HomeMy WebLinkAbout07-01-1985 Minutes
City of San Bernardino, California
July I, 1985
.
The Regular Meeting of the Mayor and Common Council
of the City of San Bernardino was called to order by Mayor
Wilcox at 9:06 a.m., on Monday, July I, 1985, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
INVOCATION
The Invocation was given by Chaplain David Randolph,
San Bernardino Community Hospital.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by the members of
Boy Scout Troop #21, Home of Neighborly Service.
.
ROLL CALL
Roll Call was taken by the City Clerk with the fol-
lowing being present: Mayor Wilcox; Council Members
Estrada, Reilly, Hernandez, Marks, Quiel, Frazier,
Strickler; City Attorney Prince, City Clerk Clark, City
Administrator Matzer. Absent: None.
COUNCIL MEMBER ESTRADA EXCUSED
Council Member Estrada left the Council Meeting.
APPROVE MINUTES - JUNE 10, 1985
Council Member Marks made a motion, seconded by
Council Member Strickler and unanimously carried, to ap-
prove the minutes of the meeting of the Mayor and Common
Council of the City of San Bernardino held on the lOth of
June, 1985, as submitted in typewritten form. (1)
APPROVE MINUTES - JUNE 17, 1985
Council Member Marks made a motion, seconded by
Council Member Strickler and unanimously carried, to amend
the minutes of June 17, 1985, by interdelineation on page
26, the last paragraph, to change the motion to read:
"item was continued to July I, 1985." and approve the
minutes as amended. (2)
.
CLAIMS AND PAYROLL
Council Member Marks made a motion, seconded by
Council Member Strickler and unanimously carried, to ap-
prove demands against the City and authorize the issuance
of warrants as follows: (3)
1. Approve the register of demands dated:
June 6, 1985
June II, 1985
June 17, 1985
84/85
84/85
84/85
#48
#49
#50
$1,832,625.49
1,028,822.79
1,072,492.15
2. Approve a supplement to the total gross payroll
for the period May 13, 1985, through May 26,
1985, in the amount of $742.26.
3. Approve the total gross payroll for the period
May 27, 1985, through June 9, 1985, in the
amount of $1,125,151.64.
.
PERSONNEL ACTIONS
Council Member Marks made a motion, seconded by
Council Member Strickler and unanimously carried, that the
personnel actions submitted by the Director of Personnel
in accordance with all administrative regulations of the
City of San Bernardino be approved and ratified. (4)
APPOINTMENTS
.
Animal Control
Diane C. Anthony - Animal Health Technician -
Effective July 2, 1985
Public Services/Refuse
Refuse Operator I - Effective July 2, 1985
Leland Angiollilo
James E. McClain
TEMPORARY APPOINTMENTS
Parks, Recreation & Community Services
Lifeguard/Part-Time - Effective June 24, 1985
Anthony Arreola
Janet C. Budde
Robert Harris - Kitchen Helper - Effective
July 2, 1985
.
Heidi Salerno - Senior Lifeguard/Part-Time -
Effective June 24, 1985
Senior Services Aide - Effective July 2, 1985
Hubert French
Arthur Ramos
Public Buildings
Rodolfo Franco - Custodial Aide III - Effective
July 8, 1985
Animal Control
Animal License Checker - Effective July 2, 1985
Nicholas D. Gonzales
Sheila J. Meyer
PROMOTIONAL APPOINTMENTS
Parks, Recreation & Community Services
Marshall P. Victor - Supervising Lifeguard/
Part-Time - Effective July 2, 1985
.
Public Services/Refuse
Edward Gutierrez, Jr. - Refuse Operator II -
Refuse Operator I to Refuse Operator II -
Effective July 2, 1985
City Clerk
Lanette C. Schubert - Business License
Inspector (U) - Intermediate Typist Clerk to
Business License Inspector (U) - Effective
July 1, 1985
Finance/purchasing & Stores
Lloyd H. Corley - Central Stores Supervisor -
Storekeeper I to Central Stores Supervisor -
Effective July 2, 1985
PROMOTIONAL APPOINTMENT - TEMPORARY
.
Parks, Recreation & Community Services
Vernette L. Ching - Supervising Lifeguard/
Part-Time - Effective July 2, 1985
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PROMOTIONS
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Police Department
David H. Clark - Sergeant - Training Officer to
Sergeant - Effective July 2, 1985
Wesley S. Farmer - Sergeant - Detective to
Sergeant - Effective July 2, 1985
Gerald E. Ryen - Sergeant - Investigator (Traffic)
to Sergeant - Effective July 2, 1985
Earnest L. Tull - Sergeant - Training Officer to
Sergeant - Effective July 2, 1985
PROMOTION/TRANSFER
Police Department
Sergeant - Detective to Sergeant - Effective
July 2, 1985
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Leland R. Chennault
Clifford E. Lingren
David W. Suttle
Michael Kinsman
Roger W. Poyzer
LEAVE OF ABSENCE
Building & Safety
Betty J. Brooks - Intermediate Typist Clerk -
June 19, 1985 to July 9, 1985 - Effective
June 19, 1985
LEAVE OF ABSENCE (REINSTATEMENT)
Personnel
Lisa L. Villalobos - Personnel Clerk I -
May 2, 1985 to June 28, 1985 - Effective
June 28, 1985
VOLUNTARY DEMOTION
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Parks, Recreation & Communit Services
Russell Parmenter - Senior Lifeguard Part-Time -
Supervising Lifeguard/part-Time to Senior
Lifeguard/Part-time - Effective July 2, 1985
RES. 85-234 - RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING AND ADOPTING THE TEM-
PORARY BUDGET OF SAID CITY FOR THE FISCAL
YEAR 1985-86.
City Clerk Clark read the title of the resolution.
Council Member Strickler made a motion, seconded by
Council Member Marks and unanimously carried, that further
reading of the resolution be waived.
COUNCIL MEMBER ESTRADA RETURNED
Council Member Estrada returned to the Council Meet-
ing and took her place at the Council Table.
City Attorney Prince recommended that the resolution
should specify that it relates to the adoption of the
temporary budget.
.
Counci 1 Member Quiel made a motion, seconded by
Council Member Reilly and unanimously carried, that said
resolution be amended by inserting the word "temporary" in
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front of the word "budget" and that the resolution be
adopted as amended and with the understanding that no
expenditures for capital improvements, new personnel or
expanded programs for 1985-86 are authorized at this time.
vote:
Marks,
None.
Resolution No. 85-234 was adopted by the following
Ayes: Council Members Estrada, Reilly, Hernandez,
Quiel, Frazier, Strickler. Noes: None. Absent:
BUSINESS LICENSE INSPECTOR POSITION - CITY CLERK'S
OFFICE
City Clerk Clark stated that a position of Business
License Inspector, effective July I, 1985, had been in-
cluded in the Personnel Actions, and referred to the pre-
vious action taken on the temporary budget which would
prohibit new positions.
Council Member Quiel made a motion, seconded by
Council Member Reilly and unanimously carried, to approve
the hiring of a License Inspector for the City Clerk's
Office, effective July 1, 1985.
.
RETIRED CITY EMPLOYEES - REQUEST TO DISCUSS HEALTH
PLAN CONTINUATION FOR SURVIVING SPOUSES
Council Member Strickler made a motion, seconded by
Council Member Frazier and unanimously carried, that the
request to discuss health plan continuation for surviving
spouses of retired City Employees be considered out of
sequence. (23)
In an undated memorandum, Mary Jane Perlick, Director
of Personnel, explained the background of the request to
consider health plan continuation for surviving spouses of
retired City employees. Also presented were copies of
Council Personnel Committee minutes of August la, 1984,
and correspondence from Attorney Charles A. Goldwasser,
who requested that this item be placed on the Council
Agenda.
.
Council Member Reilly stated that he is a retired
City employee and the issue of health plan continuation
for surviving spouses might be construed to be a conflict
of interest. Mr. Reilly further stated he had consulted
with City Attorney Prince regarding this matter and was
informed that no conflict of interest was involved. Thus,
Council Member Reilly stated he will participate and vote
in this matter.
Lt. Paul Bashaw, Police Department, representing the
San Bernardino Police Officers Association, explained that
Attorney Goldwasser was unable to attend today's meeting.
He stated that the retired employees were not represented
when the issue of survivors benefits was discussed at a
Personnel Committee meeting held on August la, 1984. Lt.
Bashaw reviewed the history of this issue which goes back
to 1967. He requested that the Mayor appoint a standing
insurance committee and to appoint two retired City em-
ployees to serve on the committee.
City Administrator Matzer stated it was his belief
that continuation of insurance benefits for spouses of
retired employees is not a matter of negotiation, but
rather a policy matter and the Personnel Committee is the
proper place for discussion.
.
Council Member Hernandez made a motion, seconded by
Council Member Marks and unanimously carried, that the
request to discuss health plan continuation for surviving
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spouses of retired City employees be referred to the Per-
sonnel Committee. (The Personnel Committee meeting will be
held on Thursday, July 11, 1985, at 2:00 p.m., in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.) (Reconsidered later in meeting.
See page 30)
PROTEST HEARING - ASSESSMENT DISTRICT NO. 956 -
PROPOSED MAINTENANCE - LANDSCAPING - CARNEGIE
DRIVE AREA
This is the time and place set for a protest hearing
relative to Assessment District No. 956, for proposed
maintenance of landscaping in the Carnegie Drive area.
(5)
Mayor Wilcox opened the hearing.
.
RESOLUTION OF THE CITY OF SAN BERNARDINO
FINDING AND DETERMINING THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE PRO-
POSED MAINTENANCE OF LANDSCAPING IN THE
AREA OF CARNEGIE DRIVE, CREATING AN ASSESS-
MENT DISTRICT TO COVER THE COSTS OF SAID
MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT
NO. 956, ORDERING THE WORK AND THAT THE
SPECIAL ASSESSMENT, INVESTIGATION AND LIMI-
TATION ACT OF 1931 SHALL NOT APPLY.
Attorney Enos Reid, representing Evelyn Brier, prop-
erty owner in the proposed assessment district, was pres-
ent and stated he had filed a timely written protest and
explained that the assessment district would provide no
special benefit to the Brier property. He requested that
the Council take action to exclude the Brier property from
the proposed assessment district.
City Attorney Prince answered questions and recom-
mended that the Council consider the protest and determine
what effect the exclusion of the Brier property from the
proposed assessment district would have on the entire
district.
.
Roger Hardgrave, Director of Public Works/City Engi-
neer, answered questions, and recommended that the three
lots of Mrs. Brier be included in the district in order to
provide continuity of maintenance.
Attorney Reid stated that Mrs. Brier intended to
landscape and maintain her own property and would stipu-
late that in writing.
Doug Golding, representing Park Centre, was present
and explained that earlier in discussions with the City
Engineer, he thought Park Centre would file a protest in
the matter of Assessment District 956. However, when it
was discovered that a different piece of property was
involved than originally thought, it was decided not to
protest. The primary goal is that the project have well
maintained landscaping.
City Attorney Prince made suggestions as to a proper
motion and recommended that the hearing be left open.
.
Council Member Strickler made a motion, seconded by
Council Member Quiel and unanimously carried, to continue
the matter of Assessment District 956 to July 15, 1985,
and direct the City Attorney to prepare an agreement which
would be a covenant running with the land which would
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require maintenance of the excluded parcels
Evelyn Brier) at the same standards or better
provided by the Assessment District.
(owned by
than that
.
PROTEST HEARING - ASSESSMENT DISTRICT NO. 968 -
PROPOSED MAINTENANCE - LANDSCAPING AND LIGHTING -
MEDIAN STRIP - AIRPORT DRIVE BETWEEN COMMERCENTER
EAST AND COMMERCENTER WEST
This is the time and place set for a protest hearing
on Assessment District No. 968 for proposed maintenance of
landscaping and lighting in the median strip of Airport
Drive between Commercenter East and Commercenter West.
(6)
Mayor Wilcox opened the hearing.
.
Council Member Marks made a motion, seconded by
Council Member Quiel and unanimously carried, that the
protests, if any, be overruled, the hearing be closed, and
find and determine that public convenience and necessity
require the proposed maintenance of landscaping and light-
ing in the median strip of Airport Drive between Commer-
center East and Commercenter West, and that the Special
Assessment, Investigation and Limitation Act of 1931 shall
not apply.
COUNCIL MEMBER REILLY LEFT
Council Member Reilly left the Council Meeting.
RES. 85-235 - RESOLUTION OF THE CITY OF SAN
BERNARDINO FINDING AND DETERMINING THAT THE
PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE PROPOSED MAINTENANCE OF LANDSCAPING AND
LIGHTING IN THE AREA OF THE MEDIAN STRIP OF
AIRPORT DRIVE BETWEEN COMMERCENTER EAST AND
COMMERCENTER WEST, CREATING AN ASSESSMENT
DISTRICT TO COVER THE COSTS OF SAID MAIN-
TENANCE, KNOWN AS ASSESSMENT DISTRICT NO.
968, ORDERING THE WORK AND THAT THE SPECIAL
ASSESSMENT, INVESTIGATION AND LIMITATION
ACT OF 1931 SHALL NOT APPLY.
The City Clerk read the title of the resolution.
.
Council Member Quiel made a motion, seconded by
Council Member Marks and unanimously carried, that further
reading of the resolution be waived and said resolution be
adopted.
Resolution No. 85-235 was adopted by the following
vote: Ayes: Council Members Estrada, Hernandez, Marks,
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Reilly.
COUNCIL MEMBER REILLY RETURNED
Council Member Reilly returned to the Council Meeting
and took his place at the Council Table.
.
APPEAL HEARING - PLANNING COMMISSION'S DECISION -
CONDITIONAL USE PERMIT NO. 84-57 - 1605 W. BASELINE -
DUC HOANG PHAM - CONTINUED FROM JUNE 17, 1985
This is the time and place continued to for consider-
ation of an appeal filed by Due Hoang Pham on the Planning
Commission's decision of denial for Conditional Use Permit
No. 84-57 to permit a service station in conjunction with
a mini market in the C-3A, Limited General Commercial
Zone. The location of this proposed project is 1605 West
Baseline. (7)
Mayor Wilcox opened the hearing.
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.
In a memorandum dated June 25, 1985, Planning Direc-
tor Schuma reported that the appellant, Due Hoang Pham had
been given a letter dated May 21, 1985 which indicated the
minimum conditions needed prior to the issuance of a cer-
tificate of occupancy. No response was received from Mr.
Pham.
Council Member Frazier made a motion, seconded by
Council Member Reilly and unanimously carried, that the
hearing be closed and the appeal be denied.
APPEAL HEARING - PLANNING COMMISSION'S DECISION -
CONDITIONAL USE PERMIT NO. 85-8 - LUPE JAMIE -
617 W. BASELINE - CONTINUED FROM JUNE 17, 1985
This is the time and place continued to for consider-
ation of an appeal filed by Lupe Jaime, owner, Shanty
Cocktail Lounge, on the Planning Commission's decision of
denial on Conditional Use Permit No. 85-8, to permit a
cocktail lounge with pool tables with less than the re-
quired number of parking spaces in the C-3 General Com-
mercial Zone. This project is located on the south side
of Baseline Street and west of "F" Street. (8)
.
Planning Director Schuma stated that the Municipal
Code sets forth a mechanism for deviating from standard
code requirements under the Conditional Use Permit
process.
City Attorney Prince disagreed, stating that the
applicant would have to go back through the Planning pro-
cess and get a variance.
City Attorney Prince requested that the minutes show
that he had advised the Common Council that this Condi-
tional Use Permit provision as it is being designed and
recommended by the Planning Director, is to waive the
parking requirement.
Planning Director Schuma stated he was presenting to
the Council the fact there is a mechanism available within
the Code to make a decision which might be contrary to the
decision of the Planning Commission. He read Municipal
Code Section 19.78.020.21 which states:
.
"When, for certain reasons, the applicant
for a conditional use permit requires wai-
ver(s) of specific standards from the un-
derlying zone, the applicant may, at the
time of submitting the application for
conditional use permit, make a written
request to waive those development stan-
dard(s). The Commission may grant a waiver
when such waiver is found to be not con-
trary to the findings of fact required for
granting said Condi tional Use permi t."
The Planning Director pointed out that the applicant,
who has a shortage of parking spaces, did not make a re-
quest at the time of application to waive the standards
for parking.
.
Council Member Reilly made a motion, seconded by
Council Member Quiel, to continue the Conditional Use
Permit to August 19, 1985, and direct the Planning Commis-
sion to initiate variance procedures, and that Planning
and staff expedite the matter as soon as possible.
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The motion carried by the following vote: Ayes:
Council Members Estrada, Reilly, Marks, Quiel, Frazier,
Strickler. Noes: Council Member Hernandez. Absent:
None.
COUNCIL MEMBER HERNANDEZ LEFT
Council Member Hernandez left the Council Meeting.
VARIANCE AND CONDITIONAL USE PERMIT PROVISIONS
OF MUNICIPAL CODE - REFERRED TO LEGISLATIVE REVIEW
COMMITTEE
Council Member Reilly made a motion, seconded by
Council Member Strickler and unanimously carried, to refer
the matter of Variance and Conditional Use Permit provi-
sions of the Municipal Code to the Legislative Review
Committee to analyze the procedure and direct the City
Attorney and Planning Director to submit a written inter-
pretation of the procedures presently in the Code.
.
APPEAL HEARING - PLANNING COMMISSION'S DECISION
TENTATIVE TRACT NOS. 12955 AND 12956 - VARIANCE
NO. 85-3 - NORTHERN TERMINUS - SEPULVEDA AVENUE -
CONTINUED FROM JUNE 17, 1985
This is the time and place continued to for consider-
ation of an appeal filed by the property owners living
adjacent to or near the proposed project to waive Munici-
pal Code Section 18.40.130, maximum cul-de-sac length of
500 feet on property consisting of 12.3 acres located at
the northern terminus of Sepulveda Avenue extending ap-
proximately 1,189 feet easterly from the centerline of
Sepulveda Avenue. (9)
Council Member Marks made a motion, seconded by
Council Member Quiel and unanimously carried, that the
appeal hearing relative to Tentative Tract Nos. 12955 and
12956 be continued to Monday, July 15, 1985, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
.
RECESS MEETING
At 10:20 a.m., Council Member Strickler made a mo-
tion, seconded by Council Member Frazier and unanimously
carried, that the Regular Meeting of the Mayor and Common
Council recess until 2:00 p.m., in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino,
California.
RECONVENE MEETING
At 2:05 p.m., the Regular Meeting of the Mayor and
Common Council of the City of San Bernardino reconvened in
the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
ROLL CALL
Roll Call was taken by the City Clerk with the fol-
lowing being present: Mayor Wilcox; Council Members
Estrada, Reilly, Hernandez, Marks, Quiel, Strickler; City
Attorney Prince, City Clerk Clark, City Administrator
Matzer. Absent: Council Member Frazier.
.
APPEAL HEARING - PLANNING COMMISSION'S DECISION -
CONDITION NOS. 1.A AND 1.B - REVIEW OF PLANS NO.
85-23 - 216 UNIT APARTMENT COMPLEX - VICTORIA AVE. -
PARKLAND ENGINEERING - CONTINUED FROM JUNE 17, 1985
This is the time and place continued to for consider-
ation of an appeal filed by Parkland Engineering on the
Planning Commission's decision for denial of Condition
Nos. l.a and l.b of previously approved Review of Plans
No. 85-23, which permitted the construction of a 216 unit
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apartment complex, located on the
and easterly of Sterling Avenue,
Avenue.
north side of Baseline
westerly of Victoria
(10)
.
Planning Director Schuma reported that the appellant
had requested a continuance.
Council Member Strickler made a motion, seconded by
Council Member Reilly and unanimously carried, that the
appeal hearing relative to Review of Plans No. 85-23 be
continued to Monday, July 15, 1985, in the Counc i 1 Cham-
bers of City Hall, 300 North "D" Street, San Bernardino,
California.
.
APPEAL HEARING - PLANNING COMMISSION'S DECISION -
CONDITIONAL USE PERMIT NO. 85-29 - PRESCHOOL -
SOUTH SIDE OF PUMALO EAST OF DEL ROSA - SONNA
ELLIOT
This is the time and place set to consider an appeal
filed by Sonna Elliot on the Planning Commission's deci-
sion of approval for Conditional Use Permit No. 85-29, to
permit a preschool for 30 children within a single-family
dwelling in the C-3A limited General Commercial Zone,
based upon findings of fact contained in the staff report
dated June 18, 1985, and subject to conditions and stan-
dard requirements. The proposed project is located on the
south side of pumalo Street and east of the centerline of
Del Rosa Avenue, and further described as 1643 Pumalo.
(11)
Sonna Elliot, appellant, stated that she is request-
ing the deletion of two conditions imposed by the Planning
Commission: the construction of a masonry wall at the
south and east of the property, and the parking require-
ments for eight off-street parking spaces. She explained
that there is presently a four foot chain link fence
around the property which is covered with ivy, which pro-
vides privacy and prevents children from climbing it. She
further stated that the fence meets the State requirement.
Council Member Strickler made a motion, seconded by
Council Member Quiel, to approve the appeal of the dele-
tion of two items and support the approval of the Planning
Commission.
.
Appellant Sonna Elliot explained the location of the
proposed preschool in relation to adjacent properties. She
stated that the property has a wide circular driveway and
explained how she proposed to widen that driveway to pro-
vide three "drop-off - pick-up" parking spaces in addition
to five regular parking spaces elsewhere on the property.
Planning Director Schuma stated it was his opinion
that the proposed three loading zone parking spaces in the
driveway would constitute a deviation from the parking
requirements, and explained what is required for a parking
and maneuvering area.
The Planning Director was asked if in his opinion the
deviation from the code on parking would require a vari-
ance. He stated that the way the Municipal Code is now
written, a variance would not be needed. There is a mech-
anism within the conditional use permit process for a
deviation from standard requirements.
.
The City Attorney stated he concurred with the Plan-
ning Director. The way the provision is drafted in the
conditional use permit section, it (the code) could be
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interpreted to waive any requirements of the zoning ordi-
nance of any nature, but in his judgment, under State law,
the Council must go through the variance procedure.
Planning Director Schuma agreed to meet with the
appellant in order to work out plans to meet the parking
requirements.
Council Member Strickler made a substitute motion,
seconded by Council Member Quiel and unanimously carried,
that the appeal hearing be closed; that the decision of
the Planning Commission be modified to require the exten-
s ion 'of the existing fence on the east and south sides to
six feet and to require the applicant to provide eight
off-street parking spaces in a configuration that conforms
with existing standards and is reviewed by the Planning
Director.
.
PLANNING COMMISSION REPORT
Frank Schuma, Planning Director, gave the Planning
Report regarding the Planning Commission matters of the
meeting of June 18, 1985. The following recomnendation
was made:
That the request for consideration of 25
percent density bonus allowance and reduc-
tion or elimination of required fees sub-
mitted by Donald M. Kaplan for property
consisting of 7.2 acres having a frontage
of approximately 497 feet on the northwest-
erly side of Inland Center Drive and a
frontage of 478 feet on the southeast side
of Hillcrest Drive and located approximate-
ly 125 feet southwesterly of the centerline
of "J" Street be approved by one of the
alternatives in the memorandum to the Plan-
ning Commission dated June Id, 1985.
(Density Bonus 85-1) (12)
.
Plannin9 Director Schuma explained the background of
the request for 25 percent density bonus and reported on a
meeting in which the neighboring property owners indi-
cated they preferred an increase of density of 25% to
allowing access onto Hillcrest, which were basically the
options presented. The developer Donald M. Kaplan indi-
cated he preferred private financing to mortgage revenue
bond financing.
Planning Director Schuma answered questions as to
what the City is doing relative to the density bonus leg-
islation in Sacramento.
Council Member Hernandez made a motion, seconded by
Council Member Quiel and unanimously carried, to approve
25 percent density bonus with the provision that no mort-
gage revenue bonds be applied for and approved by the City
Redevelopment Agency.
City Administrator Matzer answered questions relative
to the purchase of sewer capacity rights.
.
Council Member Quie1 made a motion, seconded by
Council Member Strickler and unanimously carried, to ap-
prove the sale of 88.5 sewer capacity rights to Mr. Donald
Kaplan for $1,410 per unit, provided they are paid for in
cash prior to July 5, 1985.
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RECONSIDERATION - MAYOR AND COMMON COUNCIL'S
DECISION TO ABATE PUBLIC NUISANCE - 5718 NORTH
"D" STREET - TED D. BAIR - CONTINUED FROM
JUNE 3, 1985
This is the time and place continued to for reconsid-
eration of the Mayor and Common Council's decision to
abate a public nuisance at 5718 North "D" Street, on prop-
erty owned by Ted D. Bair. (13)
Council Member Quiel made a motion, seconded by
Council Member Strickler and unanimously carried, to close
the hearing and reverse the decision of the Building Com-
mission.
HIGHLAND HILLS PROPERTIES - PARCEL MAP NO. 9166 -
HIGHLAND AVENUE AND ORCHARD ROAD
Council Member Marks made a motion, seconded by
Council Member Reilly and unanimously carried, to con-
sider Highland Hills Specific Plan Amendment No. 82-1.
Planning Director Schuma explained previous action
taken relative to the Highland Hills Properties and pre-
sented a resolution to implement the recommended action.
.
RES. 85-236 - RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING AMENDMENT NO. 1 TO
SPECIFIC PLAN 82-1 OF THE CITY OF SAN BER-
NARDINO.
The City Clerk read the title of the resolution.
Council Member Quiel made a motion,
Council Member Strickler and unanimously
further reading of the resolution be waived.
seconded by
carried, that
Council Member Quiel made a motion, seconded by
Council member Strickler, that said resolution be adopted.
Resolution No. 85-236 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Hernandez,
Marks, Quiel, Strickler. Noes: None. Absent: Council
Member Frazier.
.
COUNCIL MEMBER FRAZIER ARRIVED
Council Member Frazier arrived at the Council Meeting
and took his place at the Council Table.
PUBLIC HEARING - TEFRA - CAL-SHEL PROJECT -
SHANDIN HILLS - NORTH SIDE OF KENDALL DR. -
WEST OF LITTLE MOUNTAIN
This is the time and place set for a public hearing
to consider the application for financing in the amount of
$25,000,000 (originally $32,000,000) by Cal-Shel (formerly
Carousel Development & Associates) under the Tax Equity
and Fiscal Responsibility Act (TEFRA). The proposed proj-
ect is located in Shandin Hills - on the north side of
Kendall Drive approximately 1 1/2 miles west of Little
Mountain Drive. (R-20)
Chairman Wilcox opened the hearing.
Senior Assistant City Attorney Briggs answered ques-
tions regarding the inclusion of density bonus provisions
in resolutions.
.
Council Member Marks made a motion, seconded by
Council Member Hernandez and unanimously carried, that the
attorneys be directed to incorporate a standard phrase in
all resolutions where a density bonus or zoning/General
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Plan matter might become an issue, (mortgage revenue bonds
and other such issues), which would require the appli-
cant/developer to agree to waive the right to a density
bonus, and which would preserve the City's flexibility in
approving or denying any zoning matter with regard to the
development.
RES. 85-237 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNAR-
DINO, CALIFORNIA, MAKING CERTAIN FINDINGS
AND DETERMINATIONS IN CONNECTION WITH A
PUBLIC HEARING ON THE ISSUANCE OF APPROXI-
MATELY $25,000,000 PRINCIPAL AMOUNT OF
MULTIFAMILY MORTGAGE REVENUE BONDS BY THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO. (CAL- SHEL PROJECT)
The City Clerk read the title of the resolution.
Council Member Quiel made a motion, seconded by
Council Member Strickler and unanimously carried, that
further reading of the resolution be waived.
.
Council Member Quiel made a motion, seconded by
Council Member Strickler, that said resolution be adopted.
A discussion ensued relative to the vacancy factors
of apartments and single family units within the City.
Glenda Saul, Executive Director of the Redevelopment
Agency, answered questions relative to the development of
single family units in San Bernardino.
Dorian Johnson, Block Brothers, one of the principals
in the application, explained the involvement of this
group in the development in the Shandin Hills area and
stated they are trying to meet the needs of single family
dwellers. He further stated that plans are being imple-
mented for a single family subdivision.
COUNCIL MEMBER FRAZIER LEFT
Council Member Frazier left the Council Meeting.
.
Resolution No. 85-237 was amended to include language
which would require the applicant/developer to agree to
waive the right to a density bonus, and which would pre-
serve the City's flexibility in approving or denying any
zoning matter with regard to the development, and adopted
by the following vote: Ayes: Council Member Estrada,
Reilly, Hernandez, Quiel, Strickler. Noes: Council Mem-
ber Marks. Absent: Council Member Frazier.
COUNCIL MEMBER FRAZIER RETURNED
Council Member Frazier returned to the Council Meet-
ing and took his place at the Council Table.
.
SHARED HOUSING PROGRAM - COMMUNITY DEVELOPMENT
BLOCK GRANT - FISCAL YEAR 1985-86
In a memorandum dated June 26, 1985, Glenda Saul,
Executive Director, Redevelopment Agency, presented a
staff report which set forth previous action taken rela-
tive to the Shared Housing Program. Two agencies have
been considered for this service: Inland Mediation Board
and Diocesan Pastoral Center. The Citizens' Advisory
Committee recommended funding in the amount of $58,960 for
the Diocesan Pastoral Center. However, the Redevelopment
Committee recommended denial of the request. The Inland
Mediation Board did not apply to the City for CDBG fund-
ing. (R-ll)
12
7/1/85
.
Ken Henderson, Program Coordinator, Community Devel~
opment, explained the background of the action taken re-
garding the Shared Housing Program, stating that $58,960
had been included in the City's Community Development plan
submitted to HUD for this program, but the service deliv-
erer had not been identified. Mr. Henderson also answered
questions relative to San Bernardino County's funding of
Inland Mediation Board for shared housing services.
Sister Kim of Diocesan Pastoral Center answered ques-
tions of the Council, stating they had not done an actual
study of the needs of the community relative to shared
housing needs. They have matched 36 persons out of 224
applicants. Sister Kim further stated that they are re-
cipients of funds from the Arrowhead United Way, in a
total amount of $5,000.
Ken Henderson, Program Coordinator, Community Devel-
opment, stated a meeting was held with the Community Ser-
vices Division to discuss the Shared Housing Program. Anne
Rhodes, Superintendent, Community Services Superintendent,
indicated that if there was going to be a shared housing
program in San Bernardino, she would prefer working with
Diocesan Pastoral Center.
.
Sister Kim, Diocesan Pastoral Center, answered ques-
tions relative to the operation of her program and the
need for financial assistance to continue the program.
Council Member Marks made a motion, seconded by
Council Member Strickler, to direct the Human Services
Department (Community Services) to research the need for
Shared Housing in the City of San Bernardino, require that
they include in the analysis the programatic effect of
Inland Mediation Shared Housing Program and report back to
the Council on July 15, 1985, on the costs of performing
such analysis.
The motion carried by the following vote: Ayes:
Council Members Estrada, Reilly, Marks, Quiel, Frazier,
Strickler. Noes: Council Member Hernandez. Absent:
None.
COUNCIL MEMBER HERNANDEZ EXCUSED
Council Member Hernandez left the Council Meeting.
.
SUPER RUN II - MILLION DOLLAR MILE - REPORT
FROM ECONOMIC DEVELOPMENT COMMISSION (EDC)
At the meeting of the Mayor and Common Council held
on June 17, 1985, a letter was presented from Mr. Chuck
Foster of Network Enterprises, Inc., setting forth a pro-
posal to stage an event called "Super Run II - Million
Dollar Mile", a combination amateur running and drag-race
event, to be conducted with host and/or sponsorship assis-
tance by the City of San Bernardino. At that time, The
Economic Development Council (EDC) was directed to review
the proposal and report back to the Council at the meeting
of July 1, 1985. (15)
Council Member Quiel reported that the Super Run II
will be held in Lake Arrowhead on Memorial Day weekend in
1986. The City of Lake Arrowhead has agreed to sponsor
the event and act as host community.
.
Council Member Quiel made a motion, seconded by
Council Member Strickler and unanimously carried, that the
matter of the Million Dollar Mile be tabled until such
time as the Economic Development Commission has done a
13
7/1/85
.
more in-depth study of it, as well as determining whether
or not the City can provide the facilities for the Million
Dollar Mile and provide a report back sometime during the
last part of July, 1985.
COUNCIL MEMBER FRAZIER EXCUSED
Council Member Frazier left the Council Meeting.
APPOINTMENT - PARKS & RECREATION COMMISSION -
BILL BAUMANN - FIFTH WARD
In a memorandum dated June 19, 1985, Mayor Wilcox
presented a request from Council Member Quiel to appoint
Bill Baumann to the Parks and Recreation Commission to
represent the Fifth Ward. (16)
Council Member Quiel made a motion, seconded by
Council Member Strickler and unanimously carried, that the
appointment of Bill Baumann, 4395 Scripps Dr., San Bernar-
dino, CA 92407, to the Parks and Recreation Commission, be
confirmed.
.
COUNCIL MEMBERS HERNANDEZ AND FRAZIER RETURNED
Council Members Hernandez and Frazier returned to the
Council Meeting and took their places at the Council
Table.
APPOINTMENTS - FIRST WARD - GOMEZ,' BOARD OF BUILDING
COMMISSIONERS - VEGA, POLICE COMMISSION - LIGHTBURN,
PLANNING COMMISSION - ENCISO, COMMUNITY TELEVISION
COMMISSION - CISNEROS, PARK AND RECREATION COMMIS-
SION - FISHER, COMMISSION FOR DISABLED PERSONS
Pursuant to memoranda from Mayor Wilcox, Council
Member Estrada made a motion, seconded by Council Member
Quiel and unanimously carried, that the following appoint-
ments be conf i rmed as recommended by Counci 1 Member
Estrada to represent the First Ward:
Francisco "Kiko" Gomez, 533 Western Avenue,
San Bernardino, CA 92411, Board of Build-
ing Commissioners;
Robert Vega, 1448 West 8th Street, San
Bernardino, CA 92411, Police Commission;
.
John Lightburn, 663 N. Arrowhead Avenue,
San Bernardino, CA 92401, Planning Commis-
sion;
Teresa S. Enciso, 1288 West 6th Street, San
Bernardino, CA 92411, reappointment to the
Community Television Commission;
Margaret B. Cisneros, 1256 E. Central Ave-
nue, San Bernardino, CA 92408, reappoint-
ment to the Park & Recreation Commission;
F. A. "Bud" Fisher, 560 North "F" Street,
San Bernardino, CA 92401, reappointment to
the Commission for Disabled Persons.
LIBRARY AD HOC COMMITTEE MEETING - JUNE 14, 1985
REPORT - COUNCIL MEMBER STRICKLER
The Library Ad Hoc Committee Report of the meeting of
14, 1985 was presented by Council Member Strickler.
(17)
June
.
The following subjects were discussed:
14
7/1/85
1. Construction budget - projected balance
The original estimate was $6,003,316, the
current estimate is $6,179,284
.
2. Transition schedule - Old Central Library
Plans are to be out of the old library by
the end of July, with move beginning on
July 8, and furniture arriving on August 26.
Plans call for a late September grand opening,
with the Governor being invited.
3. Telephone system
The Committee recommended that Communications
Resources Company (CRC) recommendations be ap-
proved and City go out to bid on phones at sum
not to exceed $43,000.
4.
Draperies
The Committee recommended City go
recommended level of $14,602.50.
dation was clarified in motion)
out to bid at
(This recommen-
.
5. OCLC Computers
The Committee recommended that the attached pro-
posal be approved and an order be placed for the
requested items at the $9,150 cost. (See motion)
6. Inhouse automated system
The Committee recommended that lease-purchase be
looked at and funding from the General Fund.
When study is completed and returned, the matter
will be considered again by the Committee.
7. Microcomputer hardware
This matter was completed with alternate source
of funding, $50,000 loan to library in budget
hearing of June 10, 1985.
A correction was recommended in Paragraph 4 to clari-
fy that the Committee recommended awarding a bid to Car-
men's Draperies, rather than go out to bid for library
draperies; and in Paragraph 5, to make it clear that the
Committee recommended award of the contract for on-line
computerized library cataloging system.
.
Council Member Quiel made a motion, seconded by
Council Member Marks and unanimously carried, to amend the
Library Ad Hoc Committee minutes as recommended, to file
the minutes as amended and to request the City Attorney to
prepare the necessary documents for awarding the contracts
discussed.
COUNCIL MEMBER QUIEL EXCUSED
Council Member Quiel left the Council Meeting.
RESOLUTION OF THE CITY OF SAN BERNARDINO
ESTABLISHING A REQUIREMENT FOR PAYMENT OF
FEES BY DEVELOPERS OF NEW RESIDENTIAL DE-
VELOPMENT TO MITIGATE IMPACTS OF SUCH DE-
VELOPMENT ON LOCAL SCHOOLS, AND PRESCRIBING
A PROCEDURE FOR SUCH PAYMENT. (37)
The City Clerk read the title of the resolution.
.
Council Member Reilly made a motion, seconded by
Council Member Estrada and unanimously carried, that fur-
ther reading of the resolution be waived.
15
7/1/85
COUNCIL MEMBER QUIEL RETURNED
Council Member Quiel returned to the Council Meeting
and took his place at the Council Table.
.
COUNCIL MEMBER HERNANDEZ EXCUSED
Council Member Hernandez left the Council Meeting.
Frank Ayala of the San Bernardino Unified City School
District Board, introduced Attorney Parker. Attorney Par-
ker objected to certain sections of the resolution, stat-
ing that it does not reflect the School District's desires
and would like the resolution to conform to the comments
made at a meeting on Thursday, June 27, 1985.
It was suggested that the School District be given an
opportunity to review the proposed resolution and to sub-
mit their differences in writing.
Council Member Quiel made a motion, seconded by
Council Member Frazier and unanimously carried, that the
matter of the school impaction fees be continued to July
15, 1985, and the item be placed on the agenda immediately
after the Planning Commission items.
.
APPEAL - DENIAL OF CLAIM AGAINST THE CITY -
DOYLE L. ROOKS - CONTINUED FROM JUNE 17, 1985
This is the time and place continued to for consider-
ation of an appeal filed by Doyle L. Rooks on the denial
of a claim against the City. (14)
City Administrator Matzer stated that Mr. Rooks' wife
had called and withdrawn the request for an appeal.
Council Member Quiel made a motion, seconded by
Council Member Strickler and unanimously carried, that the
request of Doyle L. Rooks to appeal the denial of a claim
against the City be tabled.
WAYS AND MEANS COMMITTEE MEETING REPORT -
JUNE 24, 1985 - COUNCIL MEMBER MARKS
Council Member Marks presented the report of the
meeting of the Ways and Means Committee of June 24, 1985
(18)
The following items were discussed:
.
1. Social service contracts - evaluation and
awarding - Staff presented a study done by
students from California State University, San
Bernardino. Although the study addressed some
issues, it was felt that there was no statistical
analysis or realistic assessment. The City
Administrator was requested to provide a report
to the Council. He is to organize a task and
planning force to assess and analyze raw data
about County, City, State, Federal and United
Way funding in social service area and recommend
appropriate action as soon as possible. In the
interim, funding can be made on a monthly basis.
.
2. Operation Second Chance - Operation Second
Chance was determined to be in arrears $22,000
on a land lease agreement. A sub-committee of
Council Members Frazier and Estrada was formed
to meet with Operation Second Chance and other
officials on the indebtedness and to review man-
power and organization, space utilization and any
problems being encountered. The Committee recom-
mended to Council that the default issue be
16
7/1/85
.
worked out with Operation Second Chance by July
15, 1985, and if not satisfactorily worked out,
the Redevelopment Agency proceed with normal
default action.
3.
1985-86 Public Services Department Budget -
Youth Weed Abatement - After discussion, the
Committee asked the City Administrator to
coordinate with Public Services to determine
what proper payment for weed abatement should
be, if the present $20,000 is sufficient and
whether expansion of the program is necessary.
The recommendations will be presented directly
to Counc i 1.
.
4. Task Force Library Center visit - Oakland -
The Committee recommended to approve $400 for
Oakland visit. Additionally recommended that
a specific amount be recommended and library
work within that budget for any trips. Local
trips to accommodate more members were recom-
mended. The City Librarian, in coordination
with the City Administrator, was asked to place
the Library vehicle replacement on the Council
Agenda.
5. Five-level parking structure report - After
discussion, the Committee asked the City
Administrator to prepare a recommendation to
Council for approval of a RFP for a consultant
to analyze and recommend spaces, signage, cir-
culation and method of implementation.
6. Density Bonus report - Continued but referred
to City Administrator. The City Administrator
will consolidate all items on the Density Bonus
issue before next meeting.
7. Operational cost report of Police Community
Centers - Continued, but referred to the City
Administrator to look at operational cost report
of Police Community Centers. (The cost appears
a bit low).
.
8. Neighborhood Justice Center - Continued, but
referred to City Administrator. He will contact
Judge Morris regarding Neighborhood Justice
Centers in the local area so they can be visited
by Council and staff.
9. 1985-86 Budget, Treasurer, Investment Policy -
Continued. The City Administrator is to coor-
dinate and consult with the City Treasurer on
proposing recommended City policy on investments.
Council Member Marks made a motion, seconded by
Council Member Strickler and unanimously carried, that the
minutes of the Ways and Means Committee meeting held on
June 24, 1985, be received and filed.
Council Member Marks made a motion, seconded by
Council Member Strickler and unanimously carried, that
Committee recommended actions be approved and appropriate
departments implement these actions as necessary and as
soon as possible.
.
HOSPITALITY LANE - EMINENT DOMAIN PROCEEDINGS -
SET HEARING
In a memorandum dated June 21, 1985, City Attorney
Prince explained previous action taken relative to the
17
7/1/85
.
vacant land east of Waterman Avenue and north of Freeway
I-lO to be used as a connection for the eastward extension
of Hospitality Lane and construction of a bridge over San
Timoteo Creek. Mr. Prince also set forth legal require-
ments to be met to complete this project and recommended
that a public hearing be set for July 15, 1985. (19)
Council Member Strickler made a motion, seconded by
Council Member Quiel and unanimously carried, to set a
hearing for 9:00 a.m., on July 15, 1985, to consider Emi-
nent Domain Proceedings relative to the extension of Hos-
pitality Lane and construction of a bridge over San Timo-
teo Creek.
PLAN REVIEW AND PERMIT FEES FOR ON-SITE
IMPROVEMENTS - SET PUBLIC HEARING
In a memorandum dated June 21, 1985, Ralph H. Prince,
City Attorney, explained previous action relative to the
Plan Review and Permit Fees for On-Site Improvements and
presented a proposed resolution establishing Plan Review
Fees and Permit Fees for On-site Improvement Plans. Mr.
Prince recommended a public hearing, as required by law,
be set for July 15, 1985. (20)
.
Council Member Strickler made a motion, seconded by
Council Member Quiel and unanimously carried, to schedule
a public hear ing for July 15, 1985, at 9: 00 a. m., to con-
sider adoption of a resolution establishing Plan Review
Fees and Permit Fees for On-site Improvement Plans.
COUNCIL MEMBER HERNANDEZ RETURNED
Council Member Hernandez returned to the Council
Meeting and took his place at the Council Table.
COUNCIL MEMBERS QUIEL AND STRICKLER EXCUSED
Council Members Quiel and Strickler left the Council
Meeting.
HELP CENTER AT CITY HALL - EUGENE DOUGHERTY -
REQUEST TO BE HEARD
In a letter dated June 15, 1985, Eugene Dougherty,
Social Service Director, Macedonia Missionary Baptist
Church, requested to be heard relative to establishing a
"help center" at City Hall and outlined his proposa1. (21)
.
Eugene Dougherty presented his proposal.
Council Member Frazier made a motion, seconded by
Council Member Hernandez and unanimously carried, that the
request of Eugene Dougherty to establish a "help center"
at City Hall be referred to the Department of Parks, Rec-
reation and Community Services for evaluation/recommenda-
tion.
AMENDMENT TO GENERAL AND REDEVELOPMENT PLANS -
ZONE CHANGES - BASELINE AND MUSCOTT AVENUES -
REV. HARDY JOHNSON - SPIRIT DEVELOPMENT CORP.
In a letter dated June 15, 1985, Rev. Hardy Johnson,
President Spirit Development Corporation, outlined a plan
to construct a commercial center and a 128 unit apartment
complex on the northeast corner of Baseline Avenue and
Muscott Street. He requested that action be taken to
complete an amendment to the General and Redevelopment
Plans and necessary zone changes in order that the project
can commence. (22)
.
Steven Johnson was present to represent Spirit Devel-
opment Corporation and stated that at this time the Cor-
poration is not requesting any funds from the Redevelop-
ment Agency or the City.
18
7/1/85
.
ADJOURN CLOSED SESSION
At 6:25 p.m., the Closed Session of the Mayor and
Common Council of the City of San Bernardino adjourned to
the Regular Meeting in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
RECONVENE MEETING
At 6:25 p.m., the Regular Meeting of the Mayor and
Common Council of the City of San Bernardino reconvened in
the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
ROLL CALL
Roll Call was taken by the City Clerk with the fol-
lowing being present: Mayor Wilcox; Council Members
Estrada, Reilly, Marks, Quiel, Frazier, Strickler; City
Attorney Prince, City Clerk Clark, City Administrator
Matzer. Absent: Council Member Hernandez.
READING AND WAIVING OF RESOLUTIONS
The City Clerk read the titles of all the resolutions
on the Agenda.
.
Council Member Strickler made a motion, seconded by
Council Member Marks and unanimously carried, that further
reading of all the resolutions on the Agenda be waived.
RES. 85-238 - RESOLUTION OF THE CITY OF SAN
BERNARDINO CREATING AN ASSESSMENT DISTRICT
RESERVE FUND AND PROVIDING FOR DEPOSITS
THERETO. (See Item 40, page 23) (26)
Council Member Strickler made a motion, seconded by
Council Member Marks, that said resolution be adopted.
Resolution No. 85-238 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Marks,
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Hernandez.
RES. 85-239 - RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING THE DESTRUCTION OF
CERTAIN RECORDS BY THE PARKS, RECREATION
AND COMMUNITY SERVICES DEPARTMENT. (27)
.
Council Member Strickler made a motion, seconded by
Council Member Marks, that said resolution be adopted.
Resolution No. 85-239 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Marks,
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Hernandez.
RES. 85-240 - RESOLUTION OF THE CITY OF SAN
BERNARD I NO AUTHORI ZING THE EXECUT I ON OF
AMENDMENT NO.2 TO THE AGREEMENT WITH THE
SAN BERNARDINO UNIFIED SCHOOL DISTRICT
RELATING TO THE DELIVERY OF TYPE A LUNCHES
AND SCHEDULE B SNACKS TO CITY'S DELMANN
HEIGHTS HEAD START CENTER, TO EXTEND THE
TERM OF THE AGREEMENT FOR ADDITIONAL ONE
YEAR PERIOD. (28)
Council Member Strickler made a motion, seconded by
Council Member Marks, that said resolution be adopted.
.
Resolution No. 85-240 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Marks,
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Hernandez.
20
7/1/85
Rev. Hardy Johnson, president, Spirit Development
Corporation, answered questions regarding the proposed
development.
.
The Council discussed the need for a commercial de-
velopment and the lack of commercial property in the Sixth
Ward.
.
COUNCIL MEMBER REILLY EXCUSED
At 5:00 p.m., Council Member Reilly left the Council
Meeting.
Mr. Johnson read a letter from his finance company
and also explained to the Council how the development will
benefit the area.
Planning Director Schuma answered questions of the
Council, stating that he had talked to Mr. Johnson regard-
ing his project and had explained the process for a Gener-
al Plan Amendment and a zone change.
Mr. Johnson stated that he had met with the Northwest
project Area Ways and Means Committee.
.
Council Member Frazier made a motion to refer the
request by Spirit Development Corporation to the City
Administrator to outline what City procedures are re-
quired to meet the goals for development. (NO formal
action was taken on this motion)
.
The Planning Director agreed to work with Mr. Johnson
and prepare a written time frame for Spirit Development
Corporation to follow.
RECESS MEETING - CLOSED SESSION
At 5:20 p.m., Mayor wilcox stated the meeting would
recess to a Closed Session to discuss pending litigation
before the Mayor and Common Council and personnel matters
of the Redevelopment Agency under the authority of Govern-
ment Code Sections 54956.9Bl and 54957. (24)
.
CLOSED SESSION
The Closed Session of the Mayor and Common Council of
the City of San Bernardino was called to order by Mayor
wilcox in the Conference Room of the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino,
California.
.
ROLL CALL
Roll Call was taken by the City Clerk with the fol-
lowing being present: Mayor Wilcox; Council Members
Estrada, Hernandez, Marks, Frazier, Strickler; Sr. Assis-
tant City Attorney Briggs, City Clerk Clark, City Adminis-
trator Matzer. Absent: Council Members Reilly, Quiel.
COUNCIL MEMBER REILLY ARRIVED
At 5:30 p.m., Council Member Reilly arrived at the
Closed Session.
CITY CLERK CLARK AND CITY ADMINISTRATOR EXCUSED
At 5:30 p.m., City Clerk Clark and City Administrator
Matzer left the Closed Session.
COUNCIL MEMBER QUIEL ARRIVED
At 6:05 p.m., Council Member Quiel arrived at the
Closed Session.
.
COUNCIL MEMBER
At 6:15 p.m.,
Closed Session.
HERNANDEZ EXCUSED
Council Member
Hernandez
left
the
.
19
7/1/85
.
(Continued from June 17, 1985)
RES. 85-256 - RESOLUTION OF THE CITY OF SAN
BERNARDINO URGING CONGRESS TO EXEMPT STATE
AND LOCAL EMPLOYEES FROM THE FAIR LABOR
STANDARDS ACT. (FLSA) (25)
.
Council Member Strickler made a motion, seconded by
Council Member Quiel, that said resolution be adopted.
vote:
Quiel,
Member
Resolution No. 85-256 was adopted by the following
Ayes: Council Members Estrada, Reilly, Marks,
Frazier, Strickler. Noes: None. Absent: Council
Hernandez.
RES. 85-241 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A
SECOND AMENDMENT TO AGREEMENT WITH EUGENE
R. HENRIKSEN PROVIDING FOR A ONE YEAR EX-
TENSION OF THE CONTRACT RELATING TO POLICE
FIREARMS TRAINING. (29)
Council Member Strickler made a motion, seconded by
Council Member Marks, that said resolution be adopted.
.
Resolution No. 85-241 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Marks,
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Hernandez.
.
RES. 85-242 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A
FIFTH AMENDMENT TO AGREEMENT WITH MICHAEL
B. LYNCH PROVIDING FOR A ONE YEAR EXTENSION
OF THE CONTRACT AND ADDITIONAL COMPENSATION
RELATING TO THE CONDUCT OF POLYGRAPH EXAM-
INATIONS. (30)
Council Member Strickler made a motion, seconded by
Council Member Marks, that said resolution be adopted.
Resolution No. 85-242 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Marks,
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Hernandez.
.
RES. 85-243 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR THE DIS-
POSAL OF ANIMAL CARCASSES FROM STATE HIGH-
WAYS IN THE SAN BERNARDINO AREA. (32)
.
Council Member Strickler made a motion, seconded by
Council Member Marks, that said resolution be adopted.
Resolution No. 85-243 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Marks,
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Hernandez.
.
RES. 85-244 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A
FOURTH AMENDMENT TO AGREEMENT WITH FLOYD J.
WILLIAMS TO EXTEND THE TERM OF THE AGREE-
MENT RELATING TO EVALUATION OF GEOLOGIC
REPORTS AND LIQUEFACTION REPORTS. (33)
Council Member Strickler made a motion, seconded by
Council Member Marks, that said resolution be adopted.
.
21
7/1/85
.
Resolution No. 85-244 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Marks,
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Hernandez.
.
RES. 85-245 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE SAN BERNARDINO UNIFIED
SCHOOL DISTRICT, RELATING TO EMPLOYMENT OF
CITY POLICE OFFICERS FOR THE PURPOSE OF
PROVIDING PROTECTION AT SCHOOL EVENTS. (31)
Sr. Assistant City Attorney Briggs answered questions
regarding the security guard contract at the Central City
Mall.
Council Member Marks made a motion, seconded by
Council Member Strickler, that said resolution be adopted.
Resolution No. 85-245 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Marks,
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Hernandez.
.
RES. 85-246 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE BOARD OF WATER COMMIS-
SIONERS OF THE CITY OF SAN BERNARDINO RE-
LATING TO THE USE OF PROPERTY LOCATED AT
3990 SONORA STREET FOR PARK PURPOSES. (34)
.
Council Member Marks made a motion, seconded by
Council Member Frazier, that said resolution be adopted.
Resolution No. 85-246 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Marks,
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Hernandez.
RES. 85-247 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR GRANT ALLOCATION FOR FISCAL
YEAR 1984-85 WITH TRI COUNTIES CHAPTER OF
THE AMERICAN THEATRE ORGAN SOCIETY. (35)
.
Council Member Marks made a motion, seconded by
Council Member Frazier, that said resolution be adopted.
.
Resolution No. 85-247 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Marks,
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Hernandez.
RES. 85-248 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO ANGELICA
RENTAL SERVICES GROUP FOR THE FURNISHING,
DELIVERY, PICK-UP, CLEANING AND MAINTENANCE
OF RENTAL UNIFORMS FOR THE CITY OF SAN
BERNARDINO EMPLOYEES AND JANITORIAL ITEMS
FOR VARIOUS CITY DEPARTMENTS AS REQUIRED BY
THE CITY, IN ACCORDANCE WITH SPECIFICATION
NO. F-85-12. (36)
Council Member Marks made a motion, seconded by
Council Member Frazier, that said resolution be adopted.
.
Resolution No. 85-248 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Marks,
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Hernandez.
.
22
7/1/85
.
RES. 85-249 - RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING THE EXECUTION OF A
LEASE PURCHASE AGREEMENT WITH SECURITY
PACIFIC NATIONAL BANK PERTAINING TO EIGHT
XEROX COPY MACHINES AND REPEALING RESOLU-
TION NO. 84-533. (38)
.
Council Member Marks made a motion, seconded by
Council Member Frazier, that said resolution be adopted.
Resolution No. 85-249 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Marks,
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Hernandez.
RES. 85-250 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO CARMEN'S
DRAPERIES FOR DRAPERIES FOR THE NEW CENTRAL
LIBRARY AS REQUIRED BY THE CITY OF SAN
BERNARDINO.
The City Clerk read the title of the resolution.
.
Council Member Quiel made a motion, seconded by
Council Member Strickler and unanimously carried, that
further reading of the resolution be waived and said reso-
lution be adopted.
.
Resolution No. 85-250 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Marks,
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Hernandez.
ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST
AMENDING CHAPTER 12.94.020 OF THE SAN BER-
NARDINO MUNICIPAL CODE BY PROVIDING THAT
THE ADMINISTRATIVE FEE OF ONE PERCENT OF
THE AMOUNT OF THE TOTAL BOND ISSUE IN ANY
DEVELOPER REQUESTED ASSESSMENT BE PAID TO
THE CITY'S ASSESSMENT DISTRICT RESERVE
FUND. (See Item 26, page 40) (40)
The City Clerk read the title of the ordinance.
.
Council Member Strickler made a motion, seconded by
Council Member Marks and unanimously carried, that first
reading of the ordinance be waived and said ordinance be
laid over for final passage.
.
ORD. MC-464 - ORDINANCE OF THE CITY OF SAN FINAL
BERNARDINO AMENDING SECTION 9.90.010 OF SAN
BERNARDINO MUNICIPAL CODE TO EXTEND THE
AUTHORITY TO SECURITY GUARD PERSONNEL OF
THE CENTRAL CITY MALL TO ENFORCE SAN BER-
NARDINO MUNICIPAL CODE SECTION 10.16.210. (41)
The City Clerk read the title of the ordinance.
Council Member Strickler made a motion, seconded by
Council Member Marks and unanimously carried, that final
reading of the ordinance be waived and said ordinance be
adopted.
.
Ordinance MC-464 was adopted by the
Ayes: Council Members Estrada, Reilly,
Frazier, Strickler. Noes: None. Absent:
Hernandez.
following vote:
Marks, Quiel,
Council Member
.
23
7/1/85
.
ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST
AMENDING SECTION 10.24;190 SUBSECTION B OF
THE SAN BERNARDINO MUNICIPAL CODE TO PRO-
HIBIT VEHICLES EXCEEDING TEN THOUSAND
POUNDS ON VICTORIA AVENUE, LYNWOOD DRIVE,
ARDEN AVENUE, MARSHALL BOULEVARD, ORANGE
STREET AND PIEDMONT DRIVE. (39)
.
The City Clerk read the title of the ordinance.
City Attorney Prince explained why this Municipal
Code Section is being amended to read 10,000 pounds.
Council Member Marks made a motion, seconded by
Council Member Strickler and unanimously carried, that
first reading of the ordinance be waived and said ordi-
nance be laid over for final passage.
.
ORD. MC-465 - ORDINANCE OF THE CITY OF SAN FINAL
BERNARDINO AMENDING SECTION 10.24.190 SUB-
SECTION B OF THE SAN BERNARDINO MUNICIPAL
CODE TO INCREASE THE GROSS WEIGHT LIMIT
PROHIBITION FROM SIX THOUSAND POUNDS TO TEN
THOUSAND POUNDS OF CERTAIN STREETS, AND TO
PROHIBIT VEHICLES EXCEEDING TEN THOUSAND
POUNDS ON FOUR ADDITIONAL STREETS. (42)
.
The City Clerk read the title of the ordinance.
Council Member Marks made a motion, seconded by
Council Member Strickler and unanimously carried, that
final reading of the ordinance be waived and said ordi-
nance be adopted.
Ordinance MC-465 was adopted by the
Ayes: Council Members Estrada, Reilly,
Frazier, Strickler. Noes: None. Absent:
Hernandez.
following vote:
Marks, Quiel,
Council Member
GENERAL REPORTS AND CORRESPONDENCE
Council Member Strickler made a motion, seconded by
Council Member Quiel and unanimously carried, that the
following items be filed: (43)
a. Civil Service Eligibility Lists for:
.
Animal License Checker - Open
Dispatcher Supervisor - Promotional
Lifeguard - Open
Senior Lifeguard - Open
Supervising Lifeguard - Open
Central Stores Supervisor - Promotional
Vista Volunteer - Open
Custodial Aide - Open
Animal Health Technician - Open
Crossing Guard - Open
Summer Lunch Monitor - Open
.
b. Report relative to Reserve Sewer Capacity
Rights - Raymond D. Schweitzer, Deputy City
Administrator.
c. Application of Southern California Edison
Company for authority to change its rates, to
reduce its energy cost adjustment clause rates,
and review of Edison's operations.
.
d. City's Investment Portfolio for April 30, 1985 -
Craig A. Graves, City Treasurer.
.
24
7/1/85
e. Three alcoholic beverage control applications for
the following new and transferred licenses:
.
NEW
.
Southland Corpor-
ation dba 7-
Eleven Store
Kendall & Palm
southwest corner
Off Sale
Beer & Wine
TRANSFERRED
Christie L. &
Larry J. Cory, dba
Johnny's Steak
House
2383 Sterling
Avenue
On Sale
General
Ted De Smet, dba
The Greenbriar
1259 Lynwood
Drive
On Sale
General
f. Board of Building Commissioner's resolutions as
follows:
.
BBC 1020
BBC 1021
BBC 1022
BBC 1023
BBC 1024
500-524 North "E" Street
East 5th Street and Sterling
2322 W. Kendall
367 E. Echo Court
292 E. 4th Street
.
SECCOMBE LAKE STORM DRAIN LATERAL - APPROVAL OF
PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS
In a memorandum dated June 25, 1985, Roger Hardgrave,
Director of Public Works/City Engineer, stated that the
plans for construction of a 48" storm drain, from Sierra
Way and Fourth Street to Fifth Street and Sepulveda Avenue
have been prepared and the project is ready to be adver-
tised for bids. The total estimated project cost is
$231,000. (S-l)
City Administrator answered questions.
.
Council Member Quiel made a motion, seconded by
Council Member Marks and unanimously carried, that the
matter of the Seccombe Lake Storm Drain Lateral be con-
tinued to Monday, July 15, 1985, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino,
California.
.
RES. 85-251 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNAR-
DINO AUTHORIZING THE EXECUTION OF A CERTI-
FICATION OF RIGHT-OF-WAY IN CONFORMANCE
WI 'fH STATEMENT NO. (2), RELAT I VE TO CON-
STRUCTION OF A BRIDGE, TRAFFIC SIGNALS AND
EXTENSION OF DEL ROSA DRIVE FROM 9TH STREET
TO BASELINE STREET UNDER FAU PROJECT NO.
R063. (S-2)
The City Clerk read the title of the resolution.
Council Member Reilly made a motion, seconded by
Council Member Marks and unanimously carried, that further
reading of the resolution be waived and said resolution be
adopted.
.
Resolution No. 85-251 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Marks,
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Hernandez.
.
25
7/1/85
COUNCIL MEMBER STRICKLER EXCUSED
Council Member Strickler left the Council Meeting.
.
AMERICAN CITIES CORPORATION PLAN
In a memorandum dated June 27, 1985, City Administra-
tor Matzer stated that the American Cities Corporation had
completed its preparation of a development of a downtown
plan for the Joint Powers Authority and recommended that a
date be set for review of said plan. (S-3)
Council Member Quiel made a motion, seconded by
Council Member Frazier and unanimously carried, that the
American Cities Corporation Plan matter be continued to
Monday, July 15, 1985, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
COUNCIL MEMBER STRICKLER RETURNED
Council Member Strickler returned to the Council
Meeting and took his place at the Council Table.
.
RES. 85-252 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A
THIRD AMENDMENT TO AGREEMENT WITH PEARLINE
DAVIS RELATING TO A FIFTEEN-DAY EXTENSION
OF THE TERM FOR MANAGING THE PHONE ALERT
LEAGUE PROGRAM.
The City Clerk read the title of the resolution.
Council Member Strickler 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. 85-252 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Marks,
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Hernandez.
COUNCIL MEMBER QUIEL EXCUSED
Council Member Quiel left the Council Meeting.
.
RES. 85-253 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNAR-
DINO, CALIFORNIA, APPROVING THE ISSUANCE BY
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO OF ITS $2,000,000 REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO,
SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT
PROJECT AREA, TAX ALLOCATION BONDS, ISSUE
OF 1985, AND MAKING CERTAIN DETERMINATIONS
RELATING THERETO. (R-5)
The City Clerk read the title of the resolution.
Council Member Marks made a motion, seconded by
Council Member Reilly and unanimously carried, that fur-
ther reading of the resolution be waived.
Jeff Kinsell, Miller & Schroeder Municipals, Incor-
porated, answered questions regarding the purpose of a
supplemental resolution and the parity issue.
COUNCIL MEMBER QUIEL RETURNED
Council Member Quiel returned to the Council Meeting
and took his place at the Council Table.
.
26
7/1/85
.
Sr. Assistant City Attorney Briggs addressed the
issue of the bidding procedure remaining open and inde-
pendent. The bidding process is evaluated by a company
called Katz HOllis, which has a contract with the Agency.
Jeff Kinsell, Miller & Schroeder Municipals, Incor-
porated, answered questions regarding interest payments on
the bonds.
Council Member Marks Marks made a motion, seconded by
Council Member Quiel and unanimously carried, to adopt
said resolution contingent upon any changes by the Execu-
tive Director and Agency Counsel.
Resolution No. 85-253 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Marks,
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Hernandez.
.
RES. 85-254 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNAR-
DINO, CALIFORNIA, ACCEPTING THE TRANSFER TO
THE CITY OF SAN BERNARDINO OF A PORTION OF
THE CALENDAR YEAR 1985 PRIVATE ACTIVITY
BOND LIMIT OF THE CITY OF CORTE MADERA,
CALIFORNIA. (R-6)
The City Clerk read the title of the resolution.
Council Member Strickler made a motion, seconded by
Council Member Marks and unanimously carried, that further
reading of the resolution be waived and said resolution be
adopted.
Resolution No. 85-254 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Marks,
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Hernandez.
RES. 85-255 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNAR-
DINO, CALIFORNIA, ACCEPTING THE TRANSFER TO
THE CITY OF SAN BERNARDINO OF A PORTION OF
CALENDAR YEAR 1985 PRIVATE ACTIVITY BOND
LIMIT OF THE CITY OF MORAGA, CALIFORNIA. (R-6)
.
The City Clerk read the title of the resolution.
Council Member Strickler made a motion, seconded by
Council Member Marks and unanimously carried, that further
reading of the resolution be waived and that said resolu-
tion be adopted.
Resolution No. 85-255 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Marks,
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Hernandez.
.
ECONOMIC DEVELOPMENT COUNCIL (OVERALL ECONOMIC
DEVELOPMENT PLANNING COMMITTEE)
In a memorandum dated June 26, 1985, Glenda Saul,
Executive Director, Redevelopment Agency, reviewed the
background of previous action on the role, function and
responsibilities of the Overall Economic Development Plan-
ning Committee (OEDP) and suggested a workshop be held to
discuss the responsibilities of the Committee. She stated
that the Economic Development Council (EDC) serves as the
City's OEDP Committee. (R-12)
27
7/1/85
.
Council Member Strickler made a motion, seconded by
Council Member Frazier and unanimously carried, to direct
Redevelopment Agency staff to prepare an agreement or
amendment to existing agreement whereby the Economic De-
velopment Council reviews the functions of the Overall
Economic Development Planning Committee (OEDP) and pre-
pares a recommendation for review and adoption by the Re-
development Agency Board.
HOUSING PROGRAM - WORKSHOP
In a memorandum dated June 26, 1985, Glenda Saul,
Executive Director, Redevelopment Agency, presented a
concept paper which was developed by the Agency's housing
consultant and staff regarding the 20% set-aside program
for housing. Ms. Saul suggested setting a date for a
workshop to review and analyze the proposed program.
(R-18)
The Council agreed to hold a workshop to review and
analyze the Redevelopment Agency Housing Program at 9:00
a.m., on July 29, 1985, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
.
ORDINANCE OF THE CITY OF SAN BERNARDINO
ADDING CHAPTER 12.64 TO THE SAN BERNARDINO
MUNICIPAL CODE TO PROVIDE FOR MOTION PIC-
TURE AND TELEVISION PRODUCTION PERMITS.
FIRST
(R-23)
The City Clerk read the title of the ordinance.
Council Member Strickler made a motion, seconded by
Council Member Reilly and unanimously carried, that first
reading of the ordinance be waived, that said ordinance be
laid over for final passage and be referred to the Legis-
lative Review Committee for review.
.
RAMADA HOTEL - ENGLISH ENTERPRISES
At the meetings of the Mayor and Common Council held
on June 17, 1985 and June 25, 1985, discussions were held
relative to the use of the Convention Center by Herman
English and English Enterprises. On June 17, 1985 author-
ization was given for Mr. English and English Enterprises
to use the Convention Center on a temporary basis on June
22, 1985, given the proper protection to the City. A
proposed agreement was referred to the Redevelopment Com-
mittee for a report on June 25, 1985. (R-24)
At the meeting of the Mayor and Common Council held
on June 25, 1985, City Attorney Prince reported that the
agreement for use of the Convention Center on June 22,
1985 was never executed by Mr. English. Action was then
taken to provide that the proposed agreement for use of
the Convention Center on June 22, 1985, be tabled; that
the City Clerk be directed to notify English Enterprises
and Herman English that they have not been authorized any
use of the Convention Center by the Council. However,
English Enterprises was allowed a one time only use of the
Convention Center on June 29, 1985, subject to conditions
as specified on page 3 of the minutes of the Mayor and
Common Council dated June 25, 1985.
The Mayor and Common Council discussed the use of the
Convention Center by Herman English and whether or not the
Convention Center is completed.
.
The Mayor and Common Council also discussed the areas
in which Mr. English is in default.
28
7/1/85
City Administrator Matzer answered questions, stating
that declaring Mr. English in default will not worsen his
financial status. However, it will not help him either.
.
The City Administrator listed the default issues
which include opening date of the Convention Center and
the lack of Convention Center fully equipped restaurant
facilities.
Agency Counsel Briggs stated that a notice of default
would give Mr. English ten days to cure the problems
listed in the default action and would allow him to re-
quest arbitration.
Counc i 1 Member Qu i el made a mot i on, seconded by
Council Member Strickler, to direct the City Attorney to
file a default notice with Herman English/English Enter-
prises formally notifying them that they are in default on
the operating agreement and the disposition and develop-
ment agreement, as well as in default on the outstanding
note to the City.
The Council continued to discuss the use of the Con-
vention Center and whether Mr. English is in default.
.
Counci 1 Member Quiel made a motion, seconded by
Council Member Strickler to close the debate.
The motion to close the debate failed by the follow-
ing vote: Ayes: Council Member Reilly, Quiel, Strickler.
Noes: Counc i 1 Membe r s Estrada, Marks, Fraz ier. Absent:
Council Member Hernandez.
Council Member Frazier made a substitute motion,
seconded by Council Member Estrada, to direct staff to
check to see if in fact Herman English and English Enter-
prises are in default in any of these areas and bring back
a report at the next meeting; that this Council, if in
fact he is in default, will then take whatever necessary
action at that time to protect the City's interest; and
that a notice of default be prepared for the July 15, 1985
meeting.
.
The substitute motion failed by the following vote:
Ayes: Council Members Estrada, Frazier. Noes: Council
Members Reilly, Marks, Quiel, Strickler. Absent: Council
Member Hernandez.
After a lengthy discussion, the vote was taken on the
original motion which was to direct the City Attorney to
file a default notice with Herman English/English Enter-
prises formally notifying them that they are in default on
the operating agreement and the disposition and develop-
ment agreement, as well as in default on the outstanding
note to the City.
The motion carried by the following vote:
Council Members Reilly, Marks, Quiel, Strickler.
Council Members Estrada, Frazier. Absent: Council
Hernandez.
Ayes:
Noes:
Member
COUNCIL MEMBER STRICKLER EXCUSED
Council Member Strickler left the Council Meeting.
.
RECESS MEETING - CLOSED SESSION
At 9:00 p.m., the Council recessed for a closed Ses-
sion to discuss a labor relations matter under the author-
ity of Government Code Section 54957.6.
29
7/1/85
.
CLOSED SESSION
The Closed Session of the Mayor and Common Council of
the City of San Bernardino was called to order by Mayor
Wilcox in the Conference Room of the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino,
California.
ROLL CALL
Roll Call was taken with the following being present:
Mayor wilcox; Council Members Estrada, Reilly, Marks,
Quiel, Frazier; City Attorney Prince, City Administrator
Matzer. Absent: Council Members Hernandez, Strickler,
City Clerk Clark.
ADJOURN CLOSED SESSION
At 9:07 p.m., the Closed Session of the Mayor and
Common Council of the City of San Bernardino adjourned to
the Regular Meeting in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
RECONVENE MEETING
At 9:07 p.m., the Regular Meeting of the Mayor and
Common Council of the City of San Bernardino reconvened in
the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
.
ROLL CALL
Roll Call was taken by the City Clerk with the fol-
lowing being present: Mayor Wilcox; Council Members
Estrada, Reilly, Marks, Quiel; City Attorney Prince, City
Clerk Clark, City Administrator Matzer. Absent: Council
Members Hernandez, Frazier, Strickler.
RECONSIDERATION - RETIRED CITY EMPLOYEES -
REQUEST TO DISCUSS HEALTH PLAN CONTINUATION
FOR SURVIVING SPOUSES
Council Member Marks made a motion, seconded by
Council Member Estrada and unanimously carried, that the
matter relating to retired City employees' survivors'
benefits be reconsidered. (23)
Earlier action on the request to discuss health plan
continuation for surviving spouses referred the matter to
the Personnel Commi t tee. (See Page 4)
,
Council Member Marks made a motion, seconded by
Council Member Quiel and unanimously carried, to direct
the City Administrator and City's negotiating team to meet
and consult with the Police Officers Association regard-
ing the request to discuss health plan continuation for
surviving spouses of retired City employees.
RECESS MEETING
At 9:10 p.m., Council Member Estrada made a motion,
seconded by Council Member Quiel and unanimously carried,
to recess the Regular Meeting of the Mayor and Common
Council of the City of San Bernardino, California until
Tuesday, July 2, 1985, at 9:30 a.m. in the Council Cham-
bers of City Hall, 300 North "D" Street, San Bernardino,
California.
RECONVENE MEETING - HIGH GROUNDWATER HEARING
At 9:55 a.m., Tuesday, July 2,1985, the Regular
Meeting of the Mayor and Common Council of the City of San
Bernardino reconvened in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
.
The purpose of the meeting is to conduct a hearing on
the high groundwater problem.
30
7/1/85
7/2/85
.
ROLL CALL
Roll Call taken by the City Clerk with the following
being present: Mayor Wilcox; Council Members Estrada,
Reilly, Marks; City Clerk Clark. Absent: Council Members
Hernandez, Quiel, Frazier, Strickler; City Attorney
Prince, City Administrator Matzer.
ADJOURNMENT
At 9:55 a.m., the Regular Meeting of the Mayor and
Common Council adjourned, due to the lack of a quorum
being present.
_~Pffia~
City Cler
.
.
.
31
7/2/85