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HomeMy WebLinkAbout05-05-1986 Minutes City of San Bernardino, California May 5, 1986 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:01 a.m., on Monday, May 5, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Pastor Stanley Fogle, First Southern Baptist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Strickler. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Hernandez, Quiel, Frazier, Strickler; City At- torney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Members Reilly, Marks. PRESENTATION Thelma Press, Executive Director, International Council, introduced Sharon Spence, New Zealand Citrus Queen, and Eva La Rue, Orange Show Citrus Queen. Mayor Wilcox, on behalf of the Mayor and Common Council, presented to both Sharon Spence, New Zealand Citrus Queen, and Eva la Rue, Orange Show Citrus Queen, a bracelet with a key to the City of San Bernardino and a pin with the seal of San Bernardino. Sharon Spence, New Zealand Citrus Queen, presented a letter to Mayor Wilcox from the Mayor of Tauranga, and a carved tiki from the Sister City Group of Tauranga. Ms. Spence also presented all the Council Members with small tikis and key chains. REAPPOINTMENT - HECTOR O'CAMPO - CIVIL SERVICE BOARD Pursuant to an undated memorandum from Mayor Wilcox, Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that Hector O'Campo, Sr. 663 Magnolia Ave., San Bernardino, CA 92405, be reappointed to the Civil Service Board for the term of March 17, 1986 to March, 1992, to serve as the Mayor's representative. PARK FACILITIES- ADVERSE CONDITIONS Council Member Hernandez reported that several City park facilities, specifically Ballard Field and Nunez Park, were in disgraceful condition, being littered with trash, and having brown grass and graffiti. City Administrator Matzer agreed to check with the Parks and Recreation Department on the condition of these facili ties. APPROVE MINUTES - APRIL 21, 1986 Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 21st of April, 1986, as submitted in typewritten form, with the following corrections: page 22, sixth paragraph from the top, the motion made by Council Member Hernandez was seconded by Council Member Strickler, rather than Council Member Quiel; and page 25, second from last paragraph, the date October 7, 1986, be changed to October 7, 1985, and in the last paragraph, that the three dates reflect the year 1985, rather than 1986. (1) WEED ABATEMENT - RATIFICATION OF ASSIGNMENTS - VARIOUS ORGANIZATIONS In a memorandum dated April 17, 1986, Gregory Garcia, project Coordinator, Mayor's Office, presented a list of weed abatement projects that had been completed and recom- mended that the assignments be ratified. (2) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the weed abatement assignments given to those organizations as listed in the memorandum dated April 17, 1986, be rat i fied. WIDENING OF SECOND STREET FROM ROUTE I-215 FREEWAY TO "G" STREET - APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated April 24, 1986, Roger Hard- grave, Director of Public Works/City Engineer, explained that the plans for the widening of Second Street from Route I-215 Freeway to "G" Street have been prepared and the project is ready to be advertised for bids, subject to a commitment for the necessary supplemental funds. The total estimated project cost is $85,300.00. (3) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the plans for widening Second Street, from Route I-215 Freeway to "G" Street, in accordance with Plan No. 6890, be ap- proved; and the Director of Public Works/City Engineer be authorized to advertise for bids. EXTENSION OF HOSPITALITY LANE - CONSTRUCTION OF BRIDGE ON SAN TIMOTEO CREEK - APPROVAL OF SUPPLEMENT NO. ONE OF CHANGE ORDER NO. TWO - ELIMINATION OF GROUT TO SLOPE PROTECTION - BONADIMAN-MC CAIN, INC. In a memorandum dated April 23, 1986, Roger Hard- grave, Director of Public Works/City Engineer, explained Change Order No. Two of the contract with Bonadiman- McCain, Inc. for the extension of Hospitality Lane and construction of the bridge on San Timoteo Creek, and the need for supplement No. One because of the elimination of the requirement of grouting the rip-rap. (4) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, to approve Supplement No. One of Change Order No. Two to the contract with Bonadiman-McCain, Inc., for the construction of a bridge on San Timoteo Creek, at Hospitality Lane, in ac- cordance with Plan No. 6653; to authorize the elimination of grout to the rip-rap protection and reduction of the estimated increase to the contract by Change Order No. Two, by approximately $20,000.00 from $535,679.29 to $515,679.29. EXTENSION OF HOSPITALITY LANE - CONSTRUCTION OF BRIDGE ON SAN TIMOTEO CREEK - APPROVAL OF CHANGE ORDER NO. THREE - AUTHORIZE FURNISHING AND INSTALLATION OF CHAIN LINK FENCES AND GATES - BONADIMAN-MC CAIN, INC. In a memorandum dated April 23, 1986, Roger Hard- grave, Director of Public Works/City Engineer, explained 2 5/5/86 the need for Change Order No. Three to the contract with Bonadiman-McCain, Inc., which provides for approximately 110 L.F. of six-foot chain link fence and two double drive chain link fence gates to be located at the east side of the new bridge where Hospitality Lane extends through the east right-of-way chain link fence of the San Bernardino County Flood Control Channel. (5) Council Member Strickler made a motion, seconded by Council Member Quie1 and unanimously carried, to approve Change Order No. Three to the contract with Bonadiman- McCain, Inc., for the construction of a bridge on San Timoteo Creek, at Hospitality Lane, in accordance with Plan No. 6653; to authorize the contractor to furnish and install chain link fences and gates on a time and material basis and as directed by the Engineer at an estimated increase in contract price of $2,250.00 from $515,679.29 to $517,929.29. (This motion reflects a correction in the last two figures as directed by the Common Council.) BOX CULVERT AT 40TH STREET AND THIRD AVENUE - APPROVAL AND ACCEPTANCE OF WORK - E. L. YEAGER CONSTRUCTION COMPANY In a memorandum dated April 23, 1986, Roger Hard- grave, Director of Public Works/City Engineer, stated that all work under the contract with E. L. Yeager Construction Company had been satisfactorily completed as of January 20, 1986. (6) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the work performed by the contractor, in accordance with Spec- ification No. 6503, be approved and accepted; and that final payment be authorized at the expiration of the lien period. REQUEST TO PURCHASE 147 SEWER CAPACITY RIGHTS - UNIVERSITY AND KENDALL - WESTERN COMMUNITIES ASSOCIATES In a memorandum dated April 22, 1986, Raymond D. Schweitzer, Deputy City Administrator, stated that Western Communities Associates of La Mesa, California, had re- quested the purchase of 147 sewer capacity rights in con- nection with the development of multi-housing in the vi- cinity of university and Kendall. (7) Council Member Strickler made a motion, seconded by Council Member Quie1 and unanimously carried, that the request of Western Communities Associates for the purchase of 147 sewer capacity rights in connection with develop- ment of 14 acres in the vicinity of University and Ken- dall, be approved, subject to the execution of a covenant by the purchaser of sewer capacity rights for a residen- tial housing development, to run with the land, waiving the right to a density bonus for the subject development as provided in Resolution No. 86-30. This motion shall not be construed as approval of the plans or concept of the proposed development, nor as an indication that the Mayor and Common Council will hereafter take any particu- lar action toward granting any planning, zoning or other approval relating to a plan of development. SECOND WARD PARK EXTENSION FUNDS - PERRIS HILL PARK -IMPROVEMENTS TO HORSESHOE COURTS In a memorandum dated April 23, 1986, Annie F. Ramos, Director, Parks, Recreation & Community Services Depart- ment, explained that the horseshoe courts at perris Hill Park need improvements to bring them up to tournament 3 5/5/86 level. All work will be done by City forces of the Public Services Department, Park Division and California Conser- vation Corps workers. (8) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that $7,000 from Second Ward Park Extension Funds for the purchase of materials and equipment to be used for improvements to the horseshoe courts at perris Hill Park, be approved. CLAIMS AND PAYROLL Council Member Strickler made a motion, Council Member Quiel and unanimously carried, demands against the City and authorize the warrants as follows: seconded by to approve issuance of (9) 1. Approve the register of demands dated: April 15, 1986 April 21, 1986 85/86 #38 85/86 #39 $ 877 ,484.94 1,455,771.03 2. Approve the total gross payroll for the period March 31, 1986, through April 13, 1986, in the amount of $1,231,599.30. PERSONNEL ACTIONS Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the Personnel Actions submitted by the Director of Personnel in accordance with all administrative regulations of the City of San Bernardino, be approved and ratified as listed. (10) APPOINTMENTS Police Department James S. Duncan - Police Officer - Effective May 19, 1986 Roxanne Luna - Identification Technician - Effective May 6, 1986 Finance/Central printing Services Jeannette M. Lee - Composition & Layout Clerk - Effective May 6, 1986 TEMPORARY APPOINTMENTS Parks, Recreation & Community Services Coach Operator/Part-Time - Effective May 19, 1986 Mark Hannah Loyd Stafford Senior Services Aide - Effective May 19, 1986 Henry Manship Edith Voss Public Services/Refuse Extra Relief Heavy Laborer - Effective April 5, 1986 Dennis K. Abdullah Michael Driver Sa1 Hernandez Manuel Huerta Robert Mayoral Randy R. Nolfo Patrick E. Robinson Richard Aragon Edward Hernandez Rene C. Hinojosa Willie W. Loring Dennis D. Moreno Jerry J. Rivas Robert Rodriquez 4 5/5/86 Robert Stockling Jerry L. Zuniga Donald J. Vasquez PROVISIONAL APPOINTMENTS Parks, Recreation & Community Services Betty A. Lewison - Senior Companion Program Coordinator - Effective May 6, 1986 Finance/Central Printing Services Larry Wayne Morgan - Offset Press Operator - Effective May 6, 1986 LEAVE OF ABSENCE/MATERNITY Police Department Christine Bristol - Subpoena Clerk - May 5, 1986 to August 1, 1986 - Effective May 5, 1986 LEAVE OF ABSENCE Animal Control Samuel A. Sarmiento - Animal Control Officer - April 24, 1986 to July 7, 1986 - Effective April 24, 1986 COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS - ORDER OF ABATEMENT - 940-946 N. "G" STREET - MYLES WATKINS - WAYNE SHULL - CONTINUED FROM APRIL 21, 1986 This is the time and place continued to for consider- ation of an appeal filed by Myles Watkins and Wayne Shull on the Board of Building Commissioners' Order of Abatement of property located at 940-946 N. "G" Street. (11) At the meeting of the Mayor and Common Council held on April 21,1986, the appeal hearing on the Board of Building Commissioners' Order of Abatement on property located at 940-946 N. "G" Street was continued to this date with the direction that notice be sent by registered mail to the property owner(s) of record. Mayor Wilcox opened the hearing. Charles Dunham, Acting Superintendent, Building and Safety Department, answered questions regarding prior notice to interested parties on the property in question. Eleanor Aleksich, 9623 Grace Street, Fontana, CA 92335, stated she represented Mr. Walter R. Beck, a first trust deed mortgagee on the property located at 940-946 N. "G" Street. She distributed a letter dated February 28, 1986, from George R. Berninger, Attorney for Walter R. & Ed i th A. Beck, to the Mayor and Counci 1, wh ich explai ned that Walter and Edith Beck had not previously received any material regarding building code violations prior to a mis-addressed letter on February 24, 1986, regarding these proceedings. Mr. Berninger requested that in the future all correspondence and notices be addressed to his clients at their current address, which was included in the letter. Ms. Aleksich explained that the property in question is now in foreclosure, which will take place on May 14, 1986. Mr. Beck is requesting an extension of time until after the foreclosure date when the property will revert to him. Until that time, he has no legal right to the property. However, he is planning to upgrade the property 5 5/5/86 when the paperwork has been processed. Ms. Aleksich ex- plained some of the plans for improvement of the property. James Clark, General Building Inspector, Building and Safety Department, answered questions regarding the his- tory of this property, stating that the first action taken by the Building & Safety Department was on August 17, 1983, with on-going action since then with various owners. Matters pertaining to the property have been before the Board of Building Commissioners twice. Mr. Clark also answered questions regarding notice to interested parties. City Attorney Prince answered questions. Myles Watkins who lives in Ramona, California, an owner of the property, stated that he had acquired the property by trade in March, 1985, that it was vacant at that time and that many repairs and improvements were made on the property. He stated that the present tenants have not paid utility bills, thus have no utility service and have not paid rent, but the owners have had no success in evicting them. Wayne Shull, who lives in Escondido, California, and is an owner of the property, read a presentation which explained the history of the property since he has been an owner beginning in April, 1985, and the various improve- ments made. He stated that the tenants have not paid rent since November, 1985, which has caused a shortage of funds to hire legal counsel to force eviction of the tenants. However, the owners now intend to proceed with the evic- tion. He further stated that the present owners intend to cure the default and clean up the property. James Clark, General Building Inspector, Building and Safety Department, answered questions regarding notice which had been posted and legal provisions for such posting. Council Member Hernandez made a motion, seconded by Council Member Estrada and unanimously carried, that the hearing be closed and the decision of the Board of Build- ing Commissioners to abate the nuisance by demolition be affirmed. COUNCIL MEMBER MARKS ARRIVED At 9:48 a.m., Council Member Marks arrived at the Council Meeting and took his place at the Council Table. LEGISLATIVE REVIEW COMMITTEE REPORT - APRIL 24, 1986 Council Member Strickler, Chairman of the Legislative Review Committee, presented the report of the Legislative Review Committee meeting held on April 24, 1986. The following items were discussed: (14) 1. Ordinance adding Chapter 5.42 and amending Chap- ter 12.56 of the Municipal Code to provide a uniform pro- cedure for the issuance of permits by the Chief of Police for parades, circuses, rodeos, carnivals, or other events, and repealing Sections 2.02.100 and 5.04.175 of the San Bernardino Municipal Code - The Committee recommended approval after some minor changes. City Attorney Prince answered questions and suggested that the Chief of Police could notify the Council of each application for a parade permit. 6 5/5/86 council Member Hernandez made a motion, seconded by Council Member Estrada and unanimously carried, that the Chief of Police be directed to notify the Mayor and Common Council upon the filing of each application for a parade permit. 2. Ordinance adding Chapter 5.22 and amending Title 19 of the Municipal Code to permit removal by public em- ployees of signs attached to public property, to require a permit for and definition of parking lot sales and side- walk 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 - Item continued. The City Clerk will send letters to retail sales businesses for input. Item to be brought back on June 5th. Committee recommended that "permit be on premises at all times" be included in the ordinance. 3. Change of Zone No. 86-4 - The Committee recom- mended approval. The Planning Director was asked to re- view the move-on ordinance, discuss it with the Planning Commission and return to the Committee. The Mayor and Council discussed various ways to bring the matter of proposed move-ons to the Council for review and approval prior to implementation. City Attorney Prince answered questions and agreed that an urgency ordinance could be prepared for adoption this afternoon, but did not feel it would meet the test of an emergency matter. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the City Attorney be directed to prepare an urgency ordinance, or any action necessary, as it relates to move-ons, to provide that all future move-ons will, after going through the Planning Commission, automatically go to the Mayor and Common Council. This document is to be brought back to the Council this afternoon for immediate implementation. (See page 21) COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. 4. Approval of Games of Amusement Application -Item continued. City Attorney is to notify schools of the intention to adopt and allow them input. "Games located within five hundred feet of the nearest school boundaries may not be operated by kindergarten through twelfth grade students" was recommended language in the ordinance. 5. ~ayment of Business License Fees - Committee requested City Clerk to review the schedule of payment of business license fees and bring a proposal to the next meeting. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the report of the Legislative Review Committee meeting held April 24, 1986, be received and filed. WAYS AND MEANS COMMITTEE REPORT - APRIL 23, 1986 Council Member Estrada presented the report of the Ways and Means Committee meeting held on April 23, 1986. The following items were discussed: (13) 1. Operation Retain - The Committee unanimously recommended a six-month funding grant for Operation Re- tain's project Early Outreach Program (elementary school age children) in the amount of $44,692 from CDBG Contin- 7 5/5/86 gency Funds. (Documentation was included in the committee report.) The Committee directed the City Administrator to work out an appropriate payment schedule with Dr. Mildred Henry. The City Attorney was directed to prepare the appro- priate agreement which shall include a quantitative and qualitative evaluation of the program's results to be administered by Cal State University San Bernardino, School of Education. Criteria for evaluation shall in- clude State certified basic skills test results, as well as qualitative assessments of positive changes in educa- tional attitude and orientation of both students and par- ent cohorts. 2. The Committee recommended to Supervisor Hammock that the County review the proposals of dispensing funds so that the project can receive intergovernmental support. Dr. Henry was referred to the County to discuss transpor- tation support inasmuch as the transit needs are associ- ated with the County JTPA contract covering older children living in the unincorporated areas of the community. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the report of the Ways and Means Committee meeting held April 23, 1986, be received and filed. WAYS AND MEANS COMMITTEE MEETING - APRIL 28, 1986 Council Member Estrada made a motion, seconded by Council Member Hernandez and unanimously carried, that the report of the Ways and Means Committee meeting held on April 28, 1986, be continued to Monday, May 19, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (This matter was reconsidered later in the meeting. See page 22) (13) READING OF ALL RESOLUTIONS City Clerk Clark read the titles of all the resolu- tions on the Council Agenda. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. RES. 86-156 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING CERTAIN FEES FOR SERVICES FURNISHED BY THE SAN BERNARDINO POLICE DEPARTMENT. (18) Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said reso- lution be adopted. Resolution No. 86-156 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Reilly, Frazier. RES. 86-157 - RESOLUTION OF THE CITY OF SAN BERNARDINO OPPOSING THE 1986 RATE INCREASE REQUEST PURSUANT TO THE MAY 1986 CONSOLI- DATED ADJUSTMENT MECHANISM (CAM) SUBMITTED BY SOUTHERN CALIFORNIA GAS COMPANY IN AP- PLICATION NO. 86-03-058. (19) 8 5/5/86 council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said reso- lution be adopted. Resolution No. 86-157 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Reilly, Frazier. RES. 86-158 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE FINANCE DEPARTMENT. (20) Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said reso- lution be adopted. Resolution No. 86-158 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Reilly, Frazier. RES. 86-159 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF FIRST AMENDMENT TO AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR COMPUTER EXAMINATION SCORING SERVICES FOR AN ADDITIONAL ONE YEAR PERIOD. (21) Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said reso- lution be adopted. Resolution No. 86-159 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Reilly, Frazier. RES. 86-160 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 10584 ENTITLED IN PART "A RESOLUTION . ADDING THE POSITION OF CABLE TELEVISION COORDINA- TOR TO THE MANAGEMENT UNIT. (26) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived and said reso- lution be adopted. Resolution No. 86-160 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Reilly, Frazier. RES. 86-161 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION . . . CRE- ATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; ESTABLISHING THE POSITION OF CABLE TELEVISION COORDINATOR IN THE CITY ADMINI STRATOR DEPARTMENT. (27) Counci 1 Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived and said reso- lution be adopted. 9 5/5/86 Resolution No. 86-161 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Reilly, Frazier. RES. 86-162 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SIGNAL CONSTRUCTION COMPANY FOR MODIFICATION OF TRAFFIC SIGNALS AT BASELINE STREET AND MUSCOTT STREET, AND AT SIXTH STREET AND "D" STREET. (28) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived and said reso- lution be adopted. Resolution No. 86-162 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Reilly, Frazier. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION . ESTABLISHING A BASIC COMPENSATION PLAN . . ."; PROVIDING A 6% WAGE INCREASE FOR SAID GENERAL EMPLOYEES EFFECTIVE WITH THE PAYROLL PERIOD BEGINNING JULY 7, 1986, AS APPROVED DECEMBER 2, 1985 AS PART OF NEGOTIATED MEMORANDUM OF UNDER- STANDING. (22) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be continued to the afternoon session. (See page 24) RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION . ESTABLISHING A BASIC COMPENSATION PLAN. .."; PROVIDING A 5% WAGE INCREASE FOR SAID MIDDLE-MANAGEMENT EMPLOYEES EFFECTIVE WITH THE PAYROLL PERIOD BEGINNING JULY 7, 1986 AS APPROVED DECEMBER 2, 1985, AS PART OF THE NEGOTIATED MEMORAN- DUM OF UNDERSTANDING. (23) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be continued to the afternoon session. (See page 24) RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION ESTABLISHING A BASIC COMPENSATION PLAN . ."; CHANGING SECTION TWELVE TO PERTAIN TO CONFIDENTIAL EMPLOYEES ONLY; PROVIDING A 5% WAGE IN- CREASE FOR SAID CONFIDENTIAL EMPLOYEES EFFECTIVE WITH THE PAYROLL PERIOD BEGINNING JULY 7, 1986, AS APPROVED NOVEMBER 18, 1985; DELETING THE SPECIFIC "c" DESIGNATION AS ALL POSITIONS ARE CONFIDENTIAL; AND DELETING THE CLASSES OF ADMINISTRATIVE AIDE AND ADMINISTRATIVE ASSISTANT TO COUNCIL. (24) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be continued to the afternoon session. (See page 25) 10 5/5/86 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION . ESTABLISHING A BASIC COMPENSATION PLAN ."; CREATING SECTION FOURTEEN FOR MANAGEMENT EMPLOYEES ONLY; CHANGING THE SALARY RANGE FROM A 3000 SERIES TO A 4000 SERIES; PROVIDING A 5% WAGE INCREASE FOR SAID MANAGEMENT EMPLOYEES EFFECTIVE WITH THE PAYROLL PERIOD BEGINNING JULY 7, 1986, AS APPROVED NOVEMBER 8,1985; DELETING THE SPECIFIC "(M)" DESIGNATION AS ALL POSITIONS ARE MANAGEMENT AND ADDING THE CLASSES OF ADMINISTRATIVE ASSISTANT TO COUNCIL AND CABLE TELEVISION COORDINATOR. (25) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be continued to the afternoon session. (See page 25) RES. 86-163 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BOB BRITTON, INC. FOR INSTALLATION OF STREET IMPROVEMENTS ON DEL ROSA AVENUE (WEST SIDE), FROM LOS FLORES DRIVE TO 39TH STREET. (29) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said reso- lution be adopted. Resolution No. 86-163 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Reilly, Frazier. RES. 86-164 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING ASSESSMENT ROLL NO. 956 FOR THE MAINTENANCE OF LANDSCAPING IN PORTIONS OF CARNEGIE DRIVE, VANDERBILT WAY, HOSPITALITY LANE, BRIER DRIVE, WATER- MAN AVENUE, TIPPECANOE AVENUE, HARRIMAN PLACE, THE SOUTH BANK OF THE SANTA ANA RIVER, AREAS ADJACENT TO THE GAGE CANAL, AREAS ADJACENT TO THE NORTH SIDE OF INTER- STATE 10 FREEWAY AND AREAS ADJACENT TO THE SAN TIMOTEO CREEK CHANNEL, IN THE CITY OF SAN BERNARDINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO. 956. (30) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said reso- lution be adopted. Resolution No. 86-164 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Reilly, Frazier. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. 11 5/5/86 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.36.020 OF THE SAN BER- NARDINO MUNICIPAL CODE TO PERMIT STORAGE OF SAFE AND SANE FIREWORKS IN THE M-1 LIGHT INDUSTRIAL DISTRICT SUBJECT TO A CONDI- TIONAL USE PERMIT. (First) (32) The Mayor and Council discussed the need for further consideration of said ordinance as there have been some questions from insurance agents regarding insuring neigh- boring buildings. Council Member Strickler made a motion, seconded by Council Member Quiel, that said ordinance be referred to the Legislative Review Committee. The motion carried by the following vote: Ayes: Council Members Hernandez, Marks, Quiel, Frazier, Strickler. Noes: Council Member Estrada. Absent: Council Member Reilly. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. 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 all the ordinances on the agenda be waived. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SECTION 5.82.060 OF THE SAN BER- NARDINO MUNICIPAL CODE TO ELIMINATE THE PROVISION FOR THE PAYMENT OF AN INVESTIGA- TION FEE, AND REPEALING SECTION 5.82.040 OF THE SAN BERNARDINO MUNICIPAL CODE. (31) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST ADDING CHAPTER 18.64 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PROVISIONS FOR LOT LINE ADJUSTMENTS. (34) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST ADDING CHAPTER 5.42 AND AMENDING CHAPTER 12.56 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE A UNIFORM PROCEDURE FOR THE ISSUANCE OF PERMITS BY THE CHIEF OF POLICE FOR PARADES, CIRCUSES, RODEOS, CARNIVALS, OR OTHER EVENTS, AND REPEALING SECTIONS 2.02.100 AND 5.04.175. (35) Council Member Strickler made a motion, seconded by Council Member Quie1 and unanimously carried, that said ordinance be laid over for final passage. 12 5/5/86 ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 12.80.120 TO CLARIFY THAT SALE OF MERCHANDISE IS PROHIBITED IN PUBLIC PARKS AND RECREATIONAL FACILITIES OF CITY. (33) City Attorney Prince answered questions, stating that the purpose of the ordinance is to provide for better control over the sales in public parks. He also stated that the Council has the final authority over any decision made by staff in this matter. 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-516 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNI- CIPAL CODE (PETITION NO. 85-14, LOCATED BE- TWEEN 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. (36) (Continued from April 21, 1986) Council Member Strickler made a motion, seconded by Council Member Frazier, that said ordinance be adopted. Ordinance MC-516 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Reilly. ORD. MC-517 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING SECTION 15.16.212 OF THE SAN BERNARDINO MUNCIPAL CODE TO COR- RECTLY INDICATE THE COMMERCIAL BUILDINGS REQUIRING AN AUTOMATIC SPRINKLER SYSTEM. (37) Council Member Strickler made a motion, seconded by Council Member Frazier, that said ordinance be adopted. Ordinance MC-517 was adopted Ayes: Council Members Estrada, Frazier, Strickler. Noes: None. Rei lly. by the following vote: Hernandez, Marks, Quiel, Absent: Council Member GENERAL REPORTS AND CORRESPONDENCE Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the following items be filed: (38) a. Civil Service Eligibility Lists for: Composition and Layout Clerk Community Center Manager I Identification Technician Supervising Lifeguard Lifeguard Senior Lifeguard Complaint Desk coordinator Heavy Laborer - Part-Time 13 5/5/86 b. Report relative to Reserve Sewer Capacity Rights - Raymond D. Schweitzer, Deputy City Administrator c. Five alcoholic beverage applications for the following new and transferred licenses: NEW Arline R. Blymiller, Gheorghe Tansanica, Restaurant Moldova 1566 E. High- land Avenue On Sale TRANSFERRED Man Sok Kim, dba White Rose Dairy 697 N. Water- man Avenue Off Sale Diana C. & Jay J. Gazzolo, dba Otto's Restaurant 128-132 E. Highland Ave. On Sale Reginos P. Sellas, dba Queens #2 1734 E. High- land Avenue On Sale Mark Cicourel, Maur ice Cohn, Elbert Kronick, Louis Meltzer, dba Tony Roma's 1975 S. Diners Court On Sale RECONSIDERATION OF ITEM NO.32 Council Member Estrada made a motion, seconded by Council Member Hernandez and unanimously carried, that Item No. 32 be reconsidered. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.36.020 OF THE SAN BER- NARDINO MUNICIPAL CODE TO PERMIT STORAGE OF SAFE AND SANE FIREWORKS IN THE M-1 LIGHT INDUSTRIAL DISTRICT SUBJECT TO A CONDI- TIONAL USE PERMIT. (32) City Attorney Prince answered questions. Council Member Estrada made a motion, seconded by Council Member Hernandez and unanimously carried, that said ordinance be tabled. BUILDING PLAN REVIEW SERVICES - SELECTION OF BSI CONSULTANTS, INC. In a memorandum dated May 1, 1986, Charles Dunham, Acting Superintendent, Building & Safety Department, stated that the three plan check services proposals from BSI Consultants, Inc., ESGIL Corporation, and Van Dorpe & Associates were all comparable in cost and quality. The selection of BSI Consultants, Inc., was recommended be- cause of a closer location and availability. Mr. Dunham explained that due to the vacancy of several positions in the department, there is a backlog of plan checking from seven to eight weeks. (S-l) City Administrator Matzer answered questions and stated that this item was presented without having re- ceived Requests For proposals (RFPs) because of trying to expedite plan review proceedings. He also explained that no consultants were available in the immediate area. 14 5/5/86 Charles Dunham, Acting Superintendent, Building & Safety Department, answered questions about the backlog of plan checks and stated that the Tri City plans are in now, and should be attended to immediately. Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, to approve the contract in concept and direct the Legislative Review Committee to review the contract document prior to execution. HABITUAL PARKING OFFENDERS - APPROVE IN PRINCIPLE THE IMMOBILIZATION OF VEHICLES In a memorandum dated April 30, 1986, Roger Hard- grave, Director of Public Works/City Engineer, stated that as of April 2, 1986, there were 204 habitual parking of- fenders within the City. These offenders had from five to 47 unpaid parking citations, which represent $44,000 in potential revenue. He explained the use of a "boot" to immobilize vehicles belonging to habitual violators, who would be required to come to City Hall to pay all out- standing parking citations in order to have the "boot" removed. Mr. Hardgrave recommended that this matter be referred to the Legislative Review Committee for consideration. (S-2) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the immobilization of vehicles, with more than five unpaid parking citations or expired registration, by application of a "boot", be referred to the Legislative Review com- mittee for consideration of an amendment to the Municipal Code. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. EXTENSION OF DEL ROSA AVENUE - NINTH STREET TO BASELINE STREET - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated April 30, 1986, Roger Hard- grave, Director of Public Works/City Engineer, stated that the plans and specifications for the extension of Del Rosa Avenue from Ninth Street to Baseline Street have been prepared and the project is ready to be advertised for bids. The total estimated project cost is $703,900. (S-3) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the plans for the extension of Del Rosa Avenue, from Ninth Street to Baseline Street, in accordance with Plan No. 4993, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. APPEAL - RELOCATION OF SOUTHERN CALIFORNIA EDISON UNDERGROUND UTILITIES - 2490 KENDALL DRIVE - BRUCE BARMAKIAN In a letter dated April 21, 1986, Bruce Barmakian, Vice president/planning Director, The Barmakian Company, explained that he had conversations with several members of the City staff regarding the installation of utility lines underground relative to his Kendall Drive project. He stated that his company complied with their interpreta- tion of the requirement that all utility lines be installed underground. He later realized that the City's intentions were to have the Developer relocate existing Edison lines underground. Mr. Barmakian requested a dis- cussion on the possibility of delaying such underground installation so as not to hold up the Certificate of Occu- pancy, and to discuss the possibility of relocating said 15 5/5/86 Southern California Edison neighboring properties would ground. lines at a future date when be relocating lines to under- (S-6) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the appeal by Bruce Barmakian relative to the relocation of Southern California Edison underground utilities at 2490 Kendall Drive be continued to Monday, May 19, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 1986 CITY-WIDE YOUTH FESTIVAL - CITY CO-SPONSORSHIP - FUNDING In a memorandum dated May 5, 1986, Council Member Frazier requested that the Mayor and Council co-sponsor the 1986 City-wide Youth Festival and provide funding in the amount of $4,723.75 from Reserve Account Funds. He also attached a proposed budget prepared by the Parks, Recreation & Community Services Department. City Attorney Prince recommended that since the City is not now covered by any insurance, and unless the appli- cant does provide some kind of insurance coverage, that instead of using the word "co-sponsoring", that the word "approve" be substituted. Council Member Strickler made a motion, seconded by Council Member Quiel, that the matter of the Youth Fes- tival be referred to the Ways and Means Committee with a recommendation back to Council on May 19, 1986. A discussion proper pr ocedu re Youth Festival. ensued regarding time constraints and concerning the implementation of the Council Member Frazier made a substitute motion, seconded by Council Member Hernandez, to approve the Youth Festival with funding in the amount of $4,723.75 to come out of the Reserve Account, with the understanding that the insurance question would be considered. City Administrator Matzer answered questions regard- ing the amount of money in the Reserve Account. The substitute motion by Council Member Frazier to approve and fund the Youth Festival failed by the fol- lowing vote: Ayes: Council Members Hernandez, Frazier. Noes: Council Members Estrada, Quiel, Strickler. Absent: Council Members Reilly, Marks. The original motion by Council Member Strickler to refer the matter of the Youth Festival to the Ways and Means Committee with a recommendation back on May 19, 1986, carried by the following vote: Ayes: Council Mem- bers Estrada, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Reilly, Marks. REHABILITATION OF ARROWHEAD AVENUE - ORANGE SHOW ROAD TO MILL STREET -REPORT OF BIDS In a memorandum dated April 30, 1986, Roger Hard- grave, Director of Public Works/City Engineer, stated that bid documents for the rehabilitation of Arrowhead Avenue from Orange Show Road to Mill Street solicited bids for Alternate A, for heating and remixing about 75% of the street area, and pulverizing existing pavement on the remaining 25%, and constructing a new roadway section; and Alternate B, under which all of the existing pavement would be pulverized and an entire new roadway section 16 5/5/86 constructed on the optimum grade. Mr. Hardgrave explained that one bid was received for Alternate A which was 12.8% over Engineer's Estimate; and two bids were received for Alternate B. The low bid was 40.9% over Engineer's esti- mate. (S-4) Roger Hardgrave, Director of Public Works/City Engi- neer, explained that due to a flurry of projects in the City at the present time, many potential bidders were not interested or were unable to bid on the rehabilitation of Arrowhead Avenue. He suggested the possibility of re- advertising in the hopes of receiving more bids. He also stated he had spoken with Finance Director Knudson, and they were unable to identify the source of the additional funds that would be needed to fund the project which was over the Engineer's estimate. The Mayor and Council discussed possible ways to provide the needed funding and alternatives in getting additional bids. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. Council Member Quiel made a motion, seconded by Council Member Strickler, to award the contract under Alternate B to Matich Corporation in the amount of $261,964, under which all of the existing pavement on a certain portion of Arrowhead Avenue would be pulverized and an entire new roadway section constructed on the opti- mum grade, based on identification and availability of additional funds, in a report back to Council on Monday, May 19, 1986. Council Member Hernandez made a substitute motion to approve recommendation of staff to reject all bids and readvertise for bids. The motion died for lack of a second. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions, stating he could not predict whether or not there would be additional bids in two or three months time, and whether or not they would be more attractive. The original motion by Council Member Quiel to ap- prove Alternate B carried by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Reilly. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.56.040 OF THE SAN BER- NARDINO MUNICIPAL CODE TO INCREASE PARK CONSTRUCTION FEES IN THE CITY OF SAN BER- NARDINO. (First) (S-5 ) Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that said ordinance be continued to the afternoon session. (See page 22) RECESS MEETING - FIVE MINUTE BREAK At 10:58 a.m., the Regular Meeting of the Mayor and Common Council recessed for a five minute break. 17 5/5/86 RECONVENE MEETING At 11:10 a.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler; Sr. Assistant City Attorney Briggs, City Clerk Clark, City Administrator Matzer. Absent: Council Member Reilly. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman Wilcox in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. FRED SCHMID VS. CITY AND AGENCY - SETTLEMENT In a memorandum dated April 30, 1986, Glenda Saul, Executive Director, Redevelopment Agency, attached a mem- orandum dated April 30, 1986 from Sr. Assistant City At- torney Briggs, in which he explained that Fred Schmid Associates had accepted the offer made by the Community Development Commission/Mayor and Common Council in Closed Session at the April 7, 1986 meeting of the Commission. (R-6) Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, to approve payment by the Redevelopment Agency of $14,000 to Fred Schmid in accordance with settlement agreement. RES. 86-165 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PROVISIONAL EDUCATIONAL SERVICES, INCORPORATED, RELATING TO CDBG FUNDING FOR PROJECT EARLY OUTREACH. (RS-2) City Clerk Clark read the title of the resolution. Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolution be waived. Council Member Frazier made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 86-165 was adopted by the following vote: Ayes: Council Members Estrada, Marks, Quie1, Frazier, Strickler. Noes: Council Member Hernandez. Absent: Council Member Reilly. PREVAILING WAGES - CONTINUED FROM APRIL This is the time and place continued to ation of the prevailing Wage matter. 7, 1986 for consider- (RS-4) Previous actions taken on the matter of the Prevail- ing Wages issue included a hearing on January 13, 1986, at which time the Agency staff was directed to seek proposals for study and to ascertain practices of other redevelop- ment agencies; on February 17, 1986, the City Administra- tors' Report was received. Also received were two pro- posals for Prevailing Wage Study. The staff was instruc- ted to confer with State College to propose a prevailing Wage Study, and the matter was continued to March 3, 1986. The matter was additionally continued to March 17, 1986, April 7, 1986, and to May 5, 1986. 18 5/5/86 In a memorandum dated May 2, 1986, Glenda Saul, Executive Director, Redevelopment Agency, stated that a proposal had been prepared by California State College to study the Prevailing Wage issue. The proposal was re- ceived on Friday, May 2, 1986, and was attached for re- view. The estimated cost is $25,000 and the study will be completed within 90 days after the execution of the agree- ment. The Mayor and Council discussed the cost and period of time required to complete the study. Glenda Saul, Executive Director of the Redevelopment Agency, explained the history of the Prevailing Wage issue in the City of San Bernardino and what is required by State and Federal law. The issue is whether or not to require developers or contractors to pay prevailing wages on Redevelopment projects or City Public Works projects not mandated by State or Federal law. John Smith, representing labor unions and a trustee of a large pension trust in California, spoke about the negative impact on pension trust funds if prevailing wages are not paid. The funds could be depleted and the fringe benefits, such as health and welfare, would have to be reduced. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions regarding the scope of the proposed study. Tom Pierce, Professor of Economics, Cal State Univer- sity San Bernardino, answered questions, stating that the study would be fairly broad in scope and that the first part of the study would be that of fact finding. Bruce Daniels, Director of a new Center for Contract Compliance, answered questions, offered cooperation on the study, and stated that in a letter sent to all locals and contractors, they had requested that they provide neces- sary information regarding data on minorities that would be needed to complete the study. Mr. Sheldon Bachman of Cal State University, stated that 90 days was a minimum time frame for completion of the study and there would be no additional cost over the $25,000. The Community Development Commission voted to author- ize and direct Agency Counsel to prepare an agreement between the Community Development Commission and the Data Gathering Center, California State university, for consul- tant services, prevailing Wage Rate Study, and to author- ize the execution thereof by the Chairman and Secretary of the Agency. RECESS MEETING At 12:05 p.m. the Regular Meeting of the Mayor and Common Council recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. RECONVENE MEETING At 2:12 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 19 5/5/86 ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Hernandez, Frazier, Strickler; City Attorney prince, City Clerk Clark, City Administrator Matzer. Absent: Council Members Reilly, Marks, Quiel. CHANGE OF ZONE NO. 86-4 - 1666 WEST NINTH STREET - GARY AND GERALDINE YEAKEL - CONTINUED FROM APRIL 21, 1986 This is the time and place continued to for consider- ation 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 1666 West Ninth Street. (39) Planning Director Schuma answered questions. COUNCIL MEMBER QUIEL ARRIVED Council Member Quie1 arrived at the Council Meeting and took his place at the Council Table. Council Member Frazier made a motion, seconded by Council Member Estrada, to reject the recommendation of the Planning Commission and leave the property zoned as it is now. Mr. Richard Yeakel described the location of the property and stated he felt the best use of the land would be residential. He explained that it was their intent to move on a nice stucco house that would be consistent with the area. He showed pictures of the house to the Mayor and Council. He also stated that if this request for change of zone is denied, his use of the property would be restricted, as he can't develop it commercially. COUNCIL MEMBER MARKS ARRIVED Council Member Marks arrived at the Council Meeting and took his place at the Council Table. The previous motion made by Council Member Frazier to reject the recommendation of the Planning Commission and leave the property zoned as it is now carried by the fol- lowing vote: Ayes: Council Members Estrada, Hernandez, Marks, Frazier. Noes: Council Members Quie1, Strickler. Absent: Council Member Reilly. CHANGE OF ZONE NO. 86-7 - NORTHEAST CORNER OF ARROWHEAD AVENUE AND 21ST STREET - BERNIE & BONNIE GOLER In a memorandum dated April 29, 1986, Planning Director Schuma stated that at the Planning Commission meeting on April 22, 1986, the application for Change of Zone No. 86-7, from R-3-1200, Multiple Family Residential to AP, Administrative-Professional, for a rectangularly shaped parcel of land consisting of approximately .15 acres located near the northeast corner of Arrowhead Ave- nue and 21st Street, was unanimously recommended for ap- proval. The Negative Declaration for environmental review was also recommended for approval. The applicant and owners are Bernie & Bonnie Goler, 2111 N. Arrowhead Ave- nue, San Bernardino, CA. (40) Counci 1 Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to approve the responses to comments and to adopt the Negative Dec- laration for environmental review which has been reviewed and considered; to approve the findings and the recommen- 20 5/5/86 dation of the Planning Commission and to direct the City Attorney to prepare the necessary amendments to the Zoning Ordinance. ORD. MC-518 - ORDINANCE OF THE CITY OF SAN BERNARDINO MAKING THE PLANNING COMMISSION'S DECISION TO ISSUE BUILDING MOVING PERMITS SUBJECT TO THE APPROVAL OF THE MAYOR AND COMMON COUNCIL FOR A PERIOD OF ONE HUNDRED TWENTY DAYS; AND DECLARI NG THE URGENCY THEREOF. FINAL (14) The City Clerk read the title of the ordinance. City Attorney Prince made suggested changes in the ordinance. Counci 1 Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that fur- ther reading of the ordinance be waived and said ordinance be adopted. Ordinance MC-518 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Reilly. RES. 86-166 - RESOLUTION OF THE CITY OF SAN BERNARDI NO APPROVI NG THE FINAL MAP FOR SUBDIVISION TRACT NO. 12949, LOCATED AT THE NORTHERLY TERMINUS OF CENTRAL AVENUE, AC- CEPTING 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. City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that fur- ther reading of the resolution be waived and said resolu- ti on be adopted. Resolution No. 86-166 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Rei lly. COMMUNITY CRIME RESISTANCE PROGRAM GRANT - OFFICE OF CALIFORNIA JUSTICE PLANNING - STATE OF CALIFORNIA In a memorandum dated May 5, 1986, Police Chief Donald Burnett stated that the Office of Criminal Justice Planning will be awarding Community Crime Resistance Pro- gram Grants to law enforcement agencies and community based organizations to develop community crime resistance activities. The Police Department is applying for such a grant and requested Council approval to proceed with the State application. Chief Burnett included a copy of the San Bernardino Police Department Community Crime Resis- !~~ce ~~~~~m G~~~~ConceE!~~E~~ prepared by the Crime Analysis & Crime Prevention Units, dated May 2, 1986. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the matter of the Community Crime Resistance Program Grant be referred to the Ways and Means Committee for a report back on May 19, 1986. 21 5/5/86 COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. WAYS AND MEANS COMMITTEE MEETING REPORT - APRIL 28, 1986 Council Member Marks, Chairman of the Ways Committee presented the report of the meeting of and Means Committee held on April 28, 1986. The items were discussed: and Means the Ways following (13) 1. Million Dollar Mile - Mr. Sam Henley filed a report wi~the-COmm1ttee-regarding the project. The Committee requested the Economic Development Council work with local businessmen regarding the effect the project will have on business in the area and to evaluate the marketing strategy for, and the economic impact on, the City and report back by June 30, 1986. 2. Co-sponsorship - 1986 Black Athletes Hall of Fame - The Committee acknowledged the benefit of the program but recommended a denial of co-sponsorship support because of budgetary constraints. Council Member Marks made a motion, Council Member Quiel and unanimously carried, fully deny the request of the Black Athletes for funding for 1986. seconded by to respect- Hall of Fame 3. ~~~~ Develop~ent Fee Schedule - The Committee recommended approval of fees of 1% of construction valua- tion for single and multiple family dwellings and 1/2 of 1% of construction valuation for mobile home lots. The fee increase is justified, based on the individual and social benefits derived from park construction. The Com- mittee directed the Park & Recreation Director to draft the appropriate ordinance to be presented to the Council at Council Meeting of May 5, 1986. (See page 22, Item S-5) 4. Enterprise Zone - The Committee discussed Cali- fornia State-llniversity'S responsibility under the con- tract with the City. It was concluded that all aspects of the contract are being adhered to. The Committee sug- gested Cal State solicit, by letter, further questions regarding the Enterprise Zone from Council Member Frazier. The Committee further directed the Redevelopment Agency to hold a special meeting regarding the activity report of the Enterprise Zone at 3:00 p.m., May 12, 1986. 5. ~lbr~~~to~ation Sy~te~ - Continued to next meeting. 6. ~~bili~~sura~ce - The Committee received an updated report and continued this item until additional information is received. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the report of the Ways and Means Committee meeting held on April 28, 1986, be received and filed. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.56.040 OF THE SAN BER- NARDINO MUNICIPAL CODE TO INCREASE PARK CONSTRUCTION FEES IN THE CITY OF SAN BERNARDINO. FIRST (S-5) 22 5/5/86 City Clerk Clark read the title of the ordinance. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the ordinance be waived. The Mayor and Council discussed the proposed increase in park construction fees and what impact it might have on developments in the City. Council Member Marks made a motion, seconded by Council Member Estrada, that said ordinance be laid over for final passage. The motion carried by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Frazier. Noes: Council Members Quiel, Strickler. Absent: Council Member Reilly. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. CLOSED SESSION At 3:00 p.m., Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried that the Regular Meeting of the Mayor and Common Council recess to a Closed Session under the authority of Govern- ment Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party. The titles of the litigation are: City of San Bernardino, et al vs. San Manuel Band of Mission Indians, et al; Hughes vs. City of San Bernardino; Allison Chamberlin vs. City of San Bernar- dino et al; J. G. GOlfing, Inc. vs. City of San Bernar- dTnoet-al; Romero vs. Ci~.Y~2~ Be!.~ardi~~; also, under authority of Government Code Section 54957 to con- sider personnel matters; Government Code 54957.6 to meet with its designated representatives regarding labor rela- tions matters (Continued from April 21, 1986); and eight disability retirements. (15, 16, 17) CLOSED SESSION At 3:00 p.m., the Closed Session was called to order by Mayor Wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Hernandez, Marks, Quiel, Strickler; City Attorney prince, City Clerk Clark, City Administrator Matzer. Absent: Council Members Reilly, Frazier. Also present were: Ron Services/Risk Management; Personnel; Richard Bennecke, the Mayor; Phil Arvizo, Counc i 1. Solheim, Director, Emergency M. J. perlick, Director, Administrative Assistant to Executi ve Assistant to the COUNCIL MEMBER HERNANDEZ EXCUSED At 3:04 p.m. Council Member Hernandez left the Closed Session. COUNCIL MEMBER FRAZIER ARRIVED At 3:05 p.m.Council Member Frazier arrived at the Closed Session. 23 5/5/86 I DIRECTOR OF EMERGENCY SERVICES/RISK MANAGEMENT SOLHEIM EXCUSED Director of Emergency Services/Risk Management Solheim left the Closed Session. ADJOURN CLOSED SESSION At 4:29 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 4:29 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Marks, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Members Reilly, Hernandez, Quiel. RES. 86-167 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION . . . ESTAB- LISHING A BASIC COMPENSATION PLAN. . ."; PROVIDING A 6% WAGE INCREASE FOR SAID GEN- ERAL EMPLOYEES EFFECTIVE WITH THE PAYROLL PERIOD BEGINNING JULY 7, 1986, AS APPROVED DECEMBER 2, 1985 AS PART OF THE NEGOTIATED MEMORANDUM OF UNDERSTANDING. (22) City Clerk Clark read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived and said resolu- tion be adopted. Resolution No. 86-167 was adopted by the following vote: Ayes: Council Members Estrada, Marks, Frazier, Strickler. Noes: None. Absent: Council Members Reilly, Hernandez, Quiel. RES. 86-168 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION . . . ESTAB- LISHING A BASIC COMPENSATION PLAN. "; PROVIDING A 5% WAGE INCREASE FOR SAID MID- DLE-MANAGEMENT EMPLOYEES EFFECTIVE WITH THE PAYROLL PERIOD BEGINNING JULY 7, 1986 AS APPROVED DECEMBER 2, 1985, AS PART OF THE NEGOTIATED MEMORANDUM OF UNDERSTANDING. (23) City Clerk Clark read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived and said resolu- tion be adopted. Resolution No. 86-168 was adopted by the following vote: Ayes: Council Members Estrada, Marks, Frazier, Strickler. Noes: None. Absent: Council Members Reilly, Hernandez, Quiel. 24 5/5/86 RES. 86-169 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION . . . ESTAB- LISHING A BASIC COMPENSATION PLAN. ."; CHANGING SECTION TWELVE TO PERTAIN TO CON- FIDENTIAL EMPLOYEES ONLY; PROVIDING A 5% WAGE INCREASE FOR SAID CONFIDENTIAL EMPLOY- EES EFFECTIVE WITH THE PAYROLL PERIOD BE- GINNING JULY 7, 1986, AS APPROVED NOVEMBER 18, 1985; DELETING THE SPECIFIC "c" DESIG- NATION AS ALL POSITIONS ARE CONFIDENTIAL; AND DELETING THE CLASSES OF ADMINISTRATIVE AIDE AND ADMINISTRATIVE ASSISTANT TO COUNCIL. (24) City Clerk Clark read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived and said resolu- tion be adopted. Resolution No. 86-169 was adopted by the following vote: Ayes: Council Members Estrada, Marks, Frazier, Strickler. Noes: None. Absent: Council Members Reilly, Hernandez, Quie1. RES. 86-170 - RESOLUTION OF THE CITY OF SAN BERNARD I NO AMEND I NG RESOLUT I ON NO. 6413 ENTITLED IN PART "A RESOLUTION . . . ESTAB- LISHING A BASIC COMPENSATION PLAN. . ."; CREATING SECTION FOURTEEN FOR MANAGEMENT EMPLOYEES ONLY; CHANGING THE SALARY RANGE FROM A 3000 SERIES TO A 4000 SERIES; PRO- VIDING A 5% WAGE INCREASE FOR SAID MANAGE- MENT EMPLOYEES EFFECTIVE WITH THE PAYROLL PERIOD BEGINNING JULY 7, 1986, AS APPROVED NOVEMBER 18, 1985; DELETING THE SPECIFIC "(M)" DESIGNATION AS ALL POSITIONS ARE MANAGEMENT AND ADDING THE CLASSES OF ADMIN- ISTRATIVE ASSISTANT TO COUNCIL AND CABLE TELEVISION COORDINATOR. (25) City Clerk Clark read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived and said resolu- tion be adopted. Resolution No. 86-170 was adopted by the following vote: Ayes: Council Members Estrada, Marks, Frazier, Strickler. Noes: None. Absent: Council Members Reilly, Hernandez, Quiel. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. RES. 86-171 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CAL OLSON, ARCHITECT, RELAT- ING TO CONSULTANT SERVICES FOR THE SAN BERNARDINO GOLF CLUB. City Clerk Clark read the title of the resolution. 25 5/5/86 I council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said reso- lution be adopted. Resolution No. 86-171 was adopted by the following vote: Ayes: Council Members Estrada, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Reilly, Hernandez, Marks. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. PUBLIC HEARING - CUL-DE-SAC AND BLOCK WALL - PIEDMONT DRIVE AT INTERSECTION OF VICTORIA AVENUE - CONSIDERATION OF CONSTRUCTION This is the time and place set for a public hearing to consider whether or not a cul-de-sac and block wall should be erected for the purpose of blocking off piedmont Drive where it intersects with Victoria Avenue. (41) Mayor Wilcox opened the hearing. No protests have been received. Bill Smith of Austin Smith Realtors, stated he had looked at the site and recommended the closure. Rick Lazar, owner of Lazar Realty Company, also sup- ported the construction of a cul-de-sac. Ed Jacobson, San Bernardino Realtor, spoke regarding the benefits of the closure of Piedmont. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions and stated that there might be complications with traffic circulation in the immediate area, but it would not be too dramatic. Richard Moon, Deputy Fire Chief, spoke regarding the length of the cul-de-sac of 2,000 feet. Manuel Moreno Jr., Superintendent, Public Services, stated that the use of break away posts is not recom- mended, as there have been problems with this type of posts on E Street and Arrowhead Avenue. Police Chief Burnett stated he had no objections to the cul-de-sac. Darla Keith, a homeowner in the area, questioned whether the residents would have to pay for this, and was told that the cost would be subject to negotiation with the San Manuel Band of Indians, but the residents would not pay. Florence Henderson spoke regarding noise problems. Charles Long, a resident of Lynwood, pointed out the danger of the storm drain that crosses Lynwood. A homeowner on Cactus Circle asked questions. Bill Richards, an area homeowner, spoke regarding problems in front of his house. His house is within close proximity to the Bingo Parlor and traffic will be making a turn in front of his house as it comes off Lynwood. 26 5/5/86 , Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to close the hearing, to approve the concept of the closure of piedmont at the intersection of victoria and piedmont by the construction of a cul-de-sac and decorative block wall, the details and design of the block wall to be recommended to the Council by staff; to include in the design a pedestrian walkway for the school children; and to direct the City Attorney to prepare the appropriate resolutions and ordinances for the proposed project to be brought back before the Council at the meeting of May 19, 1986. ADJOURNMENT At 5:00 p.m., Council Member Estrada made a motion, seconded by Council Member Quie1 and unanimously carried, that the meeting be adjourned to 9:00 a.m., on Monday, May 19, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. "dftff/;1?,? -ai'~ /' ci ty Clerk 27 5/5/86