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HomeMy WebLinkAbout05-19-1986 Minutes City of San Bernardino, California May 19, 1986 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Strickler at 9:04 a.m., on Monday, May 19, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Brandi Rigsby, a student from Cajon High School. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Franklyn Baker, a student at San Gorgonio High School. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Pro Tempore Strickler; Council Members Estrada, Hernandez, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Members Reilly, Marks. STUDENT GOVERNMENT WEEK Students from various community elementary and high schools were identified as being in the audience and were welcomed to view local government in action. PROCLAMATION - TRAFFIC SAFETY WEEK - MAY 18 - 24, 1986 Richard Bennecke, Administrative Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, proclaiming the week of May 18 - 24, 1986, as Traffic Safety Week. Frank Ayala, Chairman of the Mayor's Traffic Safety Committee, was present to accept the proclamation. APPOINTMENT - GLEN LIGHTFOOT - HIGHLAND CITIZEN ADVISORY COMMITTEE In a memorandum dated May 19, 1986, Council Member Marks requested the appointment of Glen Lightfoot, 1350 South "E" Street, San Bernardino, CA 92408, to the High- land Citizen Advisory Committee to replace Richard Granowitz, who has resigned to accept a position on the Animal Advisory Committee. Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that the appointment of Glen Lightfoot to the Highland Citizen Advisory Committee be approved. COUNCIL MEMBER MARKS ARRIVED At 9:10 a.m., Council Member Marks arrived at the Council Meeting and took his place at the Council Table. MEETING BETWEEN THE MAYOR AND COUNTY OFFICIALS - HILTON HOTEL - MAY 13, 1986 Council Member Estrada expressed concern that a meeting between Mayor Wilcox and County representatives had been held on May 13, 1986, at the Hilton Hotel, con- cerning such matters as the expansion of Interstate 215, joint powers agreements and Indian Bingo without notifi- cation or invitation to Council Members of the City. APPOINTMENT - ROBERT J. NEVES - DEVELOPMENT REVIEW COMMITTEE In a memorandum dated May 14, 1986, Mayor wilcox requested the appointment of Robert J. Neves, 3771 N. Aspen Drive, San Bernardino, California 92404, to the Development Review Committee. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the appointment of Robert J. Neves to the Development Review Committee be approved. CONSIDERATION OF SUPPLEMENTAL AGENDA ITEM OUT OF ORDER Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that Sup- plemental Agenda Item S-l be considered out of numerical order. SUBMISSION OF RFP TO COUNTY OFFICE ON AGING - SENIOR NUTRITION PROGRAM - 1986/87 In a memorandum dated May 14, 1986, Council Member Marks, Chairman of the Ways and Means Committee, provided a background comparison report between the City's Senior Nutrition Program last year and a recommended proposal for 1986/87. (S-l) Discussion was held concerning the five sites ser- viced under last year's program and the four additional proposed sites. Counci 1 Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the City Parks, Recreation and Community Service Department be authorized and directed to submit an RFP to the County Office on Aging for the Senior Nutrition Program for 1986/87, incorporating the program scenario as submitted by the Ways and Means Commi ttee. (See Page 4) APPROVE MINUTES - APRIL 18, 1986 Council Member Frazier made a motion, seconded by Council Member Quiel, that the minutes of the Mayor and Common Council of the City of San Bernardino held on the 18th day of April, 1986, be approved as submitted type- written form. (1) Council Member Strickler abstained from this item due to his absence from the meeting of April 18, 1986. The motion carried by the following vote: Council Members Estrada, Hernandez, Marks, Quiel, Absent: Council Member Reilly. Abstained: Member Strickler. Ayes: Frazier. Council APPROVE MINUTES - APRIL 28, 1986 Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 28th day of April, 1986, be approved as submitted in typewritten form.(2) STATE PROPOSITION NO. TORT DAMAGE LIABILITY 1986 In a Director requested in support 51 - MULTIPLE DEFENDANTS - STATE BALLOT - JUNE 3, memorandum dated May 9, 1986, of Emergency Services & Risk that the Mayor and Common Council of State proposition No. 51. Ron Solheim, Management, go on record (4 ) 2 5/19/86 Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that the Honorable Mayor and Members of the Common Council go on public record in support of State Proposition No. 51, that it be recommended that all registered voters vote "Yes" in the June 3, 1986, election. LANDSCAPE MAINTENANCE DISTRICT - PINE AND BELMONT AVENUES - AUTHORIZATION TO PROCEED In a memorandum dated May 7, 1986, Roger Hardgrave, Director of Public Works/Engineering, stated his office had received a petition requesting the formation of an assessment district for maintenance of landscaping along portions of Walnut, Belmont and pine Avenues, which border on Tentative Tract Nos. 11843, 11844 and 11845. (6) Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that the City Engineer and City Clerk be authorized to initiate proceedings for the establishment of an assessment dis- trict under the provisions of Chapter 12.90 of the San Bernardino Municipal Code and that the City Engineer be directed to prepare an Engineer's Report for the proposed maintenance of landscaping in portions of Walnut Avenue, Belmont Avenue and pine Avenue in the City of San Bernar- dino. LANDSCAPE MAINTENANCE DISTRICT - MILL STREET AND PEPPER AVENUE - AUTHORIZATION TO PROCEED In a memorandum dated May 7, 1986, Roger Hardgrave, Director of Public works/Engineering, stated that his office had received a petition requesting the formation of an assessment district for the maintenance of landscaping around the exterior boundaries of Tentative Tract No. 12313 located south of Mill Street, between Eucalyptus and Pepper Avenues. (7) Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that the City Engineer and City Clerk be authorized to initiate proceedings for the establishment of an assessment dis- trict under the provisions of Chapter 12.90 of the San Bernardino Municipal Code and that the City Engineer be directed to prepare an Engineer's Report for the proposed maintenance of landscaping in portions of the east side of Eucalyptus Avenue, the south side of Mill Street and the west side of Pepper Avenue in the City of San Bernardino. SECCOMBE LAKE STATE URBAN RECREATION AREA - PHASE IA COMPLETION - APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated May 7, 1986, Roger Hardgrave, Director of Public Works/Engineering, stated that plans and specifications for the completion of Phase IA of the Seccombe Lake State Urban Recreation Area have been pre- pared and that the project is ready to be advertised for bids. (8) Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that the plans for completion of Phase IA, Zone B, in accordance with Plan No. 6878, be approved and the Director of Public works/City Engineer be authorized to advertise for bids. 3 5/19/86 APPOINTMENT - INLAND LIBRARY SYSTEM LAY ADVISORY BOARD - KATHLEEN GROSSMAN - WALLACE STOEBE, ALTERNATE In a memorandum dated May 2, 1986, Steve Whitney, City Librarian, requested the appointment of Kathleen Grossman, Secretary of the Board of Trustees of the San Bernardino Public Library, for a two-year term as the City's representative to the Inland Library System Lay Advisory Board and that Wallace Stoebe, President of the Friends of the Library, be appointed as her regular alternate in the event her schedule should prohibit her attendance from time to time. (9) Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that Mrs. Kathleen Grossman be appointed as the City of San Bernar- dino's representative to the Inland Library System Lay Advisory Board per the recommendation of the Library Board of Trustees, and that Mr. Wallace Stoebe be appointed as an alternate. EMERGENCY UTILITY FUNDS - PUBLIC LAW 98-396 - WESTSIDE DROP-IN CENTER In a memorandum dated May 9, 1986, Annie Ramos, Director of Parks, Recreation & Community Services, stated that the local FEMA Board, which delegates grants of monies provided under Public Law 98-396 to communities through local boards, has selected the Westside Drop-In Center as one of the sites within the City to assist with distribution of funds between January, 1986, and July 31, 1986. (10) Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that the application for and the administration of $7,500 of emer- gency utility funds from Public Law 98-396 through the Westside Drop-In Center of the Parks, Recreation and Community Services Department be approved. CLAIMS AND PAYROLL Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, to approve demands against the City and authorize the issuance of warrants as follows: (12) 1. Approve the register of demands dated: April 29, 1986 May 6, 1986 85/86 85/86 #40 #41 $999,029.61 $373,517.47 2. Approve the total gross payroll for the period April 14, 1986, through April 27, 1986, in the amount of $1,220,065.85. APPROVE MINUTES - MAY 5, 1986 Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on May 5, 1986, be ap- proved as amended by interde1ineation on page 19, the third paragraph, fourth sentence, to read, "The issue is whether or not to require developers or contractors to pay prevailing wages on redevelopment projects or City Public Works projects not mandated by State or Federal law." (3) 4 5/19/86 SUBMISSION OF RFP TO COUNTY OFFICE ON AGING - SENIOR NUTRITION PROGRAM 1986/87 Joanne Wyman, on behalf of the senior citizens, thanked the Mayor and Common Council for recognizing the value of the Senior Nutr i tion Program and commended Council Member Marks for a fabulous, well done job. (See Page 2) (S-l) TRAFFIC CONTROL DEVICE INVENTORY STUDY - CALIFORNIA STATE OFFICE OF TRAFFIC SAFETY - APPROVAL OF GENERAL CONCEPT In a memorandum dated May 7, 1986, Roger Hardgrave, Director of Public Works/Engineering, stated that in res- ponse to a Traffic Safety Program sponsored and funded through the California State Office of Traffic Safety, a memorandum proposal had been prepared by the Engineering Division to establish a Traffic Control Device Inventory Program in the City to reduce the accident rate and the City's liability in tort claims. (5) Council Member Marks made a motion, seconded by Council Member Quie1 and unanimously carried, that the general concept of the Memorandum proposal to conduct a Traffic Control Device Inventory project, funded through the California State Office of Traffic Safety, be approved as presented and that authorization be granted to proceed; final contract approval to be obtained from Common Counc i 1. DINE AND DANCE/LIVE ENTERTAINMENT APPLICATION - ROBERT MARQUIS DBA GUADALAHARRY'S - 280 E. HOSPITALITY LANE In a memorandum dated January 14, 1986, Donald Bur- nett, Chief of Police, approved the Dine and Dance/Live Entertainment application of Robert Marquis dba Guadala- harry's, 280 E. Hospitality Lane, San Bernardino, Cali- fornia 92408. (11) Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that the application filed by Robert Marquis dba Guadalaharry's for Dine and Dance/Live Entertainment at 280 E. Hospitality Lane be approved, and subject to review in six months. PERSONNEL ACTIONS Council Member Quiel made a motion, seconded by Council Member Hernandez 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. (13) Discussion was held concerning the Hiring Freeze which is currently in effect. APPOINTMENTS Police Department Dispatcher I - Effective May 20, 1986 - Cynthia Kay Guthmiller Russell Wayne Smith Kimberly Sue Moyer Jeffry Stoddard Police Officer - Effective May 12, 1986 - Mark Meis James Sutcliffe Fire Department Eric E. Esquivel - Fire Fighter - Effective June 2, 1986 5 5/19/86 TEMPORARY APPOINTMENTS Parks, Recreation & Community Services Groundsman/Part-Time - Effective May 20, 1986 - Brent L. Gross Frank Estrada Randy R. Nolfo Mark Sperry Danny Campos Domingo Guzman Raymond Romero Dolores Mercado - Recreation Leader - Effective April 22, 1986 Recreation Leader - Effective May 20, 1986 - James Humphrey Fulton Lee Vanessa Morgan Tina Sandoval Les li Hysong Joseph Martinez Carol Roberson Ronald Trujillo Senior Recreation Leader - Effective May 20, 1986 - Ruben M. Campos, Jr. Stephanie Jimenez Raymond Ramirez Richard Cummings Pamella Kiesel Recreation Aide - Effective May 20, 1986 - Veronica Brown Brian K. Hemphill Lynn Pennington April Humphrey Gregory Nichols Charmaine Dalton Julie Crittenden LaShandra Luckey Darrell Perry Willie Lawson Roxanne Villalobos Dwight Aro Teachers Aide - Effective May 20, 1986 - LaVene Brewster Naomi Navarro Oretha Calloway Recreation Specialist - Effective May 20, 1986 - Steve Landrus Melvin Whyte Joyce Radzik Ernest Smith - Coach Operator - Effective May 20, 1986 Public Services/Refuse Extra Relief Heavy Laborer - Effective May 20, 1986 - Robert C. Baltierra Joseph M. Gutierrez Steven L. Henry Vincent D. Baity Richard Diaz John S. Jackson Arthur A. Molina Domingo Pasillas Andrew R. Romo Robert L. Stewart Arthur S. Bana1es Danny Guzman Charles G. Silva Darnell Brown Elias P. Hernandez Courtney L. McGee Mark A. Oliver Paul J. Rodriguez Paul A. Simms David V. Viveros 6 5/19/86 Public Services/Street Weeder/Cleaner - Effective May 20, 1986 - Thomas Becerra Jessie Lee Dixon Eliazer G. Leal Celio ROdriguez vincent A. Diaz David V. Hernandez John M. Mejia Public Buildings Rodger Caswell - Custodial Aide I - Effective May 20, 1986 PROMOTIONAL APPOINTMENT Fire Department Richard Jay Lewis III - Fire Fighter to Engineer - Effective May 19, 1986 HIGHER ACTING CLASSIFICATION Police Department Everett L. pinion - Police Records Manager - Effective May 12, 1986 & June 23, 1986; Duration from May 12, 1986 through May 30, 1986, and from June 23, 1986 through June 27, 1986 Nancy J. Clark - Senior Typist Clerk - Effective May 12, 1986 & June 23, 1986; Duration from May 12, 1986 through May 30, 1986, and from June 23, 1986 through June 27, 1986 LEAVE OF ABSENCE WITHOUT PAY/MATERNITY Police Department Josephina Gomez - Intermediate Typist Clerk - Effective May 27, 1986; Duration from May 27, 1986 to June 30, 1986 LEAVE OF ABSENCE WITHOUT PAY/MEDICAL SBETA - Admin. David L. Gandy - Staff Analyst I - Effective April 28, 1986; Duration from April 28, 1986 to July 25, 1986 PUBLIC HEARING - ANNEXATION - INHABITED TERRITORY EAST OF WATERMAN AVENUE, NORTH OF THIRD STREET, SOUTH OF EXISTING CITY BOUNDARIES, WEST OF PEDLEY AVENUE AND PALM LANE - LAFC 2372 This is the time and place set for a Public Hearing concerning the proposed annexation of inhabited territory generally located east of Waterman Avenue; north of Third Street; south of existing City boundaries; and generally west of Pedley Avenue and Palm Lane consisting of approxi- mately 230 acres. (14) Mayor Pro Tempore Strickler opened the hearing. Roger Hardgrave, Director of Public Works/Engineer- ing, gave a report of the scenario of the proposed annexa- tion. 7 5/19/86 Shauna Clark, City Clerk, answered questions regard": ing the amount of protests received and the possible tabling of the proposed annexation. Jim Roddy, Director of San Bernardino County Local Agency Formation Commission (LAFCO), answered questions regarding the time limit for accepting and withdrawing protests and the options of the Mayor and Common Council regarding continuing the public hearing. Shauna Clark, City Clerk, answered questions regar- ding two different types of protests. Ralph Prince, City Attorney, answered questions regarding closing and continuing the public hearing and the receipt of oral and written protests. Mayor Pro Tempore Strickler interrupted the hearing to welcome the Sixth Grade Class from Barton Elementary School to a Council Meeting. Ernest Armandarez, 14195 Monterey Street, spoke against the annexation, expressed concern about the number of protests filed against the proposed annexation, and the manner in which notification of the proposed annexa- tion was made to the public. Roger Hardgrave, Director of Public Works/City Engi- neer, stated that notice of the public hearing was pub- lished in the newspaper as required by law. Ralph Prince, City Attorney, answered regarding legal requirements of notification of hearing. questions the pub1 ic Laurie Tully, pasito Avenue, Highland, California, urged the Council to notify residents by mail when an annexation is proposed. Sarah Faith Rowe, 24268 West Sixth Street, spoke in protest of the proposed annexation. Mayor Pro Tempore Strickler closed the hearing. Ralph Prince, Subsection B of the City Attorney, read Section 57050, Government Code, regarding protests. Council Member Marks made a motion, seconded by Council Member Quie1, that the hearing concerning the proposed annexation be continued until June 2, 1986, at 9:00 a.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, in order to hear verbal protests or requests for withdrawal of written pro- tests against the proposed annexation. The motion carried by the following vote: Council Members Estrada, Marks, Quiel, Strickler. Council Member Hernandez. Absent: Council Member Abstained: Council Member Frazier. Ayes: Noes: Rei lly. PROTEST HEARING - STREET VACATION - EAST/WEST UNNAMED STREET - SOUTHERLY TERMINUS OF VARSITY AVENUE In a memorandum dated May 7, 1986, Roger Hardgrave, Director of Public Works/Engineering, stated that upon receipt of a request from 33% of the adjoining property owners to vacate that certain east/west unnamed street located at the southerly terminus of Varsity Avenue, and 8 5/19/86 after notification of all interested City Department Heads and utility Companies, it was determined that the street is no longer necessary for present or prospective street purposes. (15) Mayor Pro Tempore Strickler opened the hearing. Discussion was held concerning the fact that no pro- tests have been received. Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that the hearing be closed and the Findings of Fact, as set forth in the Staff Report from Roger Hardgrave, Director of Public Works/City Engineer, as to why that certain east/west unnamed street located at the southerly terminus of Varsity Avenue is no longer necessary for street pur- poses, be adopted. PROTEST HEARING - STREET VACATION - PORTION OF "F" STREET, NORTH OF MILL STREET In a memorandum dated May 7, 1986, Roger Hardgrave, Director of Public Works/Engineering, stated that upon receipt of requests from 66% of the adjoining property owners to vacate a portion of "F" Street, north of Mill Street, and after notification of interested City Depart- ment Heads and Utility Companies, it was determined that that portion of "F" Street is no longer necessary for present or prospective street purposes. (16) Mayor Pro Tempore Strickler opened the hearing. Discussion was held concerning the fact that no protests have been received. Counci 1 Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that the hearing be closed and the Findings of Fact, as set forth in the Staff Report from Roger Hardgrave, Director of Public Works/City Engineer, as to why a portion of "F" Street, north of Mill Street, is no longer necessary for street purposes, be adopted. RES. NO. 86-172 - RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING A PORTION OF "F" STREET, NORTH OF MILL STREET, IN THE CITY OF SAN BERNARDINO. (16) City Clerk Clark read the title of the resolution. Counci 1 Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived and that said resolution be adopted. vote: Quiel, Member Resolution No. 86-172 was adopted by the following Ayes: Council Members Estrada, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Reilly. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. APPEAL - BRUCE BARMAKIAN - RELOCATION OF SOUTHERN CALIFORNIA EDISON UNDERGROUND UTILITIES - 2490 KENDALL DRIVE - CONTINUED FROM MAY 5, 1986 This is the time and place continued to for consid- eration of an appeal filed by Bruce Barmakian regarding the relocation of Southern California Edison underground utilities located at 2490 Kendall Drive. (17) 9 5/19/86 In a memorandum dated May 9, 1986, Roger Hardgrave, Director of Public works/Engineering, stated that this item was continued to this date in order to allow an opportunity to investigate the feasibility of establishing an assessment district to finance the cost for under- grounding utilities along the Kendall Drive frontage. Discussion was held concerning the financial strain on Mr. Barmakian's project of undergrounding utilities, and the fact that the formation of an assessment district would help spread the costs. Bruce Barmakian, property owner of 2490 Kendall Drive, answered questions regarding his project. Counci 1 Member Council Member Marks appeal as it relates Quiel made a motion, and unanimously carried, to the undergrounding of seconded by to deny the utilities. COUNCIL MEMBER FRAZIER RETURNED Counci 1 Member Frazier returned Meeting and took his place at the Council to the Table. Council CONTRACT - MATICH CORPORATION - REHABILITATION OF ARROWHEAD AVENUE FROM ORANGE SHOW ROAD TO MILL STREET - MILLION DOLLAR MILE DRAG RACE In a memorandum dated May 13, 1986, Roger Hardgrave, Director of Public Works/Engineering, stated that it had been proposed that the section of Arrowhead Avenue from Orange Show Road to Mill Street be used for the "Million Dollar Mile" Drag Race and that the pavement will need to be as flat and smooth as possible in order to meet the criteria for this function. (18) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that: 1. the transfer of $19,371 from Account No. 242-362-57332, "Grade Crossing, Median and A.T.&S.F." and $33,700 from Account 242-362- 57361, "Widen Highland E/o Boulder", be approved; 2. the allocation of $15,000 from unappropriated reserve in the Storm Drain Construction Fund, to the construction of a storm drain in Arrow- head Avenue, from Central Avenue to a point approximately 231 feet to the north, be approved; 3. the allocation of supplemental funds in the amount of $34,329 to Account No. 242-362-57354, "Arrowhead-Orange Show Rd. to Mill", in the 1986/87 Street Construction Fund Budget, be approved. RES. NO. 86-173 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MATICH CORPORATION FOR PAVEMENT REHABILI- TATION OF ARROWHEAD AVENUE, BETWEEN ORANGE SHOW ROAD AND MILL STREET, IN ACCORDANCE WITH ALTERNATE "B". (18) City Clerk Clark read the title of the resolution. Council Member Quie1 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. 10 5/19/86 I' vote: Quiel, Member Resolution No. 86-173 was adopted by the following Ayes: Council Members Estrada, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Reilly. STATE APPLICATION - COMMUNITY CRIME RESISTANCE PROGRAM GRANT - CONTINUED FROM MAY 5, 1986 In a memorandum dated May 7, 1986, Donald Burnett, Chief of Police, provided a San Bernardino Police Depart- ment Community Crime Resistance Program Grant Concept Paper as prepared by the Crime Analysis & Crime Prevention Units, May 2, 1986. (19 & 32) At the May 5, 1986, meeting of the Mayor and Common Council, this report was referred to the Ways and Means Committee for approval, as stated in the minutes of the Ways and Means Committee Meeting of May 12, 1986. RES. NO. 86-174 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE AND SUBMIT AN APPLICATION AND GRANT AWARD TO THE OFFICE OF CRIMINAL JUSTICE PLANNING FOR THE SAN BERNARDINO CITY COMMUNITY CRIME RESISTANCE PROGRAM. (32) City Clerk Clark read the title of the resolution. Council Member Quie1 made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived and that said resolution be adopted. vote: Quiel, Member Resolution No. 86-174 was adopted by the following Ayes: Council Members Estrada, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Rei lly. CO-SPONSORSHIP OF 1986 CITY-WIDE YOUTH FESTIVAL - CONTINUED FROM MAY 5, 1986 This is the time and place continued to for consid- eration of the co-sponsorship of the City-Wide Youth Festival. (20) In a memorandum dated May 5, 1986, Council Member Frazier provided a cost breakdown from John Kramer, Recreation Superintendent, concerning the 1986 City-Wide Youth Festival. (20) Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that the Mayor and Council provide matching funds and the facility for the 1986 City-Wide Youth Festival as approved by the Ways and Means Committee. WAYS AND MEANS COMMITTEE MEETING REPORT - MAY 12, 1986 - COUNCIL MEMBER MARKS Council Member Marks presented the meeting of the Ways and Means Committee of The following items were discussed: report of the May 12, 1986. (22) 1. Community Crime Resistance Program Grant Offered By Office of Criminal Justice Planning, State of Califor- nia - The Committee recommended approval. 2. 1986 City-Wide Youth Festival Co-Sponsorship Funding - The Committee recommended matching funds, not to exceed $2,000 be approved, and Parks, Recreation and Com- munity Services Department assist and provide the facility as in the past. 11 5/19/86 3. Level Paths of Travel Across Driveways - The Committee referred this item to the Legislative Review Committee. 4. San Bernardino Million Dollar Mile - The Commit- tee recommended approval and directed the City Adminis- trator to coordinate on completion of street resurfacing by September and assurance of the proper amount of lia- bility coverage needed to adequately protect the City. The City would only be responsible for: a. Adequately paving Arrowhead Avenue; b. providing public safety related services; c. Assisting in the construction of barricades to be utilized for the race; EDC was requested to put its verbal approval in writing and to coordinate with the City Attorney who was directed to prepare an appropriate agreement with Network Enterprises, Inc. for the event. Council Member Marks made a motion, seconded by Council Member Quie1 and unanimously carried, that the Million Dollar Mile project be endorsed and that the City Attorney and City Administrator be directed to prepare the appropriate coordination services and agreements for Council review at the earliest possible time. 5. Senior Citizen Nutrition Centers - The Committee recommended approval of the Senior Nutrition Program Pro- posal negotiated by Councilman Marks with Supervisor Hammock -- agenda item for full Council review on May 19, 1986. Proposal subsequently also recommended for approval by committee member Councilman Frazier. Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that the report of the Ways and Means Committee Meeting held May 12, 1986, be received and filed. LEGISLATIVE REVIEW COMMITTEE MEETING REPORT - MAY 8, 1986 - COUNCIL MEMBER STRICKLER Council Member Strickler, Chairman of the Legislative Review Committee, presented the report of the Legislative Review Committee Meeting held on May 8, 1986. The fol- lowing items were discussed: (21) 1. Waste Water Treatment - Mr. Wessel made a report and recommendations to the Committee. Report was accept- ed. City Administrator and Water Department General Manager will develop proposed recommendations for the Council. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that a full-scale, comprehensive report be made within 30 days with recommendations from the City Administrator and Water Department on the problems associated with the Waste Water Treatment Plant and the need to get the program on line as quick as possible in order to accommodate commercial and industrial growth in ensuing years. All holders of sewer capacity rights are to be asked when they anticipate usage of their rights. 2. United States Open Amateur Baseball - Continued. Parks, Recreation and Community Services will provide Committee additional information relative to prioritizing ball fields. 12 5/19/86 3. Fire Call Statistics": Committee recommends no action to-require-YIre:sprinklers in single family resi- dences based on survey statistics provided by the Fire Department. 4. School Impaction Fees Appeal - Request denied. (Brian Bascom) 5. Amendments to Zoning Ordinance to Permit Storage of Fireworks in M-1 District - Tabled. 6. Ordinance Amending MC Chapter 19.68 Pertaining to the Moving of Buildings ln City - Tabled. 7. Ordinance Adding MC Chapter 2.49 to Create a Commission for the Status and Advancement of Senior Citi- zens Comm i t tee recommended tit le chang e to .. Sen i 0 r Affairs Commission". 8. Duties of Board of Building Commissioners - Com- mittee gave guidance to Attorney and asked that ordinance be completed and brought to Council for setting of hearing date. 9. Payment of Business License Fees - Continued. Proposal to be brought to Council after coordination between City Clerk and City Attorney. 10. R-3 Multi-Family Ordinance - Continued. Special meeting is to be held to specifically discuss this item. The meeting is scheduled for May 15, 1986, 5:00 p.m., in the Council Conference Room. 11. Sewer Capacity Rights Interim Status Report - Committee received the report. 12. Demolition/Abatement policy - Continued. Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that the report of the Legislative Review Committee Meeting held May 8, 1986, be received and filed. POSTING OF BONDS - INSTALLATION OF UNDERGROUND UTILITIES ALONG KENDALL DRIVE - KNUTE SWENSEN, SUNFLOWER PROPERTIES, INC. In a letter dated May 6, 1986, Knute Swensen of Sun- flower Properties, Inc. requested the opportunity to post bonds for the installation of underground utilities along Kendall Drive while an underground utility and sewer assessment district is being set up, stating that he will begin the underground conversion of Southern California Edison power lines as soon as the assessment district is in place. (23) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the request from Knute Swensen of Sunflower properties, Inc. be continued to the June 2, 1986, meeting of the Mayor and Common Council to be held in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. 13 5/19/86 WAIVER OF FEES ~ ENCANTO PARK ..: BENEFIT SOFTBALL TOURNAMENT - FELIX R. OLGUIN, JR. - JUNE 13 - 15, 1986 - TONY OLGUIN In a memorandum dated May 12, 1986, John Kramer, Recreation Superintendent, stated that in a letter dated May 5, 1986, Tony Olguin, 1392 W. Eighth Street, San Ber- nardino, California 92411, requested the waiver of fees normally associated with the use of Encanto Park for a benefit softball tournament to offset the medical liabili- ties of the Felix R. Olguin, Jr. family be waived. Rec- reation Superintendent Kramer stated, in his memorandum of May 12, 1986, that an alternative might be to provide a weed abatement project in lieu of the waiver of fees. (24) Gabriel Nunez, a friend of the Olguin family, was present to request a waiver of $260 in fees for park use. Council Member Estrada spoke of the Olguin family's contributions to the City. City Attorney Prince answered questions regarding the City's liability in co-sponsoring activities. Council Member Hernandez made a motion, seconded by Council Member Estrada and unanimously carried, that the waiver of park fees be tabled. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. SCHOOL IMPACTION FEES - REQUEST FOR DISCUSSION - BRIAN BASCOM A verbal request was received from Brian Bascom to discuss/protest school impaction fees. (25) Counci 1 Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that a hearing be set for 9:00 a.m., Monday, June 2, 1986, at the Regular Meeting of the Mayor and Common Council to be held in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to discuss the protest of school impaction fees by Mr. Brian Bascom. CO-SPONSORSHIP OF CITY-WIDE UNITY CONCERT - JUNE 7, 1986 - PERRIS HILL BOWL - REV. ELIJAH SINGLETARY In a memorandum dated May 3, 1986, Rev. Elijah Singletary of the San Bernardino City-Wide Unity Commit- tee, requested permission to use the Perris Hill Bowl on Saturday, June 7, 1986, from 2: 00 p.m. to 8: 00 p.m. and use of a piano, sound equipment and volunteer staff in order to provide a City-Wide Unity Concert. (26) Rev. Elijah Singletary answered questions regarding the San Bernardino City-Wide Unity Committee paying for the one-day insurance. City Attorney Prince answered questions regarding the possibility of being sued under Deep Pocket liability. Discussion was held concerning the possibility of assigning weed abatement projects to the San Bernardino City-Wide Unity Committee to absorb insurance costs. Council Member Hernandez made a motion, seconded by Council Member Estrada, that the request of the San Ber- nardino City-Wide Unity Committee be approved and that the City Attorney and City Administrator be directed to imple- ment an appropriate agreement. 14 5/19/86 , Council Member Marks made a substitute motion to proceed with the authorization and let staff know they are authorized on their own as a normal course of action to enter into one-day liability agreements. The substitute motion died for lack of a second. The original motion made by Council Member Hernandez carried by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Strickler. Noes: Council Member Frazier. Absent: Council Member Reilly. RECESS MEETING At 11: 10 a.m., the meeting of the Mayor and Common Council was recessed for ten minutes. RECONVENE MEETING At 11: 18 a.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 City Clerk Clark with the following being present: Mayor Pro Tempore Strickler; Council Members Estrada, Hernandez, Frazier, Strickler; City Attorney prince, City Clerk Clark, City Administrator Matzer; Absent: Council Members Reilly, Marks, Quiel. Discussion was Regular Agenda Item Agency Agenda Items. held concerning whether to hear 27 or to continue on to Redevelopment COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Vice Chairman Strickler in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CHANGE ORDER NO. 7 - ACCEPTANCE OF WORK - CONTRACT - SAN VAL ENGINEERING - HVAC FOR NEW CENTRAL LIBRARY In a memorandum dated May 8, 1986, Roger Hardgrave, Director of Public Works/Engineering, provided a synopsis of the contract and previous change orders with San Val Engineering for construction of the HVAC system for the New Central Library. (R-3) Council Member Hernandez made a motion, seconded by Council Member Estrada and unanimously carried, that Change Order No. Seven to the contract with San-Val Engineering, for the construction of HVAC for the New Central Library, in accordance with Plan No. 6463, be approved to delete maintenance of the entire HVAC system for 365 days after approval and acceptance of the work, at a decrease in contract price of $6,000 from $376,545.33 to $370,545.33; and, that the work performed by the Con- tractor, in accordance with Specification No. 6463, be approved and accepted; and that final payment be author- ized at the expiration of the lien period. COUNCIL MEMBERS QUIEL AND MARKS ARRIVED At 11:20 a.m., Council Member Quiel arrived at the Council Meeting and took his place at the Council Table, and at 11:22 a.m., Council Member Marks arrived at the Council Meeting and took his place at the Council Table. 15 5/19/86 ENTERPRISE ZONE - PROCEDURES In a memorandum dated April 1, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, provided a Enterprise Zone Procedures & Qualification Form to be filed by all applicants whose projects fall within the Enterprise Zone so as to qualify for the benefits/incen- tives associated with the Enterprise Zone. (R-6a) Glenda Saul, Executive Director of the Redevelopment Agency, answered questions regarding the second appli- cation for an Enterprise Zone being under the Waters Bill, and that the first application was under the Nolan Bill. Discussion was held concerning modifications to be made on the Enterprise Zone Procedures & Qualification Form. Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the approval of the Qualification Form and Procedures created for the purpose of implementing the Enterprise Zone be continued to the June 2, 1986, Regular Meeting of the Mayor and Common Council to be held in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, California, for modifications. BEAUTIFICATION PROGRAM APPLICATION In a memorandum dated May 12, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, provided a revised Beautification Program and an update of the cur- rent beautification activities. (R-10a) RESOLUTION OF THE CITY OF SAN BERNARDINO REVISING THE BEAUTIFICATION PROGRAM OF THE CITY OF SAN BERNARDINO, AND DESIGNATING THE REDEVELOPMENT AGENCY TO ADMINISTER THE PROGRAM. City Clerk Clark read the title of the resolution. Council Member Marks made a motion, Council Member Quiel and unanimously carried, reading of the resolution be waived, and that fication Program Application be continued to meeting. (See Page 29) seconded by that further the Beauti- later in the RES. NO. 86-175 - RESOLUTION OF THE MAYOR AND COMMON COUNC I L OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ISSUANCE BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO OF AN AGGREGATE PRINCIPAL AMOUNT OF $25,850,000 OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO MULTI-FAMILY MORTGAGE REVENUE BONDS (UN IVERS ITY PARK APARTMENT PROJECT) SERIES 1986 AND MAKING CERTAIN DETERMI- NATIONS RELATING THERETO. (R-ll) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions regarding the findings made by Empire Economics, consultants, which indicate that the supply of apartments in the City may exceed the demand. 16 5/19/86 COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. Doug Beatty, Shelter Corporation, spoke regarding stipulations in the issuance of bonds for the project. Tim Sabo, Bond Counsel, answered questions concerning the future of inducements for multi-family dwellings and the effects of the volume cap. Council Member Quiel made a motion, seconded by Council Member Hernandez, that said resolution be adopted with provisions inserted by interdelineation for the developer to waive density bonus rights. Resolution No. 86-175 was adopted vote: Ayes: Council Members Hernandez, Strickler. Noes: Council Member Marks. Members Estrada, Reilly. by the following Quie1, Frazier, Absent: Council MAYOR PRO TEMPORE STRICKLER EXCUSED Mayor Pro Tempore Strickler left the Council Meeting. NICHOLSON PARK BASKETBALL COURTS - CHANGE ORDER NO. TWO - CONTRACT - DUNCAN CONSTRUCTION - CONSTRUCTION OF COMMUNITY CENTER BASKETBALL COURTS In a memorandum dated May 14, 1986, Roger Hardgrave, Director of Public Works/Engineering, stated that an old basketball court was on the site of the new Nicholson Park Community Center, and it was demolished for the construc- tion of the new center. (RS-2 & R-12) Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that Change Order No. Two to the contract with Duncan Construc- tion for the construction of a Community Center at Nichol- son Park, in accordance with Plan No. 6781, be approved, to authorize the contractor to construct a basketball court, per Additive Alternate No. One, on a time and material basis not to exceed an increase in contract price of $22,044.00 from $396,451.00 to $418,495.00. MAYOR PRO TEMPORE STRICKLER AND COUNCIL MEMBER ESTRADA RETURNED Mayor Pro Tempore Str ickler and Counci 1 Member Estrada returned to the Council Meeting and took their places at the Council Table. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. RES. NO. 86-176 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HUBBS EQUIPMENT AND CONSTRUCTION FOR CON- STRUCTION OF RIO VISTA PARK, PHASE II-A, AND REJECTING THE BID FROM TERRA-CAL CON- STRUCTION, INC. (RS-l) City Clerk Clark read the title of the resolution. Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that fur- ther reading of the resolution be waived and that said resolution be adopted. Resolution No. 86-176 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Mem- bers Reilly, Quiel. 17 5/19/86 COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. NICHOLSON PARK COMMUNITY CENTER - EQUIPMENT PURCHASE In a memorandum dated May 19, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, provided a list of property and equipment needed at the Nicholson Park Community Center. Council Member Hernandez made a motion, seconded by Council Member Quie1 and unanimously carried, that the reprogramming of CDBG funds, previously allocated to the Nicholson Park Recreation Program for the purchase of equipment for the Nicholson Park Community Center, be approved in principle, contingent upon HUD approval. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. APPOINTMENTS - GEORGIA DOUCETTE, ANIMAL ADVISORY COMMISSION - ROY R. HARRIS, COMMUNITY TELEVISION COMMISSION - REV. NATHANIEL C. WHITE, CEMETERY COMMISSION In separate memorandums dated May 14, 1986, Mayor wilcox requested the appointments of Georgia Doucette, 1587 Home Avenue, San Bernardino, California 92411, to the Animal Advisory Commission; Roy R. Harris, 1558 Massaro Lane, San Bernardino, California 92411, to the Community Television Commission, and Rev. Nathaniel C. White, 1372 W. Olive Street, San Bernardino, California 92411, to the Cemetery Commission, all representing the Sixth Ward. Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that the appointments of Georgia Doucette to the Animal Advisory Commission, Roy R. Harris to the Community Television Commission and Rev. Nathaniel C. White to the Cemetery Commission be approved. City Clerk Clark administered the Oaths of Office to Commissioners Doucette and Harris. RECESS MEETING At 12:10 p.m., the Council Meeting was recessed until 2:00 p.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:00 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 City Clerk Clark with the following being present: Mayor Pro Tempore Strickler; Council Members Estrada, Hernandez, Marks, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Members Reilly, Quiel, Frazier. CONSIDERATION OF AGENDA ITEM 51 OUT OF ORDER Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that Agenda Item 51 concerning the parking of recreational vehicles be considered out of numerical order. 18 5/19/86 PARKING OF RECREATIONAL VEHICLES - AMENDMENT TO SAN BERNARDINO MUNICIPAL CODE SECTIONS 19.56.440 AND 19.56.020 In a memorandum dated May 8, 1986, Planning Director Frank Schuma provided information concerning the exclusion of truck campers from the provisions of a proposed code amendment regarding the parking of recreational vehicles on the basis that said vehicles are often used for basic transportation needs. (51) Frank Schuma, Planning Director, spoke concerning the history of the code enforcement regarding the parking of recreational vehicles within the City. Ralph Houten, 457 West 18th Street, San Bernardino, California, questioned the meaning behind the restrictions of parking recreational vehicles. Evan Welker, 1165 East 39th Street, requested that the public hearing regarding the code amendment be held at a convenient time, other than July or August, when rec- reational vehicle enthusiasts are out of town on trips. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the matter of parking recreational vehicles within the City be referred back to the Legislative Review Committee for the purpose of holding a public hearing before anything comes forward as recommended to the Counc i 1. The hear i ng was set for 2:00 p.m., June 12, 1986, in the Council Chambers, and the Planning Department will advertise the hearing. COUNCIL MEMBER QUIEL ARRIVED At 2:20 p.m., Council Member Quie1 arrived at the Council Meeting and took his place at the Council Table. GENERAL PLAN AMENDMENT NO. 86-1 - AMEND CURRENT LOW-MEDIUM RESIDENTIAL DESIGNATION TO MEDIUM RESIDENTIAL OR MEDIUM-HIGH RESIDENTIAL - NORTHEAST CORNER OF NINTH STREET AND TIPPECANOE AVENUE In a memorandum dated May 7, 1986, Planning Frank Schuma provided a Summary and Observations ning proposed General Plan Amendment No. 86-1 as by the Planning Commission on May 6, 1986. Director concer- approved (50) Discussion was held concerning the quality of apart- ment developments recently approved within the City. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the responses to comments and adoption of the Negative Declar- ation for environmental review, which has been reviewed and considered, be approved; that the findings and recom- mendations of the Planning Commission be approved and that the City Attorney be directed to prepare the necessary amendments to the resolution. COUNCIL MEMBER FRAZIER ARRIVED At 2:25 p.m., Council Member Frazier arrived at the Council Meeting. BOARD OF ARCHITECTURAL REVIEW - AMENDMENT TO SAN BERNARDINO MUNICIPAL CODE - CHAPTER 19.80 In a memorandum dated May 8, 1986, Planning Director Schuma stated that the City does not have a Board of Architectural Review as referenced in Chapter 19.80 of the San Bernardino Municipal Code. (52) 19 5/19/86 Frank Schuma, Planning Director, stated that there has been an Architectural Review Board on the books since 1953, but that no board has ever been established by the Mayor and Common Council. Counci 1 Member Quiel made a motion, seconded by Council Member Hernandez, that the responses to comments and adoption of the Negative Declaration for environmental review, which has been reviewed and considered, be ap- proved, and that the recommendations of the Planning Commission be approved and the City Attorney be directed to prepare the necessary amendments to the Zoning Ordi- nance. The motion carried by the following vote: Ayes: Council Members Estrada, Hernandez, Quie1, Strickler. Noes: Counc i 1 Member Ma r ks. Absen t: Counc i 1 Membe r Reilly. Abstain: Council Member Frazier. APPEAL HEARING - PLANNING COMMISSION APPROVAL OF TENTATIVE TRACT NO. 13274 - JUNE STREET AND CAJON BOULEVARD - EILEEN S. AND SHEILA K. ARNOLD In a letter dated April 23, 1986, Eileen S. and Sheila K. Arnold appealed the Planning Commission's approval of Tentative Tract No. 13274 located at June Street and Cajon Boulevard. (53) Mayor Pro Tempore Strickler opened the hearing. Frank Schuma, Planning Director, stated that the City Clerk's Office had received a request from the appellant to continue this matter for two weeks due to illness. Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that the hearing on the appeal be closed, the appeal be denied and that the decision of the Planning Commission be affirmed. REQUEST FOR REVERSAL OF DECISION TO AMEND SAN BERNARDINO MUNICIPAL CODE SECTION 18.40.160 - CABLE LAKES TENTATIVE TRACT NO. 13172 - HELEN KOPCZYNSKI In a letter dated May 7, 1986, Helen Kopczynski, 8150 Cable Canyon Road, San Bernardino, California 92407, requested reversal of the amendment to San Bernardino Municipal Code Section 18.40.160. (27) Council Member Marks clarified the meaning of the ordinance. Helen Kopczynski, property owner, spoke concerning a secondary access to her property. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the request of Helen Kopczynski to reverse the decision to amend San Bernardino Municipal Code Section 18.40.160 relative to secondary access, be denied. REQUEST FOR RECONSIDERATION - SCHOOL IMPACTION FEES - REDLANDS UNIFIED SCHOOL DISTRICT - JOHN F. WILSON - PARKER AND COVERT In a letter dated April 30, 1986, John F. Wilson, attorney for Parker and Covert, representing the Redlands Unified School District, requested the reconsideration of the action of the Mayor and Common Council taken on April 21, 1986, in adopting a resolution imposing school impaction fees for the Redlands Unified School District on 20 5/19/86 the grounds that the fees, as set forth in the resolution, will not mitigate to insignificance the impact of new residential housing developments occurring within the City of San Bernardino, on the Red1ands Unified School District and that it violates such provisions of the San Bernardino General Plan as adequate public facilities are required for residents. (27a) John Wilson, attorney for Parker and Covert, spoke regarding the recommendation to hold a hearing on June 2, 1986, for the school district to be present to answer any questions. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the request for a hearing be respectfully denied and that the decision made by the Council on April 21, 1986, on this matter be reaffirmed. RES. NO. 86-177 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECT- ING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARD PLASTINO AND JANICE PLASTINO EXTENDING TIME FOR REHABILITATION OF BUILDING. (Located on the northwest corner of Second and "D" Streets - Continued from April 21, 1986) (28 ) City Clerk Clark read the title of the resolution. Council Member Estrada made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolution be waived. Discussion was held concerning the recommendations of the Parking Place Commission. Council Member Estrada made a motion, seconded by Council Member Quie1 and unanimously carried, that said resolution be adopted. Resolution No. 86-177 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Reilly. CONSIDERATION OF OFF-AGENDA ITEM Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, to con- sider an off-agenda item regarding cruising within the City. CRUISING ORDINANCE Discussion was held concerning requests from property owners for help concerning cruising. Captain Bonnano of the Police Department explained why the control of cruising on Mt. Vernon Avenue is dif- ferent from problems previously experienced on "E" Street and why the successful actions to prohibit cruising on "E" Street are not applicable for the Mt. Vernon Avenue prob- lem. City Attorney Prince answered questions regarding a fine for loitering on commercial, private property. Discussion was held concerning an ordinance that will be presented on the next Mayor and Common Council agenda. 21 5/19/86 STUDENT GOVERNMENT WEEK Mayor Pro Tempore Strickler thanked the young people in the audience of the Council Chambers for their interest in local government. Students were provided the opportun- ity to ask questions of the Common Council. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO, AUTHORI- ZING AN EXCHANGE OF REAL PROPERTY LOCATED NORTH OF FOOTHILL BLVD. AND STERLING AVE- NUE WITH REDLANDS FINANCIAL SERVICES, INC. (Continued from April 7, 1986) (29) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be tabled. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of the remaining resolutions. Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolutions be waived. RES. NO. 86-178 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 84-292 TO ESTABLISH THE CHARGES FOR THE SALE OF MONUMENTS OR GRAVE MARKERS BY THE CEMETERY COMMISSION. (30) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. Resolution No. 86-178 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Re i lly. RES. NO. 86-179 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO THE SEAGRAVE FIRE APPARATUS, INC. FOR THE FURNISHING AND DELIVERY OF ONE NEW 1500 G.P.M. FIRE PUMPER TO BE UTILIZED BY THE FIRE DEPARTMENT IN ACCORDANCE WITH SPECI- FICATION NO. F-86-1. (31) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. Resolution No. 86-179 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Reilly. RES. NO. 86-180 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13160, LOCATED AT THE NORTHWEST CORNER OF MILL STREET AND PEPPER AVENUE, ACCEPTING THE PUBLIC DEDI- CATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (33) 22 5/19/86 council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. vote: Quiel, Member Resolution No. 86-180 was adopted by the following Ayes: Council Members Estrada, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Reilly. RES. NO. 86-181 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 11843, LOCATED ON THE SOUTH SIDE OF BELMONT AVENUE BETWEEN WALNUT AND PINE AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (34) Counc i 1 Membe r Qu i e 1 made a mot i on, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. vote: Quiel, Member Resolution No. 86-181 was adopted by the following Ayes: Council Members Estrada, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Reilly. RES. NO. 86-182 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMIN- ING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A SIGNALIZATION CONSTRUCTION ASSESSMENT DISTRICT; DECLAR- ING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS "ASSESSMENT DISTRICT NO. 973"; AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC HEARING. (university and Hallmark Parkway) (35) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. Resolution No. 86-182 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Re illy. Counci 1 Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the Engineer's Report on the proposed Assessment District No. 973, University and Hallmark Parkways Signalization Dis- trict, be adopted. RES. NO. 86-183 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13186, LOCATED AT THE SOUTHWESTERLY CORNER OF LITTLE MOUNTAIN DRIVE AND NORTH PARK BOULEVARD, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXE- CUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (36) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. 23 5/19/86 Resolution No. 86-183 was adopted vote: Ayes: Counci 1 Members Estrada, Quiel, Frazier, Strickler. Noes: None. Member Reilly. by the following Hernandez, Marks, Absent: Council RES. NO. 86-184 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13188, LOCATED AT THE SOUTHEASTERLY CORNER OF LITTLE MOUNTAIN DRIVE AND NORTHPARK BOULEVARD, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXE- CUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (37) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. vote: Quiel, Member Resolution No. 86-184 was adopted by the following Ayes: Council Members Estrada, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Reilly. RES. NO. 86-185 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECU- TION OF AN AGREEMENT WITH KURT MEYER PART- NERS, INC. RELATING TO PROVIDING ARCHI- TECTURAL SERVICES FOR CONSTRUCTION OF A FIRE STATION IN THE PARK CENTRE AREA. (38) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. Resolution No. 86-185 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Reilly. RES. NO. 86-186 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1986-87 ASSESSMENT ROLL FOR THE 1982-1 IMPROVEMENT PROJECT UNDER CHAPTER 27 OF THE IMPROVE- MENT ACT OF 1911. (39) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. vote: Quiel, Member Resolution No. 86-186 was adopted by the following Ayes: Council Members Estrada, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Reilly. RES. NO. 86-187 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1986-87 ASSESSMENT ROLL FOR THE 1983-1 IMPROVEMENT PROJECT UNDER CHAPTER 27 OF THE IMPROVE- MENT ACT OF 1911. (40) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. vote: Quiel, Member Resolution No. 86-187 was adopted by the following Ayes: Council Members Estrada, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Reilly. 24 5/19/86 RES. NO. 86-188 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MOUNTAIN VIEW CONSTRUCTION FOR CONSTRUC- TION OF ADDITION TO RESTROOM BUILDING FOR ELK'S FIELD AT WILDWOOD PARK. (41) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. vote: Quiel, Member Resolution No. 86-188 was adopted by the following Ayes: Council Members Estrada, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Reilly. RES. NO. 86-189 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF MILL STREET BETWEEN TIPPECANOE AVENUE AND CALIFORNIA STREET; SANTA FE STREET BETWEEN TIPPECANOE AVENUE AND FAIRFAX DRIVE; SULLIVAN STREET BETWEEN TIPPECANOE AVENUE AND FAIRFAX DRIVE; ERWIN STREET BETWEEN SULLIVAN STREET AND SANTA FE STREET; FAIRFAX DRIVE BETWEEN A POINT APPROXIMATELY 150 FEET SOUTH OF SULLIVAN STREET AND A POINT APPROXIMATELY 150 FEET NORTH OF SANTA FE STREET, THAT CERTAIN UNNAMED STREET BETWEEN SANTA FE STREET AND SULLIVAN STREET, EAST OF FAIRFAX DRIVE AND A POINT APPROXIMATELY 140 FEET EAST THEREOF, THAT CERTAIN ALLEY BETWEEN SULLIVAN STREET AND A POINT APPROXIMATELY 140 FEET NORTH OF SANTA FE STREET, AND RESERVING A PUBLIC UTILITY EASEMENT WITHIN A PORTION OF MILL STREET, EAST OF TIPPECANOE AVENUE. (42) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. vote: Quiel, Member Resolution No. 86-189 was adopted by the following Ayes: Council Members Estrada, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Reilly. Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the Director of Public Works/City Engineer and City Clerk be authorized to vacate those certain streets generally located south of Norton Air Force Base and Central Avenue, east of Tippecanoe Avenue; and that Plan No. 6699 for the vacation of those certain streets generally located south of Norton Air Force Base and Central Avenue, east of Tippecanoe Avenue, be adopted. RES. NO. 86-190 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CER- TAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF A PUBLIC NUI- SANCE. (372 W. SEVENTH STREET, 376 W. SEVENTH STREET, 985 W. 11TH STREET, 957 W. 26TH STREET, 969 N. "F" STREET, 966 N. ACACIA, 701 N. "D" STREET, 715 N. "D" STREET, 965 NORTH "F" STREET, 1807 W. HIGHLAND AVENUE, 2375 W. HIGHLAND AVENUE, 1375 W. RIALTO AVENUE, 781 E. SANTA FE) (43 ) 25 5/19/86 ,--- Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. Resolution No. 86-190 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Reilly. READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of all ordinances on the agenda. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the ordinances be waived. ORD. MC-519 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.82.060 OF THE SAN BERNARDINO MUNICIPAL CODE TO ELIM- INATE THE PROVISION FOR THE PAYMENT OF AN INVESTIGATION FEE, AND REPEALING SECTION 5.82.040 OF THE SAN BERNARDINO MUNICIPAL CODE. FINAL (44 ) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that said ordinance be adopted. Ordinance MC-519 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Reilly. ORD. MC-520 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNI- CIPAL CODE SECTION 12.80.120 TO CLARIFY THAT SALE OF MERCHANDISE IS PROHIBITED IN PUBLIC PARKS AND RECREATIONAL FACILITIES OF CITY. FINAL (45 ) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that said ordinance be adopted. Ordinance MC-520 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Reilly. ORD. MC-521 - ORDINANCE OF THE CITY OF BERNARDINO ADDING CHAPTER 18.64 TO THE BERNARDINO MUNICIPAL CODE RELATING PROVISIONS FOR LOT LINE ADJUSTMENTS. SAN SAN TO FINAL (46 ) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that said ordinance be adopted. Ordinance MC-521 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Reilly. 26 5/19/86 ORD. MC-522 - ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.42 AND AMEND- ING CHAPTER 12.56 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE A UNIFORM PRO- CEDURE FOR THE ISSUANCE OF PERMITS BY THE CHIEF OF POLICE FOR PARADES, CIRCUSES, RODEOS, CARNIVALS, OR OTHER EVENTS, AND REPEALING SECTIONS 2.02.100 AND 5.04.175. FINAL (47) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that said ordinance be adopted. Ordinance MC-522 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Reilly. ORD. MC-523 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.56.040 OF THE SAN BERNARDINO MUNICIPAL CODE TO INCREASE PARK CONSTRUCTION FEES IN THE CITY OF SAN BERNARDINO. FINAL (48 ) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that said ordinance be adopted. Ordinance MC-523 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Reilly. GENERAL REPORTS AND CORRESPONDENCE Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that the following items be filed: (49) a. Civil Service Eligibility Lists for: Accountant Heavy Laborer Part-Time Traffic Signal Design Engineer b. City's Investment Portfolio as of March 31, 1986 Craig A. Graves, City Treasurer c. Five alcoholic beverage applications for the following new and transferred licenses: NEW Rouzbeh Azarakhshi, Akbar Ghahremani, Mehrdad, Soltani, sourmich, U.S.S., Inc., dba R & S 255 E. Fifth St. Off Sale Beer & Wine Orange Oil Company, Haggag Zakaria, Samir Haggag, Fatima Radwan dba Orange Oil Company 505 Orange Show Road Off Sale Beer & Wine Albert D. Cain, dba Sportsman's Club 2033 w. Highland Avenue On Sale Beer & Wine pravina V. Patel & Vijay Hirabhai 1491 N. Mt. Vernon Avenue Off Sale Beer & Wine 27 5/19/86 TRANSFERRED June Aspril, Inc. June Aspril, Liquor Warehouse 973 North "E" Street Off Sale General d. Board of Building Commissioners' Resolutions as follows: BBC 1088 BBC 1089 BBC 1090 BBC 1091 BBC 1092 BBC 1093 BBC 1094 BBC 1095 BBC 1096 BBC 1097 BBC 1098 BBC 1099 1772 N. Colorado 2619 W. Fifth Street 2643 W. Fifth Street 2633 W. Fifth Street 2639 W. Fifth Street 2657 W. Fifth Street 2669 W. Fifth Street 2683 W. Fifth Street 2695 W. Fifth Street 2625 W. Fifth Street 680 W. Eighth Street 650 N. "F" Street CHANGE ORDER NO. FIVE - CONTRACT - ARTHUR SHOOTER ASSOCIATES, INC. - LANDSCAPE AND IRRIGATION - ISLAND IN HOSPITALITY LANE - PARK CENTRE In a memorandum dated May 14, 1986, Roger Hardgrave, Director of Public Works/Engineering, recommended land- scaping of the new section of median island in Hospitality Lane in the Park Centre area in consistency with the other portions of the Tri-City Corporate Complex. (S-2) Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that Change Order No. Five to the contract with Arthur Shooter Associates, Inc., for construction of irrigation and land- scaping at Park Centre, in accordance with Plan No. 6760, be approved; to authorize the Contractor to landscape and irrigate the extended portion of the island in Hospitality Lane, at an increase in the contract price of $7,120.00 from $643,662.87 to $650,782.87. RES. NO. 86-191 - RESOLUTION OF THE CITY OF SAN BERNARDINO CLOSING PIEDMONT DRIVE AT ITS EASTERLY TERMINUS, AT THE INTER- SECTION OF VICTORIA AVENUE, AND DIRECTING CONSTRUCTION OF A CUL DE SAC TO EFFECT SUCH PURPOSE. (S-4 ) Mayor Pro Tempore Strickler read the title of the resolution. Counc i 1 Membe r Ma rks made a mot i on, seco nded by Council Member Estrada and unanimously carried, that pro- vision be made in the resolution that the closure of piedmont at Victoria Avenue be predicated upon the opening up of Piedmont easterly from the proposed project. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived and that said resolution be adopted. Resolution No. 86-191 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Reilly. 28 5/19/86 L_ CURBS AND GUTTERS - 1064 N. "E" STREET - COUNCIL MEMBER QUIEL In a memorandum dated May 19, 1986, Council Member Quiel provided a request from Sandy Trongale of Pete's Finishland for curbs and gutters at 1064 N. "E" Street where there are presently two driveways. Counc i 1 Member Qu i e 1 made a mot i on, seconded by Council Member Strickler and unanimously carried, that the City street crews provide curb and gutter where there are presently two driveways at 1064 North "E" Street. BLAIR LITTLE LEAGUE FIELD - FIFTH WARD PARK EXTENSION FUNDS - REPAIR OF SCOREBOARD In a memorandum dated May 16, 1986, Annie Ramos, Director of Parks, Recreation and Community Services, stated that the scoreboard at Blair Park Little League Field is inoperative and in need of repair and that City electricians cannot perform the repairs due to higher priority projects. Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that $770 from Fifth Ward Park Extension Funds for the repair of the scoreboard at Blair Little League Field be approved. ENGINEERING APPEAL - CONDITIONAL USE PERMIT 86-5 - STANDARD CONDITION #10 - RV PARK - NINTH STREET - WEST OF TIPPECANOE - LINDSAY BARTO - AL BALLARD In a letter dated May 19, 1986, Lindsay Barto, developer, 9937 S. Waterman Avenue, San Bernardino, appealed Condition #10 relating to the undergrounding of an existing high voltage electricity transmission pole line along the north side of Ninth Street. Al Ballard, developer, spoke regarding the financial impact on the project of the requirement of undergrounding the existing high voltage electricity line. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions concerning the undergrounding of the high voltage pole line. Counci 1 Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the appeal of Condition #10 for this specific project be granted. CITY CO-SPONSORSHIP OF EVENTS - FEE WAIVER - LIABILITY Discussion was held concerning the City's liability concerning co-sponsored events for which City fees are waived. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the City Attorney be directed to find a way to waive fees in specific cases without taking a co-sponsorship position where the City assumes any of the liability. ANNEXATION - INHABITED TERRITORY - EAST OF WATERMAN AVENUE - NORTH OF THIRD STREET - SOUTH OF EXISTING CITY BOUNDARIES - WEST OF PEDLEY AVENUE AND PALM LANE Discussion was held concerning the manner in which the proposed annexation of approx imately 230 acres generally located east of Waterman Avenue, north of Third Street, south of existing City boundaries and west of Pedley Avenue and Palm Lane was handled. 29 5/19/86 ,---- - council Member Marks spoke of his dismay in that the City's viewpoint was not marketed to the public. Discussion was held concerning directions given to staff in the handling of this annexation. No formal action was taken. RESOLUTION OF THE CITY OF SAN BERNARDINO REVISING THE BEAUTIFICATION PROGRAM OF THE CITY OF SAN BERNARDINO, AND DESIGNATING THE REDEVELOPMENT AGENCY TO ADMINISTER THE PROGRAM. (Continued from earlier in the meeting. See Page 15) (R-IO) Discussion was held concerning beautification efforts on the major arteries of the City and identification of the major arteries. Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that the Beautification Program be referred to the Redevelopment Agency, and for the matter to be continued to the June 2, 1986, meeting of the Mayor and Common Council to be held in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER QUIEL AND HERNANDEZ EXCUSED Council Members Quiel and Hernandez left the Council Meeting. RECESS MEETING - CLOSED SESSION At 4:07 p.m., Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, to recess to a Closed Session under the authority of Government Code Sections 54946.9(b) (1) as there is a significant exposure to litigation; 54957 to consider personnel matters, 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is the City of San Bernardino, et aI, vs the San Manuel Band of Mission Indians, Case No. 856899- WJR (BY) . ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Pro Tempore Strickler, Council Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Member Reilly. ADJOURN CLOSED SESSION At 5:10 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 5:10 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Pro Tempore Strickler; Council Members Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Members Estrada, Reilly. 30 5/19/86 ORD. MC-524 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10.24.190 OF THE SAN BERNARDINO MUNICIPAL CODE BY ADDING SUBSECTION C TO PROHIBIT VEHICLES EXCEEDING THREE TONS ON VICTORIA AVENUE; AND DECLARING THE URGENCY THEREOF. FINAL City Clerk Clark read the title of the ordinance. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the urgency ordinance be waived and that said ordinance be adopted. Ordinance MC-524 was adopted by the following vote: Ayes: Council Members Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Reilly. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. BUDGET HEARING Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that the first budget hearing be set for 9:00 a.m., Tuesday, May 27, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ADJOURNMENT At 5:15 p.m., the Regular Meeting of the Mayor and Common Council was adjourned to the Adjourned Regular Meeting of the Mayor and Common Council to be held at 9:00 a.m., Tuesday, May 27, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Califor- nia. Shauna Clark by &JL:iC<J L?~ Deputy City Clerk City Clerk 31 5/19/86