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HomeMy WebLinkAbout01-21-1985 Minutes City of San Bernardino, California I. January 21, 1985 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 9:03 a.m., on Monday, January 21, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by the Rev. Elijah Single- tary, New Life Missionary Baptist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Strickler. .. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Member Marks. . RESOLUTION COMMENDING STEWARD LOGSDON - PARKS AND RECREATION COMMISSION Lorraine Velarde, Administrative Assistant to the Mayor, read a resolution of the Mayor commending Steward Logsdon, Vice Chairman of the Parks and Recreation Commis- sion, for outstanding service to the City of San Bernar- dino. Mr. Logsdon resigned from this position on December 6, 1984. Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, to ap- prove the resolution commending Steward Logsdon. COUNCIL MEMBER MARKS ARRIVED At 9:05 a.m., Council Member Marks arrived at the Council Meeting and took his place at the Council Table. ~ PROCLAMATION - NATIONAL HEAD INJURY FOUNDATION Lorraine Velarde, Administrative Assistant to the Mayor, read a proclamation of the Mayor commending the National Head Injury Foundation, Inc. for the work they are doing in assisting victims with head injuries, and praising the Foundation for the formation of a Southern California Chapter. Mrs. Jean Sandhorst, President of the Southern Cali- fornia Head Injury Foundation, Inc., Dr. Kenneth Fisher, Clinical Neurological psychologist, Advisor to the Founda- tion, Mary Hunt, Advisor to the Area Support Group, repre- senting San Bernardino Community Hospital, and Barbara Roberts, Local Area Support Youth Leader, were present to accept the Proclamation. PRESENTATION - MEXICALI - VILLA HERMOSA - SISTER CITY EXCHANGE COMMITTEE Celita Gomez, President of the Mexicali-Villa Hermosa Sister City Exchange Committee presented a plaque to Mayor Holcomb from Francisco Santana Peralta, Mayor of Mexicali, in appreciation of support and friendship between the two Cities. . . APPOINTMENT - ARTHUR FERRIN - FIRE COMMISSION Pursuant to a memorandum dated January 10, 1985 from Council Member Hernandez, Mayor Holcomb appointed Arthur Ferrin, 2505 Foothill Blvd., to serve as a member of the Fire Commission. Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that the appointment of Arthur Ferrin, 2505 Foothill Blvd., as a member of the Fire Commission be confirmed. SET MEETING DATE - FRIDAY, JANUARY 25, 1985 Mayor Holcomb stated that several Park Centre items had not been finalized for today's meeting and that Rede- velopment Staff had recommended a meeting be held on Fri- day, January 25, 1985, at 2:00 p.m. to consider these items. (Reconsidered later in meeting. See Page 30) APPROVE MINUTES - DECEMBER 17, 1984 Council Member Quiel made a motion, seconded by Council Member Strickler, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 17th of December, 1984, as submit- ted in typewritten form. (1) . The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Marks. . APPROVE MINUTES - DECEMBER 28, 1984 Council Member Strickler made a motion, seconded by Council Member Reilly, to approve the minutes of the meet- ing of the Mayor and Common Council of the City of San Bernardino held on the 28th of December, 1984, as submit- ted in typewritten form. (2) The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Members Marks, Quiel. - DISABILITY RETIREMENT - ARTHUR CAMPBELL - FIRE DEPARTMENT In a memorandum dated January 8, 1985, Ronald SOlheim, Director, Emergency services and Risk Management, recommended the approval of the disability retirement of Arthur Campbell. (3) City Administrator Matzer answered questions relative to disability retirements and the possibility of light duty assignments for individuals requesting disability retirement. Council Member Reilly made a motion, seconded by Council Member Castaneda and unanimously carried, that the Mayor and Common Council hereby find Arthur Campbell to be incapacitated for the performance of his duties as a Fire Engineer and that this finding be certified to the Public Employees Retirement System, as provided in Section 21025 of the Government Code, together with a request that Mr. Campbell be placed on Disability Retirement. , DISABILITY RETIREMENT - GERALD J. GARCES - FIRE DEPARTMENT Pursuant to a memorandum dated January 8, 1985, from Ronald Solheim, Director of Emergency Services and Risk Management, Council Member Reilly made a motion, seconded by Council Member Castaneda and unanimously carried, that 2 1/21/85 . the Mayor and Common Council hereby find Gerald J. Garces to be incapacitated for the performance of his duties as a Fire Fighter and that this finding be certified to the Public Employees Retirement System, as provided in Section 21025 of the Government Code, together with a request that Mr. Garces be placed on Disability Retirement. (4) DISABILITY RETIREMENT - PAUL PHILLIP JANEWAY - FIRE DEPARTMENT Pursuant to a memorandum dated January 8, 1985, from Ronald Solheim, Director of Emergency Services and Risk Management, Council Member Reilly made a motion, seconded by Council Member Castaneda and unanimously carried, that the Mayor and Common Council hereby find Paul P. Janeway to be incapacitated for the performance of his duties as a Fire Fighter and that this finding be certified to the Public Employees Retirement System, as provided in Section 21025 of the Government Code, together with a request that Mr. Janeway be placed on Disability Retirement. (5) . DISABILITY RETIREMENT - PHILIP SATALLANTE - FIRE DEPARTMENT Pursuant to a memorandum dated January 8, 1985, from Ronald Solheim, Director of Emergency services and Risk Management, Council Member Reilly made a motion, seconded by Council Member Castaneda and unanimously carried, that the Mayor and Common Council hereby find Philip Satallante to be incapacitated for the performance of his duties as a Fire Fighter and that this finding be certified to the Public Employees Retirement System, as provided in Section 21025 of the Government Code, together with a request that Mr. Satallante be placed on Disability Retirement. (6) . CLAIM - BRENDA JOHNSON In a memorandum dated January 4, 1985, Ronald Sol- heim, Director of Emergency Services and Risk Management, requested settlement of a claim in the sum of $9,519.41, as a full and complete release as one-third of the award of arbitrator Judge William Friedrich, (Retired) in the matter of Brenda Johnson, et al vs. City of San Bernar- dino, et al. for injuries received on or about October 31, 1979,in the area of 2775 Genevieve, San Bernardino, when claimant stepped into a deep hole covered by grass on City property. (7) ~ Council Member Reilly made a motion, seconded by Council Member Castaneda and unanimously carried, that the claim of Brenda Johnson be tabled. WEED ABATEMENT ASSIGNMENTS - RATIFICATION In a memorandum dated January 8,1985, Lorraine Velarde, Administrative Assistant to the Mayor, listed certain weed abatement projects that had been assigned and completed and recommended they be ratified. (8) Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the weed abatement assignments given to those organizations listed below be ratified. , Junior All-American Football San Bernardino Cosmos Soccer-Boys Black Unity Assn., Chapter II Delmann Heights Community Center Living Water Church of God San Bernardino Cosmos Soccer-7l Explorer Post 20, 3rd Ward Code Minors Clogging Club $250 250 250 250 250 250 250 3 1/21/85 '. Cosmos Gold 71 Soccer Team-Girls Goldbustors Track Team San Bernardino Pop Warner Football Art Activity Club Boys & Girls Swim Club for San G San Gorgonio Aqua Athletic Booster Boy Scouts of America - CIEC Cajon High School Soccer Team Pack 16 Cub Scouts Rascals Girls Softball Team Johnson Community Hall Encanto Pony League Concerned Christian School and Child Care Center Cub Scouts Pack 38 Neighborhood Help-Group Curtis Jr. High Girls Basketball 250 250 250 250 250 250 250 250 250 500 500 200 250 250 250 250 VICTORIA AVENUE - WIDENING - RIVERSIDE CONSTRUCTION - ACCEPTANCE OF WORK In a memorandum dated January 10, 1985, Roger Hard- grave, Director of Public Works/City Engineer, stated that the widening of Victoria Avenue, from Highland Avenue to a point 2,641 feet north, was satisfactorily completed on December 17, 1984, for an actual final contract price of $155,242.02. (9) . Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the work performed by the contractors, in accordance with Specifications No. 4891, be approved and accepted; and that final payment be authorized at the expiration of the lien period. . CLAIMS AND PAYROLL Council Member Hernandez made a motion, Council Member Marks and unanimously carried, demands against the City and authorize the warrants as follows: seconded by to approve issuance of (10) 1. Approve the register of demands dated: December 17, 1984 December 26, 1984 January 7, 1985 84/85 #23 84/85 #24 84/85 # 25 - $ 781,134.36 1,658,785.65 771,223.05 2. Approve a supplement to the gross payroll for the period November 12, 1984, through November 24, 1984, in the amount of $135.69. 3. Approve the total gross payroll for the period November 26, 1984, through December 9, 1984, in the amount of $1,110,010.59. 4. Approve a supplement to the gross payroll for the period November 26, 1984, through December 9, 1984, in the amount of $-0-. 5. Approve the total gross payroll for the period December 10, 1984, through December 23, 1984, in the amount of $1,106,913.02. PERSONNEL ACTIONS Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the Personnel actions submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino be approved and ratified as follows: (11) , 4 1/21/85 APPOINTMENTS . Police Department Police Officer - Effective January 28, 1985 Thomas M. Adams Craig A. Carignan Parks, Recreation & Community Services Ricardo D. Anaya - Park Maintenance Supervisor (MM) - Effective January 28, 1985 Linda S. Angelosante - Program Specialist - Effective January 22, 1985 TEMPORARY APPOINTMENTS Fire Department Fire Fighter Trainee - Effective January 28, 1985 Craig B. Alder Luke M. Terry Tony G, Page . Parks, Recreation & Community Services Senior Services Aide - Effective December 24, 1984 Hubert C. French Arthur D. Ramos Odessa M. Walker - Coach Operator - Effective December 24, 1984 Gladys M. Jackson - Recreation Specialist - Effective December 24, 1984 Kris O. Larsen - Supervising Lifeguard - Effective December 24, 1984 Recreation Aide - Effective December 24, 1984 Roselyn Y. Anderson Clarissa Gonzales Joan M. Oblesbee James L. Beaumont Rudolph D. Jones Adrian F. Reynosa , Lifeguard - Effective December 24, 1984 Edward J. Bustamante Brian C. May Jill K. McPeters Andrew P. Kruk John G. McGinness Bradley S. Powers Senior Recreation Leader - Effective December 24, 1984 James C. Cremer Stella Gonzales Darrell Funn Recreation Leader - Effective December 24, 1984 Chris R. Feicho Hershey L. Nation Curtis W. Peete Monica W. Harley Susana Ochoa Hasan Parks SBETA Administration Barbara A. Fronton - Intermediate Clerk - Effective January 22, 1985 . Police Department Raymond F. Lara - Crossing Guard - Effective January 8, 1985 5 1/21/85 PROMOTIONAL APPOINTMENTS . Police Department Cheri L. Allender - Police Assistant - Intermediate Typist Clerk to Police Assistant - Effective January 22, 1985 Intermediate Typist Clerk - Junior Typist Clerk to Intermediate Typist Clerk - Effective January 8, 1985 Crystal L. Lusk Rachel Humildad Fire Department Engineer - Fire Fighter to Engineer - Effective January 28, 1985 Steven D. Avila Brian G. Pettey VOLUNTARY DEMOTION . Police Department Roxana N. Guillen - Intermediate Typist Clerk - Complaint Desk Coordinator to Intermediate Typist Clerk - Effective January 8, 1985 REINSTATEMENT OF LEAVE OF ABSENCE City Clerk's Office patricia G. Aguilera - Intermediate Typist Clerk - October 1, 1984 to November 5, 1984 - Effective November 5, 1984 LEAVE OF ABSENCE Central Garage Vincente C. Cornego - Welder II - January 22, 1985 to February 13, 1985 - Effective January 22, 1985 , APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' DECISION - COSTS OF ABATEMENT - 947 WEST 6TH STREET This is the time and place set for a hearing filed by Robert L. Zweig, Peartrei properties, Inc. on the decision of the Board of Building Commissioners relative to costs of abatement on property located at 947 West 6th Street. (12) Mayor Holcomb opened the hearing. Applicant Robert L. Zweig was not present. Jack Rosebraugh, Superintendent of Building and Safety, answered questions and stated that the usual cost of this type of abatement is $1200 to $1600, but in this case, there was a basement which had to be removed and the area compacted, thus causing additional costs which ex- ceeded the estimate. Council Member Quiel made a motion, seconded by Council Member Castaneda and unanimously carried, that the hearing be closed and the costs of abatement of a hazar- dous condition be affirmed. . APPEAL HEARING - PLANNING COMMISSION'S DECISION - CONDITIONAL USE PERMIT NO. 671 - 44TH & SIERRA WAY - RUMOURS BEER BAR The Mayor and Council discussed the appeal scheduled for 7:00 p.m. this evening in the Council Chambers regard- ing Conditional Use Permit No. 671. This concerns dance 6 1/21/85 and live entertainment at an existing beer bar located at 44th Street and Sierra Way, known as Rumours Bar. (13) . Mayor Holcomb stated that a transcript of the Plan- ning Commission Meeting of December 3, 1984, will be pro- vided to each Council Member and asked that Council Mem- bers read the document prior to the hearing this evening. Frank Schuma, Planning Director, answered questions regarding the preparation of the transcript. City Attorney Prince answered questions that Attorney E. Toby Bowler, representing Robert Sullivan, asked that the entire Planning meeting be transcribed, word for word. and stated Appellant Commission The Mayor and Council discussed the hearing proce- dure. No formal action was taken. meeting. See page 35) (Considered later in . APPEAL HEARING - PLANNING COMMISSION'S DECISION - CONDITIONAL USE PERMIT NO. 84-61 - 247 E. 40TH STREET This is the time and place set for an appeal by Peter D'Amico, Best California Gas, Ltd. on the Planning Commis- sion's decision of approval for Conditional Use Permit No. 84-61 to permit a mini market in conjunction with an ex- isting service station in the C-3A Limited General Commer- cial Zone. (14) Frank Schuma, Planning Director, explained that the appeal concerns one of the conditions of approval that indicated that two drive-way approaches on 40th Street be closed and one new drive-way be constructed. A representative of the appellant answered ques- tions, stating he did not know if there was an easement to the property involved. Frank Schuma answered questions relative to Condition No. 7 which relates to beautification and landscaping and stated this is a standard requirement. , Council Member Marks made a motion, seconded by Council Member Quiel, that Conditional Use Permit No. 84-61 be continued to Monday, February 4, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, in order to clarify the easement issue. PLANNING COMMISSION REPORT At the Planning Commission held on January 8, 1985, the following recommendations were made: That the application for General Plan Amendment No. 84-4, Applicant Harwood In- vestment, located on the south side of Century Avenue and approximately 360 feet west of Camino Real, be approved per reso- lution of the Planning Commission No. 85-1 and Exhibit IV contained in the staff re- port dated January 8, 1985. . The Negative Declaration for environmental review was also recommended for approval. (15) 7 1/21/85 . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, to approve responses to comments and to adopt the Negative Declara- tion for environmental review which has been reviewed and considered. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, to approve the findings and the recommendation of the Planning Com- mission and to direct the City Attorney to prepare the necessary amendments to the Zoning Ordinance. That the application for Change of Zone No. 84-27, Applicant, Fairway Engineering, located at the southwesterly corner of Cajon Blvd. and June Street and extending to Devil Creek Channel, (Prezone for Annexa- tion) be approved for R-1-7200 Single-Fami- ly Residential and C-M Commercial-Manufac- turing zoni ng. The Negative Declaration for environmental review was also recommended for approval. (16) . Council Member Frazier made a motion, seconded by Council Member Castaneda and unanimously carried, to ap- prove the responses to comments and to adopt the Negative Declaration for environmental review which has been re- viewed and considered. Council Member Frazier made a motion, seconded by Council Member Castaneda and unanimously carried, to ap- prove the responses to comments and to adopt the Negative Declaration for environmental review which has been re- viewed and considered. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' DECISION - ABATEMENT OF PROPERTY - 5718 NORTH "D" STREET - MR. AND MRS. TED BAIR This is the time and place set to consider an appeal filed by Mr. and Mrs. Ted Bair on the Board of Building Commissioners' decision relative to abatement of property located at 5718 North "D" Street. (17) , Mr. Ted Bair, 5704 North "E" Street, explained his loan package. He stated he is now eligible for a VA Loan and has has applied for a loan at First Interstate Bank. He expects to receive confirmation of the loan within 10 to 14 days from last week. Jack Rosebraugh, Superintendent of Building and Safety, explained previous actions taken relative to this matter and stated that some progress has been made, in that the trailer has been removed, but there are still open ditches and complaints from neighbors have been re- ceived. He stated that if a loan is forthcoming, Mr. Bair should proceed as quickly as possible. Mr. Ted Bair, Applicant, stated that the loan is for six months only, and he should receive the loan within the next two or three weeks, so work should be completed in a timely manner. . Council Member Quiel made a motion, seconded by Council Member Castaneda and unanimously carried, that the appeal relative to abatement of property at 5718 North "D" Street be continued to Monday, March 4, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to see what progress has been made. 8 1/21/85 . SET APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' RESOLUTION NO. 994 - ABATEMENT OF PROPERTY - llll W. BASE LINE STREET In a letter dated January II, 198~, Marvin R. Taylor, 23611 Duryea, El Toro, California 92630, requested a hear- ing before the Mayor and Common Council to consider the Board of Building Commissioners' Resolution No. 994, con- cerning abatement of property located at 1111 W. Base Line Street. (18) Jack Rosebraugh, Superintendent of Building and Safety, explained various actions taken regarding this property. The matter first came before the Board of Building Commissioners in 1981. Council Member Quiel made a motion, seconded by Council Member Castaneda and unanimously carried, that an appeal hearing be set for March 18, 1985, at 2:00 p.m" in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to consider an appeal filed by Marvin R. Taylor on Board of Building Commissioners' deci- sion of abatement for property located at 1111 W. Base Line Street, . SET APPEAL HEARING - UNLAWFUL CONDEMNATION - CALIFORNIA HOTEL - 524 NORTH "E" STREET In a letter dated January 11, 1985, Robert E. Schaefer, set forth a partial background of the proceed- ings involving abatement of the California Hotel, 524 North "E" Street. He requested a public meeting of suf- ficient time to adequately present the entire issue of the proposed condemnation of the property in question. (19) Council I"Iember Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to set an appeal hearing on Monday, February 18, 1985 at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to consider the con- demnation of the California Hotel, 524 North "E" Street, by the Board of Building Commissioners. , RELOCATION OF LOCOMOTIVE "3751" FROM VIADUCT PARK In a memorandum dated January 14, 1985, Mayor Holcomb presented a letter dated January 11, 1985 from D. S. Brittin, President of the San Bernardino Railroad Histor- ical Society, Inc. relative to the relocation of Locomo- tive "37:;1" out of Viaduct Park. 'fhis relocation is ne- cessitated because the lease agreement with the Santa Fe Land Management Company is due to expire on April 30, 1985. It was suggested that the undeveloped western por- tion of Nunez Park would be a satisfactory "home base" for Locomotive "3751". (20) Mayor Holcomb suggested an ad hoc committee be formed to review various options relative to the relocation of Locomotive "37:;1". Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, to estab- lish an ad hoc committee comprised of Council Members Castaneda, Reilly and Hernandez to study the issue of the relocation of Locomotive "3751", and bring back a report in 30 days. . Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that Council Member Castaneda act as Chairman of the ad hoc committee on the relocation of Locomotive "3751". 9 1/21/85 . Dan Rodriguez, representing the San Bernardino Rail- road Historical Society, was present and stated the So- ciety was interested in the preservation of Locomotive "3751", the possibility of making it operational and recommended its removal to Nunez Park. COUNCIL MEMBER QUIEL LEFT Council Member Quiel left the Council Meeting. COUNCIL PERSONNEL COMMITTEE REPORT - JANUARY 18, 1985 Council Member Hernandez, Chairman of the Council Personnel Committee, presented the Personnel Committee Report for the meeting of January 18, 1985. The following item was discussed: Realignment of Purchasing Division Positions. The Committee recommended the following: re- cruitment for Senior Buyer position at Rpnge 2105; lower- ing the salary range of Senior Buyer from Range 2112 to Range 2105, at a savings of approximately $2,000. The Committee also requested City Administrator Matzer to survey the Buyer position and report findings, with recom- mendations, at budget hearings. (21) . Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, to approve the Personnel Committee recommendations. LEGISLATIVE REVIEW COMMITTEE - JANUARY 17, 1985 Council Member Strickler, Chairman of the Legislative Review Committee, presented the Committee report of the meeting of January 17, 1985. The following items were discussed: (1) Ordinance Amendment-Nonconforming build- ings and nonconforming uses; (2) Housing development and housing assistance policies (RDA); (3) Sewer capacity rights-terms; (4) Request to appear - Humane Society Di- rector, Mike Mele and Dr. Chandler, Animal Advisory Com- mission Chairman; (5) Standards for vacant buildings in Parking District vacant in excess of 180 days. (22) , NONCONFORMING BUILDINGS - NONCONFORMING USES AMENDMENT TO SAN BERNARDINO MUNICIPAL CODE Council Member Strickler made a motion, seconded by Council Member Castaneda, to instruct the City Attorney to prepare an amendment to Section 19.66.030 of the San Ber- nardino Municipal Code relative to nonconforming buildings and nonconforming uses and recommended its adoption. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table SEWER CAPACITY RIGHTS - MULTI-FAMILY UNITS - DENY REQUEST - FINANCIAL REALTY INVESTMENTS Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, to deny the request for sewer capacity rights for multi-family units (Financial Realty Investments). Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that the Legislative Review Committee report of January 17, 1985 be received and filed. . CHANGE OF ZONE NO. 84-26 - EAST OF VALENCIA - SOUTH OF BERNARD WAY In a memorandum dated January 18, 1985, Mayor Holcomb explained that Change of Zone No. 84-26 as initiated by William Hellyer, to rezone approximately 3.36 acres lo- cated east of Valencia, south of Bernard Way, adjacent to the Harrison Basin Flood Control Dike from Open Space to 10 1/21/85 Rl-7200 was expanded to add approximately 18 acres by the Planning Commission December 4, 1984. This action caused considerable concern to residents in the area. . council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, to direct the Planning Commission to terminate the rezoning action for approximately 18 acres of land located 613 feet east of centerline of Valencia, 460 feet south of Bernard Way extending approximately 140 feet north of Marshall Blvd. as related to Change of Zone No. 84-26 and to direct that a letter be sent to all property owners that they will not be included in the zone change. BUDGET - FISCAL YEAR 1984-85 - CARRY OVERS In a memorandum dated January 10, 1985, Warren A. Knudson, Director of Finance, explained prior year carry- over items and recommended action by the Mayor and Common Council to formally incorporate these prior year items into the 1984/85 Budget. (23) . Council Member Marks made a motion, seconded by Council Member Castaneda and unanimously carried, that the list of continuing appropriations and encumbrances sub- mitted by the Finance Director's memorandum dated January 10, 1985, be approved for inclusion in the 1984-85 Budget. TRANSFER OF FUNDS - PURCHASE OF DIESEL TRACTOR SKIP LOADER - ADVERTISE FOR BIDS - PARK DIVISION In a memorandum dated January 9, 1985, Annie F. Ramos, Director of Parks, Recreation and Community Ser- vices, explained that the scope of the Department work has changed to include grading, irrigation installation, land- scaping and renovation of large areas and heavier general cleanup of undeveloped land, which has caused an increase of work load for the present tractor. This tractor will not do the work presently required, so there is a dire need for a new tractor. (24) . Counc i 1 Member Ma rk s made a mot i on, seconded by Council Member Castaneda and unanimously carried, that the Director of Finance be directed to transfer $20,000 from Park Division salary savings and $12,000 from Park Divi- sion Equipment Outlay designated for purchase of a 3/4 Ton Truck for a total of $32,000 to be used for purchase of diesel tractor, skip loader. Counci 1 Member Marks made a motion, seconded by Council Member Castaneda and unanimously carried, that the City Purchasing agent be authorized to prepare the appro- priate specifications and advertise for bids for the pur- chase of a diesel tractor, skip loader as required by the Parks, Recreation and Community Services Department. COUNCIL MEMBER FRAZIER LEFT Council Member Frazier left the Council Meeting. LASSEN STREET IMPROVEMENT DISTRICT In a memorandum dated January 2, 1985, Roger Hard- grave, Director of Public works/City Engineer, stated that a petition had been received from 100% of property owners in the area requesting the formation of an assessment dis- trict for construction and installation of street improve- ments in Lassen Street, north of Basel ine Street. (26) . Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the City Engineer and City Clerk are authorized to initiate proceedings for the establishment of an assessment dis- II 1/21/85 . trict under the provisions of Chapter 12.90 of the San Bernardino Municipal Code and that the City Engineer is directed to prepare an Engineer's Report for the construc- tion and installation of curbs, gutters, paving, culverts, berms, water lines, street lights and all incidentals thereto in Lassen Street, north of Baseline Street in the City of San Bernardino. COUNCIL MEMBER REILLY LEFT Council Member Reilly left the Council Meeting. APPRAISAL OF PROPERTY - SOUTH SIDE OF 40TH STREET BETWEEN MT. VIEW AND ELECTRIC - ALIGNMENT OF 40TH STREET In a memorandum dated January 10, 1985, Roger Hard- grave, Director of Public Works/City Engineer, stated that the City had proposed the realignment of 40th Street be- tween Mt. View Avenue and Electric Avenue in 1978 and the land was appraised at that time. Because of the passage of time, a new appraisal is now needed to pursue the proj- ect of realignment of Fortieth Street. (27) . Mayor Holcomb suggested that a new appraisal may not be needed and recommended that the matter be continued until such determination could be made. Counc i 1 Member Ma rk s made a mot i on, seconded by Council Member Castaneda and unanimously carried, that the matter of the appraisal of property on the south side of 40th Street between Mt. View and Electric Avenue for the purpose of aligning 40th Street be continued to Monday, February 4, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. . GRADE CROSSING - SOUTHERN PACIFIC TRANSPORTATION COMPANY - EXTENSION OF TIME In a memorandum dated December 14, 1984, Roger Hard- grave, Director of Public works/City Engineer, stated that the authorizing order was issued on September 8, 1982, by the Public Utilities Commission for a grade crossing on the Southern Pacific rail-line at "K" Street. After the order was issued, the project was delayed due to the slow down of the National economy. The developer has now re- quested the City apply for an extension of time for the authorizing order which expired in September, 1984. (25) City Administrator Matzer answered questions as to the location of the grade crossing, stating that it is a new grade crossing, located by the Lytle Flood Control Channel near the Greek Orthodox Church. Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that the City Attorney be authorized and directed to prepare a formal application for an extension of time for Public Utilities Order, Decision 82-09-037 and to submit the application of the Public utilities Commission for approval. . CHANGE ORDER NO.3 - TOWN CREEK STORM DRAIN - CHANGING TIMES ENTERPRISES, INC. In a memorandum dated January 10, 1985, Roger Hard- grave, Director of Public Works/City Engineer, explained that the contractor encountered several conditions during construction that caused delays on the project. Most of 12 1/21/85 . the delays were attributable to conflicts with utility facilities and groundwater flowing into the trench. The amounts claimed for these delays by the contractor have been reviewed and found to be justifiable. (28) council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that Change Order No. 3 to the contract with Changing Times Enter- prises, Inc. for construction of Town-Warm Creek Storm Drain, in accordance with Plan No. 6202, be approved, to reimburse the contractor for equipment costs due to delays of relocation of underground facilities by utility com- panies, at an increase of $6,880.00 in the contract price, from $668,018.62 to $674,898.62; and that the work per- formed by the contractor in accordance with Specification No. 6341 be approved and accepted; and that final payment be authorized at the expiration of the lien period. . LONNIE TURNER APPEAL - STATEMENT OF DECISION AND NOTICE OF TIME LIMITS FOR FILING PETITION FOR WRIT OF MANDATE In a memorandum dated January 11, 1985, City Attorney Prince stated that the appeal of Lonnie D. Turner on the decision of the Public Safety Disability and Rehabilita- tion Commission was heard on December 3, 1984, and re- quested the Mayor and Common Council adopt the attached Statement of Decision; Notice of Time Limits for filing petition for Writ of Mandate as a formal decision in this matter. (29) City At to r ney pr i nce answered ques t ions 0 f the Council. Counci 1 Member Quiel made a motion, seconded by Council Member Castaneda and unanimously carried, to adopt the attached Statement of Decision; Notice of Time Limits for Filing petition for Writ of Mandate. . PRIMARY MUNICIPAL ELECTION SALARIES In a memorandum dated January 4, 1985, Shauna Clark, City Clerk, stated that prior to the Municipal Election to be held on March 5, 1985, it is necessary to set the rate of pay for Election Officers. The rate is the same as paid by the County, Statewide and Federal elections. (29a) Council Member Quiel made a motion, seconded by Council Member Castaneda and unanimously carried, that the City Clerk be authorized to pay Election Officers for the Primary Municipal Election to be held March 5, 1985, at the rate of $40.00 for Inspectors, $35.00 for all other Election Officers, (one Judge, two Clerks per board), and $30.00 for rental of polling places. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. COUNCIL MEMBER CASTANEDA LEFT Council Member Castaneda left the Council Meeting. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the title of all the resolu- tions 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. 13 1/21/85 . RES. 85-13 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH COMMUNICATION RESOURCES COMPANY RELATING TO TELEPHONE CONSULTING SERVICES. (31) Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 85-13 was adopted vote: Ayes: Council Members Reilly, Quiel, Frazier, Strickler. Noes: None. Member Castaneda. by the fOllowing Hernandez, Marks, Absent: Council RES. 85-14 - RESOLUTION OF THE CITY OF SAN BERNARDINO REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO PERMIT THE COUNTY REGISTRAR OF VOTERS TO RENDER SERVICES TO THE CITY OF SAN BERNAR- DINO, RELATING TO A MUNICIPAL ELECTION TO BE HELD ON MARCH 5, 1985. (32) Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted. . Resolution No. 85-14 was adopted vote: Ayes: Council Members Reilly, Quiel, Frazier, Strickler. Noes: None. Member Castaneda. by the following Hernandez, Marks, Absent: Council RES. 85-15 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1984-85 FOR THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA GOVERNMENT CODE. (33) Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 84-15 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Castaneda. . RES. 85-16 - RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, OVER CITY OWNED PROPERTY LOCATED EAST OF SOUTH "E" STREET AND SOUTH OF BLOOD BANK ROAD. (34) Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted. vote: Quiel, Member Resolution No. 84-16 was adopted by the following Ayes: Council Members Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Castaneda. COUNCIL MEMBER CASTANEDA RETURNED Council Member Castaneda returned to the Council Meeting and took his place at the Council Table. . RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH RELIABLE ELEVATOR CO. RELATING TO ELEVATOR MAINTENANCE SERVICE. (30) 14 1/21/85 Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolution be adopted. . City Administrator Matzer answered questions. Council Member Marks made a substitute motion, to reject all bids and direct the Purchasing Agent to nego- tiate the contract on a sole source basis. City Attorney Prince stated the Council should deter- mine that there is a sole source. Therefore competitive bidding was not a legal requirements. Council Member Marks amended his substitute motion, seconded by Council Member Castaneda, that the Council finds that the bid project is not a competitive bid and to reject all bids and direct the purchasing Agent to nego- tiate an appropriate maintenance contract for Council approval. A discussion ensued regarding the substitute motion. . City Attorney Prince stated that the Council would be in a safer legal position if they would make findings that competitive bidding was not a legal requirement based on a sole source or supplier. Wayne Overstreet, Superintendent of Public Buildings/ Parking Control, answered questions of the Council regard- ing the elevator maintenance contract. The amended substitute motion carried by the follow- ing vote: Ayes: Council Members Castaneda, Hernandez, Marks, Quiel, Strickler. Noes: Council Members Reilly, Frazier. . RES. 85-17 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING APPRAISER'S DETERMINA- TION OF FAIR MARKET VALUE OF VACANT LAND EAST OF WATERMAN AVENUE AND NORTH OF FREE- WAY 1-10 IN THE CITY OF SAN BERNARDINO, RATIFYING AN OFFER OF $144,500.00 AS THE FAIR MARKET VALUE OF SAID PROPERTY, AND MAKING FINDINGS AND DETERMINATIONS RELATING TO THE NECESSITY OF ACQUIRING CERTAIN DES- CRIBED REAL PROPERTY AT SAID LOCATION FOR THE EASTWARD EXTENSION OF HOSPITALITY LANE AND CONSTRUCTION OF A BRIDGE OVER SAN TIMO- TEO CREEK AND AUTHORIZING THE CITY ATTORNEY TO COMMENCE AND PROSECUTE EMINENT DOMAIN PROCEEDINGS. (35) Council Member Marks made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 85-17 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-18 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE CITY ATTORNEY'S OFFICE. (36) . Council Member Marks made a motion, seconded by Council Member Quiel, that said resolution be adopted. 15 1/21/85 . Resolution No. 85-18 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-19 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO KASLER CORPORATION FOR CONSTRUCTION OF TIPPECANOE AVENUE BRIDGE OVER THE SANTA ANA RIVER. (37) Council Member Marks made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 85-19 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-20 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CHJ, INC. FOR PROVIDING TESTING SERVICES ON THE TIPPECANOE AVENUE BRIDGE OVER THE SANTA ANA RIVER. (38) . Council Member Marks made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 85-20 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-21 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH THE SOUTH SAN BERNARDINO COUNTY WATER DISTRICT RELATING TO CONSTRUCTION OF THE NEW TIPPECANOE AVE- NUE BRIDGE OVER THE SANTA ANA RIVER. (39) Council Member Marks made a motion, seconded by Council Member Quiel, that said resolution be adopted. . Resolution No. 85-21 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-22 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO MODIFICATION OF TRAFFIC SIGNALS AT LYNWOOD DRIVE AND DEL ROSA AVENUE. (40) Counc i 1 Membe r Qu i e 1 made a mot i on, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-22 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. . RES. 85-23 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO INTERSEC- TION MANAGEMENT SYSTEMS, INC. FOR MODIFICA- TION OF TRAFFIC SIGNALS AT LYNWOOD DRIVE AND DEL ROSA AVENUE, CONTINGENT UPON AP- PROVAL OF A COOPERATIVE AGREEMENT BY THE COUNTY OF SAN BERNARDINO. (41) 16 1/21/85 Counc i 1 Membe r Qu i el made a mot i on, seconded by Council Member Strickler, that said resolution be adopted. . Resolution No. 85-23 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-24 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BLAIR PAVING, INC. FOR PAVEMENT REHABILITATION ON ELEVEN PORTIONS OF VARIOUS STREETS. (42) City Administrator Matzer answered questions relative to which streets are being paved. Council Member Hernandez made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 85-24 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. . READING AND WAIVING OF ORDINANCES The City Clerk and City Administrator read the titles of all the ordinances on the Agenda. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that first and final readings of the ordinances be waived. COUNCIL MEMBER FRAZIER LEFT Council Member Frazier left the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING CHAPTER 3.38.040 TO ADD PARAGRAPH C TO PROVIDE AN EXEMPTION FROM THE STORM DRAINAGE FEE FOR THE CONSTRUCTION OF ANY BUILDINGS ON A SITE PREVIOUSLY DEVELOPED EXCEPT TO THE EXTENT THE FEE FOR THE NEW CONSTRUCTION EXCEEDS THE FEE FOR THE PREVI- OUS CONSTRUCTION. (43) . Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SECTION 10.52.020 OF THE SAN BER- NARDINO MUNICIPAL CODE AUTHORIZING A 35 MPH SPEED LIMIT ON MARSHALL BOULEVARD BETWEEN WATERMAN AVENUE AND LITTLE MOUNTAIN DRIVE, AND ON FORTY-EIGHTH STREET BETWEEN ELECTRIC AVENUE AND KENDALL DRIVE; AND ABOLISHING THE 35 MPH SPEED LIMIT ON DAVID WAY BETWEEN FORTIETH STREET AND FORTY-FIFTH STREET. (44) (See page 33) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said ordinance be laid over for final passage. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. . 17 1/21/85 . ORD. MC-427 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING CHAPTER 16.16 OF THE SAN BERNARDINO MUNICIPAL CODE TO DELETE REFERENCE TO ELECTRICAL SUPERINTENDENT AND TO AN APPLICANT PROVIDING INSURANCE PRIOR TO ERECTION OF A BANNER. (45) Council Member Marks made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ayes: Marks, None. Ordinance MC-427 was adopted by the following vote: Council Members Castaneda, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: ORD. MC-428 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING SECTION 6.24.150 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR A FIVE DOLLAR VACCINATION FEE FOR ALL DOGS AND CATS RECLAIMED, ADOPTED, OR SOLD FOR RESEARCH PURPOSES FROM THE ANIMAL SHELTER. (46) . Council Member Marks made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-428 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ORD. MC-429 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNI- CIPAL CODE (PETITION NO. 84-22, A RECTANGU- LARLY SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY .83 ACRES LOCATED AT THE SOUTHWEST CORNER OF MARSHALL BOULEVARD AND DEL ROSA AVENUE). (47) Counc i 1 Member Ma rks made a mot i on, seconded by Council Member Reilly, that said ordinance be adopted. . Ayes: Marks, None. Ordinance MC-429 was adopted by the following vote: Council Members Castaneda, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: ORD. MC-430 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNI- CIPAL CODE (PETITION NO. 84-23, GENERALLY DESCRIBED AS AN IRREGULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 29 ACRES LOCATED WESTERLY OF THE INTERSECTION OF COLLEGE AVENUE AND VARSITY DRIVE WITH A FRONTAGE OF APPROXIMATELY 1,359 FEET ALONG THE SOUTH-WESTERLY SIDE OF COLLEGE AVENUE AND APPROXIMATELY 1,137 FEET ALONG THE WESTERLY SIDE OF VARSITY DRIVE). (48) . Council Marks made a motion, seconded by Council Member Reilly, that said ordinance be adopted. 18 1/21/85 . . . . L_ Ordinance MC-430 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ORD. MC-43l - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING SECTION 3.04.010 OF THE SAN BERNARDINO MUNICIPAL CODE TO EXEMPT PURCHASES AND SALES THROUGH ANY ADVANTA- GEOUS GOVERNMENTAL CONTRACT FROM THE RE- QUIREMENTS OF CHAPTER 3.04 CONCERNING THE CENTRALIZED PUCHASING SYSTEM. (49) Counci 1 Member Marks made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-43l was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ORD. MC-432 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNI- CIPAL CODE (PETITION NO. 84-24, GENERALLY DESCRIBED AS AN IRREGULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 2.3 ACRES HAVING A FRONTAGE OF APPROXIMATELY 132 FEET ON THE WEST SIDE OF "I" STREET AND A FRONTAGE OF 35 FEET ON THE EAST SIDE OF "J" STREET AND BEING LOCATED APPROXIMATELY 217 FEET SOUTH OF THE CENTERLINE OF HAZEL STREET). (50) Council Member Marks made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-432 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. GENERAL REPORTS AND CORRESPONDENCE Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the following items be filed: (51) a. Civil Service Eligibility Lists for: Law Enforcement Trainee - Open Fire Engineer - Department Promotional Only Senior Engineering Aide - Open & Promotional Animal License Checker - Open & Promotional Senior Animal License Checker - Open & Promotional b. Memorandum from Director of Public Works/City Engineer relative to Engineer's Estimate of Cost for 1911 Improvement Act Project - Orange Show Lane between "L" Street and Arrowhead Avenue. d. Nine alcoholic beverage control applications for the following new and transferred licenses: 19 1/21/85 NEW . Vern o. Curtis, Terrence J. Wallock, Carol A. Campbell, Leonard H. Dreyer, dba Denny's Restaurant Gary Lazar, Divina G. Leise, dba P&M Service Stations Gary Lazar, George A. Pearson, Divina A. Leise, dba Fast Save El Torito Restau- rants, Inc., dba El Torito Restau- rant Prestige Stations, Inc., dba ARCO am/pm mini-market . Prestige Stations, Inc., dba ARCO am/pm mini-market Gerard F. Thiry, dba Le Rendez-Vous Jack Marks, Wilfrid C. Lemann, I. J. Gabriel, J. Gill Snyder, Joseph G. Brosmer, Donald J. Fithian, dba National Orange Show TRANSFERRED . Henry A. Bickler, Lester D. Hawley, dba Shandin Hills Golf Club 740 West 2nd Street 501 Inland Center Drive 1008 W. High- land Avenue ll8 E. Hospi- tali ty Lane 1200-1210 Baseline 495 S. Water- man Avenue 4775 N. Sierra Way 689 So. E St. 3380 Little Mountain Dr. On Sale General Off Sale Beer & Wine Off Sale Beer & Wine On Sale General Eating Place Off Sale Beer & Wine Off Sale Beer & Wine On Sale General Eating Place On Sale General Eating Place On Sale General Eating Place e. Board of Building Commissioners Resolution as follows: BBC 993 BBC 994 500-524 North E Street 1111 W. Baseline FEASIBILITY REPORT - EXPANSION OF COUNCIL OFFICES In a memorandum dated December 26, 1984, Roger Hard- grave, Director of Public Works/City Engineer, presented a feasibility report on the proposed expansion of the Council Office area. The report contained a description of proposed Phase I, which provides for expansion of the Council Conference Room at an approximate cost of $50,000, and Phase II which provides for the expansion of the Re- ception Area at an approximate cost of $112,000. (5lc) . 20 1/21/85 . Mayor Holcomb suggested in lieu of expensive remodel- ing, that the Council consider moving their offices to the Sixth Floor of City Hall, or another floor, to have closer coordination between the Mayor's Office, the Council and other departments. City Administrator Matzer answered questions regard- ing funds for this project. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions regarding the costs of the pro- posed expansion of the Counci 1 Offices, stating that $50,000 is a very preliminary estimate for Phase I. Counci 1 Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that $5,000 be allocated from Park and Recreation Salary Savings Ac- count to cover architectural fees for Phase I Council Office Expansion Project and to direct the Director of Public works/City Engineer to issue Requests for Proposals to qualified architects. . REQUEST TO DISCUSS LIBRARY SERVICES - HISPANIC COMMUNITY In a letter dated December 6, 1984, Leno Diaz and David A. Lechuga complained of the manner in which a com- mittee representing the concerns of citizens of San Ber- nardino was treated at a meeting of the San Bernardino Library Board of Trustees held on November 13, 1984. (S-l) Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the matter relative to library services be continued to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (See page 33) COUNCIL MEMBER REILLY LEFT Council Member Reilly left the Council Meeting. . SET PUBLIC HEARING - AMBULANCE RATES In a memorandum dated January 10, 1985, Lee Gagnon, Business License Supervisor, explained that Courtesy Ser- vices of San Bernardino had appeared before the Bureau of Franchises and requested a rate increase for ambulance services. A public hearing is required to implement these increases. (S-2) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that a pub- lic hearing be scheduled for the meeting of February 18, 1985, at 9:00 a.m., to consider adopting resolution to increase ambulance rates and that the City Attorney be instructed to prepare the necessary resolution for adoption. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. . SIXTH WARD PARK EXTENSION FUNDS - BASKETBALL COURT STANDARDS FOR RIO VISTA PARK In a memorandum dated January 14, 1985, Annie Ramos, Director of Parks, Recreation and Community Services, stated that the existing basketball court standards at Rio Vista Park have deteriorated quickly due to heavy use. The proposed replacement material will be provided by the manufacturer at their cost and free of tax and shipping charges if delivered during the period that their delivery trucks are in the area. (S-3) 21 1/21/85 . Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that $1,200 from Sixth Ward Park Extension Funds for the pur- chase of four basketball court standards for Rio vista Park be approved. CHANGE ORDER NO. THREE - PHASE I-A - SECCOMBE LAKE STATE URBAN RECREATION AREA - MOULDER BROTHERS In a memorandum dated January 11, 1985, Roger Hard- grave, Director of Public Works/City Engineer, explained various adverse conditions that have appeared during the construction of this project that were not anticipated in the original contract. Mr. Hardgrave stated that the various conditions involved in Change Order No. Three have been studied and the cost verified. (S-4) . Council Member Marks made a motion, seconded by Council Member Castaneda and unanimously carried, that Change Order No. Three to the contract with Moulder Bros. and John H. Moulder, for over excavation, removal of rail- road tracks on Sierra Way, removal of curb and gutter at the corner of 5th and Sierra Way and the elimination of a tire ripper and warning signs for the YWCA parking lot, removal of a l2-inch storm drain and manhole and replace- ment with 175 L.B.F. of 24-inch corrugated steel pipe, the removal and replacement of a curb depression in the YWCA parking lot, and the removal and replacement of a driveway approach into the YWCA and the construction of an adjacent stairway at a net increase to the contract price of $34,253.78 from $3,536,896.63 to $3,571,150.41, be approved. READING AND WAIVING OF RESOLUTIONS ON SUPPLEMENTAL AGENDA City Administrator Matzer read the titles of all the resolutions on the Supplemental Agenda. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolutions on the Supplemental Agenda be waived. . RES. 85-25 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH MEDICAL HEALTHWAYS, INC., RELATING TO THE NUTRITION FOR SENIORS PROGRAM. (S-5) Council Member Strickler made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 85-25 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-26 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH G & K MANAGEMENT COMPANY RELATING TO THE NUTRI- TION FOR SENIORS PROGRAM. (S-6) Council Member Strickler made a motion, seconded by Council Member Marks, that said resolution be adopted. . Resolution No. 85-26 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. 22 1/21/85 . RES. 85-27 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH MENTAL HEALTH ASSOCIATION OF SAN BERNARDINO COUNTY, RELAT I NG TO THE NUTR I T I ON FOR SENIORS PROGRAM. (S-7) Council Member Strickler made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 85-27 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-28 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 39 OF LOCAL AGENCY FEDERAL- AID SAFETY IMPROVEMENT PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION. (S-8) . Council Member Strickler made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 85-28 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. APPOINTMENT - EUGENE WOOD - PUBLIC SAFETY AUTHORITY Pursuant to a memorandum dated January 17, 1985 from Mayor Holcomb, Council Member Marks made a motion, seconded by Council Member Hernandez, and unanimously carried, that Eugene Wood, 402 North "D" Street be ap- pointed to serve on the Public Safety Authority. . ARROWHEAD OPERA INSTITUTE FUNDS RESCINDED - FINE ARTS COMMISSION In a memorandum dated January 21, 1985, Thelma Press, Director, Cultural and International Affairs, presented a letter dated January 5, 1985 from Colene Schwandt, Presi- dent of the Arrowhead Opera Institute, in which she stated the Fourth Annual CALIFORNIA OPERA FESTIVAL had been can- celled due to the fact the Fine Arts Commission funded the Arrowhead Opera Institute in the amount of $4,000, which was less than half of what was requested. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that, consistent with the Commission's request, the Arrowhead Opera Institute be removed as a recipient of funds from the Fine Arts Commission for Fiscal Year 1984-85. RECESS MEETING - CLOSED SESSION At 10:40 a.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino recessed for a Closed Session to discuss litigation. . CLOSED SESSION At 10:40 a.m., the Closed Session was called to order by Mayor Holcomb in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. 23 1/21/85 . ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. ADJOURN CLOSED SESSION At 10:55 a.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 10:55 a.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. CLAIM - BRANDY A PATINO Pursuant to a memorandum dated January 17, 1985, from Ronald W. Solheim, Director, Risk Management, Council Member Castaneda made a motion, seconded by Council Member Quiel and unanimously carried, that the claim of Brandy A. Patino, et al., a minor, by Maria Rouse, her guardian ad litem, through Miller, Madden & theios, her attorneys of record (Risk Management File 83B-007 and San Bernardino County Superior Court File No. 221666) vs. City of San Bernardino and San Bernardino City Police Department, be approved in the sum of $18,500 as a full and complete release, for injuries received on or about May 26, 1983, at or near the intersection of Baseline and "G" Streets, City of San Bernardino when said minor was struck by a moving vehicle at a time the assigned crossing guard failed to report for duty. . EXECUTIVE ASSISTANT TO COUNCIL - STEP E ADVANCE In a memorandum dated January 21, 1985, Council Member Castaneda recommended that Executive Assistant to Council Philip A. Arvizo be advanced to Step E, as deter- mined by a Council Ad Hoc Committee. Council Member Castaneda made a motion, seconded by Council Member Quiel and unanimously carried, that Execu- tive Assistant to Council, Philip A. Arvizo, be advanced to E Step as intended retroactive to January 1, 1985. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . LIBRARY AD HOC COMMITTEE REPORT In a memorandum dated January 15, 1985, Council Mem- ber Marks, Chairman of the Library Ad Hoc Committee, pre- sented the report of the meeting held on January 14, 1985. The following items were discussed: (1) Furniture and furnishings specification - Consuelo Eckhardt Associates; (2) Deductive contract, Berry Construction, Change Order No. Two for "Interior", Bid Package #13, Discussion with Don Rogers; (3) Plans and estimate for Bid Package #14, "Site Work" and street widening - review of plans, speci- 24 1/21/85 fications and estimate; lights; (5) Library shelf Library Budget. (4) Award of contract for sky- relocation and refinishing; (6) (R-2) . Council Member Marks, Chairman of the Library Ad Hoc Committee, explained the changes and cost savings sugges- ted by the Committee and recommended approval. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the furniture and furnishings $300,000 bid-specification pack- age, as amended, be approved and the Public Works Director be directed to proceed with bidding procedures. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that Change Order Number Two for "interior" bid package #13, as amended, be approved. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that plans and estimate for bid package #14, "site work" and street widening, be approved. . Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the contract for flat sky lights, rather than step sky lights, be approved. COUNCIL MEMBER HERNANDEZ LEFT Council Member Hernandez left the Council Meeting. RES. 85-29 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO METCOE SPECIALTY CO., INC. FOR CONSTRUCTION OF SKYLIGHTS FOR THE NEW CENTRAL LIBRARY IN PIONEER PARK. (R-3) Council Member Quiel made a motion, seconded by Council Member Castaneda and unanimously, that said reso- lution be adopted. . vote: Quiel, Member Resolution No. 85-29 was adopted by the following Ayes: Council Members Castaneda, Reilly, Marks, Frazier, Strickler. Noes: None. Absent: Council Hernandez. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. CHANGE ORDER NO. ONE - HEATING AND AIR CONDITIONING - MILL COMMUNITY CENTER - In a memorandum dated January 10, 1985, Roger Hard- grave, Director of Public works/City Engineer, explained why Change Order No. One is needed and recommended its approval. (R-4) . Council Member Castaneda made a motion, seconded by Council Member Frazier and unanimously carried, that Change Order No. One to the contract with Cowden Mechani- cal Contractors for the construction of heating and air conditioning at Mill Community Center for Wing "B" and Wing "C", in accordance with Plan No. 6590, be approved, to direct the Contractor to furnish and install a five percent fresh air ventilation system at an increase of $621.88 in the contract price for a total of $34,881.88. 25 1/21/85 . RES. 85-30 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BOB BRIT- TON, INC. FOR CONSTRUCTION OF IRRIGATION, LANDSCAPING AND LIGHTING IMPROVEMENTS FOR ENCANTO PARK. (R-5) Council Member Castaneda made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 85-30 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. SEWER MAINS - VALLEY TRUCK FARM AREA - SOUTH WATERMAN AVENUE In a memorandum dated January 10, 1985, Roger Hard- grave, Director of Public Works/City Engineer, stated that plans for the sewer mains in the Valley Truck Farm Area, South Waterman Avenue, have been prepared and the project is ready to be advertised for bids. The total estimated project cost is $6ll,000. (R-7) . A discussion ensued relative to sewer laterals being installed to property owners who had not subscribed for sewer service. Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, to ap- prove going to bid on the sewer main projects in the Valley Truck Farm Area, but that laterals be provided only to those who subscribed for sewer service. RES. 85-31 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PAYMENT OF DEMO- LITION EXPENSES FOR MOTEL AT 1400 NORTH MT. VERNON AVENUE FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. (R-8) The City Clerk read the title of the resolution. Council Member Frazier made a motion, seconded by Council Member Strickler, that said resolution be adopted. . Resolution No. 85-31 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. READING AND WAIVING OF ALL RESOLUTIONS ON COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY AGENDA City Administrator Matzer read the titles of all the resolutions on the Community Development Commission/Rede- velopment Agency Agenda. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of all the resolutions on the Community Develop- ment Commission/Redevelopment Agency Agenda be waived. . RES. 85-32 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF SERVICE AGREEMENT WITH UNITED STATES ESCROW, INC., FOR ADMINISTRATIVE SERVICES FOR RENTAL REHABILITATION PROGRAM. (R-9) Council Member Castaneda made a motion, seconded by Council Member Frazier, that said resolution be adopted. 26 1/21/85 . Resolution No. 85-32 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-33 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AFFIRMATIVE MARKETING POLICY AND TENANT ASSISTANCE POLICY FOR CITY'S RENTAL REHABILITATION PROGRAM. (R-lO) Senior Assistant City Attorney Briggs answered ques- tions regarding provisions of said resolution. Council Member Marks made a motion, seconded by Council Member Castaneda and unanimously carried, that said resolution be adopted with the change to be incor- porated relative to the flow down provisions to the West- side Development Corporation. . RES. 85-34 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THOMAS, BYRNE & SMITH FOR ACCOUNT I NG SERV ICES IN CONJUNCT ION WI TH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND JOB BILL FUNDS. (R-ll) Council Member Castaneda made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 85-34 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. PUBLIC HEARING - MULTIFAMILY MORTGAGE REVENUE BONDS - LIMITED CARE #1 This is the time and place set for a public hearing to consider the issuance of Multifamily Mortgage Revenue Bonds to Limited Care #1, a California General Partner- ship, in the amount of $5,500,000, to construct a 71 unit multifamily rental housing development for senior citi- zens. The location of this proposed project is near the southwest corner of Gilbert Street and Parks ide Drive. (R-14) . Mayor Holcomb opened the hearing. Council Member Frazier made a motion, seconded by Council Member Castaneda and unanimously carried, that the hearing be closed. RES. 85-35 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON THE ISSUANCE OF APPROXI- MATELY $5,500,000 PRINCIPAL AMOUNT OF ITS MULTIFAMILY MORTGAGE REVENUE BONDS (LIMITED CARE #1) (R-14) Glenda Saul, Executive Director of the Redevelopment Agency, answered questions, stating that this is merely an inducement resolution. . COUNCIL MEMBER CASTANEDA LEFT Council Member Castaneda left the Council Meeting. Council Member Quiel made a motion, seconded by Council Member Castaneda, that said resolution be adopted. 27 1/21/85 . Resolution No. 85-35 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler, Noes: None. Absent: Council Member Castaneda. COUNCIL MEMBER CASTANEDA RETURNED Council Member Castaneda returned to the Council Meeting and took his place at the Council Table. Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that the Council adopt as a blanket policy that the approval of any inducement resolution does not indicate that issuance will necessarily be made if there is an unsatisfactory density bonus. RES. 85-36 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE ITS MULTIFAMILY MORTGAGE REVENUE BONDS; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS; AND MAKING CERTAIN OTHER FIND- INGS AND DETERMINATIONS IN CONNECTION THEREWITH (CHAPARRAL APARTMENTS PROJECT) (R-15) . Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 8:;-36 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. PUBLIC HEARING - ESTABLISHMENT OF COMMUNI~Y FACILITIES DISTRICT - CABLE LAKE PROJECT This is the time and place set for a hearing to con- sider the establishment of a Community Facilities District under the Mello-Roos Community Facilities Act, for the issuance of assessment bonds of $3,500,000 for public improvements to include 565 residential dwelling units and 4.66 acres for commercial sites in a tract of land to be called "Cable Lake". This property lies north of Little League Drive and adjoins the 1-215 Freeway. (R-17) . In a memorandum dated January 10, 198~, Glenda Saul, Executive Director of the Redevelopment Agency, recom- mended that the public hearing on the establishment of a Community Facilities District for the Cable Lake Project be continued, as the City Administrator is awaiting fur- ther reports and information before presenting his report. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the public hearing on the establishment of a Comnunity Facil- ities District for the Cable Lake Project be continued to Monday, February 18, 1985 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . RES. 85-37 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALI FORNIA, DECLARING rfS INTENTION TO ISSUE ITS MULTIFAMILY MORTGAGE REVENUE BONDS; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS; AND MAKING CERTAIN OTHER FIND- INGS AND DETERMINATIONS IN CONNEC~ION THEREWITH (PERRIS HILL PROJECT) (R-20) Council Member Quiel made a motion, seconded by Council Member Hernandez, that said resolution be adopted. 28 1/21/85 . Resolution No. 85-37 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. COUNCIL MEMBER STRICKLER LEFT Council Member Strickler left the Council Meeting. RES. 85-38 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE ITS MULTIFAMILY MORTGAGE REVENUE BONDS; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS; AND MAKING CERTAIN OTHER FIND- INGS AND DETERMINATIONS IN CONNECTION THEREWITH (CASTLE BAR PROJECT) (R-3l) Counci 1 Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 85-38 vote: Ayes: Council Hernandez, Marks, Quiel, Council Member Strickler. was adopted by the following Members Castaneda, Reilly, Frazier. Noes: None. Absent: . COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. RES. 85-39 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE ITS MULTIFAMILY MORTGAGE REVENUE BONDS; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS; AND MAKING CERTAIN OTHER FIND- INGS AND DETERMINATIONS IN CONNECTION THEREWITH (HIGHLAND HILLS PROJECT) (R-34) William E. Leonard, Consultant for the Redevelopment Agency, answered questions, stating this resolution was consistent with a specific plan and had no density bonuses. Counci 1 Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. ~ Resolution No. 85-39 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. PUBLIC HEARING - ASSESSMENT DISTRICT 961 - TRI-CITY PROJECT AREA - PARK CENTRE PROJECT This is the time and place set for a public hearing to consider the issuance of bonds for Assessment District 961 which is being formed to finance the cost of various improvements required in connection with the development of Tract 12034, the Park Centre project located in the Tri City Project Area. (R-35) Mayor Holcomb opened the hearing. Ie RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE AND SALE OF BONDS (ASSESSMENT DISTRICT NO. 961). 29 1/21/85 . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ORDERING CHANGES AND MODIFICATIONS TO ENGINEER'S REPORT, MODIFYING ASSESSMENT, CONFIRMING ASSESSMENT AS MODIFIED, ORDERING THE WORK AND ACQUISITIONS AND ORDERING RECORDATION OF ASSESSMENT DIAGRAM AND NOTICE OF ASSESS- MENT. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DETERMINING UNPAID ASSESSMENTS. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONCERNING FORECLOSURE OF DELINQUENT ASSESSMENT LIENS. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING BOND RESERVE FUND. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE BOND PURCHASE AGREEMENT AND AWARDING BONDS. . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING OFFICIAL STATEMENT RE IMPROVEMENT BONDS FOR ASSESSMENT DISTRICT NO. 961. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the hearing be closed and said resolutions be continued to 9:00 a.m., Monday, January 28, 1985, in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, California. (This action made the meeting discussed for Friday, January 25, 1985 unnecessary. See page 2) COUNCIL MEMBER HERNANDEZ LEFT Council Member Hernandez left the Council Meeting. . RES. 85-40 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE ITS MULTIFAMILY MORTGAGE REVENUE BONDS; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS; AND MAKING CERTAIN OTHER FIND- INGS AND DETERMINATIONS IN CONNECTION THEREWITH (UNIVERSITY PARK PROJECT). (R-40) Council Member Marks made a motion, seconded by Council Member Quiel, that said resolution be adopted. vote: Quiel, Member Resolution No. 85-40 was adopted by the following Ayes: Council Members Castaneda, Reilly, Marks, Frazier, Strickler. Noes: None. Absent: Council Hernandez. RES. 85-41 -RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE ITS MULTIFAMILY MORTGAGE REVENUE BONDS; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS; AND MAKING CERTAIN OTHER FIND- INGS AND DETERMINATIONS IN CONNECTION THEREWITH (MEYERS RANCH PROJECT). (R-4l) . Council Member Marks made a motion, seconded by Council Member Quiel, that said resolution be adopted. 30 1/21/85 . Resolution No. 85-41 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Hernandez. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. RES. 85-42 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE ITS MULTIFAMILY MORTGAGE REVENUE BONDS; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS; AND MAKING CERTAIN OTHER FIND- INGS AND DETERMINATIONS IN CONNECTION THEREWITH (MOUNTAIN VISTAS APARTMENTS PROJ- ECT-AFCOM) (R-42) Council Member Quiel made a motion, seconded by Council Member Castaneda, that said resolution be adopted. . Resolution No. 85-42 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Hernandez. MAYOR HOLCOMB LEFT At 11:45 a.m., Mayor Holcomb left the and Council Member Castaneda assumed Chairman. Council Meeting the duties of RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MIRALLES ASSOCIATES INC., RELATING TO PROVIDING ARCHITECTURAL SERVICES FOR CON- STRUCTION OF A COMMUNITY CENTER FOR THE BENCH AREA. (R-12) . Ken Henderson, Resources Coordinator for the Commun- ity Development Commission, answered questions and ex- plained that at the last Council Meeting, staff was in- structed to determine whether or not the project met Com- munity Development Block Grant Funds regulations relative to area benefits, and whether or not there was established need for this particular community center. A discussion ensued relative to the established need for a community center in the bench area. It was agreed to continue further discussion on this matter until Annie Ramos, Director of Parks, Recreation and Community Services, could be present. (See Page 32) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A JOINT EXER- CISE OF POWERS AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CREAT- ING AN AGENCY TO BE KNOWN AS THE SAN BER- NARDINO SECURITY AND PARKING CONTROL AUTHORITY. (R-13) . RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ASSIGNMENT OF INTEREST IN AND DELEGATION OF DUTIES UNDER CONTRACT FOR SECURITY GUARD PROGRAM FROM CITY OF SAN BERNARDINO TO SAN BERNARDINO SECURITY AND PARKING CONTROL AUTHORITY. 31 1/21/85 I . RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONSENT TO ASSIGNMENT OF A CONTRACT FOR THE SECURITY GUARD PROGRAM FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO SAN BER- NARDINO SECURITY AND PARKING CONTROL AUTHORITY. Council Member Marks made a motion, seconded by Council Member Castaneda, and unanimously carried, that the resolutions relating to the Security Guard Program be continued and referred to the Ways and Means Committee. RECESS MEETING At 12:09 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 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 Holcomb; Council Members Castaneda, Rei lly, Hernandez, Marks, Quiel, Fraz ier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. RES. 85-43 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO RELATING TO LEGAL SERVICES BY THE SENIOR ASSISTANT CITY ATTORNEY; AND REPEALING RESOLUTION NO. 84-537. (R-30) Council Member Marks made a motion, seconded by Council Member Quiel, that said resolution be adopted. . Resolution No. 85-43 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MIRALLES ASSOCIATES INC., RELATING TO PROVIDING ARCHITECTURAL SERVICES FOR CON- STRUCTION OF A COMMUNITY CENTER FOR THE BENCH AREA. (Continued from earlier in the meeting. (R-12) Annie Ramos, Director of Parks, Recreation and Commu- nity Services, was present and answered questions. Ms. Ramos explained there was a need in this area for a commu- nity center, but there are extenuating circumstances in that there is a great proportion of the City of Rialto residents who use facilities in this area. She stated that her Department had not had an opportunity to analyze the need as such, so has no statistics. She estimated that approximately 80% - 85% of the Little League in that area is made up of predominately Rialto residents. . A discussion ensued regarding the need for facilities in the bench area and the preparation of plans for such bui ldi ngs. 32 1/21/85 . Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions, stating that the City pays for having building plans prepared, but the architect retains ownership and it is unusual to be able to transfer the use of the plans elsewhere. However, this could probably be negotiated. Ken Henderson, Resources Coordinator of Community Development Commission, answered questions relative to the use of Community Development Block Grant Funds. Council Member Quiel made a motion, seconded by Council Member Strickler, to refer the matter of a com- munity center in the bench area to staff to do a needs assessment to see how it applies to the residents of the City of San Bernardino and the City of Rialto as far as use of the facilities, and report back within 30 days, or sooner, if possible. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. . COUNCIL MEMBER FRAZIER LEFT Council Member Frazier left the Council Meeting. DAVID WAY SPEED LIMIT In a memorandum dated January 17, 1985, Counci 1 Member Marks presented an investigation report of the speeding concerns on David Way, north of 40th Street, prepared by Roger Hardgrave, Director of Public Works/City Engineer. Council Member Marks recommended that the speed limit at this location be changed from 35 mph to 25 mph. (See Item 44, page 17) Counc i 1 Member Ma rk s made a mot i on, seconded by Council Member Quiel and unanimously carried, that the 35 mph existing speed zone on David Way be abolished and a 25 mph speed zone be established, and that advance warning signs, marking and striping be installed/painted near and around the sharp curve at 45th Street and David Way. . COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council FINE ARTS COMMISSION - UNALLOCATED FUNDS Pursuant to a memorandum dated January 21, 1985, from Thelma Press, Director, Cultural & International Affairs, Council Member Quiel made a motion, seconded by Council Member Marks, that any unallocated funds be retained in the Fine arts Commission allocation budget for a Master Plan for the City of San Bernardino. Unallocated funds are to be carried over, intact, into the next fiscal year. BOARD OF LIBRARY TRUSTEES - COMPLAINT This is the time and place continued to for consider- ation of a complaint filed by Leno Diaz and David A. Lechuga regarding the manner in which a committee repre- senting the concerns of citizens of San Bernardino was treated at a meeting of the San Bernardino Library Board of Trustees held on November 13, 1984. (S-l) . Mrs. Esther Murillo, 691 E. Grove Street, Rialto, stated that on November 13, 1984, a committee representing the concerns of citizens of San Bernardino attended a meeting of the San Bernardino Library Board of Trustees to present a letter relative to maintenance of quality and appropriate library services to the Hispanic community. She further stated that the committee was treated in a 33 1/21/85 demeaning and insulting manner and asked about their resi- dency in the City and if they had a library card. . David Lechuga read the first page of a study entitled "Library Needs Assessments of the Spanish speaking" by Michael Gonzales, Bill Greely and Steven Whitney. Mr. Lechuga stated the committee was denied a hearing by Li- brary Board of Trustees President Larry Harvey. He fur- ther stated that the Hispanic community is being denied adequate translation and other library services. Mr. Lechuga reported that there is no Hispanic presently serv- ing on the Library Board of Trustees. He urged the re- moval of Larry Harvey as Chairman of the Library Board. Mr. Gutierrez, a resident of San Bernardino, spoke in favor of removing Mr. Harvey from the Library Board of Trustees. David Lechuga and Esther Murillo answered questions of the Council regarding their treatment of the meeting of the Library Board of Trustees and explained that it made them feel like second class citizens. . A discussion ensued relative to translation of medi- cal and legal documents and the possibility of liability involved. A letter dated November 30, 1984 from Larry Harvey, President, Board of Trustees, was presented, relating to services provided at the Paul Villasenor Branch Library. Senior Assistant City Attorney Briggs stated that the City Attorney's Office regularly gives legal advice to the Board of Library Trustees and there is some possibility of liability involved in translations of certain medical or legal documents. . Steve Whitney, City Librarian, answered questions and spoke about the potential liability involved in transla- ting medical and legal documents and that it is standard practice not to provide any type of medical or legal opin- ions. Mr. Whitney stated he took many notes at the meet- ing in question and felt the meeting was conducted in a fair and proper way. He defended Board President Harvey and related many of the services that Mr. Harvey had pro- vided to library services throughout the City and specifi- cally to the Villasenor Branch. Mr. Leno Diaz spoke in opposition to the manner in which the committee was treated at the Library Board Meet- ing and told of his background as a former member of the Library Board of Trustees and of Friends of Villasenor. Mayor Holcomb stated it was not possible through Charter provisions for him to remove Mr. Harvey from of- fice until his term had expired, and while he thought there might have been insensitivity on both sides during the encounter, he hoped that the wrongs would not be com- pounded and urged better communication. Senior Attorney Briggs answered questions relative to Charter provisions and stated there is no authority in the Charter for removal of a member of the Board of Library Trustees by the Mayor and there is only questionable authority for removal by the Council. . Mayor Holcomb spoke of the fine record of community service by Mr. Harvey and stated he hoped that something positive and constructive would come out of this encounter. 34 1/21/85 . Senior Assistant City Attorney Briggs read Charter Section 2.05 which relates to the Library Board of Trustees. Connie Monge Cahir spoke regarding a business owned in the Mt. Vernon area and that she had been a member of Friends of the Library. She stated that in their business they regularly do simple translations for area residents as a matter of courtesy. Mr. Leno Diaz, speaking on behalf of the protestors agreed to a meeting with the Mayor and Mr. Harvey, Presi- dent of the Library Board of Trustees. No official action was taken. RECESS MEETING At 4:26 p.m., the Regular Meeting of the Mayor and Common Council recessed until 7:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. . RECONVENE MEETING At 7:05 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 Pro Tempore Quiel; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Mayor Holcomb. . APPEAL HEARING - PLANNING COMMISSION'S DECISION - REVOCATION FOR CONDITIONAL USE PERMIT NO. 671 - SOUTHEAST CORNER OF 44TH AND SIERRA WAY - RUMOURS BAR CONTINUED FROM JANUARY 7,1985 This is the time and place continued to for consid- eration of an appeal filed by Attorney E. Toby Bowler, representing Robert Sullivan, on the Planning Commission's decision of revocation for Conditional Use Permit No. 671 which permitted an existing beer bar to add a dance and live entertainment on property located at the southeast corner of 44th Street and Sierra Way, known as Rumours Night Club. (13) John wilson, Deputy City Attorney, explained that according to Section 2.64.080 of the San Bernardino Muni- cipal Code, this appeal hearing is limited to the presen- tation of new evidence or a review of impropriety at the Planning Commission level. . E. Toby Bowler, Attorney, was present to represent the applicant Robert Sullivan. Mr. Bowler presented a Supplemental Statement to Grounds of Appeal pointing out errors in the Planning Department's staff report used as evidence at the hearing before the Planning Commission. The Supplemental Statement also stated that there was no substantial evidence before the Planning Commission to support a finding that the appellant has failed to comply with the conditions previously imposed by the Council. The Statement referred to the lack of any causal relationship between dancing and the problems complained of, the lack of any substantial evidence establishing a public nui- sance, requested that the Conditional Use Permit be re- instated and that the decision of the Planning Commission be reversed. 35 1/21/85 Attorney Bowler also stated that a transcript of the hearing is being prepared, but is not yet available. . John Wilson, Deputy City Attorney, explained to the Council how the hearing should be conducted and recom- mended that the attorney for the appellant not be allowed to rehash the testimony previously presented to the Commission. Attorney Bowler addressed the problems in the Plan- ning Staff Report as he saw them which related to the issues of security, locking a rear door to prohibit noise, lighting, and police calls. Mr. Bowler stated that the appellant, Mr. Sullivan, is willing to accept additional conditions which may be imposed by the Council, including stationing security personnel at the southeast corner of the property, additional clean up of the Rumours property and surrounding properties and the installation of a temp- orary chain link fence to stop foot traffic through the area. The Council and Attorney Bowler discussed the Plan- ning Staff Report that was presented to the Commission. . Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that the hearing be closed. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the decision of the Planning Commission with respect to the revocation of Conditional Use Permit 671 be affirmed and the appeal be denied. DRIVEWAY IMPROVEMENT - MR. COOK - 2635 WEST MILL STREET In a memorandum dated January 21, 1985, Council Mem- ber Hernandez presented a memorandum dated October 1, 1984 from Peter H. Liu, Traffic Engineer, in which he explained the problems Mr. Cook, 2635 West Mill Street, is experi- encing relative to accessibility to and from his driveway since the City has changed the striping on Mill Street. It was recommended that proposed improvements be approved and that funds be appropriated from the Third Ward Account. . Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, to improve Mr. Cook's driveway area, 2635 West Mill Street, as shown on attached sketch to Council Member Hernandez's memoran- dum dated January 21, 1985, with funds in the amount of $230 to be drawn from the Third Ward Account. ADJOURNMENT At 8:05 p.m., Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the Regular Meeting be adjourned to Monday, January 28, 1985, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. fi~M'/a~ /' City Clerk . 36 1/21/85