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HomeMy WebLinkAbout04-21-1986 Minutes , City of San Bernardino, California April 21, 1986 This is the time and place set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Adjourned Regular Meeting held at 8:37 a.m. on Friday, April 18, 1986, at the Hilton Hotel, 285 E. Hospitality Lane, San Bernardino, Califor- nia. The City Clerk has caused to be posted the Notice of Adjournment of said meeting held at 8:37 a.m. on Friday, April 18, 1986, and has on file in the Office of the City Clerk an Affidavit of said posting together with a copy of said Order which was posted at 5:00 p.m., Saturday, April 19, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Adjourned Regular Meeting of the Mayor and Common Council was called to order by Mayor Pro Tempore Frazier at 8:35 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Deputy City Clerk South with the following being present: Mayor Pro Tempore Frazier; Council Members Estrada, Reilly, Hernandez, Frazier, Strickler; City Attorney Prince, Deputy City Administrator Schweitzer; Deputy City Clerk South. Absent: Mayor Wilcox; Council Members Marks, Quiel. INVOCATION The Invocation was given by Richard Bennecke, Admin- istrative Assistant to the Mayor. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Strickler. RECESS MEETING - CLOSED SESSION At 8:40 a.m., Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously car- ried, that the Adjourned Regular Meeting of the Mayor and Common Council recess to a Closed Session under the authority of Government Code Section 54956.9 (c) to confer with its attorney regarding pending litigation which the Council has decided to or is deciding whether to initiate. CLOSED SESSION At 8:40 a.m., Mayor Pro Tempore Frazier called the Closed Session to order in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (S-4) ROLL CALL Roll Call was taken by Deputy City Clerk South with the following being present: Mayor Pro Tempore Frazier; Council Members Estrada, Reilly, Hernandez, Frazier, Strickler; City Attorney Prince, Deputy City Administrator Schweitzer; Deputy City Clerk South. Absent: Mayor Wilcox; Council Members Marks, Quiel. Also present: Cynthia Grace, Deputy City Attorney; Richard Bennecke, Administrative Assistant to the Mayor; Harold Horn, CTIC Associates; Russ Lackner, Community Cable Television Commission; Stefani Congdon, Community Cable Television Commission; Phil Arvizo, Executive Assistant to the Council. RECONVENE MEETING The Regular Meeting of the Mayor and Common Council was called to order at 9:30 a.m. by Mayor Pro Tempore Frazier, 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 Frazier; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney prince, City Clerk Clark, Deputy City Administrator Schweitzer. Absent: Mayor wilcox. PROCLAMATION - VICTIMS' RIGHTS WEEK - APRIL 20 - 26, 1986 Richard Bennecke, Administrative Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, proclaiming the week of April 20 - 26, 1986 as Victims' Rights Week. JoAnn Nunez, Coordinator of the Victim Witness Pro- gram, County District Attorney's Office, was present to accept the proclamation. PROCLAMATION - HIRE A VETERAN WEEK - MAY 4 - 10, 1986 Richard Bennecke, Administrative Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, proclaiming the week of May 4 - 10, 1986 as Hire a Veteran Week. Manuel Peredes, California Employment proclamation. Veteran Representative/State of Office, was present to accept the PROCLAMATION - PUBLIC SCHOOLS WEEK - APRIL 21, 1986 Richard Bennecke, Administrative Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, proclaiming the week of April 21, 1986 as Public Schools Week. Tony De Martini, Representative of the Masonic Affiliated Bodies, was present to accept the proclamation. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT - RIALTO AVENUE NEAR EUCALYPTUS AVENUE - AUTHORIZATION TO PROCEED - CONTINUED FROM APRIL 7, 1986 This is the time and place continued to for consider- ation of authorization to proceed with a Landscape Main- tenance District, for the maintenance of landscaping along the south side of Rialto Avenue, which is the north boundary line of Tentative Tract No. 13124. (2) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the City Engineer and City Clerk be authorized to initiate proceed ings for the establ ishment of an assessment district under the provisions of Chapter 12.90 of the San Bernardino Municipal Code and that the City Engineer be directed to prepare an Engineer's Report for the proposed maintenance of landscaping on the south side of Rialto Avenue generally between Eucalyptus Avenue and Pepper Avenue, in the City of San Bernardino. 2 4/21/86 SUMMER FOOD SERVICE PROGRAM": U.S. DEPARTMENT OF AGRICULTURE": AUTHORIZATION TO SUBMIT APPLICATION In a memorandum dated April 4, 1986, Annie Ramos, Director of Parks, Recreation & Community Services, requested authorization to submit an application to the united States Department of Agriculture for the federal1y- funded Summer Lunch Program, which has provided nutri- tional help to children who would otherwise be deprived of food assistance received at other times of the year under the National School Lunch Program, for the past 11 years. (3) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the Parks, Recreation and Community Services Department be authorized to submit an application to the United States Department of Agriculture for a Summer Food Service Program for children. SUMMER LUNCH PROGRAM - AUTHORIZATION TO HIRE EIGHT SUMMER LUNCH MONITORS In a memorandum dated April 7, 1986, Annie Ramos, Director of Parks, Recreation and Community Services, requested authorization to hire eight summer lunch moni- tors to be assigned routes in various geographical areas in order that they may effect daily program checks at Summer Lunch Program sites at no cost to the City, as it is reimbursed from administrative funds of the federally- funded Summer Lunch Program. (4) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the Parks, Recreation and Community Services Department be authorized to hire eight (8) summer lunch monitors on a part-time basis for a 47-day period during the months of June, July, August and September, 1986. 1985/86 BUDGET - APPROVAL OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES In a memorandum dated April 11, 1986, Warren Knudson, Director of the Finance Department, provided lists of continuing appropriations comprised of prior year, and in some cases previous fiscal year, appropriations that are unspent and unencumbered as of June 30, 1985, and of encumbrances, which are Purchase Orders for items not received prior to the closing of the 1984/85 fiscal year, and requested that these items be formally incorporated into the 1985/86 Budget. (5) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the list of continuing appropriations and encumbrances sub- mitted by the Finance Director's memorandum dated April 11, 1986, be approved for inclusion in the 1985/86 Budget. OUT-OF-STATE TRAVEL - DIRECTOR OF EMERGENCY SERVICES & RISK MANAGEMENT - NATIONAL PUBLIC RISK & INSURANCE MANAGERS ASSOCIATION 1986 CONFERENCE - BOSTON, MASSACHUSETTS - JUNE 8 - 15, 1986 In a memorandum dated April 11, 1986, Ron Solheim, Director of Emergency Services & Risk Management, requested authorization for out-of-state travel to attend the 1986 Conference of the National Public Risk & Insurance Managers Association to be held in Boston, Massachuset ts. (6) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the Director of Emergency Services & Risk Management, be authorized to travel out of state to attend the 1986 Con- ference of the National Public Risk & Insurance Managers 3 4/21/86 Association in Boston, Massachusetts, June 8 - and to remain June 12 - 15, 1986, to serve Association Executive Committee, which will set make certain recommendations for National and reforms. 11, 1986, on the goals and Statewide (6) CLAIMS AND PAYROLL Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to approve claims and payrolls and authorize the issuance of warrants as listed on the memorandum from the Director of Finance as follows: (7) 1. Approve the register of demands dated: March 24, 1986 85/86 #34 $ 444,104.59 March 31, 1986 85/86 #35 $1,269,134.99 Apri 1 8, 1986 85/86 #37 $1,013,157.88 2. Approve the total gross payroll for the period March 3, 1986 through March 16, 1986, in the amount of $1,200,327.79. Approve the total gross payroll for the period March 17, 1986 through March 30, 1986, in the amount of $1,206,424.09. COUNCIL MEMBER ESTRADA RETURNED Counci 1 Member Estrada returned Meeting and took her place at the Council to the Table. Council APPROVE MINUTES - APRIL 7, 1986 Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to amend the minutes of April 7, 1986, by inclusion of the following concerning Agenda Items 73 and 74 on Page 38 of the Council Minutes regarding contracts with Dieterich Inter- national, "Assistant City Attorney Sabourin was present, and concurred with the position of the Council in awarding the contracts to Dieterich International. The awards made saved $1,778.68 on the contract for the 1986 brush chipper truck and $8,181.08 on the contract for the GVW truck with a 4,000 gallon water tank"; and that the motion concerning Agenda Item RS-1 on Page 18 of the Council Minutes be amended to read, "to approve the 120-day moratorium for Wixen Pipe and Supply, subject to the requirement that the total development plans be reviewed by the Central City South Committee". (1) PROTEST HEARING - PROPOSED STREET IMPROVEMENTS - ASSESSMENT DISTRICT NO. 966 - DALEY CANYON ROAD, EAST OF CHIQUITA LANE - CONTINUED FROM APRIL 7, 1986 This is the time and place continued to for a hearing to receive protests concerning the creation of Assessment District No. 966 for street improvements on Daley Canyon Road, east of Chiquita Lane. (9) In a letter dated April 15, 1986, Gene Klatt, Assistant City Engineer, stated that written protests were received by the Mayor and Common Council April 7, 1986, relative to this project, and that the property owner in question has been advised to be in attendance at today's meeting to present his position to the Council so that action on this matter may be completed. Mayor Pro Tempore Frazier opened the hearing. Roger Hardgrave, Director of Public Works/City Engineer, gave a brief history regarding circumstances surrounding this project. 4 4/21/86 Dr. John Hendy, property owner in the proposed assessment district, presented a map outlining individual property boundaries in the proposed assessment district, protested the costs assessed him for the street improve": ments and the manner in which the costs were computed, explained his negotiations with the former Mayor of San Bernardino, and complained that the Engineering Department had altered the original design of the road, causing him to be assessed more charges for the street improvements. Gene Klatt, Assistant City Engineer, answered Dr. Hendy's complaints and stated that no precise alignment of street improvements has been decided until the assessment district was formed. Roger Hardgrave, Director of Public Works/City Engineer, explained the formula used to assess costs for improvements to property owners and that Dr. Hendy is paying equally for front footage of his property. Gene Klatt, Assistant City Engineer, stated that all property owners are dedicating property to the assessment district for street improvements. Dr. John Hendy spoke regarding utility charges including a water bill, which he deemed excessive. Discussion was held concerning the clearance of a Certificate of Occupancy for a neighboring property in the proposed assessment district. Mayor Pro Tempore Frazier closed the hearing. RES. 86-137 - RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED CONSTRUCTION OF STREET IMPROVEMENTS IN THE AREA OF DALEY CANYON ROAD, EAST OF CHIQUITA LANE, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID CONSTRUCTION, KNOWN AS ASSESSMENT DISTRICT NO. 966, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (9) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the protests be overruled; the hearing be closed; find and determine that public convenience and necessity require the proposed roadway construction in Daley Canyon Road between the west side of Chiquita Lane and a point approximately 620 feet east thereof; that the Special Assessment, Investigation and Limitation Act of 1931 shall not apply, and that further reading of the resolution be waived and that said resolution be adopted. vote: Marks, None. Resolution No. 86-137 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: COUNCIL MEMBERS MARKS AND ESTRADA EXCUSED Council Members Marks and Estrada left the Council meeting. 5 4/21/86 HEARING - WAIVER": UNDERGROUND UTILITIES - KENDALL AND STATE COLLEGE PARKWAY ..: DEVIL CANYON ROAD - TRACT NO. 12674 ..: KELVINGTON ENTERPRISES - CONTINUED FROM APRIL 7, 1986 This is the time and place continued to for a hearing to consider a waiver of the undergrounding of utilities at Kendall and State College Parkway, Tract No. 12674, Appellant Harold Kelvington, Kelvington Enterprises. (10) Mayor Pro Tempore Frazier opened the hearing. Discussion involved in the tract. was held concerning the difficulties undergrounding of utility lines on this Council Member Quie1 made a motion, seconded by Council Member Strickler and unanimously carried, that the hearing be closed and that the requirement of under- grounding the east/west utility lines be waived and that the developer be required to put up a $10,000 cash deposit prior to the commencement of construction for the future undergrounding of the three poles along Devils Canyon Road. COUNCIL MEMBERS MARKS AND ESTRADA RETURNED Council Members Marks and Estrada returned to the Council Meeting and took their places at the Council Table. HEARING FOR SUPPLEMENTAL FINDINGS - ORDER OF ABATEMENT - DAVID HATFIELD - 5055 DAVID WAY During an Appeal Hearing on October 7, 1985, requested by David Hatfield, property owner of 5055 David Way, concerning the Order of Abatement of his property, Jack Rosebraugh, Superintendent of Building and Safety, gave a background history of the construction at this site, which began in 1981, for which Mr. Hatfield refused to submit plans to City departments for approval on the grounds that the plans are a trade secret and would become public information upon submittal. (11) On December 16, 1985, the Mayor and Common Council found that the zoning at 5055 David Way is R-1, Single Family Residential, and that the structure proposed to be built, which was under construction, was in violation of the zoning ordinance in that it would result in a second residential building on that lot. The second residential building was declared a public nuisance under the zoning ordinance. It was further stipulated that the matter of the existing A-Frame dwelling located at 5055 David Way be referred to the Director of the Department of Building and Safety and the City Attorney to submit a report and recommendation on the violation concerning the absence of a garage and other violations deemed appropriate. Mr. Hatfield filed an appeal in Superior Court. The Superior Court remanded this appeal back to the Mayo r and Common Counc i 1 for fu r ther proceed i ng sin accordance with instructions from the court. The court asked that the Mayor and Common Council respond to the following questions with regard to the evidence in Mr. Hatfield's appeal: 1. From what location were the photographs of the subject structure taken? 2. From where were the building inspections made? 6 4/21/86 3. Was there any unsworn testimony received by the Mayor and Common Council and used as evidence in determining your findings and conclusions? 4. On what basis did the Mayor and Common Council make its findings? In her memorandum dated April 9, 1986, Deputy City Attorney Loren McQueen recommended that the Mayor and Council receive further testimony of James C. Clark, City Building Inspector, with regard to his inspections and the photographs of the subject structure. Ms. McQueen's memorandum also stated that the court ruled that on-premise photographs and inspections made at the time Mr. Hatfield was not on the property may not be used as evidence by the Mayor and Council. The Mayor and Common Council's findings may be based upon the written record of the Board of Building Commissioners and photographs and inspections made from locations off the Hatfield property and on the Hatfield property when Mr. Hatfield was present. Mayor Pro Tempore Frazier opened the hearing. Loren McQueen, Deputy City Attorney, read into the record the Declaration of Jack Rosebraugh, former Super- intendent of Building and Safety for the City of San Bernardino, entitled Exhibit A. In the Declaration, former Superintendent Rosebraugh stated that during the hearing before the Mayor and Common Council, the evidence presented to the Council upon which their findings were based, was the same as that presented to the Board of Building Commissioners. Any testimony which was received during the hearing before the Council was not used to support the findings and conclusions made by the Mayor and Council. Loren McQueen, Deputy City Attorney, questioned James Clark, under oath, regarding Exhibit B, copies of photo- graphs taken by James Clark on the subject premises at 5055 David way in the presence of owner David Hatfield; Exhibit C, depicting the locations from which the photographs of Exhibit B were taken and from what points inspections were made; Exhibit D, copies of photographs taken by James Clark from a location off the subject premises at 5055 David Way; Exhibit E, depicting the locations from which the photographs of Exhibit D were taken. James Clark, Building Inspector, testified concerning the dates that the photographs were taken; that he took photographs from locations both on and off the subject property at 5055 David Way; that some of the on-premises photographs were taken while owner David Hatfield was present on the property; that Mr. Clark prepared the two enlarged assessor's maps showing locations from where he took the photographs; that one diagram described locations from which on-premises photographs taken in Mr. Hatfield's presence were taken and that the second diagram described the off-premises locations from where photographs were taken from non-exclusive City easement property, which provides access to a City water reservoir, and that Mr. Clark made all of his inspections at the same time that the photographs were taken. 7 4/21/86 Loren McQueen, Deputy City Attorney, questioned James Clark, Building Inspector, concerning which photographs depicted his inspection findings of non":compliance of City grading ordinances, earthquake zones, mechanical utility installation, platforms over a slope, unsafe conditions due to the absence of a handrail, two residential struc- tures on a lot zoned R-l for one single-family dwelling. David Hatfield, owner of the subject property at 5055 David Way, cross-examined James Clark, Building Inspector, concerning the dates that the photographs were taken and whether or not permission was granted to James Clark by David Hatfield to be on his property and to take photo- graphs. James Clark, Building Inspector, stated that the dates on the photographs are the dates on which the photographs were taken. His response to Mr. Hatfield's question as to whether Mr. Hatfield objected at the time the photographs were taken was, "No". He added that he did not have written permission from Mr. Hatfield to be on the property and that no others, aside from Mr. Hatfield and himself, were present at the time the photographs were taken. David Hatfield, property owner, 5055 David Way, was sworn in by City Clerk Clark. The issue as to whether Building Inspector Clark was aware at the time he took the photographs that Mr. Hatfield's project was a trade secret was discussed. Deputy City testimony on the and was sustained Attorney Loren McQueen objected to trade secret issue as being irrelevant, by Mayor Pro Tempore Frazier. David Hatfield stated that at no time did he ever permit Building Inspector Clark, or anyone else, to take pictures or make any inspections at all on his property. He also stated he had never seen Mr. Clark on the property taking pictures or with a camera in hand. In response to Attorney McQueen, Mr. Hatfield stated that he objected to the pictures at the Board of Building Commission's hearing and is continuing his objection. Mr. Hatfield was given an opportunity to present additional evidence. Mr. Hatfield had no further evidence, but did request that the Council read the court transcript. He objected to the statement that the findings of the Council were based upon the findings of the Board of Building Commissioners. Loren McQueen, Deputy City Attorney, presented a summary on behalf of the City, covering each question proposed by the Superior Court when remanding the appeal back to the Mayor and Common Council, and stated that the same evidence presented to the Board of Building Commis- sioners was presented to the Mayor and Common Council and was used by the Council to reach their conclusions. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the hearing be closed. 8 4/21/86 RES. 86-138 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING THE SECOND SUPPLEMENTAL FINDINGS REGARDING THE BOARD OF BUILDING COMMISSIONERS' ABATEMENT PROCEEDINGS IN THE MATTER OF 5055 DAVID WAY, SAN BERNARDINO, CALIFORNIA. (11) City Clerk Clark read the title of the resolution. Council Member Quie1 made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. vote: Marks, None. Resolution No. 86-138 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: CONTINUANCE OF APPEAL HEARINGS Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, to con- tinue the remaining appeal hearings concerning Board of Building Commissioners' Orders of Abatement of properties located at 1348 and 1358 W. Fifth Street, 638 "L" Street, 1093 W. Fifth Street and 940 - 946 N. "G" Street until later in the Council Meeting at 2:00 p.m. (12, 13, 14, 15) APPEAL HEARING - ABATEMENT OF ABANDONED VEHICLES - DAN DUFFY - 1098 W. FIFTH STREET This is the time and place set for consideration of an administrative appeal of the decision of Fire Chief Newcombe concerning Notice to Abate abandoned vehicles located at 1098 W. Fifth Street given to Dan Duffy, owner of the vehicles, as requested in his letter dated April 14, 1986. (16) In a memorandum dated April 15, 1986, Fire Chief Gerald Newcombe stated that a complaint was received con- cerning the storage of 20 inoperative buses on property located at 1098 W. Fifth Street, and after an inspection was made of the property by Fire Department personnel, notices for abatement to be completed by April 10, 1986, were issued. Prior to April 10, 1986, Dan Duffy, owner of the buses, requested a hearing before Fire Chief Newcombe, which was held on April 7, 1986, resulting in the order to continue with the abatement of the buses. Fire Chief Newcombe answered questions concerning the circumstances surrounding the issuance of the Notices to Abate. Dan Duffy, owner of the buses, stated that the buses were stored on the property located at 1098 W. Fifth Street from Orange County, that the buses were inoperable because they had been taken off their axels, that the front of the property is zoned commercial, the rear property is zoned R-3, and that an industrial building has been located on the property for the past 50 - 60 years. Greg Garcia of the Mayor's Office spoke regarding provisions for inoperable vehicles in the Uniform Fire Code, the fact that the buses are parked on R-3 property, that this matter was brought before the MAC (More Attractive Community) Committee on March 12, 1986, and that a Conditional Use Permit was denied this property. 9 4/21/86 Council Member Estrada made a motion, seconded by Council Member Quie1 and unanimously carried, that the hearing be closed, the appeal denied and that the property owner be given ten days in which to remove inoperative vehicles from the property. Discussion was held concerning a precise directive for Mr. Duffy, owner of the vehicles. Council Member Quiel made an amendment to the pre- vious motion, seconded by Council Member Estrada and unanimously carried, to include information in the motion that the property is located at 1098 W. Fifth Street, that the vehicles in question are those cited by the Fire Department, that the vehicles must be removed from the property by April 30,1986, at midnight, and if the vehicles are not removed, the City will have the authority to remove them on May 1, 1986. Counc i 1 Membe r Qu i e 1 mad e a mot i on, seconded by Council Member Frazier and unanimously carried, to direct staff to review the property for non-compliance of zoning ordinances and to take whatever action is necessary. RECESS MEETING - CLOSED SESSION At 11:16 a.m., Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, to recess to Closed Session to consider personnel matters under the authority of Government Code Section 54957. CLOSED SESSION At 11:16 a.m., Mayor Pro Tempore Frazier called the Closed Session to order in the Conference Room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Frazier; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, Deputy City Admini- strator Schweitzer. Absent: Mayor wilcox. Also present was Chief of Police Burnett. ADJOURN CLOSED SESSION At 11: 30 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 11:30 a.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Pro Tempore Frazier; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, Deputy City Administrator Schweitzer. Absent: Mayor Wilcox. 10 4/21/86 PERSONNEL ACTIONS Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to approve the Personnel Actions submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino, with the exception of the promotion to Assistant Chief of police, inasmuch as alternative reorganization plans for the structure of the Police Department are being considered: (8) APPOINTMENTS Fire Department Paul A. Drasil - Firefighter - Effective May 5, 1986 TEMPORARY APPOINTMENTS SBETA - Administration Summer Youth Specialist - Steven R. Hess Milton Washington Effective April 22, 1986 - Elaine M. Irwin Parks, Recreation & Community Services Dolores Mercado - Recreation Aide - Effective April 22, 1986 Christine Wells - Recreation Specialist - Effective April 22, 1986 Kitchen Helper - Effective April 22, 1986 - Lorena Harris Frances Rosales Police Department Law Enforcement Trainee Edward M. Golubic - Effective April 22, 1986 - Valerie Halterman Public Buildings Custodial Aide I - Effective Sebastian Beltran Jerome A. Razo April 22, 1986 - Robert E. Martinez Louis W. Robinson PROMOTION Police Department Police Officer to Training Officer - Effective April 28, 1986 - Renato E. Gianninni Steven M. Klettenberg Timothy Littlefield - Training Officer to Sergeant - Effective April 28, 1986 PROMOTION/TRANSFER Police Department Michael Billdt - Detective to Sergeant - Effective April 28, 1986 DEMOTION/VOLUNTARY Police Department Susan L. Tronaas - Dispatcher I to Intermediate Typist Clerk - Effective April 22, 1986 COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Vice Chairman Strickler in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 11 4/21/86 SET HEARING - UPTOWN REDEVELOPMENT PROJECT - ADOPTION OF REDEVELOPMENT PLAN - DRAFT EIR - CONSIDER ADOPTION OF RESOLUTIONS This is the time and place set for consideration of setting a public hearing for adoption of a Redevelopment Plan, a draft Environmental Impact Report and to consider adoption of resolutions for the Uptown Redevelopment project. (R-3A) In a memorandum dated April 14, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, stated the scope and objectives, and provided an Action Schedule regarding the Uptown Redevelopment Project. RES. 86-139 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, CONSENTING TO THE HOLDING OF A JOINT PUBLIC HEARING WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ON THE ADOPTION OF THE REDEVELOPMENT PLAN FOR THE UPTWON REDEVELOPMENT PROJECT AND AUTHORIZING PUBLICATION AND MAILING OF NOTICES OF JOINT PUBLIC HEARINGS. (R-3A) City Clerk Clark read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolution be waived, that said resolution be adopted, and that the hearing be set for June 2, 1986, at 4:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. Resolution No. 86-139 was adopted by the vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. None. following Hernandez, Absent: EXEMPTION TO MORATORIUM - JACK VANDERWOUDE - CENTRAL CITY SOUTH In a memorandum dated April 14, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, stated that Jack VanderWoude, developer, made a presentation of his proposed expansion and rehabilitation of the Where- house and Radio Shack on "E" Street to the Central City South Study Team, which recommends approval of an exemption to the 120-day moratorium for Mr. VanderWoude subject to approval of the landscape plan for the proposed rehabilitation and expansion of the center. (R-4) Council Member Strickler abstained from this item. Council Member Reilly made a motion, Council Member Estrada, to approve exemption day mor a tor i um for Jack Vande rWoude to rehabilitate the Wherehouse and Radio Shack subject to approval of his landscape plan. seconded by to the 120- expand and on I1EII Street, The motion carried by the following vote: Council Members Estrada, Reilly, Hernandez, Marks, Frazier. Noes: None. Absent: None. Abstained: Member Strickler. Ayes: Quiel, Council 12 4/21/86 CHANGE ORDER NO. ONE": APPROVAL & ACCEPTANCE OF WORK - SCC GENERAL CONTRACTOR ..: TWO RACQUETBALL COURTS - BOYS CLUB In a memorandum dated April 3, 1986, Roger Hardgrave, Director of Public Works/Engineering, recommended approval of Change Order No. One, regarding framing of a new roof into an existing roof as directed by the Architect on the construction of two racquetball courts at the Boys Club, that the work be approved and accepted, and that final payment be authorized at the expiration of the lien period. (R-10) Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that Change Order No. One to the contract with SCC General Contractor for the construction of two racquetball courts at the BOys' Club, in accordance with plan No. 6684, be approved; to authorize the Contractor to frame the new roof into the existing roof, at an increase in contract price of $2,208.44, from $138,760.00 to $140,968.44; that the work performed by the Contractor, in accordance with Specifi- cation No. 6684, be approved and accepted; and that final payment be authorized at the expiration of the lien period. CASTLE PARK APARTMENTS PROJECT - AMENDMENT NO. 2 - BOND DOCUMENTS In a memorandum dated April 14, 1986, Glenda Saul, Director of the Redevelopment Agency, proposed Amendment No. 2 to the bond documents regarding the Castlepark Apartment Project, and the inclusion of the Intercreditor Agreement, in order to incorporate certain provisions of the Letter of Credit to be issued by the Bank of Tokyo, Ltd., in order that the bonds continue to receive a "AAA" rating from Moody's. (R-11) RES. 86-140 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CERTAIN AMENDMENT NO. 2 TO THE INDENTURE OF TRUST, A CERTAIN AMENDMENT NO.2 TO THE LOAN AGREEMENT AND A CERTAIN INTERCREDITOR AGREEMENT IN CONNECTION WITH ITS CITY OF SAN BERNARDINO, CALIFORNIA, MULTIFAMILY HOUSING REVENUE BONDS 1985 SERIES (CASTLEPARK APARTMENTS PROJECT). (R-ll) City Clerk Clark read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. vote: Marks, None. Resolution No. 86-140 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: TEFRA PUBLIC HEARING - DEL ROSA GARDENS PROJECT In a memorandum dated April 14, 1986, Glenda Saul, Director of the Redevleopment Agency, requested that the TEFRA public hearing concerning the Del Rosa Gardens Pro- ject be tabled, as the developer, Del Rosa Partnership, is no longer seeking bond financing and will use conventional financing for the project. (R-14) Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the TEFRA Public Hearing concerning the Del Rosa Gardens Project be tabled. 13 4/21/86 APPROVAL OF CHANGE ORDER NO. ONE": DUNCAN CONSTRUCTION ..: NICHOLSON PARK COMMUNITY CENTER In a memorandum dated April 16, 1986, Roger Hardgrave, Director of Public Works/Engineering, provided a cost analysis for the heating and air conditioning, water and cooking range, from an all electric to a gas system for the Nicholson Park Community Center to increase maintenance and energy efficiency, recommending the approval of Change Order No. One to the contract with Duncan Construction. (RS-1) Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that Change Order No. One to the contract with Duncan Construction for the construction of a Community Center at Nicholson Park, in accordance with Plan No. 6781, be approved, to authorize credits and payment for increases for various items of work at a net increase in contract price of $236, from $396,215 to $396,451. CENTRAL CITY SOUTH STUDY AREA - SPECIFIC PLAN AND ENGINEERING STUDY In a memorandum dated April 15, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, provided Conceptual Development Plan Alternatives for the Central City South Study Area, which were prepared by the URS Corporation. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT AMONG THE CITY OF SAN BERNAR- DINO, THE REDEVELOPMENT AGENCY AND URS CORPORATION FOR CENTRAL CITY SOUTH STUDY AREA SPECIFIC PLAN AND ENVIRONMENTAL IMPACT REPORT CONSULTANT SERVICES. (RS-3B) City Clerk Clark read the title of the resolution. Council Member Reilly made a motion, Council Member Quiel and unanimously carried, reading of the resolution be waived. seconded by that further Glenda Saul, Director of the Redevelopment Agency, answered questions regarding the cost of the consultant services, the impact of a delay on the project and stated that this contract is for the project's specific plan. Discussion was held concering the preparation of a written financial analysis using reasonable assumptions to justify the financial viability of the project and the importance of starting engineering work. Steve Wilburn of URS Consultant Services answered questions regarding the consultant services estimate, and stated that there is no defined scope of alternatives on this project. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to direct staff to provide a project financial viability analysis using reasonable assumptions and to prepare and send out an RFP to qualified firms to provide the services that require an outside contract, recognizing that we need to scrutinize the project services to see if, in fact, they can be done in house. 14 4/21/86 RES. 86-141 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT AMONG CITY, REDEVELOPMENT AGENCY AND BROWN AND MULLINS FOR CONSULTANT SER": VICES (CENTRAL CITY SOUTH STUDY AREA). (RS-3D) City Clerk Clark read the title of the resolution. Council Memer Marks made a motion, seconded by Council Member Quie1 and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 86-141 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. FISCAL YEAR 1986/87 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM MIX In a memorandum dated April 10, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, recom- mended the following Program Mix for the Fiscal Year 1985/86 and the Mix recommended for 1986/87, regarding the appropriation of Community Development Block Grant funds: (RS-4) a) Public Service Agreements: (private non-profit agencies) b) Capital Improvement Program: (Includes loan repayment - sewer fund) c) Rehabilitation Loans: d) Employment Linkage: e) Demolition: f) Infill Housing: g) Fair Housing: h) Contingency: i) Administration: Approved FY 85/86 Recommended FY 86/87 $287,000 $190,000 $433,000 $450,000 $200,000 $100,000 $100,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 52,393 $ 50,000 $349,007 $200,000 $325,949 $285,000 $1,847,349 $1,425,000 The information shown as 1985/1986 includes only directly comparable categories, so the figures will not add to $2,007,000, the amount of the 1985/1986 grant. Ken Henderson, Manager of the Community Development Division of the Redevelopment Agency, answered questions regarding the amount of Community Development Block Grant funds that can be appropriated city-wide, regulations on lump sums drawn out and program income, stating that program income is returned to HUD if not used immediately and regarding his recommendations made in the Staff Report. Glenda Saul, Executive Director of the Redevelopment Aency, spoke regarding a capital improvement mix city- wide. 15 4/21/86 Council Member Quie1 made a motion, seconded by Council Member Marks and unanimously carried, to reduce the Rehabilitation Program appropriation by $100,000 and add it to the Capital Improvement appropriation, increasing it to $550,000. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried to accept the balance of the Program Mix as amended, and authorize staff to solicit proposals based upon said Program Mix. RECESS MEETING At 12:40 p.m., Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the meeting be recessed until 2:00 p.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:05 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Pro Tempore Frazier; Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler; City Attorney prince, City Clerk Clark, Deputy City Administrator Schweitzer. Absent: Council Member Quiel. PROCLAMATION - FAIR HOUSING MONTH - APRIL, 1986 Richard Bennecke, Administrative Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, proclaiming the month of April, 1986, as Fair Housing Month. Mary Irving, Executive Director of the San Bernardino Community Housing Resource Board, was present to accept the proclamation and was commended for her work concerning fair housing in the City. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, to approve the proclamation. ENTERPRISE ZONE - NORTHWEST REDEVELOPMENT PROJECT In a memorandum dated April 21, 1986, Council Member Frazier requested that the Redevelopment Commission dis- cuss the Northwest Redevelopment project and the Enter- prise Zone, and provided a copy of his draft letter to Mr. Richard Whitman of the Department of Commerce. COUNCIL MEMBER QUIEL ARRIVED At 2:11 p.m., Council Member Quiel arrived at the Council Meeting and took his place at the Council Table. Discussion was held concerning why this matter was no t i nc 1 uded on the Redevel opmen t Agency Agenda as requested by Council Member Frazier. 16 4/21/86 Glenda Saul, Executive Director of the Redevelopment Agency, responded to Council Member Frazier's concern that this item had not been placed on the Redevelopment Agency Agenda, spoke of her commitment to the project and stated that one person is assigned solely to the Enterprise Zone and one other person is assigned to all ten other pro- jects. Counci 1 Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that a letter be sent to Mr. Richard Whitman of the Department of Commerce, inviting him to come to San Bernardino and discuss the Enterprise Zone with the Mayor, Common Council and staff. Discussion was held concerning the California State University Survey on the Enterprise Zone. Council Member Frazier made a motion, seconded by Council Member Hernandez, that the Enterprise Zone Program be referred to the Ways and Means Committee, and during the process, that the Committee look into the survey being conducted by the California State Foundation for the State University and all expenses halted until the report comes back from the Ways and Means Committee. Discussion was held concerning withdrawing the motion and requesting staff to arrange a meeting. Council Member Marks made a substitute motion, seconded by Council Member Quiel and unanimously carried, to refer the matter of the Enterprise Zone application to the Ways and Means Committee for a status report from staff on implementation of the Enterprise Zone and to make the report and any recommendations that are needed back to the full Council. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS ORDER TO DEMOLISH - 1348 WEST FIFTH STREET AND 1358 W. FIFTH STREET - OWNERS JOHN AND ANGEL ZARAGOZA In an undated memorandum from Charles Dunham, Acting Superintendent of Building and Safety, a fact sheet was provided concerning the circumstances surrounding the Board of Building Commissioners Order of Abatement of nuisances located at 1348 and 1358 W. Fifth Street, which was appealed by owners John and Angel Zaragoza in a letter from John Zaragoza, which was received by the Department of Building and Safety on March 17, 1986. (12) Mayor Pro Tempore Frazier opened the hearing. John and Angel Zaragoza, property owner of 1348 and 1358 W. Fifth Street, answered questions regarding their intentions to repair and clean up the nuisances. Charles Dunham, Acting Superintendent of Building and Safety, answered questions regarding unsafe conditions existing on the properties. John and Angel Zaragoza, property owner of 1348 and 1358 W. Fifth Street, were commended on their previous efforts made to correct unsafe and unattractive conditions on the property. Council Member Estrada made a motion, seconded by Council Member Quie1, to continue the appeal hearing to the first meeting in August (August 4,1986), and impose the following conditions to be met by that date: that some work be done to improve the appearance of the walls - 17 4/21/86 namely painting; that grass or ivy be planted on the slope to give a nice green appearance and to control erosion; that the stairwell be blocked off to correct unsafe conditions, and that the Building and Safety Department review the progress of the work in 90 days to see that it has been accomplished. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quie1, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS ORDER TO DEMOLISH - 638 NORTH "L" STREET - PACIFIC FIRST FEDERAL SAVINGS BANK - VETERANS ADMINISTRATION - CRUZ SAENZ In a memorandum dated April 14, 1986, Charles Dunham, Acting Superintendent of Building and Safety, provided the circumstances surrounding the Board of Building Commis- sioners Order of Abatement of property located at 638 "L" Street, which has been appealed by Cruz Saenz, a property management broker representing the Veterans Administra- tion, in his letter dated March 14, 1986. (13) Mayor Pro Tempore Frazier opened the hearing. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. Cruz Saenz, property management broker representing the Veterans Administration, spoke concerning the Veterans Administration being exempt from condemnation, stated that the Building and Safety Department determined the property to be economically infeasible to rehabilitate, and requested that the City either buy the property for a price of $25,000 or demolish the nuisance free of cost to the Veterans Administration. James Clark, Bui Iding Inspector and Condemnation Officer, stated that the cost of repairing the property to meet current Building and Safety Code would exceed the value of the property. Council Member Quiel made a motion, seconded by Council Member Strickler, to close the public hearing, deny the appeal and uphold the decision of the Board of Building Commissioners to abate the nuisance by demoli- tion. City Attorney Prince continued in order to provide property is owned by a federal requested the matter a legal opinion since government agency. be the Council Member Quiel made a substitute motion, seconded by Council Member Estrada, to send the matter of the order to demolish the property located at 638 N. "L" Street back to the Board of Building Commissioners and to continue the matter to June 2, 1986, in order to obtain a legal opinion regarding abatement jurisdiction with regard to federal property. Cruz Saenz, property management broker representing the Veterans Administration, stated that more time would be needed in order to repair the property, but that the Veterans Administration would pay half of the demolition costs if the City would pay half. The substitute motion made by Councilman Quiel carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Strickler. Noes: Council Member Hernandez. Absent: Council Member Frazier. 18 4/21/86 APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS ORDER OF ABATEMENT - 1093 W. FIFTH STREET ..: MAURICE PETERS In a memorandum dated April 14, 1986, Charles Dunham, Acting Superintendent of Building and Safety, provided facts surrounding the Board of Building Commissioners Order of Abatement of property located at 1093 W. Fifth Street, and a letter of appeal of that decision dated March 14, 1986, from Maurice Peters, property owner. (14) Maurice Peters, property owner, requested a postponement of the appeal hearing until May, 1986, in a letter dated April 19, 1986, which was hand delivered to the City Clerk during the Council Meeting, stating that he would be in the audience if the Council had any questions. Discussion was held concerning the 14-year history of complaints concerning the condition of the property. James Clark, Building Inspector, stated that Mr. Peters, property owner, 1093 W. Fifth Street, was present and spoke at the Board of Building Commissioners hearing concerning his property. Council Member Estrada made a motion, seconded by Council Member Hernandez and unanimously carried, to close the hearing and affirm the decision of the Board of Building Commissioners. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS - ORDER TO DEMOLISH 940-946 N. "G" STREET - MYLES WATKINS - WAYNE SHULL In a memorandum dated April 14, 1986, Charles Dunham, Acting Superintendent of Building and Safety, provided facts surrounding the Board of Building Commissioners Order to Abate by demolition a nuisance located at 940- 946 N. "G" Street, and a letter of appeal of the Order to Abate dated February 21, 1986, from Myles Watkins and Wayne Shull, property owners. (15) Mayor Pro Tempore Frazier opened the hearing. Discussion was held concerning legal ownership of the property. James Clark, Building Inspector, answered questions regarding the mailing and posting of Orders to Abate to property owners. Council Member Reilly made a motion, seconded by Council Member Quiel, to continue the matter of the Order to Abate by demolition of a nuisance located at 940-946 N. "G" Street until May 5, 1986, and that notice be sent by registered mail to the property owner(s) of record. The motion carried by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Estrada. Absent: Council Member Hernandez. 19 4/21/86 COUNCIL MEMBER HERNANDEZ RETURNS Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. LEGISLATIVE REVIEW COMMITTEE MEETING REPORT - APRIL 14, 1986 Council Member Strickler, Chairman of the Legislative Review Committee, presented the report of the Legislative Review Committee Meeting held on April 14, 1986. The following items were discussed: (19) 1. Ordinance Amendment MC Clarify That Sale of Merchandise And Recreational Faci li ties of recommended approval. Section 12.80.120 to is Prohibited in Parks City The Committee 2. Eliminate Repealing approval. Ordinance Amendment provision for Payment MC Section 5.82.040 - MC Section 5.82.060 to of Investigation Fee, and The Committee recommended 3. Approval of Games of Amusement Application - Shelby Music and Games - Item continued. The Committee requested-repor~and recommendations from the City Attorney, City Clerk and Police Department and asked that these departments keep in mind the objective - licensing by location. 4. School Impaction Fees - Redlands Unified School District (3:00 p.m.) The Committee reaffirmed its previous-recommendation that the Council approve the same fees for the Redlands Unified School District as those in effect in the San Bernardino Unified School District. 5. Reconsideration of Application for Exemption from paymen t 0 f School Impac t i on Fees P 1 a z a Development Corporation (Initial Application by Landtech, Inc.) -Item continued. The Committee requested that Attorney Gary W. Smith, Plaza Development Corporation, forward any new information to the Committee for consideration and appear before the Committee at its next meeting. The Committee noted that in order for an item to be reconsidered, new and pertinent information must be provided to take the item from the table. 6. Driveway Fill-Ins - MC Chapter 12.92, Wards 1, 2, 3, 5, 6 - Progress Report - The Committee recommended that-Publlc-Works contactthe owners of the 40 approaches relative to repair and replacement and return to the Committee with their responses. John Wilson, Attorney, Parker and Covert, spoke on behalf of the Redlands Unified School District, asking the Council to adopt the same fee schedule for Redlands Unified School District property that is located within the City of San Bernardino as is used for the Redlands Unified School District, and answered questions of the Council, stating that the County of San Bernardino does not charge the Red1ands School Impaction Fee for Redlands property within the unincorporated areas. Discussion was held concerning the fact that there is a mitigation measure. The Redlands Unified School Dis- trict could de-annex their property within San Bernardino and assign it to the San Bernardino City Unified School District. 20 4/21/86 RES. 86-142 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING THE AMOUNT OF SCHOOL FACILITIES FEES TO BE PAID TO THE REDLANDS SCHOOL DISTRICT FOR EACH DWELLING UNIT WITHIN THE MUTUAL BOUNDARIES OF THE CITY AND THE DISTRICT DURING THE 1985-86 SCHOOL YEAR. (19) RES. 86-143 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A REQUIREMENT FOR PAYMENT OF FEES BY DEVELOPERS OF NEW RESIDENTIAL DEVELOPMENT IN THE RED LANDS SCHOOL DISTRICT TO MITIGATE IMPACTS OF SUCH DEVELOPMENT ON LOCAL SCHOOLS AND PRESCRIBING A PROCEDURE FOR SUCH PAYMENT. (19) City Clerk Clark read the titles of the resolutions. Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that further reading of the resolutions be waived. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that said resolutions be adopted. vote: Marks, None. Resolution No. 86-142 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Resolution No. 86-143 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that the report of the Legislative Review Committee meeting held April 14, 1986, be received and filed. CHANGE OF ZONE NO. 86-4 - FROM C-2, COMMUNITY COMMERCIAL TO R-1-7200, SINGLE-FAMILY RESIDENTIAL ZONE - 1666 WEST NINTH STREET - GARY AND GERALDINE YEAKEL - CONTINUED FROM APRIL 7, 1986 This is the time and place continued to for con- sideration of the application for Change of Zone No. 86-4 by applicant Richard Yeakel on behalf of owners Gary and Geraldine Yeakel, requesting a change in the Land Use Zoning District from C-2, Community Commercial to R-1- 7200, Single-Family Residential Zone, for property located at l666 West Ninth Street. (44) Discussion was held concerning the possibility of the property owner putting a "move-on" on the property located at 1666 West Ninth Street once this change of zone is approved. Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that the application for Change of Zone No. 86-4 be continued to May 5, 1986, at 2:00 p.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. 21 4/21/86 POLICY - "MOVE-ONS" Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the matter concerning "move-ons" be referred to the Legislative Review Committee for study and recommendation back at the meeting of May 5, 1986. APPEAL HEARING - VARIANCE NO. 86-4 - CONDITION #5 - REMOVAL OF DOUBLE-FACED MARQUEE - 666 FAIRWAY DRIVE - ACME-WILEY CORP. - J.H.M. CALIFORNIA, INC. - CONTINUED FROM APRIL 7, 1986 This is the time and place continued to for consideration of an appeal filed by Acme-Wiley Corporation for owner J. H. M. California, Inc. on the Planning Commission's condition of approval for Variance No. 86-4 - Condition #5, that the interior lighted, doubled-faced marquee, as indicated on the site plan, shall be removed from the sign. (45) Rick Thornton, Acme-Wiley Corporation, answered questions regarding the appearance of the marquee sign. The property owner was present to answer questions. Frank Schuma, Planning Director, explained the con- cerns of the Planning Commission, which led to the requirement of removal of the double-faced marquee. Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, to deny the decision of the Planning Commission and grant the appeal in accordance with the staff recommendation. AMENDMENT - SAN BERNARDINO MUNICIPAL CODE - CHAPTER 18.64 - LOT LINE ADJUSTMENTS In a memorandum dated April 9, 1986, Frank Schuma, Planning Director, proposed an ordinance amendment to remove the lot line adjustment process from the public hear i ngs process and place it on the agenda of the Development Review Committee for administrative review. (46) Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, to approve the responses to comments and to adopt the Negative Declaration for environmental review, which has been reviewed and considered; and to approve the findings and recommendations of the Planning Commission, and to direct the City Attorney to prepare the necessary amendments to the Ordinance. CHANGE OF ZONE NO. 86-3 - PRD, PLANNED RESIDENTIAL DEVELOPMENT AT 20 UNITS PER ACRE TO PRD 24 UNITS PER ACRE - EAST SIDE OF CENTRAL AVENUE - HILL WILLIAMS DEVELOPMENT CORPORATION - KAPING MAK - WONG WAI NUNG MAK In a memorandum dated April 9, 1986, Frank Schuma, Planning Director, provided a Summary and Observations concerning the application by Hill Williams Development Corporation for owners KaPing Mak and Wong Wai Nung Mak for Change of Zone No. 86-3 from PRD, Planned Residential Development at 20 units per acre to PRD, Planned Residential Development at 24 units per acre for 7.8 acres located on the east side of Central Avenue, approximately 600 feet south of the centerline of Highland Avenue. (47) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, to approve the responses to comments and to adopt the Negative Declaration for environmental review, which has been reviewed and considered; to approve the findings and 22 4/21/86 recommendations of the Planning Commission, and to direct the City Attorney to prepare the necessary amendments to the Zoning Ordinance. CHANGE OF ZONE NO. 86-5 - C-3A, LIMITED GENERAL COMMERCIAL TO R-3-3000, MULTIPLE FAMILY RESIDENTIAL - 40TH STREET - WEST SIDE OF SEVERENCE AVENUE - JERRY E. & RICHARD L. REYNOLDS In a memorandum dated April 9, 1986, Frank Schuma, Planning Director, provided a Summary and Observations concerning the application of Jerry E. and Richard L. Reynolds for Change of Zone No. 86-5 from C-3A, Limited General Commercial to R-3-3000, Multiple Family Residential for property located approximately 158 feet south of the center line of 40th Street on the west side of Severence Avenue in the northern portion of the City. (48 ) The Council restated their policy that no density bonuses will be granted, and that a provision be included in the Change of Zone ordinance. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to approve the responses to comments and to adopt the Negative Declaration for environmental review, which has been reviewed and considered; to approve the findings and the <, recommendation of the Planning Commission and to direct the City Attorney to prepare the necessary amendments to <, the Zoning Ordinance. CHANGE OF ZONE NO. 86-6 - C-M, COMMERCIAL MANUFACTURING TO C-3A, LIMITED GENERAL COMMERCIAL ZONE - WEST SIDE OF CAMINO REAL - W. R. HENDRIX ENGINEERING & ASSOCIATES - ORANGE SHOW PLAZA ASSOCIATION In a memorandum dated April 9, 1986, Frank Schuma, Planning Director provided a Summary and Observations concerning the application for Change of Zone No. 86-6 by W. R. Hendrix Engineering & Associates for the owner, Orange Show Plaza Association, two parcels of approxi- mately 41.4 acres located on the westerly side of Camino Real, southerly of the intersection of Orange Show Road and "F" Street, from C-M, Commercial Manufacturing to C-3A, Limited General Commercial zone. (49) Council Member Quiel abstained from this item due to a possible conflict of interest. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, to approve the responses to comments and to adopt the Negati ve Declaration for environmental review, which has been reviewed and considered; to approve the findings and recommendations of the Planning Commission, and to direct the City Attorney to prepare the necessary amendments to the Zoning Ordinance. GENERAL PLAN AMENDMENT 84-4 - REQUEST TO OVERRIDE AIRPORT LAND USE COMMISSION CONDITION NO.1 - AUTO CENTER COFFEE SHOP In a memorandum dated April 17, 1986, Frank Schuma, Planning Director, stated that applicant Daniel S. Evans & Associates, in their letter dated March 26, 1986, on behalf of Orange Show Plaza Associates, requests that the Council override Condition No.1 placed on General plan Amendment 84-4 by the Airport Land Use Commission. The condition prohibits restaurants, except coffee shops not serving alcoholic beverages and fast food restaurants, 23 4/21/86 within an Airport District II, and will affect the planning of a proposed automobile center on a site encom- passing approximately 29.4 acres located northerly of Fairway Drive, easterly of the extension of Orange Show Road, southerly of Century Avenue and westerly of Camino Real. Frank Schuma, Planning Director, stated in his memo- randum dated April 17, 1986, that the AICUZ study states, "These compatibility guidelines must not be considered as definitive or inflexible standards. They are the frame- work within which land use compatibility questions can be addressed and resolved." He further stated that the applicant proposes to construct a coffee shop to be inte- grated with the auto center, which would not provide alcoholic beverages or entertainment and the volume of patrons would not be intense. In order to override Condition No.1 of the Airport Land Use Commission, the Mayor and Council must approve the applicant's request by a 4/5 vote. Planning Director Schuma spoke concerning the City's liability in the event of an airplane crash in the Airport District II if the Council votes to override the decision of the Airport Land Use Commission. City Attorney Prince concurred with Planning Director Schuma concerning the City's exposure to liability if the Council approves the coffee shop. Planning Director Schuma pointed out that the City's ordinance permits the operation of a coffee shop within an Airport District II, not in conflict with the Airport Land use Commission regulations, but placing the City in a position to override the Commission. Council Member Reilly made a motion, seconded by Council Member Marks and unanimously carried, to refer the matter of approving a coffee shop in an Airport District II back to the Airport Land Use Commission to see if they will change their mind; that the Planning Director be instructed to contact the Airport Land Use Commission to request a hearing to consider allowing a coffee shop in the area of the auto center and that the request state that the hearing is to be held as soon as possible in order to report back to the Council at the earliest pos- sible date. APPROVAL OF PLANS - AUTHORIZATION TO PROCEED - RESOLUTION OF INTENTION - STREET VACATION - PORTION OF UNNAMED EAST/WEST STREET LOCATED SOUTH OF VARSITY AVENUE In a memorandum dated April 11, 1986, Roger Hard- grave, Director of Public Works/Engineering, stated that a request, representing 100% of the owners adjoining the street in question, was received to vacate a portion of an unnamed east/west street located at the southerly terminus of Varsity Avenue from the owners who adjoin the portion to be vacated relative to proposed developments. (S-3) RES. 86-144 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THAT CERTAIN UNNAMED EAST/WEST STREET LOCATED AT THE SOUTHERLY TERMINUS OF VARSITY AVE- NUE, AND RESERVING AN EASEMENT FOR SEWER FACILITIES THEREIN. (S-3 ) City Clerk Clark read the title of the resolution. 24 4/21/86 Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. vote: Marks, None. Resolution No. 86-144 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: APPROVAL - FINAL MAP - TRACT NO. 12824 - COLLEGE AND VARSITY AVENUES In a memorandum dated April 17, 1986, Roger Hard- grave, Director of publ ic Works/E ng i neer i ng, s ta ted tha t the Final Map for Tract No. 12824, a 516-unit apartment planned residential subdivision located at the southwest corner of College Avenue and Varsity Avenue has been reviewed and found to be in substantial compliance with the tentative map and the Division Map Act. (S-5) RES. 86-145 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 12824, LOCATED AT THE SOUTHWESTERLY CORNER OF COLLEGE AVENUE AND VARSITY DRIVE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (S-5 ) City Clerk Clark read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. vote: Marks, None. Resolution No. 86-145 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: CONTINUE MEETING At 5:30 p.m., Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the Council Meeting would continue until 6:30 p.m. HIGHLAND AREA PLAN - CONTINUED FROM APRIL 7, 1986 This is the time and place set for discussion con- cerning the Highland Area Plan. The Planning Department was in the process of completing the plan when the Mayor and Common Council directed staff to cease all work on the Highland Area Plan; requested the County Board of Super- visors to support the continued participation in the Plan to the extent of $50,000; continued the matter to October 7, 1985, and directed the Planning Director to notify all individuals on committees of this action taken by the Council, that the City is in a holding position, and please stand by. (17) The matter of the Highland Area plan was continued from October 7, 1985, to October 21, 1985, to November 4, 1985, at which time the Common Council authorized and directed the Mayor to formally request of the San Bernar- dino County Board of Supervisors a joint venture for con- ducting the appropriate study for the eventual adoption of an amendment to the General Plan for San Bernardino- Highland and East Highland Area. 25 4/21/86 Frank Schuma, Planning Director, provided a history of the original Highland Plan, which was prepared by the County approximately 12 years ago, and of the Verdemont Plan, which is being completed by the Planning Department, answered questions regarding costs to be incurred in the completion of the proposed Highland Area Plan and stated that it would take 120 days in order to complete the plan. Council Member Marks made a motion, seconded by Council Member Reilly, that the Planning Department be instructed to recommence the Highland Area Plan for that portion located east of Waterman, north of Third Street and south of the forest boundary. The motion carried by the following vote: Council Members Estrada, Reilly, Marks, Quiel, Strickler. Noes: Council Member Hernandez. None. Ayes: Frazier, Absent: COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. TRANSPORTATION COMMITTEE MEETINGS REPORT - APRIL 11 AND 16, 1986 - COUNCIL MEMBER MARKS Council Member Marks, Chairman of the Transportation Committee, provided the following report of the Transportation Committee Meetings held April 11 and 16, 1986: 1. Transit Terminal/parking Structure - Funding Requirement - Item continued. The task of the Committee Ts~oilnalyze the various terminal and parking structure options and present them to the full Council. The "need" issues for terminal and parking were discussed at great length at both meetings with "brainstorming" and past history discussion regarding: Financing, Parking District, Assessment District, User and Non-User Benefits. The three specific concepts, to be refined in meetings over the next few weeks are: (1) Transit Terminal and parking Structure as a combined project; (2) Parking Structure only; and (3) Transit Terminal and Parking Structure at separate locations. (18) The City Attorney, City Administrator and Redevelop- ment Agency Executive Director were asked to investigate some of the legal issues involved. All members were asked to review and analyze all the issues discussed and return to the next meeting prepared to make some definite recom- mendations. Discussion was held concerning the shuttle bus and Transit Terminal. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the report of the Transportation Committee Meetings held April 11 and 16, 1986, be received and filed. WAYS AND MEANS COMMITTEE MEETING REPORT - APRIL 16, 1986 - COUNCIL MEMBER MARKS Council Member Marks, Chairman of the Ways Committee, provided the following report of the Means Committee Meeting held April 16, 1986: and Means Ways and (20 ) 1. TV study Council 1986, at Cable TV Report - The Committee recommended the bYML~~orn-be-accepted and presented to the full for discussion in Executive Session on April 21, 8:30 a.m. 26 4/21/86 2. Fee Increase/Police Department": The committee recommendedadoption -OTtheresoIUtiont0 increase fees. 3. Operation Retain Program - Dr. Mildred Henry -Item continued;- TheICommittee-recognTZed a transpor": tation problem in transporting students to the program location and requested a special meeting with Omnitrans - Mr. Chafin, and Dial-A-Ride - Mr. Parlas, plus a repre- sentative from Supervisor Hammock's office to pursue the issue on April 23, 8: 00 a.m., in the Council Conference Room. Dr. Henry was also requested to furnish a compre- hensive project proposal to her Project Early Outreach Program. The report is to be similar in scope and objectivity as that submitted to the Council by the San Bernardino City Unified School District for the Stay In School Program. The proposal will be reviewed at the April 23, 1986, Ways & Means Committee meeting. 4. Handicapped "Blue Crew" Proposal - Item continued. The Committee reiterated its support of the "Blue Crew" concept and, again, requested the City Administrator to provide the Committee an implementation plan with options. 5. Franchise Fees Report - Item continued. Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that the report of the Ways and Means Committee meeting held April 16, 1986, be received and filed. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. PERSONNEL COMMITTEE MEETING REPORT - APRIL 16, 1986 - COUNCIL MEMBER REILLY Council Member Reilly, Chairman of the Committee, provided the following report of the Committee Meeting held April 16, 1986: Personnel Personnel (21) 1. Special Merit Advancements - Item continued. Staff was requested to look at merit based compensation programs and provide a comprehensive, overall positive approach to a superior performance recognition program based on merit. 2. Retiree Spouse Medical Plan - Item continued. City Attorn-eyarld-Personneli5Trector were directed to research the records in consort with the retirees and report the results at the next meeting. 3. Disability Plan Rates - Item continued. 4. Attorney III position - Committee recommended approval for-cTty Attorney~o-proceed to hire Attorney III at Step C. Previous incumbent left after 10 days due to domestic reasons. Discussion was held concerning the Attorney III position in the City Attorney's Office and how the matter fits in with discussion at the Mayor and Common Council Retreat on April 18 and 19, 1986. Council Member Estrada made a motion, seconded by Council Member Quie1 and unanimously carried, that the Personnel Committee Report be approved, with the exception of the City Attorney III position, which is to be considered after the Council meets with City Attorney Prince in Closed Session. 27 4/21/86 City Attorney Prince objected to the motion, stating that the position had actually been previously authorized and that this type of cut would result in a curtailment in the level of legal services to the City. COSPONSORSHIP OF 1986 BLACK ATHLETES HALL OF FAME - WILMER D. CARTER In a letter dated April 7, 1986, Wilmer D. Carter, Chairperson of the San Bernardino Hall of Fame Committee, provided a history of the Black Athletes Hall of Fame Awards Dinner and requested that the City be a cosponsor of the 1986 Hall of Fame. (22) Council Member Estrada made a motion, seconded by Council Member Marks and unanimously carried, that the request for cosponsorship of the 1986 Black Athletes Hall of Fame be referred to the Ways and Means Committee. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. REQUEST FOR CLOSED SESSION - LABOR RELATIONS MATTERS This is the time and place set to consider recessing to Closed Session to discuss labor relations matters. (23) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the request for Closed Session to discuss labor relations matters be continued to May 5, 1986. COUNCIL MEMBER HERNANDEZ RETURNS Council Member Hernandez returned to the Council Meeting. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the resolutions on the Agenda. Counci 1 Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolutions on the Agenda be waived. RES. 86-146 - RESOLUTION OF THE CITY OF SAN BERNADINO ESTABLISHING A SEWER CONNECTION DYE TEST FEE. (24) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. Resolution No. 86-146 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 86-147 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF FOUR SEPARATE AGREEMENTS WITH THE FOUNDATION FOR CALIFORNIA STATE UNIVERSITY RELATING TO A SUMMER MUSIC ACADEMY, SUMMER THEATRE ACADEMY, SATURDAY MORNING STUDIO PROGRAM, AND A GALLERY TOUR PROGRAM FOR GRANT ALLOCATIONS FOR FISCAL YEAR 1985-1986. (26) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. 28 4/21/86 Resolution No. 86-147 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 86-148 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PREPARATION AND EXECUTION OF AN APPLICATION, AGREEMENT AND LIABILITY RELEASE FOR SAN BERNARDINO COUNTY COMMUNITY SERVICES FOOD DISTRIBU- TION PROGRAM. (27) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-148 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RICHARD PLASTINO AND JANICE PLASTINO EXTENDING TIME FOR REHABILITATION OF BUILDING. (Second and liD" Streets) (25) Discussion was held concerning the appearance of this property and why the plastinos should be given a time extension in order to complete necessary repairs. Council Member Quie1 made a motion, seconded by Council Member Strickler and unanimously carried, to continue the resolution to May 19, 1986, to instruct the City Administrator, Planning and Building & Safety Depart- ment Directors to meet with the developer on the issue of improving the appearance of the building located on the northwest corner of Second and "D" Streets, and that the agreement is to include a clause whereby the developer will present a construction schedule and development must go forward or the agreement will become null and void. RES. 86-149 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE NEGATIVE DECLARATION AS TO ENVIRONMENTAL IMPACT AND ADOPTING AMENDMENT NO. 85-2 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO (GENERAL PLAN LAND USE ELEMENT) . (Generally located Etiwanda Avenue on the north, Eucalyptus and Pepper on the west, Ria1to Avenue on the south, Rancho Avenue and the Lytle Cajon Flood Control area on the east.) (28) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. Resolution No. 86-149 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 86-150 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING ASSESSMENT ROLL NO. 965 FOR THE IMPROVEMENT OF PORTIONS OF LASSEN STREET AND BASELINE STREET, IN THE CITY OF SAN BERNARDINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO. 965. (29) 29 4/21/86 Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-150 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 86-151 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF "F" STREET, NORTH OF MILL STREET. (30) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that Plan No. 6954, for the vacation of a portion of "F" Street, north of Mill Street, be approved; that the City Engineer and City Clerk be authorized to proceed; and that said resolution be adopted. vote: Marks, None. Resolution No. 86-151 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 86-152 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION AND RATIFICATION OF A LEASE WITH S K MANAGEMENT COMPANY RELATING TO THE LEASE OF PREMISES LOCATED AT 123 NORTH MT. VIEW AVENUE FOR A SENIOR CITI ZEN NUTRITION SITE. (31) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-152 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 86-153 - RESOLUTION SAN BERNARDINO AUTHORIZING OF GENERAL SERVICES OF CALIFORNIA TO PURCHASE UP POLICE PATROL VEHICLES. OF THE CITY OF THE DEPARTMENT THE STATE OF TO TWENTY-FIVE (32) Deputy City Administrator Schweitzer answered questions regarding the resolution, stating that it provides the City the chance to be included in the State of California's contract regarding the purchase of cars, whereby the City can purchase cars at a reduced rate. Discussion was held concerning the disposal of used police vehicles. Council Member Reilly made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. Resolution No. 86-153 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the purchasing Agent be requested to report to the Council his recommendations on the sale or disposal of used police vehicles. 30 4/21/86 READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of all the ordinances on the Agenda. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the ordinances on the Agenda be waived. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.16.212 OF THE SAN BERNARDINO MUNICIPAL CODE TO CORRECTLY INDICATE THE COMMERCIAL BUILDINGS RE- QUIRING AN AUTOMATIC SPRINKLER SYSTEM. FIRST (33) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that said ordinance be laid over for final passage. ORD. MC-509 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.26.020 OF THE SAN BERNARDINO MUNICIPAL CODE TO PER- MIT THE ESTABLISHMENT OF OFF-SITE SALE OF ALCOHOLIC BEVERAGES IN A C-2 ZONE, SUBJECT TO A CONDITIONAL USE PERMIT; AND EXCEPTING THEREFROM ANY ESTABL I SHMENT OF 25,000 SQUARE FEET OR MORE WHICH, INCIDENTAL TO ITS MAIN BUSINESS, SELLS ALCOHOLIC BEVER- AGES. (36) FINAL Council Member Quiel made a Member Strickler and unanimously ordinance be adopted. motion, seconded by carried, that said Ordinance MC-509 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.22 AND AMENDING TITLE 19 OF THE SAN BERNARDINO MUNICIPAL CODE TO PERMIT REMOVAL BY PUBLIC EMPLOYEES OF SIGNS ATTACHED TO PUBL IC PROPERTY, TO REQUIRE A PERMIT FOR AND DEFINITION OF PARKING LOT SALES AND SIDEWALK SALES, AND TO PERMIT PARKING LOT SALES AND SIDEWALK SALES IN C-1, C-2, C-3 AND C-M DISTRICTS SUBJECT TO A PERMIT. FIRST (34) Discussion was held concerning problems with the ordinance regarding how it will affect large stores such as Gemco or Sears. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to refer the ordinance back to the Legislative Review Committee for further study. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 85-14, LOCATED BETWEEN FIFTH STREET AND SEVENTH STREET, HAVING A FRONTAGE OF APPROXIMATELY 420 FEET ON THE NORTH SIDE OF FIFTH STREET, AND 677 FEET ON THE SOUTH SIDE OF SEVENTH STREET, AND BEING LOCATED APPROXIMATELY 165 FEET WEST OF THE CENTERLINE OF FLORES STREET), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. 31 FIRST (35) 4/21/86 City Attorney Prince answered questions as to whether or not the City had received a recorded deed restriction from the County for this property. Council Member Marks made a motion, Council Member Quiel and unanimously carried, this ordinance to May 5, 1986. seconded by to continue ORD. MC-510 - ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 3.44.135 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR UTILITY TAX REFUNDS BY SERVICE PROVIDERS. FINAL (37) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that said ordinance be adopted. Ordinance MC-510 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quie1, Frazier, Strickler. Noes: None. Absent: None. ORD. MC-511 - ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 8.75 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO AUXILIARY AND PRIVATE ALARM SYSTEM. FINAL (38) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that said ordinance be adopted. Ordinance MC-511 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ORD. MC-512 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10.52.020 OF THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A 35 M.P.H. SPEED ZONE ON HOSPITALITY LANE, BETWEEN WATERMAN AVENUE AND "E" STREET. FINAL (41) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that said ordinance be adopted. Ordinance MC-512 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quie1, Frazier, Strickler. Noes: None. Absent: None. ORD. MC-513 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 3.04.010 OF THE SAN BERNARDINO MUNICIPAL CODE BY ADDING AN ADDITIONAL EXEMPTION TO BID PROCEDURES FOR THE CITY OF SAN BERNARDINO BASED UPON A PRIOR COMPETITIVE BIDDING. FINAL (42 ) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously caried, that said ordinance be adopted. Ordinance MC-513 was adopted by the following vote: Ayes: Council Member Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ORD. MC-514 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.44.030 OF THE SAN BERNARDINO MUNICIPAL CODE TO AUTHORIZE THE SALE OF MONUMENTS OR GRAVE MARKERS BY THE CEMETERY COMMISSION. 32 FINAL (39) 4/21/86 Mr. Bruce Ricker, 998 N. Waterman, San Bernardino, appeared before the Council and objected to the City going into this business. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that said ordinance be adopted. Ordinance MC-514 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ORD. MC-515 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 3.44.140 AND 3.44.144 OF THE SAN BERNARDINO MUNICIPAL CODE TO ALLOW PERSONS TO APPLY FOR AN EXEMPTION FROM PAYMENT OF UTILITY USERS TAX THROUGHOUT THE YEAR. (40) Deputy City Administrator Schweitzer answered questions regarding a memorandum dated April 16, 1986, from Warren Knudson, Finance Director, regarding costs to the City in processing utility tax exemptions on a year-round basis. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that said ordinance be adopted. Ordinance MC-515 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. GENERAL REPORTS AND CORRESPONDENCE Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that the following items concerning General Reports and Corres- pondence be received and filed, except Item B: (43) a. Civil Service Eligibility Lists for: Senior Lifeguard Recreation Aide Dispatcher I Account Clerk II Supervising Lifeguard Summer Youth Specialist Maintenance Worker III Dispatcher (part-Time) b. Application before the Public Utilities Commission submitted by Southern California Gas Company, for an increase in gas rates. c. Application before the Public Utilities Commission submitted by the General Telephone Company of California, for an increase in intrastate rates and charges for telephone service. d. Five alcoholic beverage applications for the following new and transferred licenses: NEW Lih Hsiao & 533 North "E" St. Tung K. Lee dba Mrs. Lee On Sale Beer & Wine Pizza King, Inc. 690 W. Fourth St. Donald Cowans Michael Cowans dba Pizza King On Sale Beer & Wine 33 4/21/86 Peter R. Miller 906 N. Waterman Ave. dba Day and Night Mini Mart Off Sale Beer & Wine TRANSFERRED Gam Luu Hoa Quoc Tran dba Garcia's 1396 Massachusetts Street Off Sale Beer & Wine James Won Lee & 1580 N. Mt. Vernon Won Hi Lee dba John's Liquor Off Sale General Counc i 1 Member Council Member Quiel the City Attorney to Item B. Marks made a motion, seconded by and unanimously carried, to instruct prepare a resolution in opposition to CONTINUANCE OF MEETING At 6:35 p.m., Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to continue the Council Meeting until conclusion of the Agenda. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. TRANSFER OF FUNDS - LIABILITY INSURANCE PREMIUM FUND TO PROPERTY INSURANCE PREMIUM FUND - PROPERTY-FIRE-EARTHQUAKE- BOILER & MACHINERY INSURANCE In a memorandum dated April 16, 1986, Ronald Solheim, Director of Emergency Services/Risk Management, stated that $387,500 is needed in the Property Insurance Premium Fund in order to pay the premium for Property Insurance previously approved by the Mayor and Common Council, and suggested that this amount be taken from the Liability Insurance Premium Fund as Excess Liability Insurance is not available at this time and that it is probable that any alternative action taken will not have to be funded until approximately July 1, 1986. (S-l) Council Member Hernandez made a motion, seconded by Council Member Quie1 and unanimously carried, that the Director of Finance be directed to transfer $387,500 from Account 629-453-53505, (Liability Insurance premiums) which when combined with previously approved and budgeted funds will allow payment in full of the premium due for Property-Fire-Earthquake-Boiler & Machinery Insurance for the period of March 31, 1986 to March 31, 1987. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. RES. 86-154 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARD I NO RELAT I NG TO THE DES IGN AND CONSTRUCTION OF A METAL BEAM GUARDRAIL ON THE EAST SIDE OF DEL ROSA AVENUE, FROM CARPENTER STREET NORTH TO FOOTHILL DRIVE. (S-2) City Clerk Clark read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the transfer of $30,000 from the account designated Street Resurfacing - All Wards to the Street Construction Fund, 34 4/21/86 be approved for the purpose of participating with the County of San Bernardino relative to the construction of improvements to Del Rosa Avenue, north of the Crosstown Freeway, and that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 86-154 was adopted by the vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. None. following Hernandez, Absent: RES. 86-155 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE PARCEL MAP FOR SUBDIVISION PARCEL MAP 9521, LOCATED ON THE NORTHWEST CORNER OF 40TH STREET AND SIERRA WAY, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (S-7) City Clerk Clark read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 86-155 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. PETITION - CLOSURE OF PIEDMONT DRIVE - CUL-DE-SAC - INTERSECTION OF PIEDMONT AND VICTORIA AVENUE - COUNCIL MEMBER MARKS Council Member Marks presented a petition bearing approximately 67 signatures, which reads as follows: "I live in the neighborhood that surrounds the San Manuel Indian Reservation where the Bingo Parlor is being built and my sole access to and from my house is through piedmont Drive to Victoria Avenue. I would be in favor of closing off the current access and opening piedmont East so that our only access would be piedmont Drive to Orange Street. (S-6) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the City Clerk be instructed to set a Public Hearing to be held Monday, May 5, 1986, at 4:00 p.m. on the issue of whether or not a cul-de-sac and block wall should be erected for the purpose of blocking off piedmont where it intersects with Victoria Avenue, and to place an ad in the Inland Empire Section of the Sun newspaper and in the Foothill Journal. PRELIMINARY BUDGET 1986/87 This is the time and place set for discussion of the status of the preliminary budget for the 1986/87 Fiscal Year. (S- 8) Discussion was held concerning problems with receiving the preliminary budget on time. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, to direct the City Administrator to provide the Council with a Pre- liminary Budget no later than May 16, 1986, and that on May 19, 1986, the Council will set a date for commencement of Budget Hearings. 35 4/21/86 CREATION OF COMMISSION - STATUS AND ADVANCEMENT OF SENIOR CITIZENS In a memorandum dated April 21, 1986, Hernandez requested the creation of Advancement of Senior Citizens Commission. Council Member a Status and Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that a Commission for the Status and Advancement of Senior Citizens be established with one member from each ward and two from the Mayor, and that the City Attorney be directed to prepare an appropriate ordinance. COUNCIL MEMBER REILLY -OUT-OF-STATE Council Member Reilly announced travelling out of state between April 28 that he will be and May 5, 1986. AYSO - AMERICAN YOUTH SOCCER - SOCCER FIELDS Discussion was held concerning the need for turf renovation of AYSO Park soccer fields in the City. Council Member Quiel made a motion, Council Member Marks and unanimously carried, be allocated from Unappropriated Reserve fertilize the AYSO Park Soccer Fields. seconded by that $7,700 to seed and ADJOURNMENT At 6:55 p.m., Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the Council Meeting be adjourned to 10:00 a.m., April 28, 1986, in the Board Room of the Redevelopment Agency, City Hall, 300 North "D" Street, San Bernardino, California. (50) ~LI/??t//'&/~/ / CIty Clerk 36 4/21/86