - LEASE AGREEMENT WITH REDEVELOPMENT AGENCY - CONTINUED FROM JULY 20, 1987 This is the time and place continued to for discus- sion regarding a lease agreement with the Redevelopment Agency relative to the lease of 416 square feet for the relocation of the Postal and Utility Collection Center. (27) The Mayor and Council discussed various options for the relocation of the Postal and Utility Collection Cen- ter. It was noted that the Operation Second Chance loca- tion does not have convenient accessibility. Craig Graves, City Treasurer, answered questions regarding the study he had done on relocating the Postal and Utility Collection Center. He stated that the mobile units present a problem in terms of security and were not cost effective. He also stated that they were looking at present community centers or senior centers where the collection would be in a site for which the City is al- ready paying rent and conducting on-going operations. It was suggested that the collection center be lo- cated in Operation Second Chance and be reviewed in six months, with the thought of possibly moving it to a better location, such as the new shopping center when it is com- pleted. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, to author- ize the City Treasurer to enter into a lease agreement with the Redevelopment Agency for lease of 416 sq. ft. for the relocation of the Postal and Utility Collection Center in the Public Enterprise Center; and to direct the City Attorney to prepare the necessary agreements with the Redevelopment Agency for the required space. The Mayor and Council discussed the status of the workers at the Postal and Utility Center and whether or not they received civil service benefits. They are in- 14 8/3/87 cluded in a Charter section that pertains to all employees of elected officials and have retirement benefits, al- though they are not under the general rules and regula- tions of civil Service. RECESS MEETING At 11:00 a.m., the Mayor and Council recessed for a five-minute break. RECONVENE MEETING At 11:15 a.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 Ad- ministrator Schweitzer. Absent: None. 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 "0" Street, San Bernardino, Cali- fornia. RECESS MEETING - CLOSED SESSION At 11:17 a.m., Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess to a Closed Session pursuant to Government Code Section 54956.8 to meet with the City's negotiator in order to discuss the disposition and lease of real prop- erty commonly referred to as the Hotel and Convention Center Project. The entity with whom the City's negotia- tor is authorized to negotiate is KOAR, Inc. (S15) (RS-l) CLOSED SESSION At 11:17 a.m., the Closed Session was called to order by Mayor Wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "0" Street, San Bernar- dino, 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 Administrator Schweitzer. Absent: City Clerk Clark. Also present: Redevelopment Agency Counsels Sabo and Deitsch; Glenda Saul, Executive Director, Redevelopment Agency; Assistant City Attorney Brue; Richard Bennecke, Executive Assistant to the Mayor. RECESS CLOSED SESSION At 1:15 p.m., Council Member Flores made a motion, seconded by Council Member Estrada and unanimously car- ried, that the Closed Session be recessed to 2:00 p.m. in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 1: 15 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. 15 8/3/87 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, Deputy City Clerk South, City Administrator Schweitzer. Absent: None. RECESS MEETING At 1:15 p.m.. Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the Regular Meeting recess to the Management Infor- mation Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California, for a pre- sentation by the Water Department. (33) RECONVENE MEETING At 1: 35 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Management Information Center (MIC Room), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Deputy City Clerk South with the following being present: Council Members Reilly, Flores, Maudsley, Pope-Ludlam; Deputy City Clerk South. Absent: Mayor Wilcox; Council Members Estrada, Minor, Miller; City Attorney Penman, City Administrator Schweit- zer. WORKSHOP - SAN BERNARDINO VALLEY WATER PROBLEMS - WATER DEPARTMENT PRESENTATION This is the time and place set for a workshop rela- tive to San Bernardino Valley water problems, and a pre- sentation by Attorney Ed Fitzgerald, Special Counsel for the Water Board. (33, 8-5, S-13) Herb Wessel, Director of the Water Department, stated that Ed Fitzgerald would be unable to attend the meeting and make his presentation. Herb Wessel gave a presentation regarding the current status of the City's water problems, and explained various functions of the department. CITY ADMINISTRATOR SCHWEITZER ARRIVED At 1:55 p.m., City Administrator Schweitzer arrived at the meeting. Herb Wessel explained the history of the association between the City and the San Bernardino Valley Municipal Water District. RECESS MEETING At 2:15 p.m., Council Member Flores made a motion, seconded by Council Reilly and unanimously carried, that the meeting recess to the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2: 12 p.m.. the Regular Meeting 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 Prince, City Clerk Clark, City Ad- ministrator Schweitzer. Absent: None. 16 8/3/87 RECESS MEETING - CLOSED SESSION At 2:15 p.m., the Regular Meeting of the Mayor and Common Council recessed to Closed Session to continue their discussion regarding the Hotel and Convention Center Project, pursuant to Government Code Section 54956.8, to meet with the City's negotiator in order to discuss the disposition and lease of real property commonly referred to as the Hotel and Convention Center Project. The entity with whom the City's negotiator is authorized to negotiate is KOAR, Inc. (S-15, RS-l) CLOSED SESSION At 2:15 p.m., the Closed Session was called to order by Chairman Wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "0" Street, San Bernar- dino, 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 Administrator Schweitzer. Absent: City Clerk Clark. Also present: Redevelopment Agency Counsels Sabo and Deitsch; Glenda Saul, Executive Director of the Redevelop- ment Agency; Richard Bennecke, Executive Assistant to the Mayor. RECESS CLOSED SESSION At 2: 52 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 "0" Street, San Bernardino, California. RECONVENE MEETING At 2: 52 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 Ad- ministrator Schweitzer. Absent: None. REDEVELOPMENT AGENCY MEETING - CONTINUATION - HOTEL AND CONVENTION CENTER PROJECT The Mayor and Council discussed the negotiations and agreement regarding the Hotel and Convention Center Pro- ject. (RS-l) Mayor Wilcox reviewed the action taken by the Council and Commission on July 20, 1987, which approved a reso- lution with nine sections. There was some question about what was approved under Section Eight because it appeared that two copies of the letter referencing Section Seven appeared in the agenda packets and a copy of the letter under Section Eight was missing. Mayor wilcox asked that the action taken on July 20, 1987, be ratified. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, to ratify the action taken pertinent to the new Hotel and Convention Center Project on July 20, 1987. Mayor wilcox introduced Mr. Homma from Mitsubishi International Corporation and Mr. Loren Ostrow, who repre- sents KOAR, Inc. 17 8/3/87 Mayor wilcox read a letter dated August 1,1987, addressed to Mayor Wilcox from Maruko, Inc., as follows: "Madam: Re: San Bernardino Hotel Project, Assign- ment of the Hotel and Owner Participation and Development Agreement I feel very privileged to reaffirm our commitment to the participation in the San Bernardino Hotel Project. Even though we will assign the Hotel and above agreement once to the Mitsubishi International Corporation (MIC), it is merely for introducing the funds necessary to complete the Project, and we hereby pledge that we will repurchase the Hotel from MIC upon its completion. Repurchase- ment agreement has been executed between Maruko Inc and MIC on this August 1, a copy of which will be delivered to you for your reference. Besides, we can assert (sic) you that MIC is quite familiar with the construction of convention type hotel and they will render their professional workmanship on our be- half. Consequently, I would like to ask you to confirm your approval for the above assign- ment granted to us by your letter of July 213, 1987. Yours faithfully, MARUKO INC. SHOJI KANAZAWA, PRESIDENT" City Attorney Penman recommended that the Council not approve the motion to ratify the action taken on July 213, 1987, until such time as they have had an opportunity to review the agreement between Maruko and Mitsubishi as well as the document referred to in the letter just read by the Mayor whereby the City was informed that Mitsubishi had agreed to reconvey the Hotel and Convention Center back to Maruko. The motion by Council Member Estrada, seconded by Council Member Pope-Ludlam, carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Pope- Ludlam, Miller. Noes: Council Members Maudsley, Minor. Absent: None. RES. 87-265 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO AUTHORIZING AND DIRECTING THE EXECU- TION OF CERTAIN CORRESPONDENCE AUTHORIZING THE ASSIGNMENT OF INTERESTS IN THE PROPOSED HOTEL AND CONVENTION CENTER PROJECT. (RS-l) City Clerk Clark read the entire resolution. Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. 18 8/3/87 Resolution No. 87-265 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Pope-Ludlam, Miller. Noes: Council Members Maudsley, Minor. Absent: None. Mayor wilcox explained that the agreement between Mitsubishi and Maruko is written in Japanese, and the City will receive a translation by August 13, 1987. This docu- ment states that the City will permit Maruko to buy the hotel back after completion. REDEVELOPMENT AGENCY - UNFINISHED ITEMS (See page 27 for all unfinished City items on the Redevelopment Agency Agenda, R-3, R-4, R-5, R-6) APPEAL - CONDITIONAL USE PERMIT NO. 87-23/ VARIANCE - OFF-PREMISE SIGN - MERV SIMCHOWITZ _ NORTHWEST CORNER OF REDLANDS BLVD. AND 1-10 WATERMAN AVENUE SOUTH OFF-RAMP This is the time and place set to hear an appeal filed by Merv Simchowitz, appellant for Fastfood Develop- ments, owner, on the Planning Commission's denial of Con- ditional Use Permit No. 87-23/Variance, to permit an off- premise sign with waivers of Municipal Code Sections 19.60.250.A.3 (maximum height) and 19.60.250.A.4 (setback) in the C-3A Limited General Commercial Zone on a 1.2 acre site. (The appeal is based on the fact that the applica- tion should have been treated as a Variance, needed for the height, and not a Conditional Use Permit). The prop- erty is located at the northwest corner of Redlands Blvd. and the 1-10 Waterman Avenue south off-ramp. (38) In a memorandum dated July 14, 1987, Ann Siracusa, Planning Director, stated that at the meeting of the Plan- ning Commission on June 2, 1987, the application for Con- ditional Use Permit No. 87-23 was unanimously denied, based on findings of fact contained in the staff report dated June 2, 1987. DEPUTY CITY ATTORNEY GRACE ARRIVED Deputy City Attorney Grace arrived at the Council Meeting. Mayor wilcox opened the public hearing. Planning Director Siracusa presented the background of the appeal, stating that the issue involved is whether or not the sign in question is an off-premise sign. (Lo- cated immediately adjacent to Interstate 10, approximately 1200 feet from the Buyer's Club). The appellant contends that the wording on the sign says Buyer's Club Center and does not advertise a specific retail business but is a sign for the entire parcel owned by the appellant. Ms. Siracusa stated that the San Bernardino Municipal Code limits an off-premise sign to 32 feet in height. The proposed sign is 50 feet in height. The Code also re- quires that any off-premise sign be a minimum of 600 feet from the right-of-way of any freeway. The north edge of the proposed sign is approximately three feet from the freeway right-of-way. Ms. Siracusa stated that an issue to be considered is a comment from Cal Trans that the proposed sign presents a health & safety hazard, in that the colors of the sign are similar to freeway directional signs and could cause con- fusion. 19 8/3/87 Ms. Siracusa stated that staff recommends that the Council deny the appeal and uphold the Planning Commis- sion's decision. Merv Simchowitz, developer of the project, stated that Buyer's Club Project is being developed in a blighted area. He stated he is working with the Redevelopment Agency to change the blighted area into a profit generator for the City of San Bernardino, which will receive 1% of tax revenue of every unit. Mr. Simchowitz stated he had promised adequate sign- age to all the tenants , as they rely on visual attraction and it is important to have identity for the project. He stated there are no adverse effects to the neighboring land as he controls all the land. He stated there is a large Motel 6 sign in the area that is higher than what he is proposing and obstructs the view. Deputy City Attorney Grace answered questions regard- ing the standard for freeway oriented signs. John Starner, C. G. Engineering, answered questions regarding the height of the freeway at the location in question, stating he estimated there is a differential of 10' to 15' in that area. Mr. Simchowitz stated there are many palm trees in the area which create the need for a sign to be seen above them. The alternative would be to cut them down, which he prefers not to do. He stated that the colors in the sign are green, white and red. Deputy City Attorney Grace stated that the appellant has not met the burden of proof that there are exceptional or extraordinary circumstances applicable to the property that don't apply to similarly zoned property. Planning Director Siracusa answered questions, stat- ing that the appellant is entitled to one on-premise sign and one building fascia sign on each parcel. Mr. Simchowitz answered questions, stating that he will only have one sign with the Buyers Club Center name. There are over 30 lots in the entire center. Every new user will expect a sign. Brian Simpson, attorney, 234 N. Arrowhead Avenue, representing the Buyer's Club, stated that traveling west on the freeway, the only thing you can see in that area is Motel 6 sign. The Buyers Club Center is not visible until you get past the Waterman Avenue off ramp. He stated that there are exceptional circumstances that arose as a result of the construction of the freeway. He stated that his client relies on visual contact, as they do not advertise heavily. He also stated that he felt the colors of the sign were not detrimental, but tended to give sufficient notice so that motorists could make a safe turn off the freeway. Council Member Minor made a motion, seconded by Council Member Reilly, to affirm the decision of the Plan- ning Commission and deny the appeal. Planning Director Siracusa answered questions, stat- ing there were options to consider, such as cutting down the palm trees, changing the colors in the sign, or chang- ing the ordinance. 20 8/3/87 The Mayor and Council discussed various options that would allow the granting of the Conditional Use Permit. Mr. Simchowitz agreed to change the colors in the sign to make it acceptable to Cal Trans. Deputy City Attorney Grace answered questions regard- ing special circumstances. Charles Schultz, attorney from Reid & Hellyer, 599 N. Arrowhead Avenue, representing Mr. Simchowitz, referred to court cases that supported his contention that the vari- ance should be granted. He stated that the point of the cases was that the surrounding property must be considered in making the decision. The motion by Council Member Minor, seconded by Council Member Reilly, failed by the following vote: Ayes: Council Members Reilly, Maudsley, Minor. Noes: Council Members Estrada, Flores, Pope-Ludlam, Miller. Absent: None. Council Member Estrada made a motion, seconded by Council Member Miller, to reverse the findings of the Planning Commission and approve Mr. Simchowitz' Condi- tional Use Permit, with the condition that the colors of the sign be changed so they would not be confused with freeway signs. City Attorney Penman stated that to approve the mo- tion it would be necessary to make certain findings which he felt could not be legally made. He stated the Council needs to put on the record the evidence and findings that there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to the other property in the same zoning district in the neighborhood. He also stated that the findings must be made at this time. After discussion by the Mayor and Council, City At- torney Penman stated he would attempt to come up with the necessary findings. Council Member Estrada made a substitute motion, seconded by Council Member Miller and unanimously carried, that CUP No. 87-23 be continued to August 17, 1987, so that the City Attorney can get together with the attorney from Reid & Hellyer representing Mr. Simchowitz and the attorney for the Buyer's Club to explore the Findings of Fact and report back to the Council. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ENVICOM CORPORATION TO PROVIDE CONSUL- TANT SERVICES FOR THE COMPLETION OF THE COMMUNITY GENERAL PLAN. (5-3) City Clerk Clark read the title of the resolution. City Attorney Penman stated that negotiations regard- ing this resolution had just been completed today, and there had not been time to read the various attachments to the agreement. He requested additional time to read all the documents. Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that said resolution be continued to 9:00 a.m., Friday, August 7, 21 8/3/87 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPEAL - VARIANCE NO. 87-25 - ENCLOSED CARPORT CONSTRUCTION - R-3, MULTIPLE FAMILY RESIDENTIAL ZONE - 154 E. FOURTH STREET - ROBERT L. GOODRICH This is the time and place set to hear an appeal filed by Robert L. Goodrich on behalf of the Bauer Family Trust, for applicant/owner Irene Bauer, on the Planning Commission's denial of Variance No. 87-25, to permit a variance of Municipal Code Section 19.56.020.C requiring enclosed carport construction in the R-3, Multiple Family Residential Zone. The property is located at 154 E. Fourth Street. (39) In a memorandum dated July 14, 1987, Planning Direc- tor Siracusa stated that at the meeting of the Planning Commission on June 16, 1987, the application for Variance No. 87-25 was unanimously denied. Planning Director Siracusa explained the background of the request for Variance No. 87-25, stating there is a code requirement that carports be enclosed on three sides. The appellant is proposing to construct a metal carport without any sides on existing footings, so the carport would be a roof supported by four posts, which the appel- lant contends is in keeping with the neighborhood. Ms. Siracusa stated that it was determined that building per- mits for other carports in the neighborhood had been is- sued in error, and that staff had determined there were no exceptional or extraordinary circumstances for granting a variance. Mayor wilcox opened the hearing. Mr. Len Shidler, Property Manager, stated this is low income rental property, and the tenants don't own cars, so don't need carports. He also contended that storage areas would be used only for garbage. Therefore the demand for an enclosed carport with storage is un- reasonable and would increase the rent. He stated that the carports had been damaged by earthquake and fires, and were not being used. Mr. Robert Goodrich, Counsel for the appellant, pointed out what he considered special circumstances in granting the variance: (1) Because the storage areas are required to be built of wood, there will be a considerable fire hazard because of transients coming through the area; (2) Within the immediate area, there are at least five or six apartment complexes that have open sided metal car- ports, of the same type his client wishes to build. This type of construction would deter arson and vandalism. Planning Director Siracusa building permits were issued in done again. stated that previous error and should not be Deputy City Attorney Grace answered questions, stat- ing there have to be findings of fact to grant a variance. Council Member Estrada made a motion, seconded by Council Member Miller, that the public hearing be closed, and the decision of the Planning Commission be modified to permit the applicant to submit plans for a metal carport not requiring the storage areas for the third side enclos- ure. The following findings are to be included: (1) that no new residential units are proposed, the present units have been there for a number of years; (2) there 22 8/3/87 was an act of God that somehow destroyed or caused the carports to be structurally unsound, and therefore aban- doned; (3) in the matter of the storage areas, the appli- cant has indicated that there are individual storage areas in the rear of each unit; and (4) the units are located in the rear of the property and are not visible by the public from the street. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Pope- Ludlam, Miller. Noes: Council Member Minor. Absent: None. City Attorney Penman suggested another finding could be made regarding the confusion over inconsistent provi- sions in the San Bernardino Municipal Code regarding car- ports. APPEAL - CONDITIONAL USE PERMIT NO. 87-27 - CONDITION NO. 10 - NINTH STREET - WEST OF TIPPECANOE - ROY F. KROLL & ASSOCIATES This is the time and place set to hear an appeal filed by Roy F. Kroll & Associates, Inc., for Applicant Lindsay Barto, owner, on the Planning Commission's approv- al of Conditional Use Permit No. 87-27, in particular, Standard Condition No. 10 which stated "All utility lines shall be installed underground subject to exceptions ap- proved by the Planning Department and the City Engineer". The subject property is located on the north side of Ninth Street approximately 992 feet west of the centerline of Tippecanoe Avenue. (40) Planning Director Siracusa recommended this appeal be continued. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the Appeal of Conditional Use Permit No. 87-27 be continued to September 8, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to allow the applicant to provide the necessary justification for a waiver and to allow the Public Works Department to analyze the information and make a recommendation to the Council. APPEAL - VARIANCE NO. 87-18 - WAIVE HEIGHT OF STRUCTURE - CONSTRUCTION OF FOUR-STORY BUILDING - NORTHWEST CORNER OF HUNTS AND HOSPITALITY LANES This is the time and place set to consider an appeal filed by Helen Kopczynski on the Planning Commission's approval of Variance No. 87-18, to waive the height of structures in the C-3A, Limited General Commercial Zone. (Construction of a four-story building). The subject property is located at the northwest corner of Hunts and Hospitality Lanes. (41) Planning Director Siracusa presented the background of the Planning Commission's approval of Variance No. 87-18. She stated the matter had been referred back to the Environmental Review Committee for review regarding a liquefaction study, soil/foundation investigation, and traffic study. The ERC recommended a Negative Declara- tion. Mayor wilcox opened the hearing. Helen Kopczynski, 8150 the liquefaction issue had tion of the City GeOlogist, fore rescinded that portion Cable Canyon Rd., stated that been settled to the satisfac- Floyd Williams, and she there- of her appeal. 23 8/3/87 Charles Schultz, 599 N. Arrowhead Avenue, Attorney representing Simchowitz Enterprises, stated is was his understanding that Mrs. Kopczynski had withdrawn her en- tire appeal. Mrs. Kopczynski agreed that her entire appeal was rescinded. City Attorney Penman stated that once an appeal had been filed, even though the appeal had been withdrawn by the appellant, the appeal must be heard and findings made. City Attorney Penman stated that he would also like to appeal the approval of Variance No. 87-18, based on two votes by Planning Commissioners who voted to approve the project because they "felt sorry for Mr. Simchowitz" and also based on the inadequacy of liquefaction and noise studies. Deputy City Attorney Grace spoke regarding State law which says that the local agency can limit the scope of issues on appeals, but the City has unlimited scope in allowing anyone to appeal on any grounds. Mrs. Kopczynski stated for the record there were not adequate findings to grant the variance by the Planning Commission. Mr. Simchowitz stated that there are eight different height variances that have been approved, and no piece of dirt has been studied more for liquefaction in San Bernar- dino. City Attorney Penman emphasized the need for the Council to establish findings in order to grant the vari- ance, and read the findings requirement from the Municipal Code. Deputy City Attorney Grace referred to case law and stated that there were other variances granted in the area, but all were in CM Zone. This is a C-3A Zone and creates a precedence. She stated that the case of Minney vs. Azusa established that prior exceptions are not con- trolling and that the variance cannot be granted on repe- tition of the wrong. Charles Schultz, 599 N. Arrowhead Avenue, represent- ing Mr. Simchowitz, stated that this is a Redevelopment Project and will result in building the "E" Street Bridge and bring many jobs into the area. He also stated that the C-3A Zone is superior to the CM Zone, and should be entitled to the same rights. Council Member Flores made a motion, seconded by Council Member Estrada, to close the hearing and to affirm the Planning Commission's decision of approval. The motion carried by the following vote: Council Members Estrada, Flores, Pope-Ludlam, Noes: Council Members Reilly, Maudsley, Minor. None. Ayes: Miller. Absent: FISCALINI FIELD - DISCUSSION - NOISE LEVEL - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for discus- sion and possible action regarding the noise level at Fiscalini Field, and a letter filed by Bruce Englebrecht, attorney for the "Spirit" requesting acknowledgement by the City that the "Spirit" has taken steps to abate a noise nuisance. (28 and S-9) 24 8/3/87 City Attorney Penman advised the Council that at any time they choose, they could go into Closed Session. He also stated that the City has hired a consultant to give advice on acoustics in the ballpark. Henry Stickney, President of "Spirit" Baseball Club, stated that he had met last week with Mayor wilcox and Council Member Miller and that he is recommending that the sound engineer measure the level of sound and make recom- mendations. Any corrections would be made based on those recommendations. Mr. Stickney explained some of the steps taken by Mr. Shanahan, General Manager of the "Spirit", include moving two speakers that were on the hill to the light poles, and placed two on top of the press box, but those speakers have been stolen. Also, they have reduced the sound level and the number of announcements and charges. The com- plaints are generally down to a one block area surrounding the ballfield. Mr. Stickney stated they have received several com- plaints from fans regarding the reduction of the excite- ment level in the park. They anticipate the "Spirit" will break an attendance record that has stood over 40 years. Mr. Stickney told the Council that the Spirit Club would like professional help in making the necessary ad- justments. Attorney Peg Battersby of Brunick and Pyle, repre- senting the neighbors, requested a time line for making the permanent improvements, and in the interim, requested that the sound level be turned down. She stated that there was no evidence that it had been turned down as stated. Lee Paglia, Assistant General Manager, "Spirit", addressed the complaint that the sound is being increased as the evening goes on. She stated that the neighbors are monitoring the phones at the ballpark to keep track of complaints. She stated that the sound is not being in- creased, but seems louder as the traffic noises diminish. Virginia Nelson, 2302 Newport Avenue, gave a chron- ology of events over the last few months: June 12 - A professor from Cal State recommended a reduction of sound level and Parks & Recreation agreed with their report. Mayor wilcox notified the "Spirit" that corrective action was necessary; July 10 - Speakers were repositioned; July 15 - Another meeting was held and Mayor wilcox directed them to turn the sound down to 40 decibles; July 24 - Mr. Shanahan was given notice by the City to reduce the sound, with a follow-up meeting to be held. Mrs. Nelson stated that the sound was turned down, but the reduction was not discernable. The Committee has selected a consultant and wants immediate action, because the next home stand of ten games begins on Friday, August 14, 1987. Sharon Brouse, 1133 E. 23rd Street, talked about the emotional stress the neighbors are living under and asked for peaceful coexistence with activities at Fiscalini Field as it was in the past. 25 8/3/87 I Rev. Dunston, 2381 Harrison, stated that the noise has not been reduced to one block. He purchased his home because of the quiet neighborhood and finds that the noise now conflicts with his study and sleeping habits. Tim Pepper, a "Spirit" supporter and fan, and holds season tickets to the "Spirit" games, spoke regarding the reduction in excitement for the 950 season ticket holders. Susan Bond, holder of season tickets, read a petition signed by over 900 fans. Tim Pepper stated that the "Spirit" is more than a ball club - it is a business within the community. Richard Del George, 1139 E. 23rd Street, one of the closest residents, stated the problem has to be resolved, as the noise can be heard with doors and windows closed. L. Davies, 2385 Lawrence, stated that the noise has gone up and the property values have gone down. He stated that people must have peace in their own yards. He sug- gested putting the speakers under the bleachers. Bill Shanahan, General Manager of the Spirit, stated that everyone has good intentions but there is a gray area in solving the problem. He stated he hoped the sound engineers could provide the answer. Bernice Russell, Harrison Street resident, complained about the sound, and stated they they didn't have this problem with other teams that played at Fiscalini Field prior to the "Spirit". Mrs. Johnnie Pepper of San Bernardino Avenue, stated that the "Spirit" is the best thing to happen to the com- munity and hoped that a compromise can be reached. RECESS MEETING - CLOSED SESSION At 7:15 p.m., Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the Council recess to Closed Session to confer with its attorney pursuant to Government Code Section 54956.9(b) (1) regarding Residents vs. San Bernardino Base- ball Club, Inc., "Spirit" and City of San Bernardino and other items. (S-8) CLOSED SESSION At 7:15 p.m., the Closed Session was called to order by Mayor Wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Pen- man, City Administrator Schweitzer. Absent: City Clerk Clark. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 7:30 p.m., Council Member Pope-Ludlam left the Closed Session. ADJOURN CLOSED SESSION At 7:35 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. 26 8/3/87 RECONVENE MEETING At 7:35 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, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Pope-Ludlam. FISCALINI FIELD - NOISE LEVEL Council Member Miller made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal of the Spirit be denied. The Parks, Recreation & Community Services Department was instructed to monitor the noise level during the games scheduled to be played during the next fourteen days (next home stand) as in- structed by the Council on July 27,1987. It was noted for the record that when the Spirit Club was asked to re- duce the noise levels previously, they have cooperated. (28, S-8, S-9) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the item regarding the noise level at Fiscalini Field be con- tinued to 9:00 a.m., on Friday, August 7, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (28) SCHEDULE HEARING - BOARD OF WATER COMMISSIONERS Mayor wilcox stated she would inform the Council at a later date as to an appropriate time to schedule a hearing with the Board of Water Commissioners on high groundwater. Council Member Estrada made a motion, seconded by Council Member Miller and unanimously carried, that the matter of scheduling a hearing with the Board of Water Commissioners be continued to August 17, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (5-13) RES. 87-266 - RESOLUTION OF THE CITY OF SAN BERNARDINO EXTENDING THE INTERIM BUDGET OF SAID CITY FOR THE FISCAL YEAR 1987-1988 UNTIL AUGUST 18, 1987. (15) (Continued from earlier in the meeting.) Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 87-266 was vote: Ayes: Council Members Maudsley, Minor, Miller. Noes: Member Pope-Ludlam. adopted by the following Estrada, Reilly, Flores, None. Absent: Council LIBRARY BOARD OF TRUSTEES - STATEMENT City Administrator Schweitzer distributed a statement of the Library Board of Trustees through Steve Witney, City Librarian, dated August 3, 1987, regarding the Li- brary Board of Trustees. In the statement, the Library Board of Trustees re- affirmed their cooperation with the Council, but felt they could not abandon their responsibility contained in the City Charter as it relates to the operation of the City Libraries. Since given the responsibility of overseeing the City Libraries, the Board has spent many hours ful- filling their obligation to provide the best library ser- 27 8/3/87 I vice possible to the citizens of San Bernardino. The Board requested that the Council continue to respect the area of responsibilities and authority of the Library Board of trustees. SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT ADVISORY COMMISSION - APPOINTMENT OF MAYOR WILCOX AND COUNCIL MEMBER REILLY This is the time and place set to consider the ap- pointment of ~ayor wilcox and Council Member Reilly (Al- ternate) to t~ San Bernardino Valley Municipal Water District Advisory Commission. (S-12) City Attorney Penman questioned the appointments of Mayor Wilcox and Council Member Reilly to the San Bernar- dino Valley Municipal Water District, based on the section of the Charter that prohibits elected officials from hold- ing certain other offices. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that the matter of the appointments of Mayor wilcox and Council Member Reilly to the San Bernardino Valley Municipal Water District be continued to August 17, 1987, in the Council Chambers of City Hall, 31313 North "0" Street, San Bernar- dino, California. UNFINISHED AGENDA ITEMS Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, that all unfinished Agenda items be continued to 9:1313 a.m., Friday, August 7, 1987, in the Council Chambers of City Hall, 31313 North "0" Street, San Bernardino, California. (26, 35, 36, 37, S-4, S-5, S-6, S-liJ, S-11, S-14) ADJOURN MEETING At 7:55 p.m., Council Member Maudsley made a motion, seconded by Council Member Estrada and unanimously car- ried, that the meeting be adjourned to 9:1313 a.m., Friday, August 7, 1987, in the Council Chambers of Ci ty Hall, 31313 North "0" Street, San Bernardino, California. ~//m~4b / City Clerk No. of Items: 48 No. of Hours: 10~ 28 8/3/87