Loading...
HomeMy WebLinkAbout06-17-1985 Minutes City of San Bernardino, California . June 17, 1985 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:04 a.m., on Monday, June 17, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Council Member Frazier, Pastor, Abundant Life Fellowship Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Bernadette Ramos, Sixth Grader, Monterey School. . 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. COMMENDATION - LT. COMMANDER BENCIK - U. S. NAVAL RESERVE - RETIREMENT Lorraine Velarde, Administrative Assistant to the Mayor, read a resolution of the Mayor of the City of San Bernardino commending Lt. Commander Bencik, U. S. Naval Reserve, on his retirement. Lt. Commander Bencik was present to accept the com- mendation. Mayor Wilcox introduced Lt. Ron Clark from the U. S. Naval Reserve. . PROCLAMATION - JULY 4, 1985 - FOURTH OF JULY CELEBRATION DAY - PERRIS HILL PARK - SAN BERNARDINO VALLEY BOARD OF REALTORS Lorraine Velarde, Administrative Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, proclaiming Thursday, July 4, 1985, as Old Fashioned Fourth of July Celebration Day in the City of San Bernardino. The San Bernardino Valley Board of Real- tors, Incorporated, is sponsoring a celebration in perris Hill Park on July 4, 1985 from 10:00 a.m. until 4:00 p.m., and invited all San Bernardino citizens to participate. William G. Smith, President of San Bernardino Valley Board of Realtors, Cathy BelOW, Chairman of the Communica- tion Committee and Freddie Spellacy, Chairman of the Fourth of July picnic Committee, were present to accept the proclamation. . SUPERVISORY TRAINING CERTIFICATES Ernest Wilson, Affirmative Officer and Director of Tr a i n i ng f or the Ci ty, introduced the following Ci ty em- ployees and presented them with certificates of completion for an in-house supervisory training course: Glenda Bur- nett, Parks & Recreation; Robert Diaz, Water Department; Marilyn Dixon, Administration; Ed Gundy, Planning; Aurora Mendoza, Library; Charlotte (Charlie) Reynolds, Fire; Neil Thompson, Water Department, Janet Ward, Fire. Mr. Wilson also introduced the facilitators of the course: Roger DeFratis, Personnel; Lee Gagnon, Business License Divi- sion; John Kramer, Parks and Recreation; Joe Stejskal, Water Department. . APPROVE MINUTES - MAY 20, 1985 Council Member Strickler made a motion, Council Member Reilly, to approve the minutes ing of the Mayor and Common Council of the Bernardino held on the 20th of May, 1985, as typewritten form. seconded by of the meet- City of San submitted in (1 ) The motion carried by Council Members Estrada, Frazier, Strickler. Noes: stain: Council Member Quiel. the following vote: Ayes: Reilly, Hernandez, Marks, None. Absent: None. Ab- APPROVE MINUTES - MAY 23, 1985 Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 23rd of May, 1985, as submitted in typewritten form. (2) . APPROVE MINUTES - MAY 28, 1985 Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 28th of May, 1985, as submitted in typewritten form. (3) APPROVE MINUTES - MAY 30, 1985 Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 30th of May, 1985, as submitted in typewritten form. (4) APPROVE MINUTES - JUNE 3, 1985 Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 3rd of June, 1985, as submitted in typewritten form, with clarification on page 11, that all agenda items for regular Council meetings will be scheduled to be heard at 9:00 a.m., with no exceptions to this rule unless by an order from the Mayor and Common Council. . CLAIMS AND PAYROLL Council Member Strickler made a motion, Council Member Reilly and unanimously carried, demands against the City and authorize the warrants as follows: seconded by to approve issuance of (9 ) Approve the register of demands dated: 1. May 30, 1985 May 31, 1985 84/85 84/85 #46 #47 $947,030.37 15,474.00 2. Approve a supplement to the total gross payroll for the period April 29, 1985, through May 12, 1985, in the amount of $9,352.64. 3. Approve the total gross payroll for the period May 13, 1985, through May 26, 1985, in the amount of $1,114,484.68. . PERSONNEL ACTIONS Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the Personnel Actions submitted by the Director of Personnel in accordance with all administrative regulations of the City of San Bernardino, be approved and ratified as follows: (10) 2 6/17/85 APPOINTMENT . Public Services/Refuse Juanita H. Buckner - Account Clerk I - Effective June 18, 1985 TEMPORARY APPOINTMENTS Parks, Recreation and Community Services Rodney Alexander - Coach Operator - Effective June 18, 1985 Recreation Aide/Part Time - Effective June 18, 1985 Tammy L. Larkin James R. Bellamy Tommy Hughes Michael Newman Robert W. Buchanan Eula L. Coble - Recreation Specialist/Part Time - Effective June 18, 1985 Recreation Leader/Part Time - Effective June 18, 1985 . Paul Gianni Robert J. Kruk Gina R. Atilano Lavanne K. Pennington Holly E. Kuiper Lawrence W. Bains, Jr. Senior Lifeguard - Effective June 18, 1985 Sharon Headrick Diana Jacobs Jana Quinlan Matthew Miller - Recreation Specialist (Sports) - Effective June 18, 1985 Russell Parmenter - Supervisor Lifeguard - Effective June 18, 1985 Groundsman - Effective June 18, 1985 Mary L. Palacios Michael A. Soto Senior Recreation Leader - Effective June 18, 1985 . Cathy E. Abraham Kenneth J. Flores Martha K. Diaz Marjorie J. Loenhorst Recreation Leader - Effective June 18, 1985 Lisa M. Reisch Sarah Hernandez Wi lson Brue Cheryl D. Morton Veronica E. Spigner Lifeguard - Effective June 18, 1985 Marshall P. Victor Victor Alexander Julie K. Tiger Maurice R. Peters Jill K. McPeters Dennis Cochems Barbara Roecker Jill Grenowich Summer Lunch Monitor - Effective June 18, 1985 Louisa A. Arellano Stella Gonzales Wava C. Hahn Nancy V. Saldivar Rickey L. Gallow Mary Goodloe Reumaldo V. Pedroza Cleminstene Townsy . Finance/Central Printing Services Blanche D. Chavez - printing Operations Aide - Effective June 10, 1985 3 6/17/85 Carmen M. Stinnet - Composition and Layout Clerk - Effective June 11, 1985 . Animal Control Animal License Checker - Effective June 18, 1985 Kathy J. Burgett Shelly L. Parr PROMOTIONAL APPOINTMENTS Parks, Recreation and Community Services Monica W. Harley - Senior Recreation Leader - Recreation Leader to Senior Recreation Leader - Effective June 18, 1985 Lesli D. Hysong - Recreation Leader/Part-Time - Recreation Aide/Part-Time to Recreation Leader/ Part-Time - Effective June 18, 1985 Lisa R. Ricketts - Recreation Specialist/Part-Time - Senior Recreation Leader to Recreation Specialist/ Part-Time - Effective June 18, 1985 . Robert L. Velarde - Park Maintenance Worker I - Groundsman/Part-time to Park Maintenance Worker I - Effective June 18, 1985 LEAVE OF ABSENCE - EXTENSION Public Works/Central Garage Edward L. Downs - Equipment Mechanic - June 2, 1985 to July 1, 1985 - Effective June 3, 1985 . LIABILITY CLAIM - BOBBIE JEAN VAUGHN Pursuant to a memorandum dated May 16, 1985, from Ronald W. Solheim, Director, Emergency Services & Risk Management, Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that the claim of Ms. Bobbie Jean Vaughn, by her Attorneys of Rec- ord, Risk Management File 83B-013 and San Bernardino County Superior Court Case No. 219903, be approved as full and complete release in the negotiated sum of $5,000, for alleged bodily injury and loss of earnings, when claimant stepped into a hole and fell, at or near the north-half of the intersection of Hill Drive and Fourth Street, City of San Bernardino, on or about May 9, 1983. (6) Ronald W. Solheim, Director, Emergency Services & Risk Management, answered questions relative to the claim of Ms. Bobbie Jean Vaughn. DISABILITY RETIREMENT - BILL J. BRANDON - FIREFIGHTER/ENGINEER Pursuant to a memorandum dated June 5, 1985, from Ronald W. Solheim, Director, Emergency Services & Risk Management, Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that the Mayor and Common Council find Bill J. Brandon to be inca- pacitated for the performance of his duties as a fire fighter and that this finding be certified to the Public Employees Retirement System, as provided in Section 21025 of the Government Code, together with a request that Mr. Brandon be placed on Disability Retirement, effective April 1, 1985. (7) . Ronald W. SOlheim, Director, Emergency Services & Risk Management, answered questions. 4 6/17/85 . FINE ARTS COMMISSION RECOMMENDATION - GRANT ALLOCATION - WURLITZER THEATRE PIPE ORGAN In a memorandum dated June 4, 1985, Thelma Press, Director, Cultural & International Affairs; presented a request by the Tri Counties Chapter of the American The- atre Organ Society for a grant in the amount of $6,750 for the Wurlitzer Theatre pipe Organ. (8) Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that the recommendation of the Fine Arts Commission for grant allo- cation of $6,750 for the Wurlitzer Theatre Pipe Organ be approved. . APPEAL HEARING - PLANNING CO~~ISSION'S DECISION - DENIAL FOR VARIANCE NO. 84-l6 - EXPAND EXISTING NONCONFORMING AUTOMOBILE IMPOUND YARD - lOTH AND "E" STREETS - GERALD M. & MARY E. LAIR - CONTINUED FROM J.UNE 3, 198~ This is the time and place continued to for consider- ation of an appeal filed by Gerald M. and Mary E. Lair, dba City Towing, on the Planning Commission's decision of denial for Variance 84-lb to expand an existing noncon- forming automobile impound yard at the northwest corner of 10th and "E" Streets. (11) At the meeting of the Mayor and Common Council held on May 23, 1985, the appeal hearing relative to the Plan- ning Commission's denial of Variance No. 84-16, to expand an existing nonconforming automobile impound yard was continued to Monday, June 3, 1985. However, the matter was heard again at the meeting of the Mayor and Common Council held on Tuesday, May 28, 1985, at which time the decision of the Planning Commission was reversed and Vari- ance 84-16 was granted, based upon findings of fact and subject to various conditions. (See minutes of meeting of May 28, 1985, page 6.) . Subsequently, in a memorandum dated June 3, 1985, City Attorney Prince quoted from the San Bernardino Muni- cipal Code, Section 19.8l.030, which requires the Mayor and Common Council to hear and consider the evidence of all concerned parties at the time fixed for the hearing, which, in the case of Variance 84-l6, would be June 3, 1985. Mr. Prince further stated that the foregoing infor- mation makes the decision made at the meeting of the Council held on May 28, 1985 invalid, and requested Council to set another date for a public hearing on the appeal. Council Member Reilly stated the firm he was formerly employed by had done some work on the wall on Mr. Lairos property, and in order to avoid a conflict of interest, he would abstain from voting on this matter. City Attorney Prince stated that what is presented for action at this meeting is a resolution and agreement which would permit the operation of the towing service and impound yard for a period of five years, subject to the conditions in the agreement. Since neither the applicant nor a representative was present, it was agreed to consider this matter later in the meeting. (See page 8) . APPEAL HEARING - PLANNING COMMISSION'S DECISION - CONDITIONAL USE PERMIT NO. 84-57 - l605 W. BASELINE - CONTINUED FROM MAY 28, 1985 This is the time and place continued to for consider- ation of an appeal filed by Duc Hoang Pham on the Planning Commission's decision of denial for Conditional Use Permit 5 6/l7/85 . 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. (12) Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that the appeal hearing on Conditional Use Permit No. 84-57 be continued to Monday, July 1, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. NEGATIVE DECLARATION - TWO DOMESTIC WATER WELLS - RESERVOIR - WEST SIDE OF NORTHPARK BLVD. In a memorandum dated May 16, 1985, Frank A. Schuma, Planning Director, explained the background of the pro- posed installation of two domestic water wells and con- struction of a three to five million gallon reservoir. He stated that, as a result of a meeting held on June 11, 1985, with representatives from Cal State University, San Bernardino, the proposed reservoir will be relocated to a site directly behind the existing reservoir, which will provide screening of the new reservoir. (13) . Planning Director Schuma explained the changes that had been made in the plans for the proposed water wells and reservoir. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to ac- cept and file the Negative Declaration to install two domestic water wells and construct a three to five million gallon reservoir on 109 acres located on the west side of Northpark Blvd. and northerly of the intersection of State College Parkway and Northpark Blvd. within the City of San Bernardino for the San Bernardino Municipal Water Depart- ment. . APPEAL HEARING - PLANNING COMMISSION'S DECISION - CONDITIONAL USE PERMIT NO. 85-8 - LUPE JAMIE - SOUTH OF BASELINE - WEST OF "F" STREET - CONTINUED FROM JUNE 3, 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. (14) Planning Director Schuma explained that the Planning Commission's denial of Conditional Use Permit No. 85-5 is based on less than required parking spaces for the busi- ness of a cocktail lounge. Mrs. Ruth Jaime stated that the proposed business was 19 parking spaces short of meeting the parking require- ments, but that she had leased 14 parking spaces from one of the businesses in the same area and five in another, and that she had legal leases and contracts. . City Attorney Prince stated that there are problems with the leases provided by Mrs. Jaime for two reasons: the short duration of time, as the lease should be for the useful life of the building; and that one business can't borrow another business's parking spaces, as that would not be in conformance with the parking requirements. 6 6/17/85 . Planning Director Schuma answered questions regarding businesses in the area and gave the history of the changes in the ordinance that regulates parking requirements. He stated that more parking spaces are required for a cock- tail lounge, bar or restaurant, than for a retail outlet. A discussion ensued relative to possible alternatives to providing the required parking spaces for the Shanty Cocktail Lounge. Counc i 1 Member Re illy made a mot i on, seconded by Council Member Strickler and unanimously carried, to con- tinue the appeal relating to parking requirements for the Shanty Cocktail Lounge to Monday, July 1, 1985 and to refer the matter to the City Attorney and Planning Direc- tor to see if some resolution to the parking problem can be found. . APPEAL HEARING - PLANNING COMMISSION'S DECISION - PARCEL MAP NO. 9166 - HIGHLAND AVENUE AND ORCHARD ROAD - HIGHLAND HILLS PROPERTIES This is the time and place set to consider an appeal filed by William G. Smith, Highland Hills Properties, on the Planning Commission's decision of approval for Parcel Map No. 9166, that areas designated as "C", "N" and "0" be constructed as the first phase of development on property located at the northwest corner of Highland Avenue and Orchard Road. It was also requested that the ten day ap- peal period requirements be waived. (15) In a letter dated May 31, 1985, William G. Smith, Highland Hill properties, a California Partnership, re- quested that the condition that areas designated as "C", "N" and "0" be constructed as the first phase of develop- ment be modified to allow for the development of Parcel Map No. 9166 prior to the development of said designated areas. Planning Director Schuma explained that in addition to the request for a modification of one of the conditions of approval for Parcel Map No. 9166, there was also a request for a waiver of the ten day appeal period. . City Attorney Prince recommended denial of the appeal on the basis it was not timely filed and that it be taken back to the Planning Director to provide notice and publi- cation to amend a condition of the Parcel Map. Mr. Bill Leonard, a partner in Highland Hills Prop- erties, stated that at the Planning Commission when this matter was considered, he indicated that he would appeal the phasing requirements as far as timing was concerned. Council Member Quiel made a motion, seconded by Council Member Marks, to direct staff to prepare proper public legal notice, that this item be scheduled for hear- ing on July 1, 1985, before this body and the request for waiver of ten day appeal be denied because it was not timely filed. Bill Leonard, a partner in Highland Hills Properties, stated that time is of the essence in this matter and asked that it be handled in the most expeditious manner. . Council Member Frazier made a substitute motion, seconded by Council Member Reilly and unanimously carried, that the appeal on Parcel Map No. 9166 be continued to this afternoon. (See page 33) 7 6/17/85 . PUBLIC HEARING - REVENUE SHARING FUNDS This is the time and place set for a public hearing to consider the expenditure of Revenue Sharing Funds. (32) In a memorandum dated June 6, 1985, Warren A. Knud- son, Director of Finance, stated that Revenue Sharing regulations require that a public hearing be held prior to designation of the use of the funds by the Mayor and Com- mon Council for the purpose of providing an opportunity for citizen input on the use of 1985-86 Revenue Sharing Funds. A list of proposed uses for the funds was attached to the memorandum. Mayor wilcox opened the hearing. Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that the hearing be closed. . APPEAL HEARING - PLANNING COMMISSION'S DECISION - DENIAL FOR VARIANCE NO. 84-16 - EXPAND EXISTING NONCONFORMING AUTOMOBILE IMPOUND YARD - 10TH AND "E" STREETS - GERALD M. AND MARY E. LAIR - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for an appeal hearing filed by Gerald M. and Mary E. Lair, dba City Towing, of the Planning Commission's decision of denial for Variance No. 84-16, to expand an existing nonconform- ing automobile impound yard at the northwest corner of lOth and "E" Streets. (See page 5 for additional back- ground) (11) John Fisher, Attorney, representing Gerald M. and Mary E. Lair, presented his case and referred to a letter from the City he received dated May 28, 1985, regarding the action taken by the Mayor and Common Council on May 28, 1985. . John Wilson, Deputy City Attorney, presented the position of the City Attorney's Office that the expansion of the facility is illegal, and it is his contention that the best interests of all parties will be served by the adoption of the proposed agreement which allows a five year period in which the applicant is allowed to continue the nonconforming use. A discussion ensued relative to previous actions taken by the Council and the history of the business as established on the property in question. COUNCIL MEMBER FRAZIER LEFT Council Member Frazier left the Council Meeting. Council Member Marks made a motion, seconded by Council Member Hernandez, to rescind the action taken on May 28, 1985, on the basis that the action was not taken at the time of the scheduled hearing. The motion carried by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. Abstain: Council Member Reilly. . Deputy City Attorney Wilson answered questions, stat- ing that the provision of the five year amortization per- iod was based on case law provided in the case of Riggs vs. City of Oxnard. Attorney Fisher objected to the suggested amortiza- tion period of either five years or ten years. 8 6/17/85 . A discussion ensued regarding an appropriate amorti- zation period which would be fair to all parties concerned. Deputy City Attorney Wilson explained that the Devel- opment Review Committee had given Mr. Lair permission to build a block wall between his property and the adjacent property to the north, but that the wall had been erected on the east and south of the property also. Gerald Lair, applicant, explained the history of his business at the corner of lOth and "E" Streets and the steps he had taken to improve the property at that loca- tion. He stated he didn't think that any time limit should be placed on his business activities. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. COUNCIL MEMBER REILLY LEFT Council Member Reilly left the Council Meeting. . RES. NO. 85-203 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND GERALD M. LAIR AND MARY E. LAIR AUTHORIZING A NONCONFORM- ING VEHICLE IMPOUND YARD AT TENTH AND "E" STREETS IN THE CITY OF SAN BERNARDINO. The City Clerk read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived. Attorney Fisher, representing the applicant, request- ed that the Riggs case be removed from the resolution. . Council Member Quiel made a motion, seconded by Council Member Marks, to adopt the resolution as amended by interdelineation to allow a non-conforming vehicle impound yard at Tenth and "E" Streets for a ten year peri- od, that the property owner be given until July 15, 1985 to sign the agreement, and that the appeal hearing be continued to Monday, July 15, 1985, in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, Cal ifornia. Resolution No. 85-203, as amended, was adopted by the following vote: Ayes: Council Members Estrada, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: Council Member Reilly. RAMONA ALLESANDRO GOSPEL SINGERS (RAGS) At 10:55 a.m., there was a brief intermission while the Ramona Allesandro Gospel Singers (Rags) presented a program. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. . COMMUNITY DEVELOPMENT COMMISSION/ REDEVELOPMENT AGENCY - REGULAR MEETING At 11:15 a.m., the Regular Meeting of the Community Development Commission/Redevelopment agency was called to order by Chairman Wilcox in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 9 6/17/85 . NUNEZ PARK - TRASH ENCLOSURE In a memorandum dated June 5, 1985, Roger Hardgrave, Director of Public Works/City Engineer, explained that only one bid had been received in the amount of $32,495, for the construction of a trash enclosure at Nunez Park, which was 71% over the Engineer's estimate. Mr. Hardgrave recommended that all bids received be rejected and author- ization be given for Staff to readvertise this project. (R-2) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that all bids submi tted for the trash enclosure at Nunez Park (Plans and specifications No. 6713) be rejected; further, that the Director of Public Works/City Engineer be author- ized to readvertise this project for bids. . NEW CENTRAL LIBRARY - CHANGE ORDER NO 13 - CONSTRUCTION OF CONCRETE - MAVERIC CONSTRUCTION, INC. In a memorandum dated May 28, 1985, Roger Hardgrave, Director of Public Works/City Engineer, explained the background of Change Order No. 13 to the contract with Maveric Construction, Inc. for construction of concrete for the new Central Library, per Plan No. 6457, and recom- mended that it be approved. (R-3) Counc i 1 Member Ma rk s made a mot i on, seconded by Council Member Quiel and unanimously carried, to approve Change Order No. 13 to the contract with Maveric Construc- tion, Inc., for construction of concrete for the new Cen- tral Library, in accordance with Plan No. 6457, to author- ize payment for various items of work identified by the Council Ad Hoc Committee of March 7, 1985, and for tempor- ary water provided by the contractors, at a net increase in the contract price of $4,296.58, from $695,257.36 to $669,553.94. . RENTAL REHABILITATION PROGRAM STATUS REPORT In a memorandum dated June 7, 1985, Glenda Saul, Executive Director, Redevelopment Agency, presented a staff report on the Rental Rehabilitation Program Status. This program is a new pilot program enacted by the U. S. Housing and Urban Development Department (HUD) for the purpose of providing financial assistance to owners of multi-family housing projects who rent to low and moderate income households. (R-5) Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, to receive and file the Rental Rehabilitation Program Status Report. COUNCIL MEMBERS FRAZIER AND STRICKLER LEFT Council Members Frazier and Strickler left the Council Meeting. RECESS MEETING At 12:10 p.m., Council Member Quiel made a motion, seconded by Council Member Hernandez, that the meeting recess until 2:00 p.m. The Motion carried by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel. Noes: Council Member Estrada. Absent: Council Members Frazier, Strickler. . 10 6/17/85 . SAN BERNARDINO VALLEY MUNICIPAL WATER COMMISSIONERS Mr. William Katona, San Bernardino Valley Municipal Water Commissioner, requested to be heard at this time regarding the problems of high ground water and pending litigation. Council Member Marks changed his recess vote to "No", so that Mr. Katona could be heard at this time, and the motion to recess failed. Senior Assistant City Attorney Briggs explained why this matter should be heard in Closed Session. COUNCIL MEMBER QUIEL LEFT Council Member Quiel left the Council Meeting. RECESS MEETING At 12:15 p.m., Council Member Marks made a motion, seconded by Council Member Hernandez, 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 2:03 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, Frazier, Strickler; Senior Assistant City Attorney Briggs, City Clerk Clark, City Administrator Matzer. Absent: Council Member Quiel. COUNCIL MEMBER QUIEL ARRIVED At 2:10 p.m., Council Member Quiel arrived at the Council Meeting and took his place at the Council Table. . AD HOC COMMITTEE - SURVEY AND PLANNING AREA In a memorandum dated June 7, 1985, Glenda Saul, Executive Director, Redevelopment Agency, explained the formation and purpose of the Ad Hoc Committee which would study a specified area in the northern section of the City to determine if a redevelopment project within said area is feasible. (R-ll) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to ap- prove the appointment of Council Members Marks, Quiel and Strickler to a special ad hoc committee to define bound- aries and name for a new redevelopment project area. RES. 85-204 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS; AND MAKING CERTAIN OTHER FIND- INGS AND DETERMINATIONS IN CONNECTION THEREWITH (GILBERT STREET VILLAS PROJECT). (R-12) . The City Clerk read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived. 11 6/17/85 Senior Assistant City Attorney Briggs answered ques- tions, stating that a density bonus waiver is not included in the resolution. . Planning Director Schuma answered questions relative to the conversion of a senior citizen facility to another use. Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, to adopt said resolution conditioned upon a waiver of density bonus. vote: Marks, None. Resolution No. 85-204 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: COUNCIL MEMBER FRAZIER LEFT Council Member Frazier left the Council Meeting. READING AND WAIVING OF RESOLUTIONS IN ITEM R-14. The City Clerk read the titles of all the resolutions in Item R-14. . Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading be waived on all the resolutions in Item R-14. RES. 85-205 - 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 LOMITA, CALIFORNIA. (R-14) Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. . Resolution No. 85-205 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. RES. 85-206 - 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 MARINA, CALIFORNIA. (R-14) Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-206 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. . RES. 85-207 - 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 FARMERSVILLE, CALIFORNIA. (R-14) 12 6/17 /85 Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. . Resolution No. 85-207 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. RES. 85-208 - 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 SONORA, CALIFORNIA. (R-14) Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-208 was adopted by the following vote: Ayes: Counci 1 Member s Estrada, Rei lly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. . RES. 85-209 - 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 ARROYO GRANDE, CALIFORNIA. (R-14)] Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-209 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. . RES. 85-210 - 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 CORONADO, CALIFORNIA. (R-14) Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-210 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. 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. . RES. 85-211 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH THE REDE- VELOPMENT AGENCY OF THE CITY OF SAN BERNAR- DINO RELATING TO A ONE YEAR EXTENSION OF THE AGREEMENT FOR THE PLANNING DEPARTMENT TO PROVIDE PLANNING SERVICES FOR THE AGENCY AND THE COMMUNITY DEVELOPMENT COMMISSION. (R-17) 13 6/17/85 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. 85-211 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-212 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CHANGING TIMES ENTERPRISES, INC., FOR CONSTRUCTION OF SANITARY SEWERS IN VALLEY TRUCK FARMS AREA. (R-25) The City Clerk read the title of the resolution. . Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. vote: Marks, None. Resolution No. 85-212 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 85-213 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE ITS MULTIFAMILY MORTGAGE REVENUE BONDS; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS; AND MAKING CERTAIN OTHER FIND- INGS AND DETERMINATIONS IN CONNECTION THEREWITH (DEL ROSA GARDENS PROJECT). (R-26) The City Clerk read the title of the resolution. . Senior Assistant City Attorney Briggs proposed that the following paragraph be included in the resolution: "Adoption of this resolution shall not be construed as approval of the plans or concept of the proposed develop- ment, nor as an indication that the Mayor and Common Council will take any particular action toward granting any planning, zoning, or other approval relating to a plan of development. The Mayor and Common Council reserve their rights to evaluate any future administrative proce- dures and appeals based solely on the information avail- able at the time of consideration, including any actions or recommendations by or appeals from the Development Review Committee and the Planning Commission. Nothing herein shall be construed as advance commitment or ap- proval as to any such matter, and the applicant is noti- fied that normal planning processing shall be required, in accordance with the standard procedures of the City of San Bernardino, and that applicant will be required to comply with all applicable laws and ordinances of the city, state and federal government." Robert Brownsberger, applicant, explained the plans to develop a shopping center in the front of the project and asked for clarification of the density bonus issue. . A discussion ensued relative to density bonus provisions. 14 6/17/85 . Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived, and said resolution be adopted, including the paragraph proposed by Senior Assistant City Attorney Briggs, and conditioned upon a waiver of density bonus. vote: Marks, None. Resolution No. 85-213 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: DELMANN HEIGHTS - TRACK/FOOTBALL FIELD - COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING - A report dated June 14, 1985, prepared by City Admin- istrator Matzer, Director of Parks, Recreation and Com- munity Services Ramos, and Recreation Superintendent Kramer was presented in which alternatives to development of a track and football field in the Delmann Heights area were given. Figures were provided and verified by the Director of Public Services Moreno and Director of Public Works/City Engineer Hardgrave. (R-27) . Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that the $75,000 earmarked by this Council be specifically desig- nated to repair the track and field at Delmann Heights Park with construction to be done by City forces. If there are any funds left, the City is to be reimbursed for the in-house forces used on the project. CONVENTION CENTER USE - ENGLISH ENTERPRISES, INC. Senior Assistant City Attorney Briggs stated that Mr. Herman A. English, Jr., and English Enterprises, Inc., had requested the use of the Convention Center for several activities which had already been scheduled. Mr. Briggs explained that he, Mayor Wilcox, City Attorney Prince, Mr. Marshall Julian, and Wayne Overstreet, Superintendent of Public Buildings, had met with Mr. English to prepare a proposed agreement to allow the use of the facility while safeguarding the City's position. . RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE REDE- VELOPMENT AGENCY OF THE CITY OF SAN BERNAR- DINO, ENGLISH ENTERPRISES, INC., AND HERMAN A. ENGLISH, JR., RELATING TO ENGLISH ENTER- PRISES, INC. AND HERMAN A. ENGLISH, JR. HOLDING HARMLESS THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR USE OF THE CONVENTION CENTER. for had A discussion ensued regarding Mr. English's request use of the Convention Center and whether or not work been completed on the facility. Wayne Overstreet, Superintendent of Public Buildings, stated that the facility was completed except for vinyl wall coverings. He further stated that an Alcoholics Anon- ymous anniversary celebration had been scheduled for June 22, 1985. . Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to authorize the Mayor to execute an agreement to permit on a temporary basis the utilization of the Convention Center by Mr. English on June 22, 1985, given the proper protection to 15 6/17/85 . the City, and refer the item of an agreement that has been presented, to the Redevelopment Committee, to report back at the Council Meeting scheduled for June 25, 1985. BINGO OPERATION - SAN MANUEL INDIAN RESERVATION In a memorandum dated June 13, 1985, Council Member Marks requested that the Mayor and Council hold a discus- sion relating to problems and ideas regarding the estab- lishment of a bingo operation on the San Manuel Indian Reservation. (S-lO) Elizabeth Richards, who lives on the corner of pied- mont and Victoria, spoke in opposition to the implementa- tion of a bingo operation on the San Manuel Indian Reser- vation, because of its negative effect on the residential neighborhood. Jerry Herndon spoke against the Bingo operation in a residential neighborhood and suggested that the Legisla- tive Review Committee study the City's local bingo ordi- nance relative to easing some of the restrictions that apply to local charitable bingo operations. . Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to authorize a Council Committee composed of Council Members Estrada, Hernandez and Marks, and the Mayor and staff, to begin exploratory negotiations with representatives of the San Manuel Indian Reservation regarding the possibility of an alternate location for a bingo operation in the City of San Bernardino. Tom Clark, 2669 Avalon, spoke against the proposed bingo operation, and suggested that the development of the hilly land for a parking lot might not prove to be econom- ically feasible. City Attorney Prince requested that the Bureau of Indian Affairs be notified that the City of San Bernardino was not properly notified regarding the use of the land acquired for a parking lot, and in his judgment, there may be problems with the procedures used in connection with the Environmental Impact Report. . Peter Rynkiewicz, who lives in a home nearest the proposed bingo operation parking lot, stated that grading has begun on the property, and one lot has already been landlocked and urged that the City take action as soon as possible in negotiating a solution to this problem, as the bingo operation is scheduled to begin about Labor Day. Doris Daltberg, Cactus Circle, spoke in opposition, questioning what agency would control traffic problems, and would have legal jurisdiction in the area, and citing problems with ingress and egress. City Attorney Prince stated that the Bureau of Indian Affairs proceeded without proper notice to the City of San Bernardino that a bingo operation was to be implemented at the San Manuel Indian Reservation, and that County zoning laws were used in the procedures, rather than City codes, which would have been proper. . Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to author- ize and direct the City Attorney to notify all appropriate agencies regarding the deficiencies of the process that authorized a bingo parlor on the San Manuel Indian Reservation. 16 6/17/85 . Mary Ellen Sanders spoke of potential problems for the area that could be caused by the bingo operation in a residential neighborhood and stated that these residents should have equal protection under the law. Pete Muga, Cactus Circle, whose property is 300 yards from the Indian Reservation, complained about the poten- tial problem of noise, traffic problems and increase of criminal activities. Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that the Legislative Review Committee look at the City Ordinance relative to charitable organization's bingo games to de- termine if any changes are necessary. INTRODUCTION - ANTONIA BACA - STUDENT BODY PRESIDENT - SHANDIN HILLS JUNIOR HIGH SCHOOL Council Member Estrada introduced Antonia Baca, Stu- dent Body President of Shandin Hills Junior High School. . COUNCIL MEMBERS ESTRADA AND MARKS LEFT Council Members Estrada and Marks left the Council Meeting. APPEAL HEARING - PLANNING COMMISSION'S DECISION - DENIAL - CONDITIONAL USE PERMIT NO. 85-20 - MINI- SPACE STORAGE FACILITY - FOOTHILL BLVD. This is the time and place set to hear an appeal filed by Hendrix Engineering & Associates on the Planning Commission's decision of denial of Conditional Use Permit No. 85-20, to permit a 59,210 square foot mini-space stor- age facility in the C-3A Limited General Commercial Zone on 2.53 acres having a frontage of approximately 200 feet on the south side of Foothill Blvd., west of Macy Street. (16) Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the appeal hearing on the Planning Commission's decision of denial on Conditional Use Permit No. 85-20 be continued to Monday, July 15, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . COUNCIL MEMBERS ESTRADA AND MARKS RETURNED Council Members Estrada and Marks returned to the Council Meeting and took their places at the Council Table. COUNCIL MEMBER HERNANDEZ LEFT Council Member Hernandez left the Council Meeting. APPEAL HEARING - PLANNING COMMISSION'S DECISION - TENTATIVE TRACT NOS. 12957 AND 12958 - SOUTH OF KENDALL - EAST OF LITTLE MOUNTAIN DRIVE This is the time and place set to hear an appeal filed by Joy L. Kolstad on the Planning Commission's deci- sion of approval for Tentative Tract Nos. 12957 and 12958, to establish a 118 lot single-family residential subdivi- sion in the R-1-7200 Single-Family Residential Zone on 54.6 acres located approximately 680 feet south of the centerline of Kendall Drive and approximately 3,400 feet east of the centerline of Little Mountain Drive. (17) Mayor wilcox opened the hearing. . Appellant Joy L. Kolstad was not present. 17 6/17/85 . Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be closed, the decision of the Planning Commission be affirmed and the appeal be denied. APPEAL HEARING - PLANNING COMMISSION'S DECISION - TENTATIVE TRACT NOS. 12955 AND 12956 - LITTLE MOUNTAIN DRIVE This is the time and place set to hear an appeal filed by Joy L. Kolstad on the Planning Commission's deci- sion of approval of Tentative Tract Nos. 12955 and 12956, to establish a 48 lot single-family detached planned resi- dential development in the PRD-14U Planned Residential Development Zone at 14 units per acre on property located approximately 4,600 feet east of the centerline of Little Mountain Drive. (18) Mayor Wilcox opened the hearing. Appellant Joy L. Kolstad was not present. . Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be closed, the decision of the Planning Commission be affirmed and the appeal be denied. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. APPEAL HEARING - PLANNING COMMISSION'S DECISION - VARIANCE NO. 85-3 - CUL-DE-SAC LENGTH - NORTHERN TERMINUS - SEPULVEDA AVENUE This is the time and place set to hear an appeal filed by the property owners living adjacent to or near the proposed project to waive San Bernardino Municipal 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 approxi- mately 1,189 feet easterly from the centerline of Sepulveda. (19) Mayor wilcox opened the hearing. . Planning Director Schuma explained the planning Com- mission's recommendation for approval of this project. Mr. Frank Cooney, 5386 N. Leroy Street, an adjoining property owner, spoke in opposition to Variance No. 85-3, citing problems with drainage and fire protection. Mr. Ralph Affaitati, 5398 N. Leroy Street, spoke in opposition to Variance No. 85-3, citing water pressure problems and difficulty of ingress and egress. He stated that implementation of the cul-de-sac would land lock an- other piece of property. Mr. Ed English, 5366 N. Leroy Street, spoke in oppo- sition to the project. Helen Wicklen from Lake Arrowhead, who owns 16 acres east of the proposed project, stated her property will be landlocked and although she has no intention of building, feels that this subdivision would create a problem of access to her property. . Planning Director Schuma answered questions regarding the landlock issue and stated that according to state law, a subdivision map cannot landlock a site. 18 6/17/85 . Herb Wessel, General Manager, Water Department, answered questions regarding the water pressure in the area and stated that additional growth will not cause additional water problems. Gerald Newcombe, Fire Chief, stated that the Fire Department can deal with the low pressure by pumping through fire truck pumps. During the Panorama Fire, there was a problem with volume of water, but not pressure. Keith Kanaga, 5372 Park Lane, spoke regarding the water pressure and stated he can't have more than two sprinklers on at a time. Robert Haberkorn, 178 E. 54th Street, presented his concerns regarding water run-off going down Sepulveda and the length of the cul-de-sac. Ralph Affaitati, 5398 N. Leroy Street, stated that there are 30 to 40 mile-per-hour winds in the area and stressed the need that a green belt be maintained. . Dick Sigland of Sigland & Associates, 366 W. Orange Show Lane, developer of the project, stated that the houses would be phased in one at a time so that the home fits on the property, and grading and mud flow will be minimized. He explained how the water flow will be handled. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the appeal be continued to July 1, 1985, in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, California, for further study and for a report from the planning Director on the landlock issue. . APPEAL HEARING - PLANNING COMMISSION'S DECISION - VARIANCE NO. 85-5 - FOUR-PLEX - MARSHALL BLVD AND DEL ROSA AVENUE This is the time and place set to consider an appeal filed by Rick Lazar and John Littleton on the Planning Commission's decision of denial for Variance No. 85-5, pertaining to variance of San Bernardino Municipal Code Section 19.12.040 from the maximum building height of 20 feet within 75 feet of an R-l, Single-family Residential Zone in order to construct a four-plex apartment building in the R-3-2000 Multiple-Family Residential Zone. The location of this proposed project is at the southwest corner of Marshall Blvd. and Del Rosa Avenue. (20) Planning Director Schuma introduced this item and stated that the property to the north was granted a simi- lar variance. John Littleton, applicant, spoke regarding the devel- opment, stating that it is not suitable for R-l zoning. The zone has been changed from C-3A to R-l and he would like to build a four-plex on the site. He presented a letter from Tom and Rosie Affatati, the property owners to the south who are in favor of the development. A property owner directly to the south of the vacant lot south of the proposed development objected to the four-plex as it would take away her privacy, create noise, increase crime in the area and block her view. . Lou Padilla, 3160 Mary Ann Lane, also objected to the development, and spoke about school impaction and drainage problems. 19 6/17/85 . council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the hearing be closed, that the decision of the Planning Com- mission be reversed, and the appeal be granted, based on the findings of fact as set forth by the applicant and subject to standard conditions that apply, with the excep- tion of permitting a building height of 20 feet within 75 feet of a R-l, Single-Family Residential Zone and with the requirement that windows on the second story with a direct southerly view be placed high enough to prevent residents of the apartment from looking out into the yards of the single family residences below. . 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. This is the time and place set to hear 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 per- mitted the construction of a 216 unit apartment complex on approximately 10.5 acres having a frontage of approximate- ly 780 feet on the north side of Baseline and being lo- cated approximately 1,000 feet west of the centerline of Victoria Avenue. (21) Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal hearing relative to Condition Nos. l.a. and l.b, of Review of Plans No. 85-23 be continued to Monday, July 1, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. DELMANN HEIGHTS IMPROVEMENTS - TRACK AND FOOTBALL FIELD - REPORT FROM CITY ADMINISTRATOR This item was considered as Item R-27 on the Redevel- opment Agency Agenda and action was taken at that time. (See page 15) (22) COUNCIL MEMBER FRAZIER LEFT Council Member Frazier left the Council Meeting. . LEGISLATIVE REVIEW COMMITTEE REPORT - JUNE 6, 1985 Council Member Strickler, Chairman of the Legislative Review Committee, presented the report of the meeting of June 6, 1985 and recommended approval of the following items: (23) RES. 85-214 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 13157 ENTITLED IN PART "RESOLUTION . . . IMPROV- ING THE ENVIRONMENTAL REVIEW PROCEDURES FOR THE CITY OF SAN BERNARDINO. . ." BY AMEND- ING SECTION 7 PARAGRAPH (D) OF EXHIBIT "I" TO EXEMPT FROM ENVIRONMENTAL REVIEW GRADING PERMITS FOR THE EXCAVATION OF LESS THAN 10,000 CUBIC YARDS OF EARTH, FOR GRADING ON LESS THAN FIFTEEN PERCENT SLOPE, OR FOR PROJECTS WHICH ARE SUBJECT TO ENVIRONMENTAL REVIEW, BY DELETING SECTION 7 PARAGRAPH (I) OF EXHIBIT "I" TO PERMIT ENVIRONMENTAL REVIEW OF REVIEW OF PLANS; AND PROVIDING THAT THE ENVIRONMENTAL REVIEW COMMITTEE SHALL NOT CHARGE A FEE FOR A NEGATIVE DEC- LARATION FOR A GRADING PERMIT. (23-A) . The City Clerk read the title of the resolution. 20 6/17/85 . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. vote: Marks, Member Resolution No. 85-214 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, strickler. Noes: None. Absent: Council Frazier. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.90.010 OF THE SAN BER- NARDINO MUNICIPAL CODE TO EXTEND THE AU- THORITY TO SECURITY GUARD PERSONNEL OF THE CENTRAL CITY MALL TO ENFORCE SAN BERNARDINO MUNICIPAL CODE SECTION 10.16.210. FIRST (23-B) The City Clerk read the title of the ordinance. Council Member Quiel 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. . SCHOOL DISTRICT FEES - CURRENT DEVELOPMENTS At the meeting of the Mayor and Common Council of May 20, 1985, a memorandum dated May 13, 1985, from Planning Director Schuma, was presented, in which the concerns of the San Bernardino Unified School District relative to impaction of school facilities were discussed. It was pointed out that there was a need to levy developer fees to alleviate the impaction. The matter of the establish- ment of an interim school facilities financing ordinance was referred to the Legislative Review Committee. (23-C) The Legislative Review Committee considered the mat- ter of school impaction fees at the meeting of June 6, 1985, and recommended the preparation of an agreement by the City Attorney in coordination with the Planning Direc- tor and Mr. Frank Ayala of the San Bernardino Unified School District similar to that which has been established between the San Bernardino Unified School District and other cities. . In a memorandum dated June 7, 1985, Deputy City Ad- ministrator Schweitzer presented a report relative to the current developments pending that are affected by school fees. He stated that there are 53 to 94 developers await- ing building permits and/or sewer capacity rights repre- senting at least 443 single family units and 2,223 apart- ments. He recommended that any project of 12 units and below be the "cut-off" point and be granted a 60 day mora- torium before being charged the school impaction fee. Mr. Frank Ayala, San Bernardino City Unified School District representative, answered questions of the Council regarding the fees of $1,827 for single family dwellings and $1,663 for multi-family dwellings. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. . The Council discussed the fees and the need for the School District to justify the fee based on expected growth and need for additional classroom space. 21 6/17/85 . City Attorney Prince recommended that the Council enter into a resolution or an agreement with the School District and indicate that this fee may not be specifi- cally applicable to charter cities. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, to direct the City Attorney to prepare a resolution on school impac- tion fees for adoption by the Council on July 1, 1985, and also direct staff: City Administrator and Planning, and request the school district, to prepare an evaluation report on estimated revenue and costs for at least five to ten years, based on the amounts, so the City can analyze what the fees are providing for and what the needs are. COUNCIL MEMBER QUIEL LEFT Council Member Quiel left the Council Meeting. LEGISLATIVE REVIEW COMMITTEE REPORT - JUNE 6, 1985 Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the report of the Legislative Review Committee for June 6, 1985, be received and filed. (23) . COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. SAN BERNARDINO VALLEY MUNICIPAL BOARD OF WATER COMMISSIONS' REQUEST TO BE HEARD William Katona and the Board of Water Commissioners of the San Bernardino Valley Municipal Water District were present and requested to be heard relative to the problems of high ground water and pending litigation. The Council agreed that the item will be heard at the meeting of the Mayor and Common Council to be held on WedneSday, June 19, 1985 at 9:00 a.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . COMMITTEE APPOINTMENTS In a memorandum dated June 5, 1985, Council Member Strickler stated that Council Member Hernandez had submit- ted his resignation from all Council committee assignments and presented the following recommendations for Council Committee appointments: Personnel Committee: Council Member Marks; Transportation Committee: Council Member Estrada; Solid Waste Committee: Council Member Estrada; "E" Street/City Revitalization Committee: Council Member Quiel; Housing Committee/Low/Moderate Income: Council Members Estrada and Council Member Strickler. (24) Council Member Strickler made a motion, seconded by Council Member Reilly, that the following Council commit- tee appointments be approved: Personnel Committee: Coun- cil Member Marks; Transportation Committee: Council Mem- ber Estrada; Solid Waste Committee: Council Member Estrada; "E" Street/City Revitalization Committee: Council Member Estrada; Housing Committee/Low/Moderate Income: Council Members Estrada and Strickler. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. . 40TH STREET AND ELECTRIC AVENUE - REALIGNMENT - AUTHORIZATION TO AWARD CONTRACT - APPRAISAL SERVICE ROBERT B. BROADBELT, M.A.I. In a memorandum dated May 29, 1985, Roger Hardgrave, Director of Public Works/City Engineer, reported that 22 6/17/85 . three informal proposals for appraisal services for the realignment project at 40th Street at Electric Avenue were received by the Mayor and Council on April 1, 1985, and recommended that Mr. Robert B. Broadbelt be awarded the contract. (25) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the purchasing Agent be authorized to issue a purchase order to Robert B. Broadbelt, M.A.I., for appraisal services in connection with the acquisition of additional right-of-way for realigning 40th Street from Electric Avenue to Mt. View Avenue, for a fee of $3,000. AL GUHIN PARK - PHASE I - IMPROVEMENTS - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated May 29, 1985, Roger Hardgrave, Director of Public Works/City Engineer, explained that phase I of the improvements to Al Guhin Park is ready to be advertised for bids. The estimated total project cost is $178,000. (26) . Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the plans for Phase I of the improvement of Al Guhin Park, in accordance with Plan No. 6626, be approved; and the Direc- tor of Public Works/City Engineer be authorized to adver- tise for bids. STREET VACATION - BELLEVIEW STREET - WEST OF MT. VERNON AVENUE In a memorandum dated May 13, 1985, Roger Hardgrave, Director of Public Works/City Engineer, stated that the Public Works Department had received a request from Berzco Steel Company to vacate a portion of Belleview Street, west of Mt. Vernon Avenue and explained the procedures to be accomplished. (27) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the Mayor and City Council authorize the City Clerk and City Engineer to proceed with the vacation of that portion of Belleview Street, west of Mt. Vernon Avenue. . CROSSTOWN FREEWAY AND 1-215 INTERCHANGE PROJECT - PROPOSED GRADE SEPARATION CHANGES In a memorandum dated May 28, 1985, Roger Hardgrave, Director of Public Works/City Engineer, explained that the California Department of Transportation (Caltrans) has decided to proceed with the proposed Route 30 and Route 215 Interchange project to extend the Crosstown Freeway westbound to Highland Avenue from its current end at "H" Street. To proceed with this project, Caltrans requires a motion adopted by the Mayor and Common Council concurring with this decision. (28) It was pointed out that certain changes had been agreed upon between the City and Caltrans and that the motion should reflect the changes. Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that the City Attorney be instructed to prepare a resolution to concur with grade separation changes relative to the pro- posed Crosstown Freeway and 1-215 interchange project for adoption on Wednesday, June 19, 1985. . 23 6/17/85 . MINOR STREET WIDENING AT FIVE LOCATIONS - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE - PLAN NO. 6749 In a memorandum dated June 5, 1985, Roger Hardgrave, Director of Public Works/City Engineer, reported that plans for minor street widening at five locations have been prepared and the project is ready to be advertised for bids. The following streets are those included in these plans: Arrowhead Avenue, south of Highland Avenue; southeast corner of Arrowhead and 7th Street; northwest corner of Mt. View and 5th Street, southeast corner of "D" Street and 11th Street; and 1348 N. Sierra way, at a total estimated cost of $70,000. (29) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the plans for minor street widening at five locations, in accordance with Plan No. 6749, be approved; and the Direc- tor of Public Works/City Engineer be authorized to adver- tise for bids. . BLAIR PARK - INSTALLATION OF IRRIGATION SYSTEM AND HYDROSEEDING - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated June 6, 1985, Roger Hardgrave, Director of Public Works/City Engineer, stated that plans for installation of improvements at Blair Park have been prepared in conjunction with the Parks Division and the project is ready to be advertised for bids, at a total estimated project cost of $154,000. (30) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the plans for installation of irrigation system and hydroseed- ing for Blair Park, in accordance with Plan No. 6734, be approved, and the Director of Public Works/City Engineer be authorized to advertise for bids. . BUSINESS LICENSE PILOT PROGRAM In a memorandum dated June 5, 1985, Shauna Clark, City Clerk, gave the history of the pilot project to iden- tify and license any unlicensed businesses currently oper- ating in the City and requested the account balance of $4,460 be carried over to the fiscal year 85-86 budget to allow the pilot program to continue until September 13, 1985. It is anticipated that this extension will result in a total revenue of $70,000. (31) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the account balance in the approximate amount of $4,460, Ac- count No. 01-123-252 (Professional and Contractual Ser- vices) be carried over into the Fiscal Year 1985-86 Budget for the purpose of extending the Business License pilot Program until September 13, 1985. PERRIS HILL PARK AND WILDWOOD PARK - SALE OF CHRISTMAS TREES - YMCA In a letter dated May 10, 1985, Tony Mino, Associate Executive Director of the San Bernardino YMCA, requested the use of the Perris Hill and wildwood Parks parking lots for the sale of Christmas trees from November 9, 1985 to January 6, 1986. (33) . Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the request by the YMCA to use perris Hill and Wildwood Parks parking lots for the sale of Christmas trees be referred to the Parks & Recreation Commission for a recommendation to the Counc i 1 . 24 6/17/85 . VISIT TO HISPANIC PUBLIC LIBRARY CENTERS - REPRESENTATIVES OF VILLASENOR LIBRARY In a memorandum dated June 6, 1985, Larry B. Harvey, President, Library Board of Trustees, reported on recom- mendations that were received by the Library Board of Trustees from the Mayor's Office relative to the library services provided the Hispanic Community through the Paul Villasenor Library and requested authorization to provide for the visits of local representatives to Hispanic public library centers. (34) Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that the request for authorization for representatives of the Vil- lasenor Library to visit Hispanic public library centers be referred to the Ways and Means Committee for a report to the Counc i 1. . CORRESPONDENCE FROM REVEREND HARDY JOHNSON - SPIRIT DEVELOPMENT CORPORATION - SHOPPING CENTER AND 128 UNIT APARTMENT COMPLEX - BASELINE AND MUSCOTT In a letter dated June 5, 1985, Rev. Hardy Johnson, President, Spirit Development Corporation, explained the plans for a proposed development of a commercial shopping center and a 128 unit apartment complex at Baseline and Muscott Avenue in the Northwest Redevelopment Area. He stated that all requirements have been fulfilled with the exception of the zone change. (35) Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that the correspondence from Rev. Hardy Johnson relative to a pro- posed commercial shopping center and a 128 unit apartment complex at Baseline and Muscott Avenue, be received and f i1 ed . APPEAL - DENIAL OF CLAIM - DOYLE L. ROOKS In an undated letter, Doyle L. Rooks, 1511 W. Windsor St., San Bernardino, California, requested the the deci- sion of denial of his claim be overturned and that he be granted full payment. (36) . Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that the appeal by Doyle L. Rooks regarding denial of his claim be continued to Monday, July 1, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBERS HERNANDEZ AND STRICKLER LEFT Council Members Hernandez and Strickler left the Council Meeting. READING AND WAIVING OF RESOLUTIONS The City Clerk read the titles of all the resolutions on the Agenda. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that further reading of all the resolutions on the Agenda be waived. COUNCIL MEMBERS HERNANDEZ AND STRICKLER RETURNED Council Members Hernandez and Strickler returned to the Council Meeting and took their places at the Council Table. . RES. 85-215 - RESOLUTION OF THE CITY BERNARDINO SUPPORTING THE PASSAGE OF BLY BILL 1868 (AIR RESOURCES MEMBERSHIP). OF SAN ASSEM- BOARD (37) 25 6/17/85 Counc i 1 Member Qu i e 1 made a mot i on, seconded by Council Member Marks, that said resolution be adopted. . Resolution No. 85-215 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-216 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED IN PART "A RESOLUTION . . . PRO- HIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF "; TO AUTHORIZE A NO PARKING ZONE IN THE 1200 BLOCK OF UNION STREET. (38) Council Member Quiel made a motion, seconded by Council Member Marks, that said resolution be adopted. vote: Marks, None. Resolution No. 85-216 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: . RES. 85-217 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1985-86 ASSESS- MENT ROLL FOR ASSESSMENT DISTRICT NO. 951, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, WAGONWHEEL ROAD AREA. (40) Council Member Quiel made a motion, seconded by Council Member Marks, that said resolution be adopted. vote: Marks, None. Resolution No. 85-217 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 85-218 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1985-86 ASSESS- MENT ROLL FOR ASSESSMENT DISTRICT NO. 952, LANDSCAPING CONSTRUCTION AND MAINTENANCE, STATE COLLEGE PARKWAY (UNIVERSITY PARKWAY) AREA. (41) . Council Member Quiel made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 85-218 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING A QUITCLAIM DEED TO COLLEGE PARK- WAY DEVELOPMENT ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP FOR PROPERTY LOCATED SOUTHEASTERLY OF UNIVERSITY PARKWAY AT THE BARSTOW FREEWAY. (39) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the item be continued to Monday, July 1, 1985, in the Council Chambers, 300 North "D" Street, San Bernardino, California. . 26 6/17/85 . RES. 85-219 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1985-86 ASSESS- MENT ROLL FOR ASSESSMENT DISTRICT NO. 953, LANDSCAPING MAINTENANCE, SIXTEENTH STREET BETWEEN MUSCOTT STREET AND CALIFORNIA STREET. (42) Council Member Quiel made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 85-219 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes. None. Absent: None. RES. 85-220 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENTS FOR GRANT ALLOCATIONS FOR FISCAL YEAR 1984-85 WITH SAN BERNARDINO GRAND OPERA COMPANY AND METROPOLITAN OPERA/WEST- ERN REGIONAL AUDITIONS. (44) . Council Member Quiel made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 85-220 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-221 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 11831 ENTITLED IN PART "A RESOLUTION. . . PRO- VIDING FOR THE APPOINTMENTS OF A MAYOR PRO TEMPORE. . "; AND ESTABLISHING SUCH AP- POINTMENTS FOR THE 1985-86 FISCAL YEAR. (45) Council Member Quiel made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 85-221 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. . MAYOR WILCOX LEFT At 6:37 p.m., Mayor Wilcox left the Council Meeting and Council Member Hernandez assumed the duties of Mayor Pro>Tempore. RES. 85-222 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO E. L. YEAGER CONSTRUCTION COMPANY, INC. FOR CON- STRUCTION OF BOX CULVERT AT FORTIETH STREET AND DEVIL CREEK CHANNEL. (43) The City Administrator answered questions regarding the source of funds for this project. Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-222 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Fraz ier, Str ickIer. Noes: None. Absent: None. . MAYOR WILCOX RETURNED At 6:40 p.m., Mayor wilcox returned to the Council Meeting and took her place at the Council Table. 27 6/17/85 . RES. 85-223 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING PLAN REVIEW FEES AND PERMIT FEES FOR ON-SITE IMPROVEMENT PLANS EFFECTIVE JUNE 20, 1985. (46) Counc i 1 Membe r Qui e 1 made a mot i on, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-223 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-224 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH THE FOUN- DATION FOR CALIFORNIA STATE UNIVERSITY (FORMERLY REFERRED TO AS MUSIC FOR WHISTLE, PIPES AND FLUTES) TO CORRECTLY STATE THE NAME OF THE ORGANIZATION. (47) Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. . Resolution No. 85-224 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-225 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO AGREEMENT WITH THE COUNTY OF SAN BERNARDINO ACTING AS THE AREA AGENCY ON AGING, DECREASING THE AMENDMENT CONTRACT BY $20,118 TO $203,065, THE LEVEL OF FUNDING WHICH IS APPROPRIATE FOR CON- TINUED OPERATION OF THE CITY'S CONGREGATE NUTRITION SITES. (48) Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-225 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. . RES. 85-226 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413 ENTITL- ED IN PART "RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN. ." PROVIDING FOR THE AMENDMENT OF RESOLUTION SECTIONS AND SUBSECTIONS; AND CHANGING THE HOURLY RATE FROM $3.10 TO $3.35 FOR THE PART-TIME CLASSES OF LOCKER ATTENDANT, SENIOR SER- VICES AIDE, AND CROSSING GUARD, EFFECTIVE JUNE 10, 1985, TO CONFORM TO THE FEDERAL MINIMUM WAGE. (49) Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-226 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. . 28 6/17/85 RES. 85-227 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITIES OF CHINO, COLTON, FONTANA, GRAND TERRACE, LOMA LINDA, MONTCLAIR, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO AND UPLAND, CREATING A COUNTYWIDE TRANSPOR- TATION AUTHORITY TO BE KNOWN AS "OMNITRANS" WHICH CHANGES THE CALCULATIONS OF WEIGHTED VOTE ENTITLEMENTS OF MEMBER AGENCIES. (51) . Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-227 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. GENERAL REPORTS AND CORRESPONDENCE Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the following items be filed: (52) . a. Civil Service Eligibility Lists for: Law Enforcement Trainee - Open and Promotional Dispatcher - Open and Promotional Vista Volunteer - Open and Promotional Personnel Clerk I - Open and Promotional Intermediate Steno Clerk - Open and Promotional b. An application by No-Dui Club of America, Inc. for authority to operate a stage corporation. c. An application of General Telephone Company for authority to increase certain intrastate rates and charges for telephone service. d. Application of Southern California Edison Company to include Palo Verde Nuclear Generating Station Unit No.1 as a Specified Major Addition. . e. Six alcoholic beverage control applications for the following new and transferred licenses: NEW Deborah A. Champlain dba R & R Wayside Tavern Circle K. Conven- ience Store, Inc., dba Circle K Food Store Charles Choong-Ryal Lee & Ellen Kyung TRANSFERRED Jawad S. & Yaser S. Abdeljawad, dba Stop-N-Save . Ahmad M. Alkaddomi, dba Circle K Food Store 29 2793 Foothill Blvd. On Sale Beer 2646 Miramonte Drive Off Sale Beer & wine 818 N. Mt. Vernon Ave. Off Sale Beer & Wine 799 N. "H" Street Off Sale Beer & Wine 2505 S. Water- man Avenue Off Sale Beer & Wine 6/17/85 Nicholas Koluncich dba P. J. Liquors 525 West Marshall Blvd. Off Sale General . RESOLUTION OF THE CITY OF SAN BERNARDINO URGING CONGRESS TO EXEMPT STATE AND LOCAL EMPLOYEES FROM THE FAIR LABOR STANDARDS ACT (FLSA) . (50) The City Administrator answered questions of the Council, stating that the Fair Labor Standards Act could cost the City $400,000 in overtime. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the resolution relative to the Fair Labor Standards Act be continued to Monday, July 1, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . STREET RESURFACING - FUNDING In a memorandum dated June 11, 1985, Manuel P. Mor- eno, Jr., Director, Public Services, stated that on June 10, 1985, the Mayor and Common Council had tentatively approved funding of $1,100,000 for resurfacing residential streets and major arteries and set forth recommendations for allocations. (S-l) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that upon final budget adoption, total funding of $1,100,000 for street resurfacing be designated; that upon final budget adoption, seven work orders each in the amount of $115,000 for each ward be issued and encumbered in the Public Ser- vices budget; that upon final budget adoption, $195,000 be allocated to the Public Services budget for resurfacing and/or reconstruction of major arteries. Council Member Strickler made a motion, seconded by Council Member Marks, that Community Development Block Grant Funds in the amount of $100,000 be designated for resurfacing and/or reconstruction of major arteries. . The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. COUNCIL MEMBER FRAZIER LEFT Council Member Frazier left the Council Meeting. . MILL CENTER RECREATION FACILITY CONSTRUCTION - APPROVAL AND ACCEPTANCE OF WORK - RON ROBERTS CONSTRUCTION In a memorandum dated June 5, 1985, Roger Hardgrave, Director of Public Works/City Engineer, explained the background of the construction to the Mill Center Recrea- tion Facility by Ron Roberts Construction. He stated that acceptance of this project had been deferred due to damage by vandals to the exterior wall repaired. Also, a dispute had arisen as to who would pay the cost for the addition- al materials. The Contractor agreed to pay 50% of the cost, but the Architect was unwilling to finance the other half. Both parties agreed to submit to non-binding arbi- tration. The decision of the arbitrator was that both were equally at fault and should each pay one-half of the cost for necessary repairs. The Contractor agreed to abide by this decision, but the Architect declined. (S-2) 30 6/17/85 . Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, to direct the City Attorney to send a demand letter to Bonadiman and Associates indicating that if the City does not receive any response from him regarding the Mill Center Project within two weeks, the City will institute court action for the costs due the City; and that a copy of the letter to Mr. Bonadiman be furnished to the Mayor and Council by the City Attorney. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the work performed by the Contractor, in accordance with Spec- ification No. 6221, be approved and accepted; that final payment be authorized at the expiration of the lien peri- od, and that the report on costs incurred be accepted and filed. . EXPANSION OF COMMON COUNCIL OFFICE AREA In a memorandum dated June 12, 1985, Roger Hardgrave, Director of Public Works/City Engineer, reported on the plans for the expansion of the Common Council Office area prepared by Roger L. Grulke, Architect and Associates, and stated that the project is ready to be advertised for bids, at a total estimated cost of $81,000. (S-3) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the plans for the expansion of the Common Council office area, in accordance with Plan No. 6758, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. READING AND WAIVING OF RESOLUTIONS AND ORDINANCE ON SUPPLEMENTAL AGENDA The City Clerk read the titles of all the resolutions and the ordinance on the Supplemental Agenda. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that further reading of all the resolutions on the Supplemental Agenda be waived. . RES. 85-228 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED IN PART "A RESOLUTION . . . PRO- HIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF. . n; AND AMENDING THE NO PARKING LIMITATIONS ON CERTAIN DESIGNATED STREETS FOR STREET SWEEPING PURPOSES TO COVER THE PERIOD FROM 7:00 A.M. TO 9:00 A.M. (S-4) Council Member Quiel made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No 85-228 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. . RES. 85-229 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ARNOLD M. STEIN, M.D. FOR A PERIOD OF TIME NOT TO EXCEED 90 DAYS RELAT- ING TO PHYSICAL EXAMINATIONS. (S-5) Council Member Quiel made a motion, seconded by Council Member Marks, that said resolution be adopted. 31 6/17/85 . Resolution No. 85-229 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. RES. 85-230 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED IN PART "A RESOLUTION. . . PRO- HIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF. . ."; ESTAB- LISHING A NO PARKING AND TOW-AWAY ZONE FOR VEHICLES EXCEEDING A MAXIMUM GROSS WEIGHT LIMIT OF TEN THOUSAND POUNDS IN THE COMMER- CENTER BUS I NESS COMPLEX, AND RE PEALI NG SECTION FOUR RELATING TO PENALTY PROVISIONS. (S-6) Council Member Quiel made a motion, seconded by Council Member Marks, that said resolution be adopted. . vote: Marks, Member Resolution No. 85-230 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Council Frazier. RES. 85-231 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO SUPPORTING SENATE BILL NO. 969 RELAT- ING TO PUBLIC LIABILITY FOR PUNITIVE DAMAGES. (S-8) Council Member Quiel made a motion, seconded by Council Member Marks, that said resolution be adopted. vote: Marks, Member Resolution No. 85-231 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Council Frazier. . ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SECTION 10.24.190 SUBSECTION B OF THE SAN BERNARDINO MUNICIPAL CODE TO IN- CREASE THE GROSS WEIGHT LIMIT PROHIBITION FROM SIX THOUSAND POUNDS TO TEN THOUSAND POUNDS ON CERTAIN STREETS, AND TO PROHIBIT VEHICLES EXCEEDING TEN THOUSAND POUNDS ON FOUR ADDITIONAL STREETS. (S-7) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that said ordinance be laid over for final passage. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. WE TIP MEMBERSHIP RENEWAL In a memorandum dated June 13, 1985, Council Member Marks presented a letter dated May 22, 1985 from Peter Graves, National We Tip Honorary Chairman, requesting continued support from the City of San Bernardino in the National We Tip Program. Based on the City's population, the membership renewal is $5,160.68. (S-9) . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the City's membership in We Tip be renewed. 32 6/17/85 . FARMERS' MARKET - INLAND CENTER MALL PARKING LOT In a memorandum dated June 17, 1985, Mayor Wilcox presented a request from the manager of the Inland Center Mall to relocate the Inland Certified Farmer's Market from Arrowhead Bowling Lanes parking lot to the parking lot at Inland Center Mall, beginning July 18, 1985. Mrs. Wilcox also set forth in the memorandum the provisions which would govern the operation of the farmers' market. Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the Council authorize the Planning Department to issue a tem- porary permit for a Certified Farmers Market to be located on the Inland Center Mall parking lot on Inland Center Drive, and that said permit be issued subject to a 90-day review. SUPER RUN II - MILLION DOLLAR MILE In a memorandum dated June 13, 1985, Council Member Quiel presented a letter dated June 10, 1985, from Mr. Chuck Foster of Network Enterprises, Inc. setting forth a proposal to stage an event called Super Run II. . Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, to direct the Economic Development Council (EDC) to review the pro- posal to identify the merits and report back to the Common Council on July 1, 1985. ADJOURNMENT - AGENDA - JULY 1, 1985 It was pointed out that at the regularly scheduled Council meeting of July 1, 1985, the Mayor and Common Council will be attending a ground breaking ceremony from 10:30 to 11:30 a.m., and this should be kept in mind when the July 1 Agenda is being prepared. BUDGET HEARING The Mayor and Council agreed that the next City bud- get hearing would be held at 9:00 a.m., Tuesday, June 25, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . APPEAL HEARING - PLANNING COMMISSION'S DECISION - PARCEL MAP NO. 9166 - HIGHLAND HILLS PROPERTIES - HIGHLAND AVENUE AND ORCHARD ROAD - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to from earlier in the meeting to hear the appeal filed by William G. Smith, Highland Hills Properties, on the Planning Commis- sion's decision of approval for Parcel Map No. 9166, that areas designated as "C", "N" and "0" be constructed as the first phase of development on property located at the northwest corner of Highland Avenue and Orchard Road, having a frontage of approximately 1,749 feet on the north side of Highland Avenue and a frontage of 1,048.7 feet on the west side of Orchard Road. (See page 7) (15) Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried that the appeal hearing relative to the Planning Commission's deci- sion of approval for Parcel Map No. 9166 be continued to wednesday, June 19,1985 at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. . 33 6/17/85 . ADJOURNMENT At 7:15 p.m., Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously car~ ried, that the meeting be adjourned to Wednesday, June 19, 1985, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ~/'!?J?/~h!/ ./ City Clerk . . . 34 6/17/85