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HomeMy WebLinkAbout06-02-1986 Minutes City of San Bernardino, California June 2, 1986 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:04 a.m., on Monday, June 2, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Pastor Alan Rosenberg, Christian & Missionary Alliance 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, Reilly, Hernandez, Marks, Frazier, Strickler; City Attorney prince, City Clerk Clark, City Administrator Matzer. Absent: Council Member Quiel. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. REAPPOINTMENTS - BOARD OF BUILDING COMMISSIONERS - EDWIN HElL - WARREN MILLER Pursuant to memoranda dated May 30, 1986, from Mayor Wilcox, Council Member Hernandez made a motion, seconded by Council Member Estrada and unanimously carried, that the reappointments of Edwin Heil, 602 W. 34th Street, San Bernardino, CA 92405 and Warren Miller, 5075 Lugo, San Bernardino, CA 92404, to the Board of Building Commis- sioners be confirmed. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. POLICE DEPARTMENT BUDGET - CONSIDERATION Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to con- sider and discuss the report regarding the Police Depart- ment Budget at the end of the Agenda. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. COUNCIL MEMBER QUIEL ARRIVED Council Member Quiel arrived at the Council Meeting and took his place at the Council Table. APPROVE MINUTES - MAY 19, 1986 Council Member Strickler made a motion, seconded by Council Member Frazier, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 19th day of May, 1986, as submitted in typewritten form. (1) The motion carried by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Members Reilly, Quiel. APPROVAL AND ACCEPTANCE OF WORK - CONSTRUCTION OF SIDEWALKS - HIGHLAND AVENUE (NORTH SIDE) - REDLANDS PAVING, INC. In a memorandum dated May 19, 1986, Roger Hardgrave, Director of Public Works/City Engineer, stated that all work under the contract with Redlands Paving, Inc. for the construction of sidewalks on the north side of Highland Avenue was satisfactorily completed as of May 2, 1986. The final contract price was $23,988.30. (2) Council Member Strickler made a motion, seconded by Council Member Frazier, that the work performed by the contractor, in accordance with Specification No. 6858, be approved and accepted; and that final payment be author- ized at the expiration of the lien period. The motion carried by Council Members Estrada, Frazier, Strickler. Noes: stain: Council Member Quiel. the following vote: Ayes: Reilly, Hernandez, Marks, None. Absent: None. Ab- FOURTH WARD PARK EXTENSION FUNDS - SEVENTH WARD PARK EXTENSION FUNDS - PURCHASE OF PARK FURNISHINGS - SPEICHER FAMILY MEMORIAL PARK - APPROVAL OF EXPENDITURES In a memorandum dated May 13, 1986, Annie F. Ramos, Director of Parks, Recreation and Community Services, explained that the Speicher Family Memorial Park will be located at Arden and Pacific Streets on City-owned Patton property. Volunteers will complete much of the work under the supervision of City forces and the City will provide three concrete picnic tables, three BBQ'S, five waste containers, and tot lot equipment, at a total cost of $5,600. (4) Council Member Strickler stated he wished to publicly thank Council Member Marks for his cooperation in the expenditure of some Fourth Ward Park Extension Funds for the Speicher Memorial Park. Council Member Strickler made a motion, seconded by Council Member Frazier, that $2,853 from Fourth Ward Park Extension Funds and $2,747 from Seventh Ward Park Exten- sion Funds for the purchase of park furnishings for in- stallation at the Speicher Family Memorial Park be approved. The motion carried by Council Members Estrada, Frazier, Strickler. Noes: stain: Council Member Quiel. the following vote: Ayes: Reilly, Hernandez, Marks, None. Absent: None. Ab- CLAIMS AND PAYROLL Council Member Strickler made a motion, seconded by Council Member Frazier, to approve demands against the City and authorize the issuance of warrants as listed below. (5) The motion carried by Council Members Estrada, Frazier, Strickler. Noes: stain: Council Member Quiel. the following vote: Ayes: Reilly, Hernandez, Marks, None. Absent: None. Ab- 2 6/2/86 (1) Approve the register of demands dated: May 13, 1986 May 20, 1986 85/86 85/86 #42 #43 $2,234,325.12 1,285,224.51 (2) Approve the total gross payroll for the period April 28, 1986, through May 11, 1986, in the amount of $1,245,754.93. PERSONNEL ACTIONS Council Member Strickler made a motion, seconded by Council Member Frazier, that the Personnel Actions sub- mitted by the Director of Personnel in accordance with all administrative regulations of the City of San Bernardino be approved and ratified as listed below. (6) The motion carried by Council Members Estrada, Frazier, Strickler. Noes: stain: Council Member Quiel. the following vote: Ayes: Reilly, Hernandez, Marks, None. Absent: None. Ab- APPOINTMENTS Public Works/Engineering Ahmad Salah - Civil Engineering Assistant - Effective June 3, 1986 Emergency Services Ernest Wilson - Emergency Services & Safety Officer - Effective April 7, 1986 TEMPORARY APPOINTMENTS Parks, Recreation & Community Services Deirdra Brown - Senior Recreation Leader - Effective June 3, 1986 Gary Caddell - Coach Operator/part-Time - Effective June 3, 1986 Odessa M. Walker - Coach Operator/Part-Time - Effective May 27, 1986 Arthur Ramos - Senior Services Aide - Effective June 3, 1986 Recreation Aide - Effective June 3, 1986 - Beverley A. Bush Ray Guzman Esther Ramirez Veronica Romero Jeanett Vance Leda A. Goyer Monika Pollard Carolyn R. Rhodes Sammie Rucker Animal Control Animal License Checker/part-Time - Effective June 9, 1986 Kathy J. Burgett Shelly L. Pan Shiela J. Meyer Tina L. Winn PROMOTIONS Police Department Robert H. Logsdon - Training Officer - From Police Officer to Training Officer - Effective May 26, 1986 3 6/2/86 Michael Potts ~ Detective - From Police Officer to Detective - Effective May 26, 1986 Public Works/Engineering Ronald C. Blymiller - Traffic Signal Design Engineer - From Civil Engineering Assistant to Traffic Signal Design Engineer - Effective June 3, 1986 Administration - Data processing Susan E. Ewing - Senior Data Systems Operator - From Data Systems Operator to Senior Data Systems Operator - Effective June 3, 1986 LEAVE OF ABSENCE/MATERNITY City Clerk Diane Copeland - Intermediate Typist Clerk - May 5, 1986 to July 25, 1986 - Effective May 5, 1986 LEAVE OF ABSENCE Fire/Communications Sheereen Garcia - Dispatcher II - May 12, 1986 to July 10, 1986 - Effective May 12, 1986 Fire/Prevention Karyn D. Vaudreuil - Fire Prevention Specialist - May 1, 1986 to July 1, 1986 - Effective May 1, 1986 APPROVAL - MASTER PLAN - FINE ARTS - SUBMITTED BY FINE ARTS COMMISSION In a memorandum dated May 14, 1986, Thelma Press, Liaison, Fine Arts Commission, explained the goal of the Fine Arts Commission to create a climate that aestheti- cally satisfies the senses of the people of the community. Mrs. Press also attached a copy of Ordinance No. MC-309, which established the Fine Arts Commission, a copy of the proposed Master Plan for the Fine Arts for the City of San Bernardino, dated May 12, 1986, a copy of a letter dated May 19, 1986 from Richard G. Simon, and other documents relating to other City's budgets for the arts. (3) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the matter of the Master Plan for the Fine Arts be referred to the Ways and Means Committee. Barry Silver, Chairman of the Fine Arts Commission, spoke regarding the Master Plan for Fine Arts and urged the Council's consideration. Mayor Wilcox suggested that members of the Fine Arts Commission contact Executive Assistant to the Council, Phil Arvizo, for the date and time of the Ways and Means Committee when this matter will be discussed. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. PUBLIC HEARING - ANNEXATION - INHABITED TERRITORY EAST OF WATERMAN AVENUE, NORTH OF THIRD STREET, SOUTH OF EXISTING CITY BOUNDARIES, WEST OF PEDLEY AVENUE AND PALM LANE - LAFC 2372 - CONTINUED FROM MAY 19, 1986 This is the time and place continued to for a public hearing concerning the proposed annexation of inhabited territory generally located east of Waterman Avenue; north of Third Street; south of existing City boundaries; and 4 6/2/86 generally west of Pedley Avenue and Palm Lane, consisting of approximately 230 acres. (7) Mayor Wilcox opened the hearing. City Clerk Clark stated that 74 protests had been received, of which 65 were valid, which was a 57% protest. However, during the week-end, twelve protests were with- drawn, lowering the percentage to 46.49%. This amount is still within the election range. Mayor Wilcox answered questions regarding City per- sonnel who made the contacts during the week-end to dis- cuss withdrawing protests. City Clerk Clark answered questions regarding elec- tion procedures and stated the easiest way would be to put the proposed annexation on the November ballot. The al- ternative would be for the City Clerk's Office to conduct the election by mail, at approximately the same cost as having it on the November election. City Attorney Prince answered questions regarding the disclosure of names of persons who withdrew their pro- tests, and the difference in counting written and oral protests. Ernest Armendarez, 24195 Monterey, requested infor- mation regarding persons who had withdrawn protests, and spoke against the annexation. City Attorney Prince explained the law regarding the filing of written protests. Council Member Marks made a motion, seconded by Council Member Quiel, to close the hearing and continue the matter of the proposed annexation (LAFC 2372) to the next regularly scheduled meeting, June 16, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California for setting the election date. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Strickler. Noes: Council Member Hernandez. Absent: Council Member Frazier. PUBLIC HEARING - PROPOSED ANNEXATION OF INHABITED TERRITORY - GENERALLY BOUNDED BY WATERMAN AVENUE ON THE WEST, CENTRAL AVENUE ON THE NORTH AND TIPPECANOE AVENUE ON THE EAST - APPROXIMATELY 210 ACRES - LAFC 2371 This is the time and place set for a public hearing the consider the proposed annexation of inhabited terri- tory generally bounded by Waterman Avenue on the west, Central Avenue on the north and Tippecanoe Avenue on the east, consisting of approximately 210 acres (LAFC 2371) (8 ) Mayor wilcox opened the hearing. City Clerk Clark stated there were 244 registered voters in the area, and 150 protests were received, of which 125 were valid, which is 51% protest. Seventeen of these protests were withdrawn for a new percentage of 44.26%, which is within election range. Roger Hardgrave, Director of Public Works/City Engi- neer, summarized LAFCO Resolution 2035 regarding the pro- posed annexation. 5 6/2/86 Margaret Walker, 24454 pioneer, spoke against the annexation, stating the City isn't offering any services that they are not now receiving from the County. City Clerk Clark answered questions and explained that there are two kinds of protests, those from regis- tered voters and those from homeowners. In this proposed annexation, protests from registered voters are being considered. Sharon Webb, 24494 pioneer Street, spoke against the annexation, stating that certain areas near her home have been annexed to the City, but have never been improved. She referred to a dirt road that goes from pioneer Street to Norman Road. She also spoke of problems at the Mill Center. Mayor wilcox requested that City Administrator Matzer provide Mrs. Webb with a copy of activities at Mill Center and a report to Mrs. Webb, to the Mayor, and the Council on the condition of Mill Center. City Administrator Matzer was requested to have the dirt road graded and cleaned up. Laurie Tully, an employee of Home Lumber Co. whose business is located in the proposed annexation area, brought up issues which had been controversial, such as whether or not property taxes would be raised in the event the property is annexed and whether or not sewers would be installed and asked for clarification. Council Member Marks made a motion, seconded by Council Member Strickler, to close the hearing and declare the intention to hold an election and to continue this matter until the next regularly scheduled meeting, June 16, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to determine what date the election will take place and in what manner. The motion carried by the Council Members Estrada, Reilly, Noes: Council Member Hernandez. Frazier. following vote: Ayes: Marks, Quiel, Strickler. Absent: Council Member APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER TO DEMOLISH - 638 NORTH "L" STREET - VETERANS ADMINISTRATION - CRUZ SAENZ - CONTINUED FROM APRIL 21, 1986 This is the time and place continued to for hearing an appeal filed by Cruz M. Saenz on behalf of the Veterans Administration on the Board of Building Commissioners' order to abate a public nuisance by demolition on property located at 638 North "L" Street. (BBC Res. No. 1077) (9) At the meeting of the Mayor and Common Council held on April 21, 1986, a motion was made and carried to send the matter of the order to demolish the property located at 638 N. ilL" Street back to the Board of Building Commis- sioners and to continue the matter to June 2, 1986, in order to obtain a legal opinion regarding abatement juris- diction with regard to federal property. Mayor Wilcox opened the hearing. Mr. Cruz Saenz was sworn in by City Clerk Clark. 6 6/2/86 Mr. Cruz Saenz, Real Estate Broker and Property Man- ager for the Veterans Administration, stated that the Veterans Administration is prepared and wishes to rehabil- itate the property, if given the permit to do so. How~ ever, if demolition is required, he stated be believed it would meet the criteria for Community Development demoli- tion and removal. Mr. Saenz stated that the Building and Safety Depart- ment had requested that if the property is rehabilitated, that a garage be added to the premises, and stated he felt this was asking too much, as there were many proper- ties in this area that did not have garages. City Attorney Prince answered questions, stating that the legal issue had not been resolved, but he had talked to Mr. Locke, Supervisor of Property Management Division in Los Angeles, who indicated that the Veterans Adminis- tration is willing to rehabilitate all Veterans Adminis- tration property in San Bernardino, but has had some prob- lems with someone in the Building and Safety Department, in not allowing buildings to be repaired, but ordered them demolished. Charles Dunham, Acting Superintendent, Building & Safety, stated that according to the Planning Department, this property could be considered a non-conforming use and would not require a garage, and that as long as the house is rehabilitated, it would be acceptable. Mr. Dunham also stated that the building in question has been boarded up for four years. Mr. Cruz, Property Manager for the Veterans Adminis- tration, explained the background of the ownership of the property, and stated that the VA has had this property only since October 8, 1985, and stated there had been a mix-up in the notification process and they were not noti- fied of the proceedings. He suggested a title search be done by the City the day before notification so that records are up to date. Council Member Hernandez made a motion, seconded by Council Member Estrada, that the house be condemned and removed at the City's expense, using CDBG Funds to demolish. Council Member Quiel made a substitute motion, seconded by Council Member Strickler, to continue the hearing to August 4, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to allow the property owner the opportunity to submit plans and obtain building approval to rehabilitate the house within 60 days. If, in fact this is not completed within 60 days and permits issued, then the item will come back to the Council for condemnation. City Attorney Prince stated that in a conversation with the Veterans Administration they indicated they wish to repair the building. The substitute motion made by Council Member Quiel, seconded by Council Member Strickler failed by the fol- lowing vote: Ayes: Council Members Quiel, Strickler. Noes: Council Members Estrada, Reilly, Hernandez, Marks. Absent: Council Member Frazier. The Mayor and Council discussed the issue of improv- ing the City's working relations with the Veterans Admin- istration. 7 6/2/86 Council Member Estrada made a motion, seconded by Council Member Marks, to close the hearing and to confirm the decision of the Board of Building Commissioners to abate the nuisance by demolition. The motion carried by the following vote: Council Members Estrada, Reilly, Hernandez, Marks. Council Members Quiel, Strickler. Absent: Council Frazier. (See new motion - See page 8) Ayes: Noes: Member Council Member Hernandez made a motion building be demolished using in house staff and cost not exceed $1,000, using CDGB Funds. tha t the that the The motion died for lack of a second. City Attorney Prince stated that there has been an indication there was some problem with the notice, and that the legal issue with the Veterans Administration had not been covered. He stated that even though Mr. Saenz is a representative of the Veterans Administration, his dis- cussion had been with Mr. Locke and wished to have his concurrence in this matter. Cruz Saenz, representing the Veterans Administration, stated he had talked to Mr. Locke last Tuesday and reiter- ated that their first choice was to repair the building, without the addition of a garage, if given approval to do so. They could have the building permit within 60 days and have repairs completed within 90 days. However, if ordered to remove the structure, they would agree to that, but at City's expense. City Attorney Prince answered questions, stating that he had not been able to get in touch with the Legal Of- fice. He further explained that the issue was if a muni- cipality can demolish the property of the Federal Govern- ment without its consent. Counci 1 Member Council Member Estrada sider the matter. Marks made a mot i on, seconded by and unanimously carried, to recon- COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. Council Member Quiel made a motion, seconded by Council Member Strickler, that the hearing be continued to August 4, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to allow the property owner the opportunity to submit plans and obtain building permits for the rehabilitation of the existing facility; such permits to be issued within 60 days. If in fact such permits are not issued within 60 days, the mat- ter will come back to the Council for determination of the abatement on that facility; and The City Attorney be directed to research the legality between the Veterans Administration and the City of San Bernardino as it re- lates to abatement proceedings of Veterans Administration owned property for consideration at the meeting of August 4, 1986. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Strickler. Noes: Council Member Hernandez. Absent: None. Abstain: Council Members Marks, Frazier. 8 6/2/86 COUNCIL MEMBERS HERNANDEZ, MARKS EXCUSED Council Members Hernandez and Marks left the Council Meeting. APPOINTMENT - BUREAU OF FRANCHISE - MARK CANTRELL Pursuant to a memorandum dated May 15, 1986, from Mayor Wilcox, Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the appointment of Mark Cantrell, 231 East 47th St., San Bernardino, CA 92404, to the Bureau of Franchise, representing Mayor Wilcox, be approved. City Clerk Clark administered the Oath of Office to Mr. Cantrell. COUNCIL MEMBERS HERNANDEZ, MARKS RETURNED Council Members Hernandez and Marks returned to the Council Meeting and took their places at the Council Table. POSTING OF BONDS - INSTALLATION OF UNDERGROUND UTILITIES ALONG KENDALL DRIVE - KNUTE SWENSEN, SUNFLOWER PROPERTIES, INC. - CONTINUED FROM MAY 19, 1986 This is the time and place continued to for consider- ation of a request from Knute Swensen of Sunflower Prop- erties, Inc. for the opportunity to post bonds for the in- stallation of underground utilities along Kendall Drive while an underground utility and sewer assessment district is being set up. Mr. Swensen stated that he will begin the underground conversion of Southern California Edison power lines as soon as the assessment district is in place. (11) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to ap- prove the request of the developer to post a bond in lieu of performing the functions, said bond to be posted prior to the issuance of the Certificate of Occupancy. The bond requirement would be waived at such time as the developer has approved assessment district in place for the imple- mentation of the undergrounding of utilities and storm drain. Such action should be independent of each other in the assessment district. 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. RES. 86-192 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A CONSENT TO A SECOND AMEND- MENT TO PARKING LICENSE AND EASEMENT WITH OPTION RIGHTS, CENTRAL CITY COMMERCE CENTER (WOOLWORTH BUILDING). (R-3b) City Clerk Clark read the title of the resolution. Glenda Saul, Executive Director, Redevelopment Agen- cy, answered questions. Sr. Assistant City Attorney Briggs answered ques- tions, stating that this agreement does not alter any of the parking rights for either the City or the Redevelop- ment Agency. 9 6/2/86 Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. vote: Marks, None. Resolution No. 86-192 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. ENTERPRISE ZONE - PROCEDURES In a memorandum dated May 27, 1986, Glenda Saul, Executive Director, Redevelopment Agency, gave a synopsis of previous action regarding the Enterprise Zone. Also presented were the proposed Enterprise Zone Procedures and Qualification Form. (R-4a) Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, to approve the qualification form and procedures created for the purpose of implementing the Enterprise Zone, with the change through interdelineation to have the last sentence on the Enterprise Zone Qualification Form read: "First year of operation of the business within first 3 years of Zone.1I RES. 86-193 - RESOLUTION OF THE CITY OF SAN BERNARDINO REVISING THE BEAUTIFICATION PROGRAM OF THE CITY OF SAN BERNARDINO, AND DESIGNATING THE REDEVELOPMENT AGENCY TO ADMINISTER THE PROGRAM. (R-5a) City Clerk Clark read the title of the resolution. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived. Sr. Assistant City Attorney Briggs answered questions regarding an addition to Exhibit 1 of said resolution. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted, with a change in Exhibit 1 by in- terdelineation to include Foothill Blvd. as an extension of 5th Street. Resolution No. 86-193 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Council Member Strickler. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING - SET DATE In a memorandum dated May 28, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, stated that the Mayor and Common Council had previously adopted the 1986-87 CDBG Program Mix and authorized staff to soli- cit proposals from interested parties for the upcoming fiscal year. As a part of the proposal review and ap- proval process, Federal Regulations require that the leg- islative body hold a public hearing to solicit input from the Community at large. (R-8) 10 6/2/86 Ken Henderson, Manager, Community Development Divi- sion, asked the Mayor and Council what type of information they wished to rece i ve reg ard i ng the pr oposed publ i c hearing. Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, to set a public hearing for Community Development Block Grant Fis- cal Year 1986/1987 Program, for June 16, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. EMPLOYMENT AND INCENTIVE ACT (A.B. 514 WATERS BILL) - ANALYSIS In a memorandum dated May 28, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, explained provisions of A. B. 514 Waters Bill. (R-9) Glenda Saul, Executive Director of the Redevelopment Agency, answered questions regarding the difference be- tween the Waters and Nolan Bills and explained the recom- mendation of staff. Sr. Assistant questions. City Attorney Briggs answered Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that the Mayor and Common Council elect not to pursue the applica- tion process under the Waters Bill and, further, that full and complete implementation of the Enterprise Zone adopted as part of the Nolan Bill process be reaffirmed by the Mayor and Common Council. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. RES. 86-194 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A PROPERTY OWNER'S PARTICIPA- TION AGREEMENT AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, VILLA CIELO, AND THE CITY OF SAN BERNARDINO. (RS-2b) City Clerk Clark read the title of the resolution. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions regarding language changes in the resolution and stated that they have no effect on the content of the resolution. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived. Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-194 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. 11 6/2/86 AUTHORIZATION FOR UDAG APPLICATION FOR NEW WORLD ENTERPRISE, AUTOMOTIVE SUPERMARKET In a memorandum dated May 30, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, stated that the staff had been working with the developer on a confidential basis with respect to a one-stop automotive retail and service center on the southwest corner of 7th Street and Waterman Avenue. UDAG assistance is necessary to see the project through fruition. The proposed action would authorize staff to develop and submit a UDAG appli~ cation to HUD. (RS-3) Glenda Saul, Executive Director of the Redevelopment Agency, answered questions regarding a plan for develop- ment in the area surrounding Seccombe Lake Park. Ken Henderson, Manager, Community Development Divi- sion, answered questions and explained the UDAG process. He also stated that the deadline for submittal of the UDAG application is July 31, 1986. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions regarding priority in applying for UDAG, stating that the first choice would be the proj- ect at the corner of Baseline and Muscott Street. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the matter of authorization for UDAG application for the New World Enterprise Automotive Supermarket be referred to the Redevelopment Committee and rescheduled for hearing at the next regularly scheduled meeting, June 16, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. SECCOMBE LAKE PARK AREA - STUDY DEVELOPMENT POTENTIAL Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to direct staff, both Redevelopment and City, to study the develop- ment potential of Seccombe Lake Park Area and consider formulating a planning overlay which may include physical as well as financial terms for the development of the park area, and to work closely with a Council Committee of Council Members Estrada and Reilly. UDAG APPLICATION - WESTSIDE SHOPPING CENTER - BASELINE AND MUSCOTT - AUTHORIZATION In a memorandum dated May 30, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, stated that the Agency had been notified that Congress did not act on HUD's request to rescind 1986 UDAG funding and the next (and possibly only remaining round) for submission is July, 1986. Staff feels confident that the Baseline and Muscott project could qualify for consideration. Ms. Saul also set forth deadlines for proceeding with the appli- cation. (RS-4) Glenda Saul, Executive Director of the Redevelopment Agency, answered questions. Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, to instruct staff to prepare a UDAG for a shopping center to be lo- cated on all or a portion of an 18 acre site at the north- east corner of Baseline and Muscott Streets, Northwest Redevelopment project, and to set a public hearing on UDAG application for July 21,1986, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 12 6/2/86 CONTINUE COMMUNITY DEVELOPMENT/REDEVELOPMENT AGENCY MEETING TO 4:00 P.M. ~ PUBLIC HEARING - UPTOWN REDEVELOPMENT PROJECT The meeting of the Community Development/Redevelop- ment Agency was continued to 4:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California, for a public hearing on the Uptown Rede- velopment project. RECESS MEETING At 12:00 noon, the Regular Meeting recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE At 2:10 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, Hernandez, Quiel, Strickler; City Clerk Clark, City Administrator Matzer. Absent: Council Members Reilly, Marks, Frazier; City Attorney Prince. APPEAL HEARING - SCHOOL IMPACTION FEES - BRIAN BASCOM In an undated letter, Brian Bascom, 712 Bermuda, Redlands, CA 92374, set forth an account of the dates and transactions that preceded this appeal for exemption of school impaction fees. (10) Brian Bascom, appellant, stated recommendation of the Legislative Review accept his appeal for exemption from fees. that it was the Committee not to school impaction COUNCIL MEMBERS REILLY, MARKS, FRAZIER ARRIVED At 2: 12 p.m., Council Members Reilly, Marks and Frazier arrived at the Council Meeting and took their places at the Council Table. Brian Bascom, appellant, explained that he did not receive notification of the cut-off date for applying for an exemption from the school impaction fees and was un- aware of such date, even though his name was on file in the Bldg. and Safety Department, the Planning Department and Engineering Department because of his proposed devel- opment. He stated he does not live in San Bernardino and doesn't see the San Bernardino newspaper, thus did not see the legal notice. Mr. Bascom stated that with the additional cost of the school impaction fees, he is unable to proceed with his development. The Mayor and Council discussed the background of the school impaction fees and the necessity of setting a cut- off date to receive requests for exemptions. CITY ATTORNEY PRINCE ARRIVED At 2:19 p.m., City Attorney Prince arrived at the Council Meeting. Council Member Estrada made a motion, seconded by Council Member Marks and unanimously carried, to close the hearing, deny the appeal and uphold the decision of the Legislative Review Committee. 13 6/2/86 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CITY SELF INSURED MEDICAL PLAN CONTINUATION PROGRAM FOR THE SURVIVING SPOUSE OF A DECEASED CITY RETIREE. (S-2) City Clerk Clark read the title of the resolution. City Attorney Prince stated that two substitute reso- lutions are being typed for presentation to the Council and should be available in about one-half hour. City Administrator Matzer answered questions regard- ing the cost of the proposed insurance plan and stated it would be costly only after the proposed three year period. The Mayor and Council discussed the issue of whether or not the surviving spouse of a City retiree should be allowed to continue in the City's self insured medical plan after the death of the retiree, and, if allowed to continue, how long the continuance should last. Marshall Julian, representing the retired employees, explained that they were not sure the City was ready to make a decision today, but spoke of the continuing prac- tice of some nine employees who pay their own premiums in order to stay with the City's Plan. The costs to the City developed by the insurance consultant were based on an assumption that all spouses of employees will pick up this option. The retired employees are not asking the City to pay the premium for them. Warren Cocke, a former member of the Insurance Com- mittee, explained the background and history of the City's insurance program, and stated that the group is not asking the City to pay for their coverage, but is only asking to be members of the plan and pay the the same premium as the City, and that the Council develop a policy. He stated they are concerned not only with members who were retir- ing, but what would happen to the spouse of a deceased employee or when they turned 65. He also spoke of the health plan as being a supplement to MediCare, which re- duces the cost to the City. Marshall Julian, a representative of the retired employee group, answered questions, and asked that the Council take an interim action which will protect those people currently covered, those who have been turned down, those who apply in the future during this three year hiatus or which time as the Council Personnel Committee comes back with a full package. It was agreed to discuss this item later in the ing when the substitute resolutions were available. page 23) meet- (See APPEAL - PLANNING COMMISSION'S DECISION OF DENIAL - VARIANCE NO. 85-24 - TO WAIVE SECTION 19.12.060 OF S.B.M.C. TO ALLOW ENCROACHMENT INTO SETBACK AREA IN R-3-1200 MULTIPLE FAMILY RESIDENTIAL DISTRICT - 1721 N. CONEJO DRIVE - CONTINUED FROM APRIL 7, 1986 This is the time and place continued to for consider- ation of an appeal filed by Douglas M. Boyd, Sr. Vice President, Eldorado Bank, on the Planning Commission's denial of Variance No. 85-24, to allow a building en- croachment into the required front setback area for an apartment building in the R-3-1200 Multiple Family Resi- dential Zone on property located at the southeast corner of Cross Street and Conejo Drive. (45) 14 6/2/86 Frank Schuma, Planning Director, explained the back~ ground of this appeal. City Clerk Clerk swore in Charles Schultz of Reid and Hellyer, 599 N. Arrowhead, San Bernardino, representing Eldorado Bank. Mr. Schultz, representing the applicant, explained the background of the development in question which was started by Mr. McCarty, who is no longer involved. The building was built within the setback requirements from the street. Eldorado Bank is now requesting a variance from the setback requirements. Mr. Schultz spoke of meet- ing with residents of the neighborhood and City staff and stated that staff suggested the best way to resolve the problem would be to vacate 17th Street from Conejo to the Flood Control District bridge. He explained that 17th Street is a 15 foot wide street, which is not up to City standards. Mr. Schultz, representing the applicant, offered to repave 17th Street from Conejo to the bridge, install street lights on 17th Street, provide a block wall with reenforced steel along 17th Street, and provide awning or other type of screening on the upstairs window of the apartment complex to block any view into the rear yard of Mr. & Mrs. Drips. Mr. Schultz, representing the applicant, stated they requested approval of the variance with the understanding that they would proceed with the request for the vacation of 17th Street. City Attorney Prince answered questions. Tina Gonzales, 1356 E. 17th Street was sworn in by City Clerk Clark. Ms. Gonzales, 1356 E. 17th Street, stated that #9 on the Planning Summary is incorrect. She further stated that the building created substandard conditions, which would decrease the value of her property. She also stated she felt the proposed block wall would be dangerous, as cars could bounce off into the neighbors' yard. Ms. Gon- zales referred to the possible danger of limited access in case of fire if the street is vacated. She also expressed doubt that there was adequate off-street parking for the three bedroom house on the property in question. CITY ATTORNEY PRINCE EXCUSED At 3:20 p.m., City Attorney Prince left the Council meeting. ASSISTANT CITY ATTORNEY SABOURIN ARRIVED At 3:20 p.m., Assistant City Attorney Sabourin ar- rived at the Council Meeting. Charles Schultz, representing applicant, answered questions and stated it was economically infeasible to move the building in question. Planning Director Schuma answered questions and reviewed the background on this project. Mr. Gerald Drips of 1695 N. Conejo Drive was sworn in by the City Clerk. 15 6/2/86 Mr. Gerald Drips, 1695 N. Conejo Drive, stated he lives south of 17th Street, adjacent and parallel to the project. He stated that vacating 17th Street would cut off access to his rental unit and that there would be very little access to the utility outlets. Harold Phillips, 1394 Cross Street, was sworn in by the City Clerk. Mr. Phillips, 1394 Cross Street, asked for clarifica- tion regarding the distance the building could be moved. CITY ATTORNEY PRINCE RETURNED City Attorney Prince returned to the Council Meeting. ASSISTANT CITY ATTORNEY SABOURIN EXCUSED Assistant City Attorney Sabourin left the Council Meeting. Council Member Reilly made a motion, seconded by Council Member Quiel, to continue the variance until the first meeting in August, August 4, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California, and to direct the City Engineering staff to initiate street vacation procedures for the 15 foot public right of way, and to coordinate with applicant in preparing the proper easement documents granting vehicular access rights to properties affected by the street vaca- tion, the document to include the provisions that main- tenance of the easement will be the responsibility of present and future owners of subject property. The prop- erty owner is responsible for providing security and weed abatement. Approval is given to release the stop order on the two buildings that are in compliance with the terms and conditions of development, and for it to remain on the one building that is encroaching into the setback. The motion carred by the following vote: Ayes: Coun- cil Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Coun- cil Member Marks. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. CITY ATTORNEY PRINCE EXCUSED City Attorney Prince left the Council Meeting. ASSISTANT CITY ATTORNEY SABOURIN ARRIVED Assistant City Attorney Sabourin arrived at the Council Meeting. APPEAL - PLANNING COMMISSION'S CONDITION OF APPROVAL -PARCEL MAP NO. 9902 - MODIFICATION OF CONDITION #2 - IMPROVEMENT OF INDUSTRIAL PARKWAY - SOUTHERN SIDE OF INTERSTATE 215 AND CABLE CREEK - APPROXIMATELY 2,510 FEET SOUTH- EASTERLY OF THE CENTERLINE OF PALM AVENUE This is the time and place set to hear an appeal filed by Carl Waelder, representing applicant Huntley properties and owner San Bernardino Associates, on the Planning Commission's Condition of Approval for Parcel Map No. 9902 (Modification to Condition #2 -Improvement of Industrial Parkway) on property located on the southern side of Interstate 215 and Cable Creek and located approx- imately 2,510 feet southeasterly of the centerline of Palm Avenue. (46) 16 6/2/86 In a letter dated May 14, 1986, Carl Waelder, Waelder Realty Company, Inc., 505 North Arrowhead Avenue, Suite 509, San Bernardino, CA, representing Huntley properties, stated he was appealing Condition #2 which calls for the total improvement of Industrial Parkway - 64 feet in width. Mayor Wilcox opened the hearing. Carl Waelder, representing the appl icant, s ta ted the appellant would like to have an amendment to the Condi- tions imposed by the Planning Commission to the effect that upon the building permit being issued, the street in front of the proposed building would be improved 32 feet in width. He stated he had talked to about 7% of the adjoining property owners who are in favor of forming an assessment district. He stated the appellant would like to continue with the development of the property in the interim period and are asking that the conditions be amended to make the standards as required by the Engineer- ing Department the improvement of 32 feet in width in front of each development as it is developed, and in the meantime, to form the asssessment district. Planning Director Schuma read Condition No.2. Council Member Quiel made a motion, seconded by Council Member Strickler, to modify the conditions of the Planning Commission to not require the bonding, nor the creation of an assessment district, but to require im- provements in front of parcels as they are developed in this area. The owner of these 40 acres shall proceed with the implementation of the assessment district to cover the installation of the roadway and infrastructure; and that the assessment district be commenced within one year of the approval of this application; and that the hearing be closed. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Strickler. Noes: Council Member Hernandez. Absent: Council Member Frazier. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. PUBLIC HEARING - ADOPTION OF REDEVELOPMENT PLAN AND DRAFT EIR AND ADOPTION OF RESOLUTIONS FOR UPTOWN PROJECT AREA This is the time and place set for a hearing to con- sider the adoption of the Redevelopment Plan and Draft EIR and the adoption of resolutions for the Uptown project Area. (52) The Mayor called the Joint Public Hearing to Order. The purpose of the public hearing is to consider and adopt the Redevelopment plan for the Uptown Redevelopment project and the Environmental Impact Report. Glenda Saul, Executive Director of the Redevelopment Agency, outlined the scope and purpose of the Redevelop- ment Plan and introduced other staff members who will present information. Glenda Saul, Executive Director of the Redevelopment Agency, requested Special Agency Counsel Tim Sabo to outline the provisions of the Community-Redevelopment Laws as they apply to the adoption of the Redevelopment Plan. 17 6/2/86 The following documents are included in the Uptown Redevelopment Project Public Hearing Document Finder, 1986 and were under consideration during the Joint Public Hearing: 1. The Redevelopment Plan 2. The Report to the Council on the Redevelopment Plan which includes among other information: a. Report and Recommendation of the Planning Commission b. Summary of meetings and information presented to residents and community organizations, in- cluding the Citizens' Advisory Committee c. The EIR on the Redevelopment Plan d. The Report of the County Fiscal Officer e. The Report of the Fiscal Review Committee 3. The Environmental Impact Report 4. Comments received from responsible agencies Tim Sabo, Special Agency Counsel, stated that the financing provisions of the Plan will enable the Agency to utilize tax increment revenues generated by the proposed Uptown project Area. As mandated by Community Redevelop- ment Law, a limit of $20 million of outstanding tax allo- cation bonds at anyone time has been designated. Tim Sabo, Special Agency Counsel, reported that a meeting has been held with each of the affected taxing agencies within the Uptown Project Area. Tentative agree- ments have been negotiated with each taxing agency except San Bernardino Municipal Water District. Final agreements will be submitted within the next several weeks for Council/Commission approval. Tim Sabo, Special Agency Counsel, stated that due to the unavailability of large amounts of vacant, developable land, massive amounts of tax increment are not projected for the Uptown project Area. Projects which can be accomplished with tax increment revenues will necessarily be limited. Tim Sabo, Special Agency Counsel, provided a review of relevant provisions of the Community-Redevelopment Law and Agency actions concerning the Redevelopment Plan. Mr. Sabo also spoke regarding the financial program for the Uptown Redevelopment project Area and summarized the ordi- nances and resolutions that were on the agenda for adoption. Ron Running, Senior Planner, Planning Department, explained the general boundaries of the Uptown Redevelop- ment Project Area, gave a chronology of the events leading up to the formation of the Uptown Project Area and stated that well over 80% of the structures in the project Area are below standard conditions. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. Ron Running, Senior Planner, Planning Department, read the following Goals and Objectives listed in the Draft Redevelopment Plan: A. INTENT AND DEFINITIONS The goals and objectives adopted by the Citizen Advisory Committee and the Community Development Commission are intended to guide the Agency in 18 6/2/86 r decisions regarding the current and future imple- mentation of the Plan. A goal is a general state- ment of a desired end result or ultimate accomplish~ ment toward which action is directed. An objective is defined as more specific statement focusing on one or more issues. B. GENERAL GOALS FOR THE UPTOWN REDEVELOPMENT PROJECT 1. To enhance the quality of life in the uptown Redevelopment Project Area and promote the health, safety, comfort, enjoyment and general welfare of the community. 2. To develop and improve a sense of community iden- tity within the project Area. 3. To stimulate and provide new private investment opportunities by revitalizing those areas which are characterized by deterioration, blight, or functional obsolescence and to encourage continued investment in those areas where growth is planned. 4. To improve the visual image of San Bernardino, specifically, the Uptown Redevelopment project Area. 5. To improve employment opportunities, economic stability and productivity and to increase public revenues. 6. To develop a coordinated pattern of commercial, residential and public land uses with adequate public improvements including streets, utilities, streetscape, etc. 7. To develop standards for architectural and urban design principles which reflect a high level of concern for the urban environment and which promote a quality image. 8. To provide opportunities for commercial uses that will serve the needs of the residents. 9. To encourage circulation improvements for vehicular and pedestrian movement, parking and transit services. 10. To provide a wide-range of housing opportunities for various lifestyle and income levels. 11. To provide opportunity for citizen input that protests the rights of the individual residents and property owners. 12. Community Redevelopment Law explicitly details the authority of the Agency and the documents it prepares. The Plan and Report on the plan shall conform to State law, recognize all constraints, utilize appropriate opportunities to achieve a successful project, and concisely and clearly portray the Uptown Redevelopment project to the community. 13. To promote and encourage business growth and development within the Uptown Redevelopment Project. 19 6/2/86 C. OBJECTIVES FOR THE UPTOWN REDEVELOPMENT PROJECT 1. Provide guidance for future rehabilitation and construction of development and to provide for consistency and compatibility within the uptown Redevelopment Project. 2. New development should be encouraged to relate to the positive aspects of existing buildings within the project area. 3. Landscaped buffers/greenbelts and other appropri- ate mitigation measures shall be utilized to improve area identity and enhance the urban experience. 4. Maintain a balanced and effective mix of land uses within the Uptown Redevelopment project. 5. Ensure a variety of housing types that are con- sistent with both the established characteristics of surrounding neighborhoods, the physical capability of the land to support such develop- ments, and the infrastructure capacity to serve the development. 6. Ensure that the alternative land use plans developed for each subarea mitigate any environmental constraints. 7. Develop a comprehensive streetscape program that enhances the urban appearance for not only those people driving in the area but also for the pedestrians. 8. Maintain and enhance a balanced and efficient transportation network through the project Area. 9. Ensure a positive visual image by reinforcing existing assets and by expanding the potential of the project Area. 10. Maintain and create avenues for citizen input in the Uptown Redevelopment Project. 11. In addition to the existing incentives and fund- ing mechanisms provided by the Agency, other financial inducements should be explored to ensure the success of the Uptown Redevelopment Project. 12. Develop a variety of programs to enhance, support and promote the business opportunities within the Uptown Redevelopment Project. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. CONTINUE TO MEET UNTIL 6:00 P.M. At 5:00 p.m., Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to continue meeting until 6:00 p.m. at which time the Council will break for dinner and resume at 7:00 p.m., to continue the Council Agenda. Ron Running, Senior Planner, Planning Department, stated that the urban land uses would be controlled by the existing provisions of the General Plan so that in the 20 6/2/86 future if the General Plan needed to be amended the Rede~ velopment Plan would not have to be amended by the lengthy process required by State law. Ron Running, Senior Planner, Planning Department, gave a report on the structural conditions of residential, commercial and industrial buildings within the uptown Redevelopment project Area. Ron Running, Senior Planner, Planning Department, stated that the predominantly substandard condition of housing throughout the project Area is a major source of the aesthetic and economic blight. Approximately 166 (78%) of the 214 single-family residential structures in the Project area are currently in substandard condition. Residences within the Project Area, particularly in Subarea "B", are among some of the oldest in San Bernar- dino. Mr. Running stated there are approximately 381 com- mercial structures within the Project Area, the majority of which are located along the principal traffic corridors of Baseline Street, "E" Street and Highland Avenue in Subarea "A", and along Rialto Avenue in Subarea "B". The structures afford approximately 1,614,000 GSF of commer- cial and commercial retail use. Of the 381 buildings surveyed, 176 (46%) were determined to be in substandard condition. Moreover, of these 176 structures, 44% are either dilapidated or in need of major rehabilitation. There are approximately 37 acres of vacant land in the project area comprising 8.5% of the total area. Subarea "A" has 29.5 acres of vacant land, and Subarea "B" has 7.5 acres of vacant land. Mr. Larry Willson, Chairman of the Uptown project Area Committee, gave a summary of the meeting with the Citizens Advisory Committee for the Uptown Redevelopment Project and spoke in favor of the Plan. Mayor Wilcox invited public comment on the Uptown Redevelopment Plan. Mr. William R. Flores, a member of the Uptown Rede- velopment Project Area Committee, spoke in favor of the Plan, but not as presented. He explained that the Project Area Committee had certain recommendations that differ from the Planning staff recommendations. These differ- ences were in the following areas: 1. Signage 2. The setback distances 3. The landscape screening requirements Mr. Flores also requested the Council to give atten- tion to social conditions in the area and the Second and Baseline Street Freeway interchanges. It was explained that two sets of recommendations for the Plan were before the Council at this time. The docu- ment in the binder includes the recommendations of the Citizens Advisory Committee. The memorandum from the Planning Department to the Planning Commission (Cf. Special Assessment Conditions Section of binder) explains the recommendations of staff. 21 6/2/86 Ron Running, Senior Planner, Planning Department, stated that the recommendation from the Planning Commis~ sion and staff is for a landscape setback of 10 feet with an additional 3 foot high landscape buffer, except in the areas where there is zero lot line. COUNCIL MEMBER FRAZIER RETURNED At 5:40 p.m., Council Member Frazier returned tothe Council Meeting and took his place at the Council Table. Mr. Al Vivian, a member of the Uptown Project Area Committee, and owner of property in Subarea "B", stated that to expect the landowners to make improvements at once is too much of a burden. Mr. Gerry Butler asked questions regarding Third Street. Larry Willson, Chairman of the Uptown Project Area Committee, talked about the areas of disagreement between the Citizens Advisory Committee and the Planning staff concerning setbacks, signage and landscape screening. Eric Jacobson who owns vacant property in Subarea "B" asked questions regarding the effect of the Plan on vacant land. Ron Running, Senior Planner, Planning Department, answered that there are no specifics for vacant parcels. Zetah Nolan, 1051 W. Second Street, stated that she owns property in both areas and complained about traffic circulation, especially on the Second Street off-ramp. She also asked questions regarding the zoning in Subarea IIBl1. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. Ron Running, Senior Planner, Planning Department, answered questions regarding the environmental impact report and stated that there is multi-family residential recommended to take care of the existing 200 rental units in Subarea "B", but at this point no General Plan amend- ments will take place. Mr. Bill Hester, who owns a business on Highland Ave- nue, spoke regarding crime problems on Highland Avenue and requested that the rocks in front of the Long John Silvers Restaurant be removed. Mr. Clark Page who owns Alice's Boutique, 2095 North "E" Street, also spoke regarding crime problems. Sandy Trongale, part owner of Pete's Finishland, 1037 - 1064 North "E" Street, spoke regarding vandalism and crime problems, but stated that problems have decreased since the Police Center had opened on 11th Street. She also spoke regarding a bad experience with the More At- tractive Community Program. Council Member Quiel Council Member Strickler and the ?ublic testimony portion made a motion, seconded by unanimously carried, to close of the hearing. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. 22 6/2/86 CONTINUE UPTOWN REDEVELOPMENT HEARING ~ AFTER RECESS Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to con- tinue the other actions concerning the Uptown project Area until after the dinner recess. (See Page 23) COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. RES. 86-195 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING INTERIM CONDITIONS OF ELIGIBILITY FOR SPOUSES OF DECEASED CITY PERS RETIREES FOR CONTINUED COVERAGE UNDER CITY'S COMPREHENSIVE MEDICAL PLAN. (S-2) Council Member Marks, Fourth Ward, read the entire resolution. Counci 1 Member Quiel made a motion, seconded by Council Member Reilly, and unanimously carried that said resolution be adopted as amended by inserting a clause as the last sentence in Sections 2, 3, and 4, stating that failure to pay the monthly subscriber rate for a period of 30 days will automatically cancel such coverage. Resolution No. 86-195 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Mem- bers Estrada, Hernandez. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. RECESS MEETING At 6:23 p.m., Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting recess until 7:30 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. RECONVENE MEETING At 7:40 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 lowing being present: Mayor Wilcox; Council Reilly, Marks, Quiel, Frazier, Strickler; City Prince, City Clerk Clark, City Administrator Absent: Council Members Estrada, Hernandez. the fol- Members Attorney Matzer. UPTOWN REDEVELOPMENT PROJECT HEARING - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for a public hearing to consider the uptown Redevelopment Project. Frank Schuma, Planning Director, answered questions regarding the requirements in the Plan for signage. Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, to amend the plan to state that signage shall be in conformance with the existing provisions of City codes. The Mayor and Common Council discussed the land- scaping requirements for auto sale lots and parking lots. 23 6/2/86 Frank Schuma, Planning Director, answered questions regarding the type of screening that is required in the Plan. COUNCIL MEMBER ESTRADA ARRIVED At 8:07 p.m., Council Member Estrada arrived at the Council Meeting and took her place at the Council Table. Council Member Quiel made a motion, seconded by Council Member Reilly, that the requirement for vehicle sales lots will require landscaping within the setback area. The fence or wall treatment shall be at the option of the dealer, but no chain link fence will be permitted. The motion carried by the following vote: Ayes: Council Members Reilly, Quiel, Frazier, Strickler. Noes: Council Member Marks. Absent: Council Member Hernandez. Abstain: Council Member Estrada. Council Member Marks made a motion, seconded by Council Member Reilly, to approve the Planning staff's recommendation as it pertains to parking lots. The motion carried by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Hernandez. Abstain: Council Member Estrada. The City Administrator was requested to look at the City owned parking lots throughout San Bernardino to see if they conform to the requirements imposed in the Uptown Redevelopment project Area Plan. Frank Schuma, Planning Director, answered questions regarding setback requirements and explained how setback requirements would be applied to businesses that presently have a zero lot line. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, to approve the Planning staff's recommendation for a ten foot set- back. RES. 86-196 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, APPROVING THE REDEVELOP- MENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT AND THE REDEVELOPMENT PLAN REPORT; CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE UPTOWN REDEVELOPMENT PROJECT. The City Clerk 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. Council Member Strickler made a motion, seconded by Council Member Quiel that said resolution be adopted. Resolution No. 86-196 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Hernandez, Frazier. 24 6/2/86 RES. 86-197 ~ RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, CONSENTING TO PAYMENT BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR CERTAIN PUBLIC IMPROVEMENTS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND MAKING CERTAIN DETERMINATIONS CONCERNING SUCH IMPROVEMENTS INCLUDING MAKING FINDINGS WITH RESPECT TO LOW- AND MODERATE-INCOME HOUSING (UPTOWN REDEVELOP- MENT PROJECT) The City Clerk 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. Council Member Reilly made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 86-197 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Hernandez, Frazier. ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT. FIRST The City Clerk read the title of the ordinance. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the ordinance be waived and that said ordinance be laid over for final passage. COUNCIL MEMBER HERNANDEZ ARRIVED Council Member Hernandez arrived at the Council Meet- ing and took his place at the Council Table. APPEAL HEARING - PLANNING COMMISSION'S DECISION OF DENIAL - TENTATIVE TRACT 13172 AND CONDITIONAL USE PERMIT NO. 85-72 - NORTHWESTERLY OF THE CENTERLINE OF LITTLE LEAGUE DRIVE This is the time and place set to hear an appeal filed by C M Engineering Associates, Stephen L. pleasant, on the Planning Commission's decision of denial of Tenta- tive Tract 13172 and Conditional Use Permit No. 85-72 on property located on an irregularly shaped parcel of land consisting of approximately 76 acres and having a frontage of approximately 3,655 feet on the northeasterly side of Frontage Road and being located approximately 2,670 feet northwesterly of the centerline of Little League Drive. (47) Mayor Wilcox opened the hearing. Frank Schuma, Planning Director, presented the appeal and explained the issue of secondary access to the site. Steve Pleasant of C M Engineering Associates, appel- lant, explained that this appeal is based on denial by the Planning Commission. He explained some of the amenities of the project and answered questions of the Council re- garding lot sizes. 25 6/2/86 Mr. Ratan Rege, Campeau Corporation, Suite 113, 33391 MacArthur Blvd., Newport Beach, the engineer for the proj- ect, answered questions regarding the elevation plan. He stated that this project is not as dense as PRD and zoning standards allow. Planning Director Schuma answered questions regarding setbacks and open space, and stated that 18% of the total area is open space. Mrs. Helen Kopczynski, 8150 Cable Canyon Road, spoke in opposition to the project due to the need for secondary means of access and opposed City policy allowing the Fire Chief to waive secondary access. Planning Director Schuma answered questions regarding traffic. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, to continue the appeal hearing to July 7, 1986, in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, California, to give the developer an opportunity to reas- sess the project and to respond to those questions asked a t the hea ring and the concerns of the Counc i 1 reg ard ing (1) the size of the lots, (2) the density of the project, and (3) the size of the units. CHANGE OF ZONE NO. 86-8 - CHANGE LAND USE ZONING DISTRICT FROM R-1-7200 SINGLE-FAMILY RESIDENTIAL TO R-3-1200, MULTI-FAMILY RESIDENTIAL - SOUTHEAST CORNER OF 18TH STREET AND GENEVIEVE WAY - THOMAS R. DUGAN In a memorandum dated May 23, 1986, Planning Director Schuma stated that the request for Change of Zone No. 86-8, by applicant/owner Thomas R. Dugan, 3596 "D" Street, San Bernardino, to change the land use zoning district from R-1-7200, Single-Family Residential to R-3-1200, Multi-Family Residential for a rectangularly-shaped parcel of land consisting of approximately .17 acres located at the southeast corner of 18th Street and Genevieve Way was recommended for denial by the Planning Commission. (48) Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, to approve the findings and the recommendation of the Planning Com- mission for denial of the change of zone. CHANGE OF ZONE NO. 86-9 - CHANGE LAND USE ZONING DISTRICT FROM R-1-7200, SINGLE-FAMILY RESIDENTIAL TO R-3-1200, MULTIPLE FAMILY RESIDENTIAL - EASTERLY SIDE OF SEPULVEDA AVENUE BETWEEN 25TH AND 27TH STREETS - CRAIG & DEBORAH SWALLA In a memorandum dated May 23, 1986, Planning Director Schuma stated that the request for Change of Zone No. 86-9, by applicant/owner Craig E. & Deborah Swalla, 3780 Camellia Dr., San Bernardino, CA, to change the land use from R-1-7200, Single-Family Residential to R-3-1200, Multiple-Family Residential for property consisting of .30 acre located on the easterly side of Sepulveda Avenue between 25th and 27th Streets within the northerly central portion of the City was recommended for denial by the Planning Commission. (49) A letter dated May 30, 1986, from Craig & Debbie Swalla, 3780 Camellia Drive, San Bernardino, CA was dis- tributed to the Mayor and Council, in which they presented their reasons for pursuing the requested change of zone. Their intention is to build a couple of one bedroom units with on-site parking. 26 6/2/86 Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, to approve the findings and the recommendation of the Planning Com- mission for denial of the change of zone CHANGE OF ZONE NO. 86-13 - CHANGE LAND USE ZONING DISTRICT FROM C-M, COMMERCIAL MANUFACTURING TO R-1-7200, SINGLE-FAMILY RESIDENTIAL AND C-3A, LIMITED GENERAL COMMERCIAL - NORTHWESTERLY CORNER OF JUNE STREET AND CAJON BOULEVARD - JMC DEVELOPMENT In a memorandum dated May 23, 1986, Planning Director Schuma stated that the request for Change of Zone No. 86-13, to change the land use zoning district from C-M, Commercial Manufacturing to R-1-7200, Single-Family Resi- dential and C-3A, Limited General Commercial by applicant JMC Development,5316 E. Chapman #201, Orange, CA 92669 and owner George Shiroma, et aI, 5316 E. Chapman #201, Orange, CA 92669, on an irregularly-shaped parcel of land consis- ting of approximately 3.9 acres located at the north- westerly corner of June Street and Cajon Boulevard, was recommended for approval by the Planning Commission. (50) Council Member Hernandez 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; and to approve the findings and the recom- mendation of the Planning Commission and to direct the City Attorney to prepare the necessary amendments to the Zoning Ordinance. CHANGE OF ZONE NO. 86-14 - CHANGE LAND USE ZONING DISTRICT FROM PRD-6 UNITS/ACRE, PLANNED RESIDENTIAL DEVELOPMENT TO R-1-7200, SINGLE-FAMILY RESIDENTIAL - NORTH SIDE OF CITRUS STREET EXTENDING NORTHERLY TO PIEDMONT DRIVE AND APPROXIMATELY 620 FEET EAST OF THE CENTERLINE OF VICTORIA AVENUE - HILL-WILLIAMS DEV. CO. In a memorandum dated May 23, 1986, Planning Director Schuma stated that the request for Change of Zone No. 86-14 by applicant Hill-Williams Dev., Co., 5500 E. Santa Ana Canyon, Anaheim, Ca 92807, and owner Lee-Jay Dev., Co., 16311 Ventura Blvd., #995, Encino, CA 91436, on an irregularly-shaped parcel of land consisting of approxi- mately 13 acres having a frontage of approximately 882 feet on the north side of Citrus Street extending norther- ly to piedmont Drive and being located approximately 620 feet east of the centerline of Victoria Avenue was recom- mended for approval by the Planning Commssion. (51) 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 Dec- laration for environmental review which has been reviewed and considered; to approve the findings and the recommen- dation of the Planning Commission and to direct the City Attorney to prepare the necessary amendments to the Zoning Ordinance. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST ADDING SECTIONS 10.24.210 AND 10.24.220 TO CHAPTER 10.24 OF THE SAN BERNARDINO MUNICI- PAL CODE TO PERMIT POLICE OFFICERS TO REGU- LATE THE CRUISING OF VEHICLES IN CONGESTED AREAS SUBJECT TO APPROPRIATE NOTICES AND SIGNS AND TO DIVERT VEHICLES WHEN THERE IS LITTLE TRAFFIC FLOW AND VEHICLES ARE NOT MOVING PROMPTLY AT OPPORTUNE TIMES; AND DECLARING THE URGENCY THEREOF. (43) 27 6/2/86 The City Clerk read the title of the ordinance. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the ordinance be waived. Police Chief Don Burnett gave the boundaries of the area and explained why he recommended the ordinance. He stated there has been trash and debris, malicious mis- chief and vandalism as a result of cruising along Mt. Vernon Avenue. He added that 60% of the cruisers do not live in the City of San Bernardino, and that on Friday, Saturday and Sunday, six to eight officers which are regu- lar on-duty officers have to dedicate their time to Mt. Vernon because of the cruising problem. The Chief ex- plained why the diversion program that was used on "E" Street will not work along Mt. Vernon Avenue. He also explained that the Police Department would establish con- trol points where officers would act as spotters. The first time a cruiser violated the ordinance the Police Department would issue a warning and notify the vehicle occupants of the ordinance. He explained how discretion would be used in applying the law. The Chief of Police answered questions as to how citations would be handled under different scenarios and gave examples of how other cities and jurisdictions have dealt with this situation. Phil Arvizo, Executive Assistant to the Council, listed other cities that use a similar type of ordinance. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the cruising ordinance be continued to the next regularly scheduled meeting of the Council, June 16, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to request further information and input from the Police Chief and staff, including suggested implementation procedures and a survey of the problems experienced in other cities wherein like ordinances are in effect, and that the Chief of Police be directed to bring back information at the next meeting on the cost of en- forcing the ordinance - for example, the cost of providing signs. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. TRANSPORTATION COMMITTEE REPORT - MAY Council Member Marks, Chairman of the Committee, presented the report of the Committee meeting held on May 21, 1986. items were discussed: 21, 1986 Transportation Transportation The following (12 ) 1. Transit Mall - Court Street from "E" Street to Arrowhead Avenue - The Committee reviewed three development scenarios; namely: (1) Combined parking structure/- transit terminal complex; (2) Separated transit terminal, and (3) Parking struc- ture only. All possible location alterna- tives were examined under each scenario and only viable alternatives have been selected for further analysis. 28 6/2/86 The Committee rejected the ideas of utilizing either Court Street, between "E" and Arrowhead, or "F" Street, between 4th and 5th Street, for a "Long Beach style" transit mall, due to significant technical problems addressed by staff. City Administrator and City staff were directed to complete a detailed analysis by July 2, 1986, utilizing the attached evaluation matrix. The detailed analysis utilizing the attached format should be prepared in such a manner as to stand the test of rigorous inquiry by the City Council and the public at large. A finan- cial plan (s) and preliminary implementa- tion timetable should also be included in the matrix analysis. The Committee also directed Council Executive Assistant Arvizo to send a let- ter to County Supervisor Hammock inquiring as to the status of County Complex parking plans and parking agreements in existence or contemplated with the City. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the report of the Transportation Committee meeting held May 21, 1986, be received and filed. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. LEGISLATIVE REVIEW COMMITTEE MEETING REPORT - MAY 22, 1986 Council Member Strickler, Chairman of the Legislative Review Committee, presented the report of the Legislative Review Committee meeting held on May 22, 1986. The fol- lowing items were discussed: (13) 1. R-3 Multi-Family Ordinance - Commit- tee recommended approval with the follow- ing changes to the resolution: a. A story is defined as habitable living space. An additional story of liv- ing space may be built in the interior of a complex as long as the overall height does not exceed 35 feet. A parking structure built within the complex 40% below abutting grade shall not be considered habitable living space. b. closed proved Carports must be structurally or screened on three sides as by the Design Review Committee. en- ap- 2. Immobilizing Vehicles - Habitual Park- ing Offenders - Committee recommended ap- proval1lnd asked for Municipal Code to be changed and purchase of boots go forward upon Council approval. 29 6/2/86 3. Level Paths of Travel Across Drive~ ways - Item continued. City -Attorney and City Engineer to research, review, analyze and report back to Committee by June 5, 1986. 4. Driveway Fill-Ins MC Chapter 12.92 On a 2-1 vote (Councilman Strickler voting no), the Committee recom- mended the City declare and define drive- ways as a public nuisance, to repair and place cost on owners' taxes. The Mayor and Council discussed methods of abatement of abandoned driveways. 5. Plan Check Services Proposals -Commit- tee recommended approval. 6. Ordinance Amending MC Section 5.04.295 Providing that persons under eTghteenshaTfI10tbe permittedTn areas with coin-operated game machines from 7:00 a.m., to 3:00 a.m., on school days and wi thin 500 feet of school Committee recommended-r-tem~-tabled. -City Attorney to recommend to School District that tru- ancy system can be applied. Council Member Strickler explained this matter. 7. Planning letter of authorization -Dec- laration in lieu of Notarization -Committee recommended approval. 8. Sewer capacity rights - Committee recommendedpresentatTon-be-given in Ex- ecutive Session at Budget Hearing on May 27, 1986. 9. Building & Safety demolition process -Committee accepted oral report and requested staff to develop guidelines and system so that scheduled demolitions occur properly and in a timely manner and not be returned for one appeal after another. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the report of the Legislative Review Committee meeting held May 22, 1986, be received and filed. WAYS AND MEANS COMMITTEE REPORT - MAY 27, 1986 Council Member Marks, Chairman of the Ways and Means Committee, gave the report of the meeting of the Ways and Means Committee meeting held on May 27, 1986. The fol- lowing items were discussed: (14) 1. Enterprise Zone - Item continued. Briefings presented by RDA and Councilman Frazier. 2. Comprehensive Code Enforcement - Item continued. Deputy City Administrator asked to provide total analysis and recommendations to include the previous Comprehensive Code Enforcement Plan for Committee and Council consideration. 30 6/2/86 3. Abatement ~ Use of Fire Inspec~ tors - Flre-chTef asked to provide pres- ent-services while City-wide abatement program is under study. 4. "Blue Crew" Status - Item con- tinued. Deputy City AdmInlstrator pre- sented a report on the status. He was asked to work out the details and bring back to committee. All parties are to be present at that meeting. 5. Mechanism for Tax Collection Verification/Audit - Item continued. City Administrator, Finance Director, and City Treasurer asked to develop an RFP for tax auditing services for committee and Council review. 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 May 27, 1986, be received and filed. REVIEW OF CITY HALL OFFICE SPACE STUDY - CITY ADMINISTRATOR'S OFFICE In a memorandum dated May 22, 1986, City Administra- tor Matzer presented the City Hall Office Space Study prepared by the City Administrator's Office, dated May 22, 1986. (15) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to re- ceive the report submitted by the City Administrator, and refer it to the Legislative Review Committee for consider- ation of the recommendations set forth. REQUEST TO PURCHASE 240 SEWER CAPACITY RIGHTS - VANDENBERGHE DEVELOPMENT In a memorandum dated May 23, 1986, Deputy City Ad- ministrator Schweitzer explained the original request of Vandenberghe Development for 500 sewer capacity rights. This request was subsequently changed to 240, but the developer agreed to take whatever sewer capacity rights that are available. (16) Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the request of Vandenberghe development to purchase 240 sewer capacity rights be referred to the Legislative Review Committee. COUNCIL MEMBERS ESTRADA, STRICKLER EXCUSED Council Members Estrada and Strickler left the Council Meeting. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the resolu- tions on the Council Agenda. Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that further reading of all the resolutions on the Council Agenda be waived. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. 31 6/2/86 RES. 86~198 ~ RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SUBMISSION OF A GRANT APPLICATION TO THE FOUNDATION FOR COMMUNITY SERVICE CABLE TELEVISION (FCSCT) IN SUPPORT OF PUBLIC SERVICE COMMUNICATION. (19) Council Member Marks made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 86-198 was adopted by the following vote: Ayes: Counci 1 Member s Estrada, Rei lly, Hernandez, Marks, Quiel. Noes: None. Absent: Council Members Frazier, Strickler. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. RES. 86-199 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO ENDORSING PROPOSITION 51, THE "DEEP POCKET INITIATIVE", ON THE BALLOT FOR THE PRIMARY ELECTION OF JUNE 3, 1986, AND URG- ING THE ELECTORATE TO VOTE FOR ITS ENACTMENT. (18) Counci 1 Member Marks made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 86-199 was vote: Ayes: Council Members Quiel, Strickler. Noes: None. Hernandez, Frazier. adopted by the following Estrada, Reilly, Marks, Absent: Council Members COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. RES. 86-200 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO CITY WIDE UNITY COMMITTEE RELATING TO CO-SPONSORING A UNITY CONCERT ON JUNE 7, 1986. (20) City Attorney Prince answered questions on the lia- bility position in co-sponsoring this event. Council Member Hernandez made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 86-200 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. RES. 86-201 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WILLDAN ASSOCIATES AND AN AGREEMENT WITH BSI CONSULTANTS, INC., FOR PLAN CHECK SERVICES. (21) The Mayor and Council discussed provisions in the resolution which state that the contractor, Willdan Asso- ciates, will not be able to contract with a private devel- oper whose plans are being checked. 32 6/2/86 council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted with the provision that the conflict of interest clause in the Willdan Agreement is to be extended to the BSI Consultants, Inc., Agreement. The BSI Agreement is amended to include the wording in the Willdan agreement. Resolution No. 86-201, as amended, was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. RES. 86-202 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING APPLICATION FOR AND ACCEPTANCE OF A FEDERAL GRANT FROM "ACTION" IN THE AMOUNT OF $33,798 FOR THE RETIRED SENIOR VOLUNTEER PROGRAM FOR THE PERIOD OCTOBER 1, 1986, THROUGH SEPTEMBER 30, 1987. (22) Council Member Marks made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 86-202 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. RES. 86-203 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PARKS, RECREA- TION AND COMMUNITY SERVICES DEPARTMENT TO SERVE AS A WORKSITE FOR THE SENIOR EMPLOY- MENT PROGRAM OF THE SAN BERNARDINO COUNTY OFFICE ON AGING, AND AUTHORIZING THE DIREC- TOR OF SAID DEPARTMENT TO EXECUTE A STAN- DARD WORKSITE LETTER OF AGREEMENT. (23) Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. vote: Marks, Member Resolution No. 86-203 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Council Frazier. RES. 86-204 - A RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO RAYMOND K. SAAR, A WIDOWER, OVER CITY OWNED PROPERTY LOCATED NORTH OF GLENDEN- NING WAY, EAST OF VALENCIA AVENUE, AND DETERMINING THAT THE PROPERTY TO BE CON- VEYED HAS A VALUE OF LESS THAN $2,000.00. (24) Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-204 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. RES. 86-205 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF TWO ALLEYS LOCATED NORTH OF 13TH STREET BETWEEN "E" STREET AND ACACIA STREET, AND RESERVING PUBLIC UTILITY EASEMENTS UPON A PORTION THEREOF. (26) 33 6/2/86 Counci 1 Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. vote: Marks, Member Resolution No. 86-205 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Council Frazier. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the Director of Public Works/City Engineer and City Clerk be authorized to vacate those certain alleys located north of 13th Street, between "E" Street and Acacia Street, and that plan No. 7007 for the vacation of those certain al- leys located north of 13th Street, between "E" Street and Acacia Street above, be approved. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACA- TION OF CRESCENT STREET BETWEEN COLUMBIA STREET AND "G" STREET, AND RESERVING PUB- LIC UTILITY EASEMENTS UPON A PORTION THEREOF. (25) The Mayor and Council questioned whether this is the entire Crescent Street between Columbia Street and "G" Street. Counc i 1 Membe r Qu i e 1 made a mot i on, seconded by Council Member Hernandez and unanimously carried, that said resolution be continued to Monday, June 16, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, for input from the City Engi- neer. (Reconsidered June 9, 1986) COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. RES. 86-206 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MENTONE TURF AND SUPPLY FOR MAINTENANCE OF LAND- SCAPING IN PORTIONS OF AIRPORT DRIVE. (27) Council Member Quiel made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 86-206 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Hernandez, Frazier. RES. 86-207 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MENTONE TURF AND SUPPLY FOR MAINTENANCE OF LAND- SCAPING IN PORTIONS OF KENDALL DRIVE (STATE ROUTE 206). (29) Council Member Quiel made a motion, seconded by Council Member Marks, that said resolution be adopted. 34 6/2/86 Resolution No. 86-207 was vote: Ayes: Council Members Quiel, Strickler. Noes: None. Hernandez, Frazier. adopted by the following Estrada, Reilly, Marks, Absent: Council Members RES. 86-208 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO J & R LANDSCAPING FOR MAINTENANCE OF LANDSCAPING IN PORTIONS OF UNIVERSITY PARKWAY, COLLEGE AVENUE, 48TH STREET, KENDALL DRIVE (STATE ROUTE 206), NORTHPARK BOULEVARD AND LITTLE MOUNTAIN DRIVE. (30) Council Member Quiel made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 86-208 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Hernandez, Frazier. RES. 86-209 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO MENTONE TURF AND SUPPLY FOR MAINTENANCE OF LAND- SCAPING IN PORTIONS OF 16TH STREET, BETWEEN MUSCOTT STREET AND CALIFORNIA STREET. (31) Council Member Quiel made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 86-209 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Hernandez, Frazier. RES. 86-210 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO J & R LANDSCAPE CO., INC. FOR MAINTENANCE OF LANDSCAPING IN PORTIONS OF VANDERBILT WAY, HOSPITALITY LANE, CARNEGIE DRIVE, BRIER DRIVE, HARRIMAN PLACE, WATERMAN AVENUE, TIPPECANOE AVENUE, AND ALONG GAGE CANAL AND INTERSTATE HIGHWAY 10. (32) Council Member Quiel made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 86-210 was vote: Ayes: Council Members Quiel, Strickler. Noes: None. Hernandez, Frazier. adopted by the following Estrada, Reilly, Marks, Absent: Council Members COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. LANDSCAPE MAINTENANCE DISTRICTS - CONTRACT COSTS The Mayor and Council discussed the costs of provid- ing landscape services for assessment district. Landscape contracts are paid by the City annually in a lump sum. The services are spread throughout the year. There is an opportunity cost to the City in that if the money were invested and paid out only as services were rendered, the City would have received interest on deposited funds. Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that the billing for the landscape maintenance district contracts approved at this meeting be set up to cover the cost of 35 6/2/86 the contract as well as the City's average interest yield on those contract costs had those funds been invested over the year. Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that the billing for all future landscape maintenance district contracts be set up to cover the cost of the contract as well as the City's average interest yield on those con- tract costs had those funds been invested over the year. RES. 86-211 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO J & R LANDSCAPE MAINTENANCE COMPANY FOR MAINTEN- ANCE OF LANDSCAPING IN PARKING LOTS FOR CENTRAL CITY MALL, INSIDE CENTRAL CITY MALL, CENTRAL CITY PARKING DISTRICTS LOT NOS. 1, 2 & 3, AREAS ADJACENT TO CITY HALL, CENTRAL CITY WEST, ANIMAL SHELTER, "E" STREET MEDIAN, SECOND STREET MEDIAN, "E" STREET BEAUTIFICATION, CENTRAL LIBRARY, THIRD-FOURTH STREET MEDIAN, AND POLICE DEPARTMENT. (28) Council Member Quiel made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 86-211 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. RES. 86-212 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING ASSESSMENT ROLL NO. 968 FOR THE MAINTENANCE OF LANDSCAPING AND LIGHTING IN THE MEDIAN STRIP OF AIRPORT DRIVE BETWEEN COMMERCENTER EAST AND COMMER- CENTER WEST, IN THE CITY OF SAN BERNARDINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO. 968. (33) Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 86-212 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Reilly, Frazier. RES. 86-213 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING ASSESSMENT ROLL NO. 970 FOR THE MAINTENANCE OF FUTURE LAND- SCAPING IN PORTIONS OF THE FRONTAGE ROAD, NORTHWESTERLY OF LITTLE LEAGUE DRIVE AND THOSE CERTAIN PROPOSED OPEN SPACE AREAS LYING WITHIN TENTATIVE TRACTS NO. 12756 AND 13172, IN THE CITY OF SAN BERNARDINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO. 970. (34) Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 86-213 was vote: Ayes: Counci 1 Members Quiel, Strickler. Noes: None. Reilly, Frazier. adopted Estrada, Absent: by the following Hernandez, Marks, Council Members 36 6/2/86 RES. 86~214 ~ A RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY, A COR- PORATION, OVER CITY-OWNED PROPERTY LOCATED ON THE WEST SIDE OF WATERMAN, SOUTH OF MARSHALL BOULEVARD. (36) Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 86-214 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Reilly, Frazier. RES. 86-215 - A RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY, A COR- PORATION, OVER CITY-OWNED PROPERTY LOCATED AT 428 SOUTH "D" STREET. (38) Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 86-215 was adopted b the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Reilly, Frazier. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. RES. 86-216 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE ATCH I SON, TOPEKA AND SANTA FE RAILWAY COMPANY RELATING TO THE IMPROVEMENT OF GRADE CROSSING 2U-4.2 - TIP- PECANOE AVENUE. (35) City Administrator Matzer answered questions regard- ing the cost and stated that this project was within the recommended budget. Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-216 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. RES. 86-217 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE INSTALLATION OF AUTOMATIC GATES AND WIDENING OF GRADE CROSSING NO. 2U-4.2 ON TIPPECANOE AVENUE. (35a) Council Member Reilly made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 86-217 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. 37 6/2/86 RES. 86~218 ~ A RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO ST. BERNARDINE'S HOSPITAL, A CORPORATION, OVER CITY-OWNED PROPERTY LOCATED AT THE SOUTH- WEST CORNER OF HIGHLAND AND VALENCIA AVENUE FOR A TRAFFIC DIRECTIONAL SIGN AND ELECTRI- CAL CONDUIT. (37) Council Member Strickler made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-218 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Str ickIer. Noes: None. Absen t: Counc i 1 Member Frazier. Abstain: Council Member Quiel. READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of all the ordi- nances on the Council Agenda. Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of all the ordinances on the Council agenda be waived. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN BERNARDINO MUNICIPAL CODE BY ADDING CHAPTER 2.49, AND AMENDING SEC- TION 2.17.010 TO CREATE THE SENIORS AFFAIRS COMMISSION. (First) (39) The Mayor and Common Council discussed the Senior Affairs Commission's relationship to the Council. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to refer said ordinance back to the City Attorney for amendments to clarify the relationship between the Commission and the Mayor and Council. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.68 OF THE SAN BERNAR- DINO MUNICIPAL CODE PERTAINING TO THE MOV- ING OF BUILDINGS IN THE CITY OF SAN BERNAR- DINO, AND REPEALING SECTION 19.68.050. (First) (40) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that said ordinance be referred back to the Legislative Review Committee. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SECTION 19.76.010 OF THE SAN BER- NARDINO MUNICIPAL CODE TO PERMIT VERIFICA- TION OF PETITIONS AND APPLICATIONS FOR PLANNING MATTERS BY DECLARATION UNDER PEN- ALTY OF PERJURY. (41) 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 REPEALING CHAPTER 19.80 OF THE SAN BERNAR- DINO MUNICIPAL CODE PERTAINING TO THE BOARD OF ARCHITECTURAL REVIEW. (42) Council Member Quiel made a Council Member Strickler, that said for final passage. motion, seconded by ordinance be laid over 38 6/2/86 I The motion carried by the following vote: Council Members Estrada, Reilly, Hernandez, Strickler. Noes: Council Member Marks. Absent: Member Frazier. Ayes: Quiel, Council GENERAL REPORTS AND CORRESPONDENCE Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the following items be filed: (44) a. Civil Service Eligibility Lists for: Summer Youth Specialist Coach Operator Kitchen Helper Dispatcher II Civil Engineering Assistant b. Report relative to Reserve Sewer Capacity Rights - Raymond D. Schweitzer, Deputy City Administrator. c. City's investment portfolio as of April 30, 1986 - Craig A. Graves, City Treasurer. d. Six alcoholic beverage applications for the following new and transferred licenses: NEW Georgette Papzian dba "E" Street Cafe TRANSFERRED Gam Luu & Guan Truong dba First Stop Market El Torito Restau- rants, Inc. dba Guadalaharry's Medardo Guerra dba Super Mercado y Carniceria Hao Quang Huynh, dba Save More Market Shin Aeh Kim & Yon Ha Kim dba Palace Liquor 1200 N. "E" Space 208 On Sale Beer & Wine 1160 W. 7th Street Off Sale Beer & Wine 280 Hospi tali ty Lane On Sale General 1184 W. 2nd Street Off Sale Beer & Wine 971 W. Rialto Avenue Off Sale Beer & Wine 536 S. Water- man Avenue Off Sale General PERSONNEL COMMITTEE REPORT - MAY 27, 1986 Council Member Reilly, Chairman of the Personnel Committee, gave the report of the Personnel Committee meeting held on May 27, 1986. The following items were discussed: (S-l) 1. Resident Bridge Engineer for Del Rosa - 9th Street to Baseline - The Commit- tee recommended approval. 2. Temporary/Part-Time Salary Schedule - The Committee recommended denial at this time. Personnel Director was directed to prepare a job description and proposed 39 6/2/86 resolution to develop a "student worker" class, and return to Committee. 3. Reclassification of positions in Business~icense Division - The Com~ttee recommerKIed- approval-ofposi tion changes as requested by the City Clerk. 4. Bereaved Spouses of Deceased City Retirees - The Committee recommended adop- tion<JiEresolution authorizing participa- tion of spouses of deceased City retirees in the City health plan for a period of three years. Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that the report of the Council Personnel Committee meeting held May 27, 1986, be received and filed. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.04.495 TO DEFINE THE WORD STORY AS IT PERTAINS TO STRUCTURES, AND CHAPTER 19.12 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO MULTIPLE FAMILY RESIDENTIAL DISTRICT. (First) (S-3) City Clerk Clark read the title of the ordinance. The Council discussed the title of the ordinance and changed it to read "ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING CHAPTER 19.12 OF THE SAN BERNARDINO MUNICI- PAL CODE PERTAINING TO MULTIPLE FAMILY RESIDENTIAL DIS- TRICT." Planning Director Schuma explained why this ordinance had to be referred to the Planning Commission for review. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that said ordinance be referred to the Planning Commission for re- view. HOMELESS - SANBAG In a memorandum dated June 2, 1986, Council Member Hernandez stated that according to the newsmedia, the San Bernardino area has received several grants to provide for the homeless, and expressed concern that the grant money may be used to purchase all of the sites for housing the homeless within the City of San Bernardino. He stated that the plight of the homeless is a regional problem and should be dealt with as such. Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, to direct the Mayor to bring the issue of the homeless to SANBAG, that an Ad Hoc committee of SAN BAG be formed to address this regional problem; and that our Mayor insist on goals and tlmetable that will address the problem as soon as possible. RECESS MEETING - CLOSED SESSION At 11:25 p.m., Council Member Marks 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 case to be 40 6/2/86 discussed is City of San Bernardino, et aI, vs. San Manuel Band of Mission Indians, et aI, Case No. U. W. District Court No. 85 6899 WJR (BX); and under the authority of Government Code Section 54957 to consider personnel matters. (17) CLOSED SESSION At 11:15 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Marks, Quiel, Strickler; City Attorney Prince, City Administrator Matzer. Absent: Council Members Hernandez, Frazier; City Clerk Clark. Also present: Richard Bennecke, Administrative As- sistant to the Mayor; Phil Arvizo, Executive Assistant to Council. CITY ADMINISTRATOR MATZER, ADMINISTRATIVE ASSISTANT TO THE MAYOR BENNECKE AND EXECUTIVE ASSISTANT TO COUNCIL ARVIZO EXCUSED At 11:30 p.m., City Administrator Matzer, Administra- tive Assistant to the Mayor Bennecke and Executive Assis- tant to Council Arvizo left the Closed Session. RECONVENE MEETING At 12:10 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 lowing being present: Mayor Wilcox; Council Estrada, Reilly, Marks, Quiel, Strickler; City prince, City Clerk Clark, City Administrator Absent: Council Members Hernandez, Frazier. the fol- Members Attorney Matzer. TRANSFER OF $7,500 FROM APPROPRIATED RESERVE TO CITY ATTORNEY'S LITIGATION ACCOUNT In a memorandum dated May 23, 1986, City Attorney Prince explained that Attorney Richard R. Terzian of Burke, Williams & Sorensen had requested that the City and County appropriate an additional $7,500 each for attor- ney's fees incurred in the Indian Bingo lawsuit. He fur- ther explained what services this amount will cover. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to authorize the transfer of $7,500 from appropriated reserve to City Attorney's Litigation Account. ADJOURN MEETING At 12:10 a.m., Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously car- ried, that the meeting be adjourned to Monday, June 9, 1986, at 1:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, for a budget study session. ..uwPJ?/~~ /' Ci ty Clerk 41 6/2/86