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HomeMy WebLinkAbout06-16-1986 Minutes City of San Bernardino, California June 16, 1986 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:02 a.m., on Monday, June 16, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Pastor Greg Squyres, First Southern Baptist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Reilly. 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, Deputy City Administrator Schweitzer. Absent: None. APPROVE MINUTES - MAY 27, 1986 Council Member Strickler made a motion, seconded by Counci 1 Member Hernandez 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 27th day of May, 1986, as submitted in typewritten form. (1) CHANGE ORDER NO. 4 - ACCEPTANCE OF WORK - CONTRACT - BONADIMAN-MC CAIN - EXTENSION OF HOSPITALITY LANE - CONSTRUCTION OF BRIDGE OVER SAN TIMOTEO CREEK In a memorandum dated June 5, 1986, Roger Hardgrave, Director of Public Works/Engineering, stated that the extension of Hospitality Lane and construction of the bridge over San Timoteo Creek was satisfactorily completed on May 23, 1986. (4) Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that Change Order No. Four to the contract with Bonadiman- McCain, Inc. for the construction of a bridge over San Timoteo Creek, at Hospitality Lane, in accordance with Plan No. 6653 and EDA requirements, be approved; to authorize changes in final quantities from that estimated, change orders on a time and material basis, and particu- larly Bid Items 6, 15, 22, and contract Change Order No. Three, which varied by more than 15%, at a net increase in contract price of $13,804.84, from $517,929.29 to $531,734.13. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that the work performed by the contractor, in accordance with Specification No. 6653, be approved and accepted and that final payment be authorized at the expiration of the lien period. CLAIMS AND PAYROLL Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, to approve demands against the City and authorize the issu- ance of warrants as follows: (7) 1. Approve the register of demands dated: May 28, 1986 June 3, 1986 85/86 85/86 #44 #45 $908,298.58 321,535.01 2. Approve the total gross payroll for the period May 12, 1986, through May 25, 1986, in the amount of $1,213,959.96. APPROVE MINUTES - JUNE 2, 1986 Discussion was held concerning clarifying the motion made by Council Member Quiel on Page 26, Item 47 of the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 2nd day of June, 1986, regarding Tentative Tract 13172 and Conditional Use Permit No. 85-72, by describing the concerns of the Council as: 1) the size of the lots, 2) the density of the project and 3) the size of the units. (2) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the approval of the minutes of the Council Meeting held June 2,1986, be continued until later in the meeting. (See Page 29) APPROVAL AND ACCEPTANCE OF WORK - IPS SERVICES, INC. - FILL-IN IMPROVEMENTS - CHAPTER 27, ASSESSMENT 1984-1 In a memorandum dated May 23, 1986, Roger Hardgrave, Director of Public Works/Engineering, stated that the construction of fill-in street improvements per Plan No. 6809, Chapter 27 assessments, 1984-1, was completed May 20, 1986. (3) Roger Hardgrave, Director of Public Works/Engineer- ing, answered questions concerning the completion of the fill-in improvements. Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that the work performed by the contractor, in accordance with Specification No. 6809, be approved and accepted; and that final payment be authorized at the expiration of the lien period. VACATION OF 17TH STREET - EAST OF CONEJO DRIVE - AUTHORIZATION TO PROCEED In a memorandum dated June 5, 1986, Roger Hardgrave, Director of Public Works/Engineering, stated that a request for the vacation of 17th Street, east of Conejo Drive from Charles T. Schultz of Reid & Hellyer on behalf of El Dorado Bank was brought about by the encroachment of a new apartment building into the setback from the street right-of-way. (5) Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, that the City Clerk and City Engineer be authorized to proceed with the requested vacation of 17th Street, east of Conejo Drive. 2 6/16/86 CITY CAPITAL IMPROVEMENT PROGRAM - BRIDGE ACROSS DEL ROSA CHANNEL AT FAIRFAX DRIVE Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that the bridge across Del Rosa Channel at Fairfax Drive be in- cluded on the City Capital Improvement Program. ASSESSMENT DISTRICT - CAJON AND JUNE ACQUISITION DISTRICT - TENTATIVE TRACT 13274 - CAJON BOULEVARD SEWER - AGREEMENTS - M. F. WHIPPLE & CO. - NAZAREK, HARPER, HOPKINS & MC FARLIN - ALBERT A. WEBB ASSOCIATES In a memorandum dated June 3, 1986, Roger Hardgrave, Director of Public Works/Engineering, stated that a peti- tion has been received requesting the formation of an assessment district for the acquisition of all off-site improvements to be constructed in Tentative Tract No. 13274, and for a sewer line to be located in Cajon Boule- vard. (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; that the City Engineer be directed to prepare an Engineer's Report for the acquisi- tion of all off-site improvements in Tentative Tract No. 13274 and the sewer in Cajon Boulevard located in the area of Cajon Boulevard and June Street, in the City of San Bernardino; and that the Director of Public Works be authorized and directed to enter into agreements with M. F. Whipple & Co., Inc., as Financial Consultant; Nazarek, Harper, Hopkins & McFarlin as Bond Counsel, and Albert A. Webb Associates, as Assessment Enginee~ for the processing of this proposed district and the ultimate sale of 1915 Act Bonds to cover the cost of said acquisition. PERSONNEL ACTIONS - CHARLES P. DUNHAM - ACTING SUPERINTENDENT OF BUILDING AND SAFETY Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that the Acting Higher Classification appointment of Charles P. Dunham to Superintendent of Building and Safety be con- tinued until the afternoon. (See Page 29) (8) COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. PERSONNEL ACTIONS - RAYMOND D. SCHWEITZER - ACTING CITY ADMINISTRATOR Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the Acting Higher Classification appointment of Raymond D. Schweitzer to City Administrator, be continued until the afternoon so that the Director of Personnel may provide information regarding the pay schedule of the position. (See Page 7) (8) COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned Meeting and took his place at the Council to the Counc i 1 Table. 3 6/16/86 RECRUITMENT PLAN FOR CITY ADMINISTRATOR Discussion was held concerning a recruitment plan for permanent replacement of City Administrator Matzer. Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that a recruitment plan for the position of City Administrator be considered later in the meeting. PERSONNEL ACTIONS Council Member Marks 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 Bernardin~ be approved and ratified, with the exceptions of Raymond D. Schweitzer to Acting City Admini- strator and Charles P. Dunham as Acting Superintendent of Building and Safety. (8) APPOINTMENTS Parks, Recreation and Community Services Deirdre Brown - Community Center Manager I - Effective June 17, 1986 Public Works/Engineering Krishnakumar Patel - Civil Engineering Assistant - Effective June 17, 1986 TEMPORARY APPOINTMENTS Parks, Recreation and Community Services Helen J. Henderson - Coach Operator/Part-Time _ Effective June 17, 1986 Betty A. Lewison - Senior Companion Program Coordinator - Effective June 17, 1986 Senior Recreation Leader - Effective June 17, 1986 Loretta Hinojosa Eugenia Hill Senior Recreation Leader/Part-Time - Effective June 17, 1986 pamelalee Bailey Llwyd Clay Michele Mittlehouser Terry Nelson Jacquelino Parker Gary Roberts Anna Duarte Monica Harley Lawrence W. Bains Daniel Owen Cerise Patterson Martha Diaz Stella Gonzales Marjorie Loenhorst patricia Pennington Susana Ochoa Recreation Leader/Part-Time - Effective June 17, 1986 George L. Aguilar Tracie Brown Tina Cisneros Lynda M. Dunn Frank Henderson Yvonne D. Knox John Oxrider Cedric T. Simmons Jeremiah Tardy Paul Contreras Gary Johnson Mary Muehlemann Hasan Parks LaVanne Pennington Gina R. Atilano Bonnie Chisom Judy Dominguez Manuel Gomez Michael A. Jones Kathryn A. Maynard Michael Shea Evelyn Singer Kenny S. Taylor Sarah Hernandez Erina Martinez Hershey Nation Curtis Peete Lisa Reisch 4 6/16/86 I Recreation Aide/Part-Time - Effective June 17, 1986 Quintin A. James James Beaumont Robert Buchanan James Cooper Kynia Hudson Rudolph D. Jones Matthew Rootland Rodney T. Moten Linda Bowden Bridgette Conner Mary Dawson Frederick Hughes Therese Mazurier Larry G. Akins Recreation Specialist/Part-Time - Effective June 17, 1986 Evla Coble Mary R. Orrison Gladys Jackson Senior Lifeguard - Effective June 17, 1986 Heidi Salerno Senior Lifeguard/Part-Time - Effective June 17, 1986 Lisa Gomez Hernando Sabogal Lifeguard/Part-Time - Effective June 17, 1986 Dennis R. Cochems Walter Shaw Nicholas Alexander Jill Conley Brenda Mayes Robert Karns Matthew Dickey Barbara L. Roecker Jill Grenowich Victor Alexander Paul Duarte Monique Noble Julie Tiger Summer Lunch Monitor/part-Time - Effective June 17, 1986 Juliet Christiansen Nellie Lopez Cynthia Ward Rebecca Hendrickson Jimmie Maner S.B.E.T.A. Administration Summer Youth Specialist - Effective June 17, 1986 Sadie Evans Geraldine Young Judith A. Rose Public Buildings Custodial Aide I - Effective June 17, 1986 Lee A. Walker Mario Ramirez Douglas R. Burnside Joe A. Moore PROMOTIONAL APPOINTMENTS Parks, Recreation and Community Services Janet L. Chaney - From Senior Recreation Leader/ Part-Time to Recreation Specialist/Part-Time - Effective June 17, 1986 From Recreation Leader/Part-Time to Senior Recreation Leader/Part-Time - Effective June 17, 1986 Consuelito Guerra Mary E. Samson Fulton Lee Jana L. Quinlan - From Senior Lifeguard/part-Time to Supervising Lifeguard/part-Time - Effective June 17, 1986 5 6/16/86 APPOINTMENT/PROVISIONAL Parks, Recreation and Community Services Esther G. Robinson - Senior Services Aide - Effective June 17, 1986 Police Department Cheryl L. Jackson - Intermediate Typist Clerk - Effective June 30, 1986 LEAVE OF ABSENCE/MATERNITY Police Department Susan L. Tronass - Intermediate Typist Clerk - From May 23, 1986 to September 21, 1986 EXTENSION OF LEAVE OF ABSENCE/WITHOUT PAY Public Buildings Carroll D. Filkins - Custodian - From June 2, 1986 to June 30, 1986 APPEAL - BOARD OF BUILDING COMMISSIONERS' ORDER OF ABATEMENT - 1139 W. 19TH STREET - JOHN R. TINDALL ON BEHALF OF MANUEL B. ENRIQUEZ - CONTINUED FROM MARCH 17, 1986 In a memorandum dated October 24, 1985, former Super- intendent of Building and Safety Rosebraugh, provided a progress report concerning project No. 2190, regarding improvements to property located at 1139 W. 19th Street which is owned by Manuel B. Enriquez. (9) Charles Dunham, Acting Superintendent of Building and Safety, answered questions concerning up-dated information regarding construction and improvements on the property. He stated that owner Manuel Enriquez has three options: 1) to purchase the adjoining property, 2) to be granted a variance from the City and 3) to eliminate 500 square feet of his new addition, in order to comply with City regula- tions. Discussion was held concerning property owner Manuel Enriquez' attempt to purchase the adjoining property, but the owner of the property passed away during purchase negotiations. Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, to con- tinue the item to the first meeting in September (9/2/86) for a review of construction and improvements progress at that time. PROTEST HEARING - ASSESSMENT DISTRICT NO. SIGNALIZATION DISTRICT - UNIVERSITY AND HALLMARK PARKWAYS In a memorandum dated June 3, 1986, Roger Director of Public Works/Engineering, requested tion of a signalization assessment district improvements at the intersection of University mark parkways. 973 - Hardgrave, the forma- concerning and Hall- (10) Mayor Wilcox opened the hearing. Thomas W. Bailey, Plant Manager of San Bernardino Industries, Inc., a division of General Foam plastics Corp., filed a letter with the City Clerk's Office dated June 16, 1986, against the formation of the assessment district. He was present at the Council Meeting to answer questions regarding his feelings that the improvements would require an unnecessary expense at this time. 6 6/16/86 Bob Schaefer from Color Tile requested information regarding assessment figures for the improvements. Verne Nadeau, Sr. Real Property Specialist, answered questions regarding the percentage of protests received from business and industry in the affected area. Discussion was held regarding traffic study figures within the affected area. Council Member Frazier made a motion, seconded by Council Member Reilly, to close the public hearing and to continue the item until later in the afternoon so that the traffic figures could be obtained. (See Page 29) PERSONNEL ACTIONS - RAYMOND D. SCHWEITZER - ACTING CITY ADMINISTRATOR Ray Schweitzer, Deputy City Administrator, provided information regarding the salary schedule of the positions of Deputy City Administrator and City Administrator, as requested earlier in the meeting. (See Page 3) (8) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the appointment of Deputy City Administrator Raymond D. Schweitzer to Acting City Administrator effective June 9, 1986, be approved. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. PROTEST HEARING - VACATION OF STREETS - SOUTH OF NORTON AIR FORCE BASE, EAST OF TIPPECANOE AVENUE In a memorandum dated June 5, 1986, Roger Hardgrave, Director of Public Works/Engineering, stated that the United States of America Air Force, through the Department of the Army, has purchased the homes located between Mill Street and Central Avenue, east of Tippecanoe Avenue, and that the Department of the Army has requested that the dedicated streets within that area be vacated in order that they may maintain the area and for security reasons. (11) Mayor Wilcox opened the hearing. No protests were received. RES. NO. 86-220 - A RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING 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 BE- TWEEN SANTA FE STREET AND SULLIVAN STREET, EAST OF FAIRFAX DRIVE AND A POINT APPROXI- MATELY 140 FEET EAST THEREOF; THAT CERTAIN ALLEY BETWEEN SULLIVAN STREET AND A POINT APPROXIMATELY 140 FEET NORTH OF SANTA FE STREET, IN THE CITY OF SAN BERNARDINO AND RESERVING A PUBLIC UTILITY EASEMENT WITHIN A PORTION OF MILL STREET, EAST OF TIPPE- CANOE AVENUE. (11) 7 6/16/86 City Clerk Clark read the title of the resolution. Council Member Hernandez 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 be adopted; that further reading of the resolution be waived and that said resolution be adopted. vote: Marks, Member Resolution No. 86-220 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. PROPOSED ANNEXATION - INHABITED TERRITORY - WATERMAN AVENUE ON WEST, CENTRAL AVENUE ON NORTH, TIPPECANOE AVENUE ON EAST - LAFC 2371 - CONTINUED FROM JUNE 2, 1986 Discussion was held concerning the need of the Mayor and Common Council to set a date for an election concern- ing the proposed annexation of inhabited territory located between Waterman Avenue on the west, Central Avenue on the north and Tippecanoe Avenue on the east. (12) RES. NO. 86-221 - RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING THE VALUE OF WRITTEN PROTESTS AND ORDERING MUNICIPAL REORGANIZATION NO. LAFC 2371 FOR THE ANNEXATION OF INHABITED TERRITORY LOCATED EAST OF WATERMAN AVENUE, NORTH OF PARK CENTRE, SUBJECT TO CONFIRMATION OF VOTERS WITHIN THE AFFECTED TERRITORIES AND TO THE CONDITIONS CONTAINED IN RESOLUTION NO. 2035 OF THE LOCAL AGENCY FORMATION COM- MISSION; CALLING A SPECIAL ELECTION AND REQUESTING CONSOLIDATION WITH THE GENERAL ELECTION OF NOVEMBER 4, 1986. (12) City Clerk Clark read the title of the resolution. Council Member Hernandez made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived. City Clerk Clark answered questions regarding the City's options regarding the holding of an election. City Attorney Prince answered questions regarding the use of mailed ballots being under the discretion of the Registrar of Voters. Mayor Wilcox requested that City Clerk Clark make inquiries of the Registrar of Voters concerning the use of mailed ballots. Council Member Strickler made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 86-221 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernan- dez. Absent: None. 8 6/16/86 PROPOSED ANNEXATION - INHABITED TERRITORY - WATERMAN AVENUE ON WEST, CENTRAL AVENUE ON NORTH, TIPPECANOE AVENUE ON EAST - LAFC 2372 - CONTINUED FROM JUNE 2, 1986 Discussion was held concerning the requirements re- garding this proposed annexation being the same as the requirements regarding LAFC 2371. (13) RES. NO. 86-222 - RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING THE VALUE OF WRITTEN PROTESTS AND ORDERING MUNICIPAL REORGANIZATION NO. LAFC 2372 FOR THE ANNEXATION OF INHABITED TERRITORY LOCATED GENERALLY BETWEEN WATERMAN AVENUE AND PEDLEY LANE, AND BETWEEN THIRD AND NINTH STREETS, SUBJECT TO CONFIRMATION OF VOTERS WITHIN THE AFFECTED TERRITORIES AND TO THE CONDITIONS CONTAINED IN RESO- LUTION NO. 2036 OF THE LOCAL AGENCY FORMATION COMMISSION; CALLING A SPECIAL ELECTION AND REQUESTING CONSOLIDATION WITH THE GENERAL ELECTION ON NOVEMBER 4, 1986. (13) City Clerk Clark read the title of the resolution. Council Member Hernandez made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of said resolution be waived. Council Member Strickler made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 86-222 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernan- dez. Absent: None. TIPPECANOE AVENUE BRIDGE PROJECT - ACQUISITION - PARCEL 15 In a memorandum dated June 6, 1986, City Attorney Ralph Prince stated that a real estate appraiser was re- tained by the City to make an independent appraisal of Parcel 15 in order to negotiate eminent domain proceedings with Brion Corporation, owner of the property. (14) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the negotiated settlement of $90,000 for acquisition of Parcel 15 for the Tippecanoe Avenue Bridge project be approved. LEGISLATIVE REVIEW COMMITTEE REPORT - MEETING HELD JUNE 5, 1986 - CHAIRMAN STRICKLER In a memorandum dated June 9, 1986, Council Member Strickler, Chairman of the Legislative Review Committee, presented the report of the Legislative Review Committee Meeting held on June 5, 1986. The following items were discussed: (15) 1. Ordinance Re Outdoor Sales and Displays - Item continued. A public hearing was held for input on this ordinance. The City Attorney was asked to amend the ordi- nance to include "four times per year, no more than once in any 30-day period. New or unused merchandise would be permitted provided it did not usurp..." The Development Review Committee would review extenuating circumstances and special requests. The attendees would be mailed a copy of the change and provide input for the June 19 meeting. 9 6/16/86 2. City's Demolition policy Building and Safety Department W11I information at June 19 meeting. Item continued. present additional 3. "Move-On" Ordinance - Item continued. City Attorney and Planning Director to review and correct the ordinance. 4. City Hall Office Space Study - Committee recom- mended approval. They also recommended the Mayor and Council discuss a rate increase for Water Department and RDA. The City Administrator was asked to establish a schedule and phase implementation plan. The recommenda- tion by the City Administrator to implement a records management policy was received favorably. Administrative action will be taken to go forward on this. 5. Standard policy For Establishment of Assessment District - The Committee recommended approval with a change to the appeal procedure - the appeal would go to the Mayor and Council. The Committee recommended dissolu- tion of the Assessment Bond policy Ad Hoc Committee in conjunction with the acceptance of this policy. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the report of the Legislative Review Committee meeting held June 5, 1986, be received and filed. LEGISLATIVE REVIEW COMMITTEE REPORT - PUBLIC HEARING - RECREATIONAL VEHICLES - JUNE 12, 1986 - CHAIRMAN STRICKLER Council Member Strickler, Chairman of the Legislative Review Committee, presented the report of the Legislative Review Committee Meeting, public hearing, held on June 12, 1986, concerning recreational vehicles. The following report was presented: (15) 1. Ordinance prohibiting parking of Motor Vehicles on Front or Side of Residential Property - Public Hearing opened. Mr. Schuma explained present ordinance. The Chairman asked the audience to disregard the proposed ordinance and after discussion, with the concurrence of the majority of citizens in the chambers, the following changes as additions to the San Bernardino Municipal Code are recommended: A. Recreation vehicle, boat or trailer parking is allowed on private property so long as: 1. It is in operative condition with tires inflated to normal operating pressure. 2. It does not extend or encroach onto the public right of way. 3. No trash, weeds or debris are accumulated on, underneath or around it. 4. Current state vehicle code provisions are being met. 5. They must be parked on an improved surface. B. Occupancy of a recreation vehicle, trailer, or camper will not exceed thirty days. 10 6/16/86 Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, to endorse the recommendations of the Legislative Review Committee with respect to recreational vehicles and to direct the City Attorney to prepare an ordinance for the next Council Meeting (7/7/86), and that the City Clerk advertise the hearing in the newspaper. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that the minutes of the Legislative Review Comnittee Meeting, pub- lic hearing on recreational vehicles held on June 12, 1986, be received and filed. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. WAYS AND MEANS COMMITTEE MEETING REPORT - JUNE 10, 1986 - CHAIRMAN MARKS Council Member Marks, Chairman of the Ways and Means Comm it tee, made a mot i on, seconded by Counc i 1 Member Reilly and unanimously carried, that this item be deleted from the agenda as the Ways and Means Committee Meeting was not held due to the Mayor and Common Council being in session. (16) AMNESTY PROGRAM - OUTSTANDING PARKING CITATIONS In a memorandum dated June 5, 1986, Roger Hardgrave, Director of Public Works/Engineering, stated that the Public Buildings Division is inputting data regarding the Parking Control Enforcement Program into the City's com- puter, and that there is a tremendous amount of unpaid citations from habitual offenders. He further stated that Wayne Overstreet, Superintendent of Public Buildings/ Security and Parking Control, proposed that an amnesty program be implemented to purge the Parking Enforcement Program of outstanding citations and to generate immediate revenue (perhaps $50,000). (17) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the proposed Amnesty Program for outstanding parking citations be referred to the Legislative Review Committee for review and recommendation. READING AND WAIVING OF RESOLUTIONS The City Clerk read the titles of all the resolutions on the Agenda. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolutions be waived. RES. 86-223 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE NEGATIVE DECLARATION AS TO ENVIRONMENTAL IMPACT AND ADOPTING AMENDMENT NO. 86-1 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO (GENERAL PLAN LAND USE ELEMENT). (21) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. 11 6/16/86 Resolution No. 86-223 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. NO. 86-224 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 11831 ENTITLED IN PART "A RESOLUTION . . . PROVIDING FOR THE APPOINTMENTS OF A MAYOR PRO TEMPORE. ."; AND ESTABLISHING SUCH APPOINTMENTS FOR THE 1986-1987 FISCAL YEAR EFFECTIVE JULY 1, 1986. (22) Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. Resolution No. 86-224 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. NO. 86-225 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SAN BERNARDINO PUBLIC LIBRARY TO APPLY FOR LIBRARY SERVICES AND CONSTRUCTION ACT --TITLE I FUNDS TO DEMONSTRATE THE VILLA- SENOR LIBRARY'S SERVICES CAN REDUCE THE HISPANIC HIGH SCHOOL STUDENT DROP-OUT RATE. (23) Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. Resolution No. 86-225 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. NO. 86-226 - RESOLUTION OF THE CITY OF SAN BERNARDINO PROVIDING FOR THE ESTAB- LISHMENT OF A SERVICE AUTHORITY FOR FREE- WAY EMERGENCIES. (24) Discussion was held concerning the cost and useful- ness of the program, and the use of cellular phones. Counc i 1 Membe r Mar ks made a mot ion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 86-226 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Frazier. Noes: Council Members Hernandez, Quiel, Strickler. Absent: None. RES. NO. 86-227 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECU- TION OF AN AGREEMENT WITH THE SAN BERNAR- DINO UNIFIED SCHOOL DISTRICT RELATING TO THE DELIVERY OF TYPE A LUNCHES TO CITY'S SUMMER LUNCH SITES. (25) Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted. 12 6/16/86 Resolution No. 86-227 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. UMPIRING SERVICES - ADULT SOFTBALL - REJECTION OF BIDS In a memorandum dated May 22, 1986, purchasing Agent Dean Meech provided Bid Spec. F-86-25, regarding bids received by three vendors for umpiring services for the adult softball program, and recommended that the package be rebid with tighter specifications. In a memorandum dated May 28, 1986, Recreation Superintendent John Kramer recommended that the bid received from Tri-County Offi- cials be accepted. (18) Recreation Superintendent Kramer answered questions regarding his recommendation to accept the bid received from Tri-County Officials, and he stated that after re- viewing the matter with Purchasing Agent Meech, he has reconsidered his recommendation. He further stated that he recommends that the present contract be extended for sixty days so that the bid package may be rebid during that time. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the bid package be rejected in total and rebid with tighter specif ications. OUTSTANDING PURCHASE ORDERS Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that a new business item regarding outstanding purchase orders be considered at this time since Purchasing Department staff is present at the meeting. In a memorandum dated June 16, 1986, Council Member Hernandez provided a list of purchase order requisitions prepared by Superintendent of Public Buildings Overstreet, for which purchase orders have not been received, and made particular reference to requested repairs for the Lytle Creek Community Center. Recreation Superintendent John tions regarding delays in repairs Community Center. Kramer answered ques- to the Lytle Creek Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that the matter concerning outstanding purchase orders be referred to the Ways and Means Committee for a report back. RES. NO. 86-228 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "RESOLUTION . ESTABLISHING A BASIC COMPENSATION PLAN..." AND ADDING THE POSITION OF RESIDENT BRIDGE ENGINEER II (PART TIME) AT A FLAT RATE OF $45.00 PER HOUR. (26) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-228 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: 13 6/16/86 RES. NO. 86-229 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION . CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; ESTABLISHING THE POSITIONS OF ACCOUNT CLERK I AND ACCOUNT CLERK II IN THE BUSINESS LICENSE DIVISION OF THE CITY CLERK'S OFFICE AND DELETING THE POSITIONS OF INTERMEDIATE TYPIST CLERK AND ACCOUNT CLERK. (27) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. Resolution No. 86-229 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. NO. 86-230 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH IN-N-OUT BURGER, INC. FOR THE WIDENING OF SECOND STREET, WEST OF "H" STREET. (28) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. Resolution No. 86-230 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. NO. 86-231 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DAVID-RICHARDS CONSTRUCTION FOR UPGRADING BALLFIELD LIGHTING AT RICHARDSON BASEBALL FIELD. (29) Co unc i 1 Member Mark s made a mot i on, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. Resolution No. 86-231 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. NO. 86-232 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1986-87 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 951, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, WAGONWHEEL ROAD AREA. (30) Counci 1 Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. Resolution No. 86-232 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. 14 6/16/86 RES. NO. 86-233 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1986-87 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 952, LANDSCAPING CONSTRUCTION AND MAINTENANCE, STATE COLLEGE PARKWAY (UNI- VERSITY PARKWAY) AREA. (31) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-233 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. NO. 86-234 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1986-87 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 953, LANDSCAPING MAINTENANCE, SIX- TEENTH STREET BETWEEN MUSCOTT STREET AND CALIFORNIA STREET. (32) Acting City Administrator Schweitzer was requested to follow up on more effective supervision over landscape maintenance districts. Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-234 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. NO. 86-235 - A RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING THAT CERTAIN UNNAMED EAST/WEST STREET LOCATED AT THE SOUTHERLY TERMINUS OF VARSITY AVENUE, IN THE CITY OF SAN BERNARDINO, AND RESERVING PUBLIC UTILITY EASEMENTS THEREIN. (33) Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-235 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. NO. 86-236 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MATICH CORPORATION FOR CONSTRUCTION OF STREET IMPROVEMENTS ON DALEY CANYON ROAD, FROM CHIQUITA LANE TO A POINT 560 FEET TO THE EAST. (34) Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-236 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: 15 6/16/86 RES. NO. 86-237 - RESOLUTION OF TijE CITY OF SAN BERNARDINO AUTHORIZING THE DEPART- MENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS, AND REPEALING RESOLUTION NO. 83-77. (Authori- zing Purchasing Agent to administer docu- ments.) (35) Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-237 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO MONUMENTAL BRONZE FOR THE FURNISHING AND DELIVERY OF BRONZE SIGNAGE TO BE UTILIZED BY THE NORMAN F. FELDHEYM CENTRAL LIBRARY IN ACCORDANCE WITH BID SPECIFICATION F-86-15. (36) purchasing Agent Dean Meech answered questions re- garding the amount of the construction package. Counci 1 Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the matter be referred to the Ways and Means Committee for a report back. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO SOUTH COAST RUBBER STAMP CO. FOR THE FURNISHING AND DELIVERY OF INTERIOR SIGNAGE TO BE UTILIZED BY THE NORMAN F. FELDHEYM CENTRAL LIBRARY IN ACCORDANCE WITH BID SPECIFICATION F-86-15. (37) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the matter be referred to the Ways and Means Committee for a report back. RES. NO. 86-238 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECU- TION OF AN AGREEMENT WITH MARGARET LOPEZ RELATING TO THE OPERATION OF A CONCESSION FACILITY AT NUNEZ PARK. (38) Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 86-238 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. NO. 86-239 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO SIGNAL SALES CO. FOR THE FURNISHING AND DELIVERY OF SIXTEEN (16) EACH TRAFFIC CONTROLLER ASSEMBLIES TO BE UTILIZED BY THE PUBLIC WORKS/ENGINEERING DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-86-16. (39) 16 6/16/86 council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-239 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. NO. 86-240 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO JOHN- SON TRACTOR CO. FOR THE FURNISHING AND DELIVERY OF ONE NEW HYDRAULIC POWERED BREAKER TO BE UTILIZED BY THE PUBLIC SERVICES/STREET DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-86-19. (40) Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-240 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. NO. 86-241 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO OWL ROCK CORPORATION FOR THE FURNISHING AND DELIVERY OF AGGREGATE BASE MATERIAL FOR MASONRY MORTAR AND WASHED SAND IN ACCORDANCE WITH SPECIFICATION NO. 5-86-21 -- ITEMS I, II, III, IV AND V. (41) Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 86-241 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. NO. 86-242 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO RANCHO READY MIX FOR THE FURNISHING AND DELIVERY OF MIXED IN TRANSIT CONCRETE IN ACCORDANCE WITH BID SPECIFICATION F-86-22. (42) Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-242 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. NO. 86-243 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO PAYNE- WHITNEY CO. FOR THE FURNISHING AND DELI- VERY OF STREET HOT SURFACE RECYCLING TO BE UTILIZED BY THE PUBLIC SERVICES/STREET DEPARTMENT IN ACCORDANCE WITH BID SPECI- FICATION F-86-28. (43) Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. 17 6/16/86 _"~~'ii.l: vote: Marks, None. Resolution No. 86-243 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. NO. 86-244 - RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING A QUITCLAIM DEED TO ACACIA CONSTRUCTION, INC., FOR A TEN FOOT STRIP OF LAND FROM WESTERN AVENUE TO SUN VALLEY DRIVE AND RESERVING AN EASE- MENT IN LOTS 18 AND 19 OF TRACT 13188 FROM LITTLE MOUNTAIN DRIVE TO THE FLOOD CONTROL CHANNEL FOR WATER LINE PURPOSES, ADJACENT TO A STORM DRAIN EASEMENT, AND DETERMINING THAT THE PROPERTY TO BE EXCHANGED HAS A VALUE OF LESS THAN $2,000.00. (44) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-244 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: READING AND WAIVING OF ORDINANCES The City Clerk read the titles of all the ordinances on the Agenda. Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the ordinances be waived. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN BERNARDINO MUNICIPAL CODE BY ADDING CHAPTER 2.49, AND AMENDING SECTION 2.17.010 TO CREATE THE SENIOR AFFAIRS COMMISSION. FIRST (45) Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that fur- ther reading of the ordinance be waived; that said ordi- nance be laid over for final passage, and that the Senior Affairs Commission be assigned to the Parks, Recreation and Community Services Department for administrative support. ANTI-CRUISING ORDINANCE - CONTINUED FROM JUNE 2, 1986 - CHIEF OF POLICE BURNETT In a memorandum dated June 11, 1986, Chief of Police Burnett compiled additional information related to the implementation of an Anti-Cruising Ordinance in the City, as requested by the Mayor and Common Council at their meeting of June 2, 1986. (46) Chief of Police Burnett stated that the Police Department has worked two more weekends enforcing cruis- ing violations since his last report, and during that time has issued 449 citations, has towed 34 vehicles and has made 11 arrests. He provided a survey of anti-cruising ordinances of nine cities, including: Phoenix, Arizona; Walnut Creek, Livermore, Fremont, Cupertino, Los Gatos, Los Angeles, Pleasant Hill and Pomona, California, and information regarding the implementation of the ordinances and enforcement experiences. Preliminary manpower, assignment and materials expenses, an enforcement plan for the ordi- 18 6/16/86 nance, use of control signs, establishment of control points, an operational span and cost factors were itemized in Chief of Police Burnett's report. City Attorney Prince answered questions concerning a survey of other cities with regard to legal issues arising from such an ordinance. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. Wade Byers, a resident from the 200 block of south "K" Street, one block from Lytle Creek Park, spoke in support of the anti-cruising ordinance, stating he feels his rights are violated in that he cannot get in and out of his driveway due to cruising traffic. Chief of Police Burnett answered questions regarding implementation of the proposed anti-cruising ordinance. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the matter concerning the proposed anti-cruising ordinance be continued until the afternoon session for more information on the ordinance of the City of Los Gatos. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. ORD. MC-525 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.76.010 OF THE SAN BERNARDINO MUNICIPAL CODE TO PER- MIT VERIFICATION OF PETITIONS AND APPLI- CATIONS FOR PLANNING MATTERS BY DECLARA- TION UNDER PENALTY OF PERJURY. FINAL (46a) Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that said ordinance be adopted. Ordinance MC-525 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ORD. MC-526 - ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 19.80 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO THE BOARD OF ARCHITECTURAL REVIEW. FINAL (46b) Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that said ordinance be adopted. Ordinance MC-526 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 Marks made a motion, seconded by Council Member Frazier and unanimously carried that the following items be filed: (47) a. Civil Service Eligibility Lists for: Supervising Lifeguard Lifeguard Summer Lunch Monitor Senior Data Systems Operator Recreation Specialist (Therapeutics) Recreation Specialist (Social & Cultural) Senior Lifeguard Crossing Guard Police Officer 19 6/16/86 b. Application of National Bus Traffic Association, Inc., Agent acting for and on behalf of American Buslines, Inc., and Trailways Lines, Inc., for authority to increase California intrastate pas- senger fares pursuant to Section 454 of the Pub- lic Utilities Code. c. (This item was handled separately. See following motion. ) d. Six alcoholic beverage applications for the fol- lowing new and transferred licenses: New Edwin R. & Roxann H. Stockberger, dba Your Market TRANSFERRED Laura Alari dba Lil's Kyu Sung Ahn & Soo Sung dba Last Chance HMI Holdings, Inc., dba Vons Grocery Company Richard C. Strack dba Maxwell Street Pizza Antonia Solorio dba Blue & Gold Liquor 1455 Highland Ave., Unit 101 Off Sale Beer & Wine 110 N. Rancho Ave. On Sale General 3981 N. Sierra Way Off Sale Beer & Wine 2028 E. Highland Ave. Off Sale General 974 W. Kendall Dr., Unit 8 On Sale Beer & Wine 2856 Rialto Ave. Off Sale General GENERAL REPORTS AND CORRESPONDENCE - PROPOSED RATE INCREASE - GENERAL TELEPHONE COMPANY Item C of the General Reports and Correspondence concerns an application of General Telephone Company of California, a Corporation, for authority to increase cer- tain intrastate rates and charges for telephone service (Application 83-07-2). Investigation on the Commission's own motion into the rates, tolls, rules, charges, opera- tions, costs, separations, practices, contracts, services, and facilities of General Telephone Company of California, a California Corporation; and of all the telephone cor- porations listed in Appendix A, attached thereto. (47c) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the City Attorney be directed to prepare an appropriate reso- lution for Mayor and Common Council approval in opposition to the proposed rate increase. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING 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. 20 6/16/86 CHUCK KING & ASSOCIATES - SEIP - KING INDUSTRIAL PARK In a memorandum dated June 10, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, stated that on June 5, 1986, the Redevelopment Committee reviewed the request of Mr. Hagen, attorney for Chuck King & Associates, concerning settlement of an agreement entered into in 1979 for the development of King Industrial Park, and the possibility of legal action in order to collect the $26,000 owed for "In Lieu" payments under the develop- ment agreement. (R-5) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to refer the matter back to the Redevelopment Committee for further review. RES. NO. 86-245 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECT- ING THE EXECUTION OF AN AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE REDEVELOP- MENT AGENCY OF THE CITY OF SAN BERNARDINO AND URS CORPORATION FOR CENTRAL CITY SOUTH STUDY AREA URBAN DESIGN OVERLAY ZONE AND ENVIRONMENTAL IMPACT REPORT CONSULTANT SERVICES. (R-6) City Clerk Clark read the title of the resolution. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived and that said resolution be adopted. vote: Marks, None. Resolution No. 86-245 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: DELMANN HEIGHTS TRACK - APPROVAL OF PLANS _ AUTHORIZATION TO ADVERTISE FOR BIDS - CHAIN LINK FENCE - CONCRETE CURB In a memorandum dated June 5, 1986, Roger Hardgrave, Director of Public Works/Engineering, stated that it has been determined to be necessary to have chain link fence, concrete curb, pipe gate and mow strip done by contract around the Delmann Heights Track. (R-IO) Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that plans for construction of chain link fence and concrete cu rb, in acco rd ance with Plan No. 7012, be approved; and the Director of Public Works/City Engineer authorized to advertise for bids. NICHOLSON PARK REPAVING In a memorandum dated June 10, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, stated that the Agency received a funding request from the Parks, Recreation and Community Services Department for repaving of Nicholson Park due to construction and the deteriorated condition of the original pavement. (R-ll) Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, to approve the supplemental funding in the amount of $2,868.00 and the reprogramming of excess funds under the Nunez and Delmann Heights basketball court resurfacing projects in the amount of $6,332.00 (for a total of $9,200) to finance the repaving of Nicholson Park. 21 6/16/86 ~ RES. NO. 86-246 - RESOLUTION OF THE MAYOR AND COMMON COUNC IL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CER- TAIN AMENDMENT TO THE GUARANTY IN CONNEC- TION WITH ITS $3,500,000 CITY OF SAN BER- NARDINO, INDUSTRIAL DEVELOPMENT REVENUE NOTE OF 1982 (SAN BERNARDINO INDUSTRIES, INC. PROJECT). (R-12) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, Council Member Quiel and unanimously carried, reading of said resolution be waived. seconded by that further Redevelopment Agency Counsel Briggs answered ques- tions regarding the effect this action might have on the City's interest. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-246 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING - FISCAL YEAR 1986/1987 This is the time and place set for a public hearing concerning the objectives and projected use of Community Development Block Grant funds for the Fiscal Year 1986/ 1987. (R-13) Chairman Wilcox opened the public hearing. Ken Henderson, Manager of the Community Development Division of the Redevelopment Agency, presented the fol- lowing report: COMMUNITY DEVELOPMENT CITIZENS' ADVISORY COMMITTEE FUNDING RECOMMENDATIONS CDBG 1986/1987 PROGRAM YEAR Non-Profit Agencies (Recommended for Funding) Funds No. Aqency Requested - 7 Highland Council on Aging $ 45,200 11 Inland Counties Regional Center $ 50,000 17 Rolling Start - Lifeline $ 10,000 18 Rolling Start - Deaf Services $ 5,590 19 S.B. Community Against Drugs $ 44,500 31 Family Service Agency $ 68,000 10 Subcommittee for Downtown "E" Street Revitalization $ 2,000 SUB TOTAL $225,290 22 Funding Recommendation $ 9,910 $ 50,000 $ 10,000 $ 5,590 $ 44,500 $ 68,000 $ 2,000 $190,000** 6/16/86 Non-Profit Agencies (Not Recommended for Funding) Funds No. Agency Requested 1 Legal Aid Society $ 25,000 5 Center for Individuals with Disabilities $ 14,000 8 Frazee Community Center $ 6,000 13 Home of Neighborly Services $ 1,130 14 Home of Neighborly Services $ 10,550 15 S.B.Community Hospital $ 25,000 32 St. Stephens' Ministries $ 75,000 34 Easter Seal Society $ 25,000 16 S.B. West Side CDC $ 50,000 SUB TOTAL $231.680 TOTAL $456,970 Funding Recommendation -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- $190,000 **Amount approved by the Mayor and Common Council. No. 12 20 21 24 28 29 Capital Improvements (Recommended for Funding) Agency 2 Y.W.C.A. Rehab & Main Entrance Center for Individuals with Disabilities (Storage Area) American Youth Soccer Organization (Lighting) Home of Neighborly Service (Driveway) Street Lights - 5th, Waterman, 3rd Sts., Sierra Way *Street Lights - Mt. Vernon, 9th to 21st Streets Rio Vista Park Development Handicap Accessi- bility at City Parks (Phase I) Perris Hill Park - Design Senior Center 6 9 SUB TOTAL Funds Requested $100,000 $ 20,000 $ 48,784 $ 1,700 $ 78,400 $218,000 $204,000 $185,600 $ 60.000 $916.484 23 Funding Recommendation $ 51,566 $ 20,000 $ 48,784 $ 1,700 $ 78,400 $145,500* $ 96,410 $ 44,050 $ 60.000 $549.500** 6/16/86 I Capital Improvements (Not Recommended for Funding) No. Agency 22 Nunez Park Development Patton Park Development Rehab Nine (9) Tennis Courts Rehab Two (2) Parking Lots Nunez Park Soccer Lights Rio Vista Park Acquisition Veterans Alcoholic Rehab Program 23 25 26 27 30 33 SUB TOTAL TOTAL Funds Requested Funding Recommendation $154,077 -0- $275,736 $ 47,768 -0- -0- $ 58,805 -0- $ 48,580 -0- $187,500 -0- $305,000 $1,077 ,466 -0- -0- $1,993,950 $549,500 * Engineering Department provided estimates which allow for project to be completed in full at the recommended funding level. **Amount approved by Mayor and Common Council. Fair Housing (Recommended for Funding) Funds Funding No. Agency Requested Recommendation 3 Inland Mediation $30,000 $25,000 4 Community Housing Resources Board $25,000 $25,000 TOTAL $55,000 $50,000 ** **Amount approved by Mayor and Common Council. Ken Henderson, Manager of the Community Development Commission of the Redevelopment Agency, stated that during the proposal submittal period from April 23, 1986 through May 21, 1986, proposals were received in three Program Mix categories: 1) Capital Improvements Program $550,000 2) Public Service Agreements (private non-profit agencies) Fair Housing 3 ) $190,000 $ 50,000 Reverend Jesse McKinney, St. Stephens Ministries, Good Samaritan Shelter for the Homeless, stated that in- stead of making a plea for funding, he would like to ask the Council to please consider the needs of the homeless and that he would make future requests for funding. Mayor Wilcox stated that SANBAG is making a study of the needs of the homeless, and after this information is compiled, the study will be presented to address the issue. Reverend Jesse McKinney answered questions regarding current funding of the Good Samaritan Shelter for the Homeless. 24 6/16/86 Judy Amoris, Easter Seals Society, stated that after having been denied funding and making inquiries as to the reason for the decision, she discovered that many people have assumed that the Easter Seals Society obtains funds from the Arrowhead united Way. She stated that the Easter Seals Society has been operating on community support since 1948, that it has been forced to close its Speech and Physical Therapy Departments, and may have to close its doors completely. She further stated that this is the first time that the Easter Seals Society has requested any City or County funds. Judy Amoris answered questions regarding the Easter Seals Society's plans to request funding through the County or Arrowhead United Way. Valerie Pope Ludlam, West Side Community Development Corporation, answered questions regarding other organi- zations providing low income housing, and requested the opportunity to provide the Mayor and Common Council with an up-date of their operation. Ken Henderson, Manager of the Community Development Commission of the Redevelopment Agency, answered questions regarding the status of the Rental Income Program. Ted McMoran, Chairman of the Veterans' Alcoholic Rehabilitation Program, stated that property located at 1100 "D" Street has been purchased and is in need of re- novation. Mayor Wilcox stated that her office has received 35 letters in support of the project and that the Veterans' Alcoholic Rehabilitation Program has a 76% success rate, but that the program is in need of $50,000 from the City. Discussion was held concerning continuing the matter of Community Development Block Grant funding until the afternoon session. RECESS MEETING At 12:00 p.m., Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the meeting be recessed until 2:00 p.m. RECONVENE MEETING At 2:02 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, Deputy City Administrator Schweitzer. Absent: None. APPEAL HEARING - CONDITIONAL USE PERMIT 86-14 - DRIVE-THRU RESTAURANT - DAVID E. MLYNARSKI In a memorandum dated June 6, 1986, Planning Director Frank Schuma provided a Summary, Observations, Findings of Fact, Conditions, and Standard Requirements concerning an appeal filed by David E. Mlynarski regarding the Planning Commission's decision of approval for Conditional Use Permit No. 86-14, to permit a Kentucky Fried Chicken drive-thru restaurant in the C-3A, Limited General Com- mercial Zone located on the north side of 40th Street near Leroy Street. (48) 25 6/16/86 Mayor wilcox openeo the hearing. Council Member Strickler stated that he would abstain from this matter due to a possible conflict of interest. David E. Mlynarski, resident at 252 E. 41st Street, stated he had filed this appeal under his name, but that he could obtain the signatures of residents of the neigh- borhood showing opposition to the Conditional Use Permit for a drive-thru restaurant at the location on 40th Street. Planning Director Schuma answered questions regarding the traffic impact expected in the area due to the con- struction of the drive-thru restaurant. Discussion was held concerning the streets in the affected area being designed to handle higher volume of traffic. Planning Director Schuma answered questions regarding requirements made by the Planning Commission for the neighboring residential area to buffer noise from the drive-thru restaurant. Appellant David Mlynarski answered questions regard- ing whether he had had an opportunity to review the new plot plan for the development. Council Member Marks made a motion, seconded by Council Member Frazier, that the matter be continued to later in the meeting so that Mr. Mlynarski could have an opportunity to meet with staff from the Planning Depart- ment to answer questions regarding plans for the develop- ment. (See Page 28) The motion carried Council Members Estrada, Frazier. Noes: None. Member Strickler. by the following vote: Reilly, Hernandez, Marks, Absent: None. Abstain: Ayes: Quiel, Council COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. CHANGE OF ZONE 86-10 APPLICATION - VARIOUS OWNERS - CAJON BLVD. NORTH OF JUNE STREET - BRONSON STREET NORTH OF 34TH AVENUE In a memorandum dated June 6, 1986, Planning Director Schuma provided a Summary, Observations and a letter of appeal from Richard and Beverly Colbert concerning his request to change the land use zonlng district from County/Residential/Manufacturing to R-1-7200, Single- Family Residential on a parcel of land located on Cajon Boulevard northwest of June Street and a parcel located on Bronson Street north of 34th Avenue. (49) Planning Director Schuma answered questions concern- ing the needed change of zone in order to provide con- formity to this newly-annexed territory with the General Plan of the City. Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, to approve the responses to comments and to adopt the Nega- tive Declaration for environmental review which has been reviewed and considered; and to approve the findings and the recommendation of the Planning Commission and to direct the City Attorney to prepare the necessary amend- ments to the Zoning Ordinance. 26 6/16/86 r COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. SECCOMBE LAKE - STATE URBAN DEVELOPMENT PLAN Mayor wilcox stated that word had just been received that the Seccombe Lake Project had just passed before the State Assembly by a vote of 71 to O. TIRE BURNING PLANT - CITY OF RIALTO - OPPOSITION TO CONSTRUCTION - JOHN D. HOBBS In a letter dated June 10, 1986, John D. Hobbs, re- quested the opportunity to speak before the Mayor and Common Council in opposition to the construction of a tire burning plant in the neighboring City of Rialto. (S-l) John D. Hobbs, 1546 W. Evans Street, spoke in opposi- tion to the tire burning plant, and requested that the Mayor and Common Council go on record with a resolution opposing the tire burning plant in Rialto and instruct the City Attorney to try to get an injunction against the building of the plant and to get an environmental impact study. Mike Williams, an opponent of the tire burning plant, presented a fifteen minute video concerning safety hazards presented to communities by tire burning plants. Jamie Williams, 940 S. Willow, Rialto, provided figures of amounts of stored tires and shredded tires at the proposed tire burning plant, and stated that the cities of Grand Terrace and Fontana are opposing the con- struction of the plant. Stanford Weiss, Director of the Engineering Division of the South Cost Air Quality Management District, spoke concerning near and far field air quality impact. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the City go on record with its concern over the building of the tire burning plant in the City of Rialto by making notification to County Supervisor Hammock and Councilwoman Dastrup of the City of Ontario, both of whom are District Board Members of the South Coast Air Quality Management District; to direct Mayor Wilcox to contact the Mayor of Rialto to work cooperatively in implementing a full-blown environmental impact review; to direct the City Attorney to begin researching other avenues the City can undertake to compile an environmental impact report if the City of Rialto is unable or unwilling to do so, and to report back at the next meeting of the Mayor and Common Council. EMERGENCY SECONDARY ACCESS In a memorandum dated June 10, 1986, Council Member Hernandez stated that a request had been received from former Council Member Richard F. Gerwig to discuss the ordinance regarding dual access for development projects to provide emergency secondary access. Dick Gerwig, former Council Member, spoke concerning the City's liability in cases where fire damage is sus- tained due to non-existent secondary access for use in cases of emergency, and urged the Council to reinstate their formal policy on secondary access. City Attorney Prince answered questions the City's liability and current ordinance regarding secondary means of access. concerning provisions 27 6/16/86 council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the matter be referred to the Planning Commission for a report back. COUNCIL MEMBERS HERNANDEZ AND MARKS EXCUSED Council Members Hernandez and Marks left the Council Meeting. PRESENTATION OF PETITION - NEIGHBORS AGAINST CRIME, DRUGS AND PROSTITUTION - DOWNTOWN AREA - RITA HERNANDEZ Council Member Estrada presented a back-up memorandum concerning a neighborhood meeting held June 5, 1986, at which the citizens of the area agreed to petition the Mayor and City Council to enforce the laws on prostitu- tion, drugs and crime in their area, and requested that the names of law violators be forwarded to The Sun news- paper for publication. (S-2) Rita Hernandez, 695 W. Seventh Street, requested that the Mayor and Common Council put crime control ahead of beautification and stated that the prostitution problem in her area was worse than ever. Chief of Police Burnett answered questions concerning police efforts against prostitution, stating that 30 pros- titution arrests were made the previous week and that he had provided a press release concerning the arrests but had not seen the release in the newspaper. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the Chief of Police be directed to put new emphasis on the John Program in order to bring the program back as expedi- ently as possible, and to request that the Mayor write a letter to the publisher of The Sun newspaper, requesting cooperation in publishing the names of Johns arrested weekly for soliciting prostitutes so that the City can get some changes made in the problem. COUNCIL MEMBERS HERNANDEZ AND MARKS RETURNED Council Members Hernandez and Marks returned to the Council Meeting and took their places at the Council Table. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. APPEAL HEARING - CONDITIONAL USE PERMIT 86-14 - DRIVE-THRU RESTAURANT - DAVID E. MLYNARSKI - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consi- deration of an appeal filed by David E. Mlynarski regard- ing the Planning Commission's decision of approval for Conditional Use Permit No. 86-14, to permit a Kentucky Fried Chicken drive-thru restaurant in the C-3A, Limited General Commercial Zone located on the north side of 40th Street near Leroy Street. (See Page 25) (48) Planning Director Schuma recommended that a condition for the drive-thru include a 15-foot setback from the R-l residential property. Bob Miriam from Carlson Design, representing Kentucky Fried Chicken, stated he will reluctantly accept the changes recommended by the Planning Director. 28 6/16/86 Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal hearing be closed; that the decision of the Plan- ning Commission be modified to provide a 15-foot setback along the north property line, separating the R-l single- family residential property from the drive-thru; that a landscaping plan be submitted to the Planning Director for review and approval, and that the landscaping plan shall include speciman trees and shrubs. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. APPROVE MINUTES - JUNE 2, 1986 - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for consi- deration of approval of the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 2nd day of June, 1986, as submitted in type- written form. (See Page 2) (2) Council Member Marks made a motion, seconded by Council Member Quiel to clarify the motion made by Council Member Quiel on Page 26, Item 47 of the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 2nd day of June, 1986, regarding Tentative Tract 13172 and Conditional Use Permit No. 85-72 by describing the concerns of the Council as 1) the size of the lots, 2) the density of the project and 3) the size of the units, and to approve the minutes as amended. PERSONNEL ACTIONS - CHARLES P. DUNHAM - ACTING SUPERINTENDENT OF BUILDING & SAFETY DEPARTMENT - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for consi- deration of the appointment of Charles P. Dunham to Acting Superintendent of Building & Safety Department. (See Page 3) (8) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the appointment of Charles P. Dunham to Acting Superintendent of the Building & Safety Department effective June 9, 1986, be approved. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. PROTEST HEARING - ASSESSMENT DISTRICT NO. 973 - SIGNALIZATION DISTRICT - UNIVERSITY AND HALLMARK PARKWAYS - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for consi- deration of the formation of a signalization assessment district concerning improvements at the intersection of University and Hallmark Parkways, so that traffic study figures could be obtained. (See Page 6). (10) RES. NO. 86-247 - A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED CONSTRUCTION OF TRAFFIC SIGNALS AND APPURTENANT FACILITIES IN THE AREA OF UNIVERSITY PARKWAY AND HALLMARK PARKWAY, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID CON- STRUCTION, KNOWN AS ASSESSMENT DISTRICT NO. 973, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (10) 29 6/16/86 City Clerk Clark read the title of the resolution. Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived, that the hearing be closed and that said resolution be adopted. vote: Quiel, Member Resolution No. 86-247 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Marks. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. WIDENING HIGHLAND AVENUE, EAST OF BOULDER AVENUE - APPROVAL OF FUNDING In a memorandum dated June 12, 1986, Roger Hardgrave, Director of Public Works/Engineering, stated that approxi- mately 1200 units will be constructed in the Highland Hills Development, and traffic studies indicate that of the two access points provided to Highland Avenue, at least 70% of the residents will use the westerly access point. He further stated that the allocation for funding the necessary street improvements needs to be reflected in the preliminary budget adopted by June 30, 1986. (S-3) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the City's participation in the cost of widening Highland Avenue, east of Boulder Avenue, be approved and the Directors of Finance and Public Works be directed to identify the necessary funds in the 1986/87 Street Con- struction Fund Budget to finance the estimated City's share of $70,000. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. ANTI-CRUISING ORDINANCE - CHIEF OF POLICE BURNETT - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to in order for Chief of Police Burnett to have an opportunity to investi- gate circumstances surrounding the City of Los Gatos' anti-cruising ordinance. (See Page 18) (46) Chief of Police Burnett answered questions regarding the experience of the City of Los Gatos and the subsequent adoption of Section 2l000K of the Vehicle Code, which allows cities to adopt their own anti-cruising ordinances. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 10.24.210 AND 10.24.220 TO CHAPTER 10.24 OF THE SAN BERNARDINO MUNI- CIPAL CODE TO PERMIT POLICE OFFICERS TO REGULATE THE CRUISING OF VEHICLES IN CON- GESTED AREAS SUBJECT TO APPROPRIATE NOTICES AND SIGNS AND TO DIVERT VEHICLES WHEN THERE IS LITTLE TRAFFIC FLOW AND VEHICLES ARE NOT MOVING PROMPTLY AT OPPORTUNE TIMES; AND DECLARING THE URGENCY THEREOF. (Final) (46) 30 6/16/86 City Clerk Clark read the title of the ordinance. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the ordinance be waived. COUNCIL MEMBERS HERNANDEZ AND FRAZIER Council Members Hernandez and Frazier Co unc il Meet i ng and took the i r places Table. RETURNED returned to the at the Council Discussion was held concerning the implementation of the cruising enforcement on a progressive basis. Chief of Police Burnett answered questions regarding the cost of the implementation of the program, and stated that over $500,000 has already been spent. CONTINUANCE OF MEETING At 5:00 p.m., Council Member Marks made a motion, seconded by Council Member Frazier and unanimously car- ried, that the Council Meeting continue in session until 6:00 p.m. Council Member Marks made a substitute motion that the matter concerning the proposed anti-cruising ordinance be continued until the Adjourned Regular Meeting of the Mayor and Common Council to be held at 8:00 a.m., Friday, June 20, 1986. The motion died for lack of a second. COUNCIL MEMBERS HERNANDEZ AND Counci 1 Members Hernandez Council Meeting. FRAZIER EXCUSED and Frazier left the Council Member Strickler made a motion, seconded by Council Member Quiel, that said ordinance be adopted. The motion failed by the following vote: Council Members Quiel, Strickler. Noes: Council Estrada, Reilly, Marks. Absent: Council Hernandez, Frazier. Ayes: Members Members COUNCIL MEMBERS HERNANDEZ AND FRAZIER RETURNED Council Members Hernandez and Frazier returned to the Council Meeting and took their places at the Council Table. After further discussion, Council Member Estrada made a motion, seconded by Council Member Frazier and unani- mously carried, that the Chief of Police be instructed to meet within the next thirty days with the business owners and Council Members concerning the area along Mt. Vernon where cruising has become a nuisance. The purpose of the meeting will be to discuss the posting of signs on private property. The Chief of Police is instructed to continue with the Police Department's present enforcement program for cruising along Mt. Vernon for a period of sixty days and report back to the Mayor and Common Council on pro- gress made. The Chief of Police is also instructed to provide a report on the cost of addressing the cruising problem and how much the enforcement effort takes away from police efforts in other parts of the community. The cost report is to include the amount that the Police Department has generated in fines on traffic citations issued to cruisers during the period when enforcement was stepped up. 31 6/16/86 COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING - FISCAL YEAR 1986/1987 - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for consi- deration of the objectives and projected use of Community Development Block Grant funds for the Fiscal Year 1986/ 1987, as stated in a report by Ken Henderson, Manager of the Community Development Division of the Redevelopment Agency earlier in the meeting. (See Page 22) (R-13) Veterans' Alcoholic Rehabilitation Program Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the Veterans' Alcoholic Rehabilitation Program go before the Redevelopment Agency for a rehabilitation loan of $50,000 on their building, and that the City notify the County that the City is participating in funding the Veterans' Alcoholic Rehabilitation Program in the amount of $50,000 so that the County will go forward with $50,000 in mat- ching funds that they have offered. San Bernardino Committee Against Drugs Jeri Simpson, Chairman of the San Bernardino Commit- tee Against Drugs, was present to answer questions regard- ing the program. Acting City Administrator Schweitzer answered ques- tions regarding salary savings in the Police Department budget. Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that $44,500 be funded to the San Bernardino Committee Against Drugs, Inc. out of the City's General Fund for 1986/87. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. "E" Street Revitalization Committee Council Member Estrada made a motion, seconded by Council Member Hernandez and unanimously carried, that the requested $2,000 for a sub-committee for the downtown "E" Street revitalization be deleted; that Irmi Blum be selected as the member of a committee set up specifically for the purpose of development of a comprehensive view of what should be done downtown, and that the request for $2,000 for funding be referred to the City/County Downtown Joint Power Authority for funding. St. Stephens Ministries - Good Samaritan Shelter for the Homeless Reverend Jesse McKinney requested funding to support the Good Samaritan Shelter for the Homeless. Dr. Robert Nesbitt and Mr. Stephen Mitchell spoke regarding St. Stephens Ministries. No official action was taken at this time. further action this page) (See Easter Seals Council Member Strickler made a motion, seconded by Council Member Quiel, that $20,000 be granted to the Eas- ter Seals Society. The motion fai led by the following vote: Ayes: Council Members Reilly, Quiel, Strickler; Noes: Council Members Hernandez, Frazier. Absent: Council Member Marks. Abstain: Council Member Estrada. 32 6/16/86 St. Stephens Ministries - Good Samaritan Shelter for the Homeless Council Member Frazier made a motion to grant $10,000 to St. Stephens Ministries for the Good Samaritan Shelter for the Homeless. The motion died for lack of a second. Highland Council On Aging Council Member Frazier made a motion, Council Member Quiel and unanimously carried, the allocation for the Highland Counci 1 $30,000. seconded by to increase on Aging to Inland County Regional Center A representative from the Inland County Regional Center was present to answer questions and explained that although the center has relocated to Colton, the $50,000 allocation made by the City pays for two nurses providing services to families in San Bernardino. Ken Henderson, Manager of the Community Development Division of the Redevelopment Agency, stated that this program is considered by staff to be one of the best Com- munity Development Block Grant Programs. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the Inland County Regional Center be funded $50,000. Rolling Start - Lifeline Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the Rolling Start - Lifeline be funded $10,000. Rolling Start - Deaf Services Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the Rolling Start - Deaf Services be funded $5,590. Family Service Agency Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the Family Service Agency be funded $68,000. CONTINUANCE OF MEETING At 6:15 p.m., Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously car- ried, that the meeting continue in session until 8:00 p.m. West Side Community Development Corporation Council Member Frazier made a motion, seconded by Council Member Hernandez, that the West Side Community Development Corporation be funded $40,000. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier. Noes: Council Members Quiel, Strickler. Absent: Council Member Marks. Y.W.C.A. Rehabilitation of Main Entrance Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the rehabilitation of the main entrance to the Y.W.C.A. be funded $51,566. 33 6/16/86 Center for Individuals with Disabilities - Storage Area Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the Center for Individuals with Disabilities Storage Area be funded $20,000. American Youth Soccer Organization - Lighting Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the lighting for the American Youth Soccer Organization be funded $48,784. Home of Neighborly Service - Driveway Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the driveway for the Home of Neighborly Service be funded $1,700. Street Lights - Fifth Street - Waterman Avenue - Third Street - Sierra Way Council Member Hernandez made a motion, seconded by Council Member Estrada and unanimously carried, that the street lights for Fifth and Third Streets, Waterman Avenue and Sierra Way be funded $78,400. Street Lights - Mt. Vernon Avenue 9th to 21st Streets Council Member Hernandez made a motion, seconded by Council Member Estrada and unanimously carried, that the street lights for Mt. Vernon from 9th to 21st Streets be funded for $145,500. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. Rio Vista Park Development - Inland Mediation - Community Housing Resources Board Annie Ramos, Director of Parks, Recreation and Community Services, explained the planned improvements to Rio Vista Park if funding is approved. Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, to decrease the two housing services allocations by $5,000 each for Inland Mediation and the Community Housing Resources Board, and to reduce the allocation for Rio vista Park Development by $3,590 to $96,410. COUNCIL MEMBER STRICKLER RETURNS Council Member Strickler returned to the Council Meeting and took his place at the Council Table. Handicap Accessibility at City Parks - Phase I Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the Handicap Accessibility at City Parks, Phase I, be funded $44,050. perris Hill Park - Senior Center Design Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the Perris Hill Park Senior Center Design be funded $60,000. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. 34 6/16/86 Patton Park Funding Annie Ramos, Director of the Parks, Recreation and Community Services Department, requested that the funding for Patton Park be reinstated. She explained that there was an agreement between the State of California and the City of San Bernardino for the purchase of Patton Park, and that the City is required to develop the park within a certain period of time. She stated that the City has requested a two year extension period from the State, which ends in March, 1987. She asked the Council to con- sider allocating $275,000 to green belt the lower half of the park and showed a rendering. Ken Henderson, Manager of the Community Development Division of the Redevelopment Agency, answered questions regarding the amount of money available in contingency funds. Council Member Quiel made a motion, seconded by Council Member Strickler, that the Redevelopment Agency and the Parks, Recreation and Community Services Depart- ment be instructed to look at 1985/86 Community Develop- ment Block Grant funds for possible development of Patton Park; that the Parks, Recreation and Community Services Department is instructed to prepare a report showing the amount invested in Patton Park, the cost of development and the amount the City would lose if development of the park is not completed before the State of California dead- line of March, 1987. The motion carried by the following vote: Council Members Estrada, Reilly, Quiel, Strickler. Council Member Hernandez. Absent: Council Members Frazier. Ayes: Noes: Marks, COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. Counc i 1 Member Qu i e 1 made a mot i on, seconded by Council Member Reilly and unanimously carried, that the 1986/1987 Community Development Block Grant hearing be closed and that staff be authorized to submit the State- ment of Objectives and projected Use of Funds to the United States Department of Housing and Urban Development. COMMUNITY DEVELOPMENT FUNDING CDBG 1986/1987 PROGRAM YEAR NON-PROFIT AGENCIES No. Agency Funding Approved 7 11 16 17 18 31 Highland Council on Aging Inland Counties Regional Center S.B. West Side CDC Rolling Start - Lifeline Rolling Start - Deaf Services Family Service Agency $ 30,000 50,000 40,000 10,000 5,590 68,000 Subtotal $203,590 35 6/16/86 No. 2 6 9 12 20 21 24 28 29 CAPITAL IMPROVEMENTS Agency Funding Approved Y.W.C.A. Rehab & Main Entrance Center for Individuals with Disabilities (Storage Area) American Youth Soccer Organization (Lighting) Home of Neighborly Service (Driveway) Street Lights - 3rd & 5th Streets, Waterman Avenue, Sierra Way *Street Lights - Mt. Vernon Avenue, 9th to 21st Streets Rio Vista Park Development Handicap Accessibility at City parks (Phase I) Perris Hill Park - Design Senior Center Subtotal 51,566 20,000 48,784 1,700 78,400 145,500* 96,410 44,050 60,000 $546,410 *Engineering Department provided estimates which allow for project to be completed in full at the recommended funding level. No. 3 4 FAIR HOUSING Agency Funding Approved Inland Mediation Community Housing Resources Board Subtotal Total Community Development Block Grant Funds Allocations for 1986-87 COUNCIL MEMBER ESTRADA RETURNED Counci 1 Member Estrada returned Meeting and took her place at the Council to the Table. ORD. MC-527 - AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT. $20,000 20,000 $40,000 $790,000 -------- -------- Council City Clerk Clark read the title of the ordinance. (RS-l) Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that said ordinance be adopted. Ordinance MC-527 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Council Members Marks, Frazier. EDISON LICENSE AGREEMENT - VILLA CIELO APARTMENTS - STATE COLLEGE In a memorandum dated June 12, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, stated that the Southern California Edison Company prepared a license agreement between the City and Edison relating to the use and maintenance of Villa Cielo, a 160-unit apart- ment project located east of University between College Avenue and State Street. (RS-2) 36 6/16/86 Council member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the Mayor and Common Council be authorized to execute a license agreement between the City of San Bernardino and Southern California Edison regarding that parcel of pro- perty identified as Parcel 4 of Parcel Map 5223, Book 51, Pages 71-72. RES. NO. 86-248 - RESOLUTION OF THE CITY OF SAN BERNARDINO, OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AUTHOR- IZING AND DIRECTING THE EXECUTION OF A STANDARD AGREEMENT AND ANY RELATED DOCU- MENTS WITH THE STATE OF CALIFORNIA FOR THE IMPLEMENTATION AND PARTICIPATION IN THE RENTAL HOUSING CONSTRUCTION PROGRAM, IN THE FORM OF A FIFTH AMENDMENT TO CONTRACT 80- RHC- 003. (Dorjil Estates) (RS-3) City Clerk Clark read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived and that said reso- lution be adopted. vote: Quiel, Marks, Resolution No. 86-248 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Strickler. Noes: None. Absent: Council Members Frazier. SECCOMBE LAKE PARK PROJECT - SECCOMBE LAKE STUDY TEAM - MEETING REPORT In a memorandum dated June 13, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, stated that a Seccombe Lake Study Team consisting of Agency staff, City staff and Council Members Estrada and Reilly has been formed and has held its first meeting. (RS-4) Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that the report of the Seccombe Lake Study Team be received and filed. INDUCEMENT RESOLUTIONS AND TEFRA PUBLIC HEARINGS EXPIRATION - VARIOUS PROJECTS In a memorandum dated June 13, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, made recommendations concerning inducement resolutions and TEFRA Public Hearings that currently have a six-month life and are due to expire on June 23, 1986. (RS-6) Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the Mayor and Common Council allow the Inducement and TEFRA Multifamily IDB resolutions to expire in accordance with the multifamily IDB policy adopted by the Mayor and Common Council on December 23, 1985, and that policy alternatives be developed by staff and Empire Economics relative to the review, evaluation and approval of each multifamily IDB project, in accordance with the recently adopted Compre- hensive Housing policy. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council 37 6/16/86 RES. NO. 86~249 ~ RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECU- TION OF AN AGREEMENT WITH JACK MATZER, JR., COMPROMISING A DISPUTE CONCERNING TERMINATION OF PUBLIC SERVICE. City Clerk Clark read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived. Discussion was employees who quit or of duties. held concerning the benefits for are dismissed due to non-performance Counci 1 Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 86-249 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: Council Member Marks. RES. NO. 86-250 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING GUIDELINES FOR REPURCHASE BY THE BOARD OF WATER COM- MISSIONERS OF SEWER CAPACITY RIGHTS HELD BY PRIVATE HOLDERS. City Clerk Clark read the title of the resolution. Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived and that said reso- lution be adopted. Resolution No. 86-250 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. ANIMAL ADVISORY ELECTION RESULTS Margo Tannenbaum of the Direct Action Team for Animals, introduced the group's legal counsel, Don Fagen, who asked the Council to set a time to hear errors that occurred in the Animal Advisory Election, Measure HH. City Clerk Clark read from Elections Code Section 17180, which states that when requested by the Board of Supervisors or the Grand Jury, the District Attorney may petition the Superior Court for an order directing a pub- lic recount of ballots, and explained that since the election was conducted by the Registrar of Voters, any complaints regarding the election would have to be brought before the San Bernardino County Board of Supervisors. No official action was taken. RECESS MEETING - CLOSED SESSION At 7:07 p.m., Council Member Quiel made a motion, seconded by Counci 1 Member Hernandez and unanimously carried, that the Common Council recess to Closed Session pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party, Rezes vs. City of San Bernardino, Case No. FEP 84-85 J2-0581p; to meet with its Designated Representatives regarding labor relations matters pursuant to Government 38 6/16/86 Code Section 54957.6; to consider personnel matters pur~ suant to Government Code Section 54957; to discuss the discrimination complaint of Richard Flores Romero, Case No. FEP 84-85 J2-0481p, before the Department of Fair Employment and Housing. (19 & 20) The Council Frazier, Marks. motion carried by the following vote: Members Estrada, Reilly, Hernandez, Strickler. Noes: None. Absent: Council Ayes: Quiel, Member CLOSED SESSION At 7:07 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, Acting City Admi- nistrator Schweitzer; Director of Personnel perlick, Executive Assistant to the Council Arvizo, Deputy Director of Emergency Services Gadbois. Absent: Council Member Marks. DIRECTOR OF PERSONNEL PERLICK AND EXECUTIVE ASSISTANT TO THE COUNCIL ARVIZO EXCUSED Director of Personnel Perlick and Executive Assistant to the Council Arviso were excused from the Closed Ses- sion. ADJOURN CLOSED SESSION At 8:05 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 8:05 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, Acting City Admi- nistrator Schweitzer. Absent: Council Member Marks. ADJOURNMENT At 8:05 p.m., Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the meeting be adjourned to 8:00 a.m., Friday, June 20, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ~/ld~ / City Clerk 39 6/16/86