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HomeMy WebLinkAbout08-05-1985 Minutes City of San Bernardino, California . August 5, 1985 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:01 a.m., on Monday, August 5 , 1985, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. INVOCATION The Invocation was given by Council Member Frazier, Pastor, Abundant Life Fellowship Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Brownie Troop 607, whose leader is Sylvia Morton. . ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney prince, City Clerk Clark, City Administrator Matzer. Absent: None. SOCIAL SECURITY DAY - AUGUST 14, 1985 Lorraine Velarde, Administrative Assistant to the Mayor, read a proclamation of the Mayor proclaiming Au- gust 14, 1985, as Social Security Day in honor of the 50th Anniversary of the Social Security Act. Bert Paulsen, Assistant District Manager, Social Security Administration, San Bernardino, was present to accept the proclamation. . FRANKLIN D. ROOSEVELT BOWL - (PERRIS HILL BOWL) CONGRATULATIONS ON REPAIRS - LETTER FROM HARRY E. SANDAHL - PRESIDENT, JUNIOR UNIVERSITY Harry E. Sandahl, President of Junior University, read a letter addressed to Annie Ramos, Director, Parks, Recreation and Community Services, congratulating the staff on the remodeling of the Franklin D. Roosevelt Bowl (perris Hill Park Bowl) and expressed appreciation for the use of the bowl by the Junior University for its summer productions. John Kramer, Recreation Superintendent, was present to accept the letter on behalf of Annie Ramos, Director, Parks, Recreation and Community Services. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. APPROVE MINUTES - JULY 1, 1985 Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 1st of July, 1985. (1) . APPROVE MINUTES - JULY 22, 1985 Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 22nd of July, 1985. (4) . OUT OF STATE TRAVEL - CITY ADMINISTRATOR - INTERNATIONAL CITY MANAGEMENT ASSOCIATION - PHILADELPHIA, PENNSYLVANIA Pursuant to a memorandum dated July 12, 1985, from John Matzer, Jr., City Administrator, Council Member Marks made a motion, seconded by Council Member Quiel and unani- mously carried, that authorization be given the City Ad- ministrator to attend the International City Management Association Annual Conference to be held in Philadelphia, Pennsylvania, from October 28 through October 30, 1985. (5) OUT OF STATE TRAVEL - SUPERINTENDENT OF BUILDING & SAFETY - ICBO ANNUAL MEETING - BLOOMINGTON, MINNESOTA Pursuant to a memorandum dated July 18, 1985, from Jack Rosebraugh, Superintendent, Building & Safety, Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the request from the Superintendent of Building and Safety to attend the ICBO Annual Education and Code Development Conference to be held September 29 through October 4, 1985, in Bloom- ington, Minnesota, be approved. (6) . OUT OF STATE TRAVEL - SENIOR RECREATION SUPERVISOR - HERSHEY NATIONAL TRACK & FIELD CHAMPIONSHIPS - HERSHEY, PENNSYLVANIA In a memorandum dated July 30, 1985, Annie Ramos, Director, Parks, Recreation and Community Services, ex- plained that Sr. Recreation Supervisor Josh Carter had been invited to chaperone the California contingent to the Hershey's National Youth Track and Field Championships in Hershey, PA on August 15-19, 1985. All expenses for Mr. Carter will be borne by Hershey's. (7) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that Senior Recreation Supervisor Josh Carter be authorized out of state travel to Hershey, pennsylvania, to chaperone the California contingent to the Hershey National Track and Field Championships, August 15-19, 1985. . FORMAL NOTICE TO PERS - DISABILITY RETIREMENT - JOSEPH A. MARSCH, POLICE OFFICER Pursuant to a memorandum dated July 17, 1985, from Ronald W. SOlheim, Director, Emergency Services/Risk Man- agement, Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the Mayor and Common Council find Joseph A. Marsch to be in- capacitated for the performance of his duties as a police officer and that this finding be certified to the Public Employees Retirement System, as provided in Section 21025 of the Government Code, together with a request that Mr. Marsch be placed on Disability Retirement effective August 5, 1985. (8) NUNEZ PARK - APPROVAL AND ACCEPTANCE OF WORK - CONSTRUCTION OF STORM DRAIN - PARKING LOT IMPROVEMENTS - RIVERSIDE CONSTRUCTION In a memorandum dated July 15, 1985, Roger Hardgrave, Director of Public Works/City Engineer, stated that con- struction of the storm drain and parking lot improvements at Nunez Park, South, was satisfactorily completed on July 5, 1985. The actual final contract price was $36,719.40. (9 ) . Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the 2 8/5/85 . work performed by the contractor, in accordance with Spec- ification No. 6656, be approved and accepted; and that final payment be authorized at the expiration of the lien period. CLAIMS AND PAYROLL Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to approve demands against the City and authorize the issuance of warrants as follows: (10) 1. Approve the register of demands dated: July 9, 1985 July 16, 1985 84/85 84/85 #53 #54 $880,034.19 983,321.55 2. Approve the total gross payroll for the period June 10, 1985, through June 23, 1985, in the amount of $1,119.534.78. 3. Approve a supplement to the total gross payroll for the period June 10, 1985, through June 23, 1985, in the amount of $1,070.10. . 4. Approve the total gross payroll for the period June 24, 1985, through July 7, 1985, in the amount of $1,142,724.69. APPROVE MINUTES - JULY 15, 1985 - AS AMENDED Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to amend the minutes of the Mayor and Common Council of July 15, 1985, on page 14, the last paragraph, by changing the figure of "$32,000" to "$35,000" and the figure "$13,000" to $15,000 and on page 15, in the fourth paragraph, by making the same changes, and to approve the minutes as amended. (2) MAYOR AND COMMON COUNCIL MINUTES - JULY 18, 1985 - CONTINUED TO AFTERNOON SESSION A discussion was held concerning an page 3 of the minutes of the meeting Common Council held on July 18, 1985. interest rate on of the Mayor and (3) . Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of July 18, 1985, be continued until the afternoon session. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. PERSONNEL ACTIONS Mayor wilcox stated that the job title for Patricia Gonzales will be changed from "Public Affairs Officer" to "Special Assistant to the Mayor", with the job description being rewritten; and requested that the appointment of Greg Garcia as Program Coordinator be continued to the meeting of the Mayor and Common Council of August 19, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (11) . Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the Personnel Actions submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino be approved and ratified, with the exception of the amendments as outlined by Mayor Wilcox, 3 8/5/85 . specifically, the appointment of patricia Gonzales as Special Assistant to the Mayor with a new job description being prepared by the City Administrator for Council re- view, and the continuation of the appointment of Mr. Greg Garcia as Program Coordinator to August 19, 1985. APPOINTMENTS Mayor Patricia Gonzales - Special Assistant to the Mayor (M) (U) - Effective August 6, 1985 City Clerk Diane Copeland - Intermediate Typist Clerk - Effective July 22, 1985 Public Services/Street Maintenance Worker I - Effective August 6, 1985 Daniel Marquez Richard D. Robledo Paul D. Price . Parks, Recreation & Community Services Leonardo T. Calderon - Groundsman - Effective June 24, 1985 Public Works/Central Garage David F. Stevenson - Automotive Serviceman - Effective August 6, 1985 TEMPORARY APPOINTMENTS SBETA - Administration Vivian C. Gutierrez - Staff Analyst I (JTPA) Effective August 6, 1985 Parks, Recreation & Community Services Lifeguard/Part-Time - Effective July 15, 1985 Frank A. Black Norman A. Francis Lifeguard/Part-Time - Effective July 18, 1985 . Richard A. Johnson II - Walter M. Shaw Lifeguard/Part-Time - Effective July 19, 1985 Paul Duarte Blanca Yanez Matthew Dickey David Evanovich - Senior Lifeguard/Part-Time - Effective July 10, 1985 Hernando I. Saboqal - Senior Lifeguard/Part-Time - Effective July 18, 1985 PROVISIONAL APPOINTMENT Police Department Deanna McElhinney - Dispatcher I - Effective August 6, 1985 PROMOTION . Police Department Robert J. Gibson - Training Officer - From Police Officer to Training Officer - Effective August 6, 1985 4 8/5/85 PROMOTION/'rRANS~'ER Parks; Recreation & Community Services Gilbert M. De Leon - Park Maintenance Worker I ~ Heavy Laborer to Park Maintenance Worker I - Effective August 6, 1985 . Police Department Theodis Henson, Jr. - Training Officer - Police Officer to Training Officer - Effective August 6, 1985 LEAVE OF ABSENCE (REINSTATEMENT) Building & Safety Betty J. Brooks - Intermediate Typist Clerk - June 19, 1985 to July 9, 1985 - Effective July 10, 1985 HIGHER ACTING CLASSIFICATION Public Works/Traffic Mark Greenwood - Traffic Technician - Traffic Engineering Aide to Traffic Technician - Effective June 20, 1985 Tim Porter - Assistant Traffic Engineer - Traffic Technician to Assistant Traffic Engineer - Effective June 20, 1985 . RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A REQUIREMENT FOR PAYMENT OF FEES BY DEVELOPERS OF NEW RESIDENTIAL DE- VELOPMENT TO MITIGATE IMPACTS OF SUCH DE- VELOPMENT ON LOCAL SCHOOLS, AND PRESCRIBING A PROCEDURE FOR SUCH PAYMENT. (Continued from July 15, 1985) (12) This is the time and place continued to for consider- ation of the resolution concerning the payment of fees by developers of new residential development to mitigate impacts on local school. Mr. Frank Ayala, San Bernardino City Unified School District representative, indicated the matter of the school impaction fees had been pending since April, 1985, and hoped that action would be taken soon by the Council. . Council Member Quiel made a motion, seconded by Council Member StriCkler and unanimously carried, that said resolution be referred to the Legislative Review Committee for review and a report back on August 19, 1985. HEARING - EMINENT DOMAIN PROCEEDINGS - EXTENSION OF RIO VISTA PARK - 16TH AND CALIFORNIA STREETS This is the time and place set for a hearing to con- sider the extension of Rio Vista Park and Eminent Domain proceedings therefore on property located at 16th and California Streets. (13) In a memorandum dated July 19, 1985, City Attorney Prince explained past action on plans for the extension of Rio Vista Park and set forth actions that must be accom- plished in the Eminent Domain proceedings. Mayor Wilcox opened the hearing. Ruth Keith, 1380 West 10th Street, protested the appraised value of $15,450 for her property by the City, stating that she had gotten an appraisal in the amount of $27,400 for the property. . 5 8/5/85 . City Attorney Prince recommended that the Council deny the protest and proceed with the Eminent Domain pro- ceedings, as Ms. Keith's claim can be settled at a later time. He suggested that Ms. Keith discuss her claim with Assistant City Attorney Sabourin to work out a settle- ment. Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, to deny the protest and to close the hearing. (Reconsidered later in meeting. See page 8) RES. 85-288 - RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING FINDINGS AND DETERMINA- TIONS RELATING TO THE NECESSITY OF ACQUIR- ING CERTAIN DESCRIBED REAL PROPERTY OR IN- TEREST THEREIN FOR PARK PURPOSES IN THE CITY OF SAN BERNARDINO AND AUTHORIZING THE CITY ATTORNEY TO COMMENCE AND PROSECUTE EMINENT DOMAIN PROCEEDINGS. (Rio Vista Park) (13) The City Clerk read the title of the resolution. . Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said reso- lution be adopted. vote: Marks, None. Resolution No. 85-288 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: HEARING - EMINENT DOMAIN PROCEEDINGS - ELECTRICAL STREET LIGHTING - WILSON HOUSING PROJECT AREA This is the time and place set for a hearing to con- sider Eminent Domain proceedings regarding electrical street lighting in the Wilson Housing Project. This proj- ect is located in the area of Tenth Street, Concord Street, Temple Street and Alturas Street, west of Cabrera Avenue and Union Street and Maple Street west of Wilson Street. (14) . In a memorandum dated July 19, 1985, City Attorney Prince explained that the purpose of the proposed project is to upgrade street lighting in the Wilson Housing proj- ect area to meet the same standards as other street light- ing in the City. Mayor Wilcox opened the hearing. Council Member Estrada made a motion, seconded by Council Member Strickler and unanimously carried, that the hearing be closed. . RES. 85-289 - RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING FINDINGS AND DETERMINA- TIONS RELATING TO THE NECESSITY OF ACQUIR- ING WOODEN POLES, ARMS, BRACKETS, LUMIN- AIRES AND PHOTO-ELECTRIC CONTROLLERS FOR OPERATION AND MAINTENANCE BY THE CITY OF SAN BERNARDINO OF A STREET LIGHTING SYSTEM IN THE AREA OF TENTH STREET, CONCORD STREET, TEMPLE STREET AND ALTURAS STREET, WEST OF CABRERA AVENUE AND UNION STREET AND MAPLE STREET WEST OF WILSON STREET, AND AUTHORIZING THE CITY ATTORNEY TO COMMENCE AND PROSECUTE EMINENT DOMAIN PROCEEDINGS. (14) 6 8/5/85 The City Clerk read the title of the resolution. . Council Member Estrada made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived. Council Member Estrada made a motion, seconded by Council Member Strickler, that said resolution be adopted. vote: Marks, None. Resolution No. 85-289 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. . APPEAL HEARING - PLANNING COMMISSION'S CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 85-30 - WALNUT STREET - WEST OF ARTESIA ST. - DAVID LEWIS - CONTINUED FROM JULY 15, 1985 This is the time and place continued to for consider- ation of an appeal filed by David R. Lewis, on behalf of owners William and Carol Clarke, dba Tri City Towing, on the Planning Commission's conditions of approval of Condi- tional Use Permit No. 85-30, to permit an automobile tow- ing impound yard, auto repair and incidental ornamental iron fabrication business. The location of the proposed business is on the south side of Walnut Street, west of Artesia Street, also described as 1661 Walnut Avenue. (15) Planning Director Schuma answered questions. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal hearing on the Planning Commission's conditions of approval of Conditional Use Permit No. 85-30 be continued to this afternoon. (See Page 22) COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. . APPEAL HEARING - PLANNING COMMISSION'S DECISION - VARIANCE NO. 85-3 - WAIVE CODE SECTION 18.40.130 - MAXIMUM CUL-DE-SAC LENGTH OF 500 FEET - SEPULVEDA AVENUE - CONTINUED FROM JULY 15, 1985 This is the time and place continued to for consider- ation of an appeal filed by the property owners living adjacent to or near the proposed project to waive Munici- pal Code Section 18.40.130, maximum cul-de-sac length of 500 feet on property consisting of 12.3 acres located at the northern terminus of Sepulveda Avenue extending ap- proximately 1,189 feet easterly from the centerline of Sepulveda Avenue. (16) . Planning Director Schuma answered questions of the Council regarding conditions of approval, debris basins and water pressure. He stated that Mr. Wessel, General Manager of the Water Department, assured the property owners that the water pressure would be maintained. Mr. Schuma also stated that the Fire Chief and City Engineer had stated that said proposed development would enhance the City's position regarding fire protection and the drainage situation within the immediate area. However, the dedication of debris basins would cause extra work for the Street Department. 7 8/5/85 .\ Richard Sigmund, Engineer for the project, explained a possible option for providing access to Park Lane prop- erty located east of the development. Mrs. Helen Wick len, owner of property to the east, had questions concerning an easement and future access to her property which is located east of the proposed devel- opment. A discussion ensued regarding access possibilities for Mrs. Wicklen's property to prevent it from being land- locked. Planning Director Schuma answered questions. City Attorney Prince recommended that the City not accept dedication of catch basins due to the element of risk of liability. He referred to a memorandum dated August 5, 1985 from Deputy City Attorney John Wilson, which indicated that a City's liability is predicated on the City's ownership of property involved in flooding, not because of its approval of any prior development. . Planning Director Schuma answered questions concern- ing the maintenance of debris basins. Richard Sigmund, Engineer for the developer, stated that the debris basins in this case would be for the bene- fit of neighbors south of the proposed project. Thus it seemed illogical for this development to bear the cost of maintenance. Formal action was postponed until later in the meet- ing. (See page 9) 1.\ APPEAL HEARING - PLANNING COMMISSION'S ADDITIONAL CONDITION - PARCEL MAP NO. 9185 - REVIEW OF PRELIMINARY GRADING PLAN - EAST OF UNIVERSITY PARK- WAY - SOUTH OF 215 FREEWAY - NORTH OF HALLMARK PARKWAY This is the time and place set to hear an appeal filed by W. J. McKeever, Inc., on the Planning Commis- sion's additional condition for Parcel Map 9185 relating to the review of the Preliminary Grading Plan for property located on the east side of University Parkway, south of the 215 Freeway and approximately 900 feet north of the centerline of Cajon Blvd., 115 feet south of Hallmark Parkway. (17) Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that the appeal be denied and the decision of the Planning Commis- sion be affirmed. HEARING - EMINENT DOMAIN PROCEEDINGS - EXTENSION OF RIO VISTA PARK - 16TH AND CALIFORNIA STREETS - RECONSIDERATION Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing regarding Eminent Domain proceedings on the exten- sion of Rio Vista Park, located at 16th and California Streets, be reconsidered. (13) Mayor Wilcox reopened the hearing. . Mr. L. Squires, 611 S. Wilson Street, Los Angeles, protested the City's appraisal of $18,300 on property he owns in the area involved in the extension of Rio Vista Park. He stated he had gotten an appraisal of the prop- erty in the amount of $45,000. 8 8/5/85 . City Attorney Prince recommended that the protest be denied, the hearing be closed and that Mr. Squires contact the City Attorney's Office to work out a settlement. Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that the protest be denied and the hearing be closed. APPEAL HEARING - PLANNING COMMISSION'S DECISION - APPROVAL - VARIANCE NO. 85-3 - WAIVE CODE SECTION 18.40.130, MAXIMUM CUL-DE-SAC LENGTH OF 500 FEET - SEPULVEDA AVENUE - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consider- ation of an appeal filed by property owners living adja- cent to or near the proposed project on the Planning Com- mission's decision of approval for Variance No. 85-3, to waive Code Section 18.40.130, maximum cul-de-sac length of 500 feet. The proposed project is located at the northern terminus of Sepulveda Avenue extending approximately 1,189 feet easterly from the centerline of Sepulveda Avenue. (16) . Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the hearing on the Appeal for Variance No. 85-3 and Tentative Tract No. 12759 be closed and the decision of the Planning Commission be affirmed, with the following modifications to the conditions: 1. That the City accept the offer of dedication for the two debris basins; 2. That the applicant submit a landscaping plan for the area located on the south side of the proposed cul-de-sac for review and approval. Said landscaping plan shall include an irriga- tion plan, the species and amount of ground- cover, and the species and amount of trees and shrubs to be installed. . 3. Landscaping maintenance district shall be established to maintain landscaping within the public right-of-way for Tentative Tract No. 12759. Said landscaping shall be maintained in a manner satisfactory to the Director of Parks, Recreation & Community Services and to the Director of Public Services; applicant shall cooperate and assist in the establishment of a landscaping district; and that said land- scaping district be instituted upon need as recognized by the City. APPEAL HEARING - PLANNING COMMISSION'S DECISION - APPROVAL -TENTATIVE TRACT NO. 12759 - ESTABLISH SIX LOT SUBDIVISION - SEPULVEDA AVENUE This is the time and place set to hear an appeal filed by Council Member Marks on the Planning Commission's decision of approval of Tentative Tract No. 12759, to establish a six lot subdivision in the R-17200 Zone on 12.3 acres located at the northern terminus of Sepulveda extending approximately 1,189 feet easterly from the cen- terline of Sepulveda. (18) Mayor wilcox opened the hearing. . Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the hearing on the Appeal of Tentative Tract No. 12759 be 9 8/5/85 . closed and the decision of the Planning commission be affirmed, with the following modifications to the condi- tions: 1. That the City accept the offer of dedication for the two debris basins; 2. That the applicant submit a landscaping plan for the area located on the south side of the proposed cul-de-sac for review and approval. Said landscaping plan shall include an irriga- tion plan, the species and amount of ground- cover, and the species and amount of trees and shrubs to be installed. . 3. Landscaping maintenance district shall be established to maintain landscaping within the public right-of-way for Tentative Tract No. 12759. Said landscaping shall be maintained in a manner satisfactory to the Director of Parks, Recreation & Community Services; applicant shall cooperate and assist in the establishment of a landscaping district; and that said land- scaping district be instituted upon need as recognized by the City. GENERAL PLAN AMENDMENT NO. 85-2 - ETIWANDA AVE. ON THE NORTH, SAN BERNARDINO CITY LIMITS ON THE WEST - RIALTO AVE. ON THE SOUTH - RANCHO AVENUE AND LYTLE/ CAJON FLOOD CONTROL AREA ON THE EAST In a memorandum dated July 18, 1985, Planning Direc- tor Schuma reviewed the Planning Commission's action re- garding General Plan Amendment No. 85-2, which affects approximately 618.3+ acres bounded by Etiwanda Avenue on the north, City of San Bernardino City limits on the west (generally Eucalyptus and Pepper), Rialto Avenue on the south, and Rancho Avenue and the Lytle/Cajon Flood Control area on the east. (23) Planning Director Schuma presented and explained the background of General Plan Amendment No. 85-2. Mr. Schuma also answered questions regarding notification procedures for contacting property owners in the area. . Planning Director Schuma answered questions regarding mobile home parks, explaining how mobile home parks are established under conditional use permits. He further ex- plained how the General Plan Amendment would affect busi- nesses whenever a business is changed or destroyed by a disaster. Ben Shevchuk, owner of Mediterranean Mobile Home Park, stated that the mobile home park is now in confor- mance with the zoning and asked if the adoption of the General Plan Amendment and subsequent zone change would put them in a non-conforming use. He stated he is very much opposed to down zoning. Planning Director Schuma answered questions and stated that the action being taken is not for rezoning of property, but for a general plan designation. A discussion ensued regarding zoning in the area involved in the General Plan Amendment. . Herb Orban, representing Beth and Gus Lewis, owners of Orange-Wood Estates, stated they did not receive noti- fication of the action of the Planning Commission, nor of the meetings. 10 8/5/85 . Planning Director Schuma stated that over 1200 no- tices had been mailed out and that three notices were published in The Sun. Sabino Lopez, 2520 Rialto Avenue, property owner, stated he wanted the zoning to stay the same. Roger Nelon, 2000 Rialto Avenue, the owner of Rancho Rio Liquor Store, stated he was not in favor of the Gen- eral Plan Amendment because the new designation would be R-l, which would devalue his property. Council Member Quiel made a motion, seconded by Counc il Member Strick ler, to refer this item back to the Planning Commission for a full public hearing, and that all property owners and interested parties who leave their name at the Planning Department desk be notified by regis- tered mail so there is proof they were notified. Planning Director Schuma answered questions regarding the use of registered mail. . Luther Fair, an area resident, stated that he strong- ly opposed spot zoning, which he felt would occur because of this General Plan Amendment. He also stated that this action would downgrade his property. Roy Robertson spoke regarding the construction of apartments in the area. City Attorney Prince answered questions, stating he did not think the City could be sued because of the Gener- al Plan Amendment. Council Member Hernandez made a substitute motion, seconded by Council Member Marks, that the Planning De- partment hold a community meeting with property owners and tenants on Thursday, August 15, 1985, at 7:00 p.m., that notices be mailed again and that staff be instructed to explain to the public the direction taken on the General plan Amendment. . John Lightburn, Planning Commissioner for the First Ward, stated that he seconded the motion before the Planning Commission, but that he thought it would be a good idea to bring this item back before the Planning Commission a second time, especially after hearing the comments of the owner of Rancho Rio Liquors. Council Member Quiel withdrew his original motion. Council Member Quiel made a substitute motion, seconded by Council Member Strickler, that this item be referred back to the Planning Commission for a full public hearing and that notification to all property owners be prepared by the Planning staff and mailed, along with an area map, first class, by the Planning staff and that the hearing be continued until October 7, 1985. The motion carried by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Abstain: Council Member Estrada. . TEMPORARY PERMITS - STREET CUTTING - BUILDING AND SAFETY INSPECTION - MARSHALL BLVD. WEST OF VICTORIA In a memorandum dated August 5, 1985, Manuel P. Moreno, Jr., Director of Public Services, explained that the relocation of three Indian families to Indian land at 11 8/5/85 . the new site on Marshall Blvd. west of Victoria Avenue, necessitated the issuance of a temporary street cutting permit and a building and safety inspection permit to provide electrical service to the families. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the Mayor and Common Council approve the issuance of a 90-day temporary street cutting permit and a building and safety inspection permit for the installation of a power pole to provide electrical service to three mobile homes on Mar- shall Blvd. west of Victoria Avenue. RECESS MEETING At 12:15 p.m., Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously car- ried, that the meeting recess until 2:00 p.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . RECONVENE MEETING 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, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. 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. 85-290 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS; AND MAKING CERTAIN OTHER FIND- INGS AND DETERMINATIONS IN CONNECTION THEREWITH (SHANDIN HILLS PLAZA PROJECT). (R-3) The City Clerk read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said reso- lution be adopted. Resolution No. 85-290 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. . RES. 85-291 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE ITS MULTIFAMILY MORTGAGE REVENUE BONDS; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS; AND MAKING CERTAIN OTHER FIND- INGS AND DETERMINATIONS IN CONNECTION THEREWITH (SANDALWOOD PARK APARTMENTS PROJECT). (R-4) 12 8/5/85 The City Clerk read the title of the resolution. . Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived and said resolu- tion be adopted. Resolution No. 85-291 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-292 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, ACCEPTING THE TRANSFER TO THE CITY OF SAN BERNARDINO OF A PORTION OF THE CALENDAR YEAR 1985 PRIVATE ACTIVITY BOND LIMIT OF THE CITY OF CLEARLAKE, CALI- FORNIA. (R-5) The City Clerk read the title of the resolution. . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 85-292 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-293 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO AUTHORIZINAG THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING (TO BE HELD THE FIRST MEETING IN SEPTEMBER 1985). (Rio Bernard, Andreson Bldg. Project) (R-7) The City Clerk read the title of the resolution. . Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said reso- lution be adopted. vote: Marks, None. Resolution No. 85-293 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 85-294 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, SETTING A PUBLIC HEARING IN CONNECTION WITH THE ISSUANCE OF MULTI- FAMILY MORTGAGE REVENUE BONDS; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS; AND MAKING CERTAIN OTHER FINDINGS AND DETERMIN- ATIONS IN CONNECTION THEREWITH (CASTLE PARK PROJECT). (R-8) The City Clerk read the title of the resolution. . Counc i 1 Member Qu i el made a mot i on, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived and said resolu- tion be adopted. 13 8/5/85 . Resolution No. 85-294 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. NEW CENTRAL LIBRARY - APPROVAL AND ACCEPTANCE OF WORK - CONSTRUCTION OF STRUCTURAL STEEL - BUCKNER-WILSON FABRICATORS In a memorandum dated July 17, 1985, Roger Hardgrave, Director of Public Works/City Engineer, stated that all work involved in the construction of structural steel for the new Central Library has been satisfactorily completed by Buckner-Wilson Fabricators, and the project is ready to be accepted. The actual final contract price was $464,782.76. (R-9) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the work performed by the contractor, in accordance with Spec- ification No. 6456 be approved and accepted; and that final payment be authorized at the expiration of the lien peri od. . NEW CENTRAL LIBRARY - CHANGE ORDER NO. FIVE - CONSTRUCTION OF INTERIOR - BERRY CONSTRUCTION In a memorandum dated July 15, 1985, Roger Hardgrave, Director of Public Works/City Engineer, explained that Change Order No. Five to the contract with Berry Construc- tion for construction of the interior of the New Central Library incorporates 12 items that will delete certain items of work and correct problems discovered during construction. A copy of a memorandum from Don Rogers, Construction Manager, dated June 14, 1985, was attached. (R-IO) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to approve Change Order No. Five to the contract with Berry Construc- tion, Inc., for construction of interior for the New Cen- tral Library, in accordance with Plan No. 6467; to author- ize deletion of various items of work and to correct prob- lems with the plans at a net decrease in the contract price of $2,252.64 from $1,598,734.54 to $1,596,481.90. . COUNCIL EXPENSES - PROPOSED TO BE CHARGED TO REDEVELOPMENT AGENCY - CONTINUED FROM JULY 22, 1985 This is the time and place continued to for discus- sion of the matter of charging certain Council expenses to the Redevelopment Agency. (R-12) In a memorandum dated July 30, 1985, Glenda Saul, Executive Director, Redevelopment Agency, explained the background of the proposal of charging certain Council expenses to the Redevelopment Agency. She stated that scheduling problems had prevented a meeting with the City Administrator and requested that this matter be continued. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the proposal to charge certain Council expenses to the Rede- velopment Agency be continued to Monday, August 19, 1985 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (This matter was also on City Agenda as Item 28. See page 23) . COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. 14 8/5/85 . RES. 85-295 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, BELCO DEVELOPMENT COMPANY, WILLIAM F. COL- LAZO, CAROL N. COLLAZO, ABE E. BELTRAN AND JOA T. BELTRAN, RELATING TO THE PROPERTY AT MT. VERNON AVENUE AND VINE STREET, AND AT MT. VERNON AND SPRUCE STREET. (R-15) The City Clerk read the title of the resolution. Council Member Estrada made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. After discussion, Council Member Estrada made a mo- tion, seconded by Council Member Hernandez, that said resolution be adopted. . Resolution No. 85-295 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Frazier. Noes: Council Member Strickler. Absent: Council Members Reilly, Quiel. RES. 85-296 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, APPROVING THE ISSUANCE BY THE CITY OF SAN BERNARDINO INDUSTRIAL DE- VELO PMENT AUTHOR I TY OF ITS CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMENT AUTHOR- ITY, INDUSTRIAL DEVELOPMENT REVENUE BONDS, C&M FINE PACK, INC. PROJECT, ISSUE OF 1985 AND THE PROJECT TO BE FINANCED THEREBY, MAKING CERTAIN FINDINGS AND DETERMINATIONS AND SETTING A PUBLIC HEARING RELATING THERETO (C&M FINE PACK, INC. PROJECT) (R-16) The City Clerk read the title of the resolution. . COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-296 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. . SAN BERNARDINO UNIFIED SCHOOL DISTRICT FEES - RESOLUTION In a memorandum dated August I, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, requested that the Council continue the resolution regarding the 15 8/5/85 '. school impaction fees until an agreement can be reached between the Agency and the San Bernardino Unified School District regarding the Tri-City Redevelopment project Area. (R-20) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the resolution regarding the school impaction fees be referred to the Legislative Review Committee for review and report back on August 19, 1985. (See City Item No. 12, page 5) COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. PLANNING COMMISSION REPORT Frank Schuma, Planning Director, gave the Planning Report regarding the planning Commission matters of the meeting of July 16, 1985. The following recommendation was made: . That Change of Zone No. 85-7, to change the land use zoning district from M-IA, Limited Light Industrial to C-M, Commercial-Manu- facturing, owner, Jess L. Stout, on an irregularly-shaped parcel of land consist- ing of approximately 10 acres located on the west side of Lankershim Avenue between Fifth and Third Streets, a distance of approximately 660 feet, be approved. (19) Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, to ap- prove the responses to comments and to adopt the Negative Declaration for environmental review which has been re- viewed and considered; and to approve the findings and the recommendation of the Planning Commission and direct the City Attorney to prepare the necessary amendments to the Zoning Ordinance. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. . APPEAL HEARING - CONDITIONAL USE PERMIT NO. 85-19 - MINI-SPACE STORAGE FACILITY - NORTH OF HIGHLAND AVENUE - EAST OF EUCALYPTUS DRIVE - HILLTOP SYNDICATE, INC. This is the time and place set to hear an appeal filed by Hilltop Syndicate, Inc., on the Planning Commis- sion's decision of denial for Conditional Use Permit No. 85-19, to construct a 96,462 square foot mini-space stor- age facility on approximately 2.6 acres in the C-3A, Lim- ited General Commercial Zone. (20) Mayor Wilcox opened the hearing. Charles Ware was present to represent the developers of this project, and requested that if the project were approved by the Council, that no rear yard setback be required. Planning Director Schuma explained the staff recom- mendations for denial. . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the hearing be closed, the decision of the Planning Commis- 16 8/5/85 . sion be reversed, and that Conditional Use Permit No. 85-19 be granted, based upon findings of fact and subject to conditions of approval to be set forth by the Planning Department staff. MINI STORAGE POLICY Council Member Hernandez made a motion, seconded by Council Member Marks, that the planning Director be in- structed to prepare a comprehensive report on the number of mini-storage facilities, and if possible their vacancy factor, within the City of san Bernardino and within the City's sphere of influence and report back to the Council within sixty days. The motion carried by the following vote: Council Members Estrada, Reilly, Hernandez, Marks, Frazier. Noes: Council Member Strickler. Absent: Ayes: Quiel, None. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. . APPEAL HEARING - CONDITIONS FOR PARCEL MAP NO. 9246 - COLLEGE AVENUE AND UNIVERSITY PARKWAY - PACE ENGINEERING, INC. This is the time and place set to hear an appeal filed by Pace Engineering, Inc. on the Planning Commis- sion's application of conditions for Parcel Map No. 9246 for an irregularly-shaped parcel of land consisting of approximately 12.7 acres to create two parcels in the C-2, Community Commercial Zone. This property is located at the southwest corner of College Avenue and University Parkway. (21) Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that the appeal hearing on Conditions for Parcel Map No. 9246 be continued to Monday, August 19, 1985, in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. . COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. NEWMARK WATER PLANT - NEGATIVE DECLARATION - INSTALLATION OF TWO TREATMENT OPERATION TOWERS In a memorandum dated July 16, 1985, Frank A. Schuma, Planning Director, explained that a chemical spill appar- ently occurred in eight City wells some 10 to 15 years ago, and outlined steps that have been taken to remove the solvents from the groundwater supply at the Newmark reser- voir and pumping plant. (22) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the matter of the Negative Declaration at the Newmark Water Plant be continued to Monday, August 19, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. 17 8/5/85 . NORTHWEST REDEVELOPMENT PROJECT AREA COMMITTEE - REVIEW OF PROJECTS In a memorandum dated July 16, 1985, Planning Direc- tor Schuma presented a request from the Northwest Redevel- opment Project Area Committee that all projects located within the Northwest project Area and Ward Six submitted to the Planning Department, be referred to the Northwest Redevelopment Project Area Committee prior to action being taken. (24) It was explained that the Project Area Committee is requesting review of projects, but has no power to inter- fere with the process. Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that the Planning Department be instructed to refer all projects located within the Northwest Redevelopment Project Area to the Northwest Redevelopment project Area Committee on an informal basis. . COUNCIL MEMBERS ESTRADA AND FRAZIER EXCUSED Council Members Estrada and Frazier left the Council Meeting. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. WAYS AND MEANS COMMITTEE REPORT - JULY 11, 1985 Council Member Marks, Chairman of the Ways and Means Committee, presented the report of the Ways and Means Committee meeting of July 11, 1985. The following items were discussed: (25) 2. Youth Weed Abatement Program The Committee recom- mended the fund remain at $20,000 and that the area to be abated be increased from 500 to 750 feet. Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the $20,000 funding level for the Youth Weed Abatement Program remain the same, and that the area to be abated be in- creased from 500 feet to 750 feet. . COUNCIL MEMBERS ESTRADA Council Members Estrada Council Meeting and took Table. AND FRAZIER RETURNED and Frazier returned to the their places at the Council 3. Hi~anic Chamber of Commerce Funding Re~~! The Committee recommended an appropriation of $5,000 be made to the Hispanic Chamber of Commerce and that Council Mem- ber Estrada meet with Chamber Board member to review al- ternate sources of funding. (CDBG - Beautification) Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the Hispanic Chamber of Commerce be granted an allocation of $5,000. 4. Purchase of aggregate base material for masonry mortar The Committee recommended adoption of the following reso- lution: . 18 8/5/85 . RES. 85-297 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO FOURTH STREET ROCK CRUSHER FOR THE FURNISHING AND DELIVERING OF AGGREGATE BASE MATERIAL FOR MASONRY MORTAR AND WASHED SAND IN ACCOR- DANCE WITH SPECIFICATION NO. F-85~22 --ITEMS I, II, III, IV AND V. The City Clerk read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said reso- lution be adopted. vote: Marks, None. Resolution No. 85-297 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: 5. Purchase of street sweeper gutter broom segments and main brooms The Committee recommended adoption of the followIng resolution: . RES. 85-298 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SAN DIEGO ROTARY BROOM COMPANY INCORPORATED FOR THE FURNISHING AND DELIVERING OF STREET SWEEPER GUTTER BROOM SEGMENTS AND MAIN BROOMS IN ACCORDANCE WITH SPECIFICATION NO. F-85-23. The City Clerk read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 85-298 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. . COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. 6. Creative Business Services - Funding Request -$2,700 The Committee recommended denial of fund request and rec- ommended that staff: provide well defined policy and procedures; make a survey to determine methods to promote and market; and monitor procurement activities. In a letter dated July 5, 1985, the Director of Fi- nance and purchasing Agent reported on procurement prac- tices regarding minority and female-owned businesses. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the request of Creative Business Services for $2,700 in fund- ing for minority business development be denied; that staff be instructed to provide a well defined policy and procedures to promote and market and to monitor procure- ment activities; and the City Administrator be instructed to report back to the Council with the procedures to meet the City's objective. . COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. 19 8/5/85 . 7. Operational Cost Report of Police Community Centers The Police Chief modified the original cost estimate for Police Community Centers to $344,847 and recommended, and the Committee concurred, that the operation of Police Community Centers be continued in lieu of any other option for use of these funds. Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the Operational Cost Report of Police Community Centers be filed. 8. Nicholson Center Funding The Committee ascertained available CDBG funding as-r0110ws: $265,555 - FY 84-85 349,949 - FY 85-86 58,960 25,000 Contingency Carryover Contingency Appropriation Shared Housing appropriation not needed Estimated surplus not needed to complete previously finished projects. . Completion is estimated to be in March, 1986. The $10,000 previously allocated will be used to operate the Center in FY 85-86. The Parks, Recreation and Community Services Department will attempt to coordinate an agree- ment with the City of Rialto to share in future joint operation costs. The operational costs for FY 86-87 are being refined by the Parks, Recreation & Community Ser- vices Department. The maximum additional allocation for full-fledged program would not exceed $26,000 per year. Approximately $400,000 will be held in CDBG Contingency as recommended by Mr. Henderson, Manager, Community Develop- ment Division. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the following actions be approved: . That the Nicholson Center Project be authorized for funding. The funding allocation is $300,000 from the Community Development Block Grant funding for this year and $100,000 from the General Fund. The $100,000 from the General Fund is to be repaid, with interest at the level of the City's average investment return, from next year's Community Development Block Grant Funds; That the Parks, Recreation and Community Services Department be directed to explore with the City of Rialto the possibility of a joint venture in the future operating costs beginning in Fiscal Year 1986-1987. ($10,000 has been allocated to the Department's budget to operate the center in FY 85-86.) That a public hearing on the Center be held on August 19, 1985. Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the City Engineer be authorized to proceed with advertising for bids. . COUNCIL MEMBERS QUIEL AND STRICKLER EXCUSED Council Members Quiel and Strickler left the Council Meeting. 20 8/5/85 . 9. Enterprise Zone ~ RFP/Turnkey Service Cost - The Com- mittee directed the Redevelopment Agency to meet with a group to be formed (John Dukes, Gary Van Osdel and Charles Amis). The Committee also approved that the Redevelopment Agency negotiate a contract to and work with the Ways and Means Committee for the purpose of review and recommenda- tion to the full Council. (This matter was considered on the Redevelopment Agency Agenda. See Item 22) 10. R-3 Multi-Family Ordinance Amendment The Planning Department is in the process of making recommendations. When review is completed, item will be brought back to the Ways and Means Committee for review and recommendation to the full Council and appropriate Planning Commission hear- ings as the Council may determine. No formal action was taken on this item. 11. Operation Second Change Ad Hoc Committee Report This item was continued, as the subcommittee is still reviewing the matter. No formal action was taken on this item. . 1. Sa~ BeEnardino Lite All Sta~ Funding Request for $8,040 The Committee referred thlS item to the full Council for consideration. Joe Baca was present. Lorraine Velarde, Administrative Assistant to the Mayor, spoke regarding last year's Council action which granted $2,000 in funds to the San Bernardino Lite All Stars in exchange for weed abatement work. Council Member Estrada made a motion, seconded by Council Member Hernandez and unanimously carried, that the Economic Development Council be requested to allocate $2,000 to San Bernardino Lite All Stars for promotion of the City. . Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the San Bernardino Area Chamber of Commerce be asked to con- sider matching the Economic Development Council's donation of $2,000. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the Ways and Means Committee Report of July II, 1985, be re- ceived and filed. COUNCIL MEMBERS QUIEL AND FRAZIER RETURNED Council Members Quiel and Frazier returned to the Council Meeting and took their places at the Council Table. . COUNCIL MEMBERS ESTRADA AND MARKS EXCUSED Council Members Estrada and Marks left the Council Meeting. 21 8/5/85 . APPEAL HEARING - PLANNING COMMISSION'S CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 85-30 - WALNUT STREET - WEST OF ARTESIA STREET - DAVID LEWIS CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for consider- ation of an appeal filed by David R. Lewis, on behalf of owners William and Carol Clarke, dba Tri City Towing, on the Planning Commission's conditions of approval of Condi- tional Use Permit No. 85-30, to permit an automobile tow- ing impound yard, auto repair and incidental ornamental iron fabrication business. The location of the proposed business is on the south side of Walnut Street, west of Artesia Street, also described as 1661 Walnut Avenue. (15) Mayor wilcox opened the hearing. City Attorney Prince stated that no standard require- ments can be waived through the Conditional Use Permit process. The change of requirements would require a vari- ance. In this case, the City has the right to determine what types of improvements are required for the property, that is, slag might be used in place of asphalt. . Planning Director Schuma stated that he did not agree with the City Attorney's determination, but he could ac- cept his recommendation, and at this time the only issue is whether the project should be required to have slag or asphalt. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be closed, that the decision of the Planning Com- mission be modified to substitute the use of slag which is rolled, in place of asphalt, and that the Conditional Use Permit be granted as modified. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. . CONDITIONAL USE PERMIT AND VARIANCE - POLICY Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, to refer to the Legislative Review Committee the issue of Municipal Code provisions for Conditional Use Permits and Variances for a report back to the Council on August 19, 1985. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. COUNCIL PERSONNEL COMMITTEE MEETING REPORT - JULY 11, 1985 -CONTINUED FROM JULY 15, 1985 Council Member Reilly, Chairman of the Council Per- sonnel Committee, stated that the Council Personnel Com- mittee did not meet on July 11, 1985. (26) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that item 26, the Council Personnel Committee Meeting Report of July 11, 1985, be deleted. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. . 22 8/5/85 . ABSENTEE VOTER BALLOTS - REPORT City Clerk Clark presented a report and recommended that the absentee ballot applications and absentee voter rosters remain confidential during the campaigns. (27) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the absentee voter ballots matter be continued to Monday, August 19, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL EXPENSES - CHARGED TO REDEVELOPMENT AGENCY - REDEVELOPMENT AGENCY EXPENSES INCURRED IN PROVIDING SERVICES TO CITY - REPORT Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the report regarding expenses of Council Offices to be charged to the Redevelopment Agency, and expenses incurred by the Redevelopment Agency in providing services to the City, be continued to Monday, August 19, 1985, in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, California. (28) . COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. "TOPS IN BLUE" - REQUEST FOR FINANCIAL PARTICIPATION - OCTOBER 16, 1985 - SAN BERNARDINO AREA CHAMBER OF COMMERCE In a memorandum dated July 25, 1985, Mayor wilcox presented a letter dated July 16, 1985, from the San Ber- nardino Area Chamber of Commerce requesting financial support in the amount of $250 for "Tops in Blue", in rec- ognition of Norton Air Force Base. This event is sched- uled for October 16, 1985, at the National Orange Show Pavilion. (30) . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the sum of $250 from the City Promotional Budget be allocated to the San Bernardino Area Chamber of Commerce for the pur- pose of participating as a sponsor in the "TOps in Blue" show to be held October 16, 1985, at 7:30 p.m., at the National Orange Show Pavilion in recognition of Norton Air Force Base. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. FRANCHISE - DIALYSIS TRANSPORTATION SERVICE - SOUTHWEST MEDICAL TRANSPORT, INC. In a memorandum dated July 9, 1985, Lee Gagnon, Busi- ness License Supervisor, stated that dialysis transporta- tion is now being provided by Care Ambulette, which was granted a franchise on May 28, 1981. The Bureau of Fran- chises recommended at their meeting of June 11, 1985, that a second dialysis transportation be provided, and that Southwest Medical Transport, Inc., be granted a franchise to operate three dialysis transportation vehicles. (31) Harry Williams of Southwest Medical Transport, Inc. explained his request for a franchise. . Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that the matter of granting a franchise to Southwest Medical Trans- 23 8/5/85 . port, Inc., be continued to Monday, August 19, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and that the dialysis trans~ portation service providers be present. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. REPORT - ANIMAL CONTROL - PUBLIC SERVICES - JOHN A. STEWART'S COMPLAINTS This is the time and place set for a report from the Animal Control and Public Services Departments regarding John A. Stewart's complaints on weed abatement, health and dust problems, general litter control and enforcement of City ordinances relative to animal control. (29) Council Member Frazier reported and gave an overall view of the actions taken with regard to Mr. Stewart's complaints. . Mr. Stewart reported that the neighbors have moved their horses 1 1/2 blocks, which is still illegal, that there are substandard housing problems at 2303 Lincoln, and at 1959 Macy, there are people living in a mobile home. Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that the report on Mr. Stewart's complaints be filed. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. RES. 85-299 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 11407, LOCATED AT THE NORTHEAST CORNER OF SUN VALLEY DRIVE AND 48TH STREET, ACCEPTING THE PUBLIC DEDICA- TIONS AS SET FORTH ON SAID MAP; AND AUTHOR- IZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (50) . The City Clerk read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived and said reso- lution be adopted. Resolution No. 85-299 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. RECESS MEETING At 5:05 p.m., the Mayor ordered that the Regular Meeting of the Mayor and Common Council recess for ten minutes. . RECONVENE MEETING At 5:20 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. 24 8/5/85 . ROLL CALL Roll Call was taken by the City Clerk with the fol~ lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. HEARING - RECONSIDERATION - REMOVAL OF SIGN - 872 NORTH ARROWHEAD AVENUE - JAMES E. MASSEY - MEMORANDUM FROM CITY ATTORNEY CONCERNING AGREEMENT This is the time and place set for a hearing to re- consider previous Council action on May 13, 1985. At that time Resolution No. 85-173 was adopted which authorized the acceptance of a covenant running with the land from James E. Massey and Carol A Massey limiting their right to convey the property described in exhibit "A" of the conve- nant as a non-conforming use. The location of the proper- ty is 872 N. Arrowhead Avenue. (35) . Also previously presented was a memorandum dated July 5, 1985, from City Attorney Prince in which he reviewed Council action on the covenant of James E. and Carol A. Massey and requested that the City Attorney's office be instructed to commence abatement proceedings. Mayor wilcox opened the hearing. Council Member Estrada made a motion, seconded by Council Member Quiel, that Mr. Massey be permitted to maintain his sign at 872 North Arrowhead Avenue; that the City Attorney be instructed to amend the covenant by de- leting that section which requires removal of the sign; and that as an additional condition of approval, the sign company that installed the sign be required to obtain a permit therefor. The motion carried by the following vote: Council Members Estrada, Hernandez, Marks, Quiel, Strickler. Noes: Council Member Reilly. Absent: Ayes: Frazier, None. . INDIAN BINGO - COUNCIL COMMITTEE POLICY RECOMMENDATION Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the Council reaffirm its pre-existing Councilmanic policy on the subject of Indian Bingo, that the Council Indian Bingo Committee be directed to continue to negotiate for the relocation of the bingo parlor out of the North Victoria residential area; that the appeal on the Environmental Impact Report continue and that upon agreement being reached between tribal counsel of the San Manuel Reserva- tion and the City of San Bernardino Mayor and Council, that all appeals will be dropped. (S-3) COUNCIL MEMBERS MARKS AND ESTRADA EXCUSED Council Members Marks and Estrada left the Council Meeting. . PRODUCTION OF WATER - ARTESIAN ZONE - WATER BASIN In a memorandum dated July 31, 1985, City Administra- tor Matzer explained the background of negotiations and costs of the agreement between the City of San Bernardino and the San Bernardino Valley Municipal Water District, et aI, relating to the production of additional water from the artesian zone of the San Bernardino Basin area and for reimbursement of costs. Mr. Matzer stated that a letter had been received from the attorney of the San Bernardino Valley Municipal Water District requesting an extension of the agreement to December 31, 1985. (32) 25 8/5/85 . Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the matter relating to the production of water from the arte- sian zone of the water basin be referred to the High Groundwater Committee for a report back on August 19, 1985. "HELP CENTER" AT CITY HALL - REQUEST BY EUGENE DOUGHERTY - REPORT FROM PARKS, RECREATION AND COMMUNITY SERVICES In a memorandum dated July 12, 1985, Annie Ramos, Director, Parks, Recreation and Community Services, pre- sented a report from the Community Services Division, stating that the request for a "Help Center" at City Hall, as requested by Eugene Dougherty, not be recommended for approval, as this proposal calls for funding services already duplicated within the City. (33) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the proposal for a City Help Center as submitted by Mr. Eugene Dougherty be disapproved. . MILL CENTER RECREATION FACILITY - INSTITUTE ARBITRATION PROCEEDINGS - ARCHITECTURAL AGREEMENT - JOSEPH E. BONADIMAN In a memorandum dated July 19, 1985, City Attorney Prince reviewed the background concerning the repairs to the Mill Center Recreation Facility. He explained that the contractor and architect had disagreed as to responsi- bility for the cost to reconstruct walls improperly plas- tered. Nonbinding arbitration between the architect and the contractor resulted in an arbitrator's decision that the architect and contractor should each pay one-half of the cost of materials to redo the plastering. That work was done and the contractor was reimbursed by the City for 50% of the cost of materials for the work. The City has unsuccessfully attempted to recover one-half of the costs from Joseph E. Bonadiman and Associates, Inc. Mr. Prince requested authorization to institute arbitration proceed- ings to recover the remaining $3,768.88 the City paid to the contractor. (34) . Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the City Attorney be authorized to institute arbitration pro- ceedings under architectural agreement to recover 50% of cost of materials to redo north, east and south walls of Mill Center Recreation Facility from Joseph E. Bonadiman and Associates, Inc. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the resolu- tions on the agenda. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of all the resolutions on the agenda be waived. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. . 26 8/5/85 . RES. 85-300 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ARTHUR SHOOTER ASSOCIATES, INC. FOR LANDSCAPE IMPROVEMENTS IN ASSESSMENT DISTRICT NO. 961, PARK CENTRE. (36) Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-300 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Mem- bers Estrada, Marks. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. . RES. 85-301 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PAR- CELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF ABATEMENT OF A PUBLIC NUISANCE. (409 WEST 17TH STREET, 1512 WEST VIRGINIA, 586 EAST CENTRAL, 2141 NORTH NEWCOMB, 855 WEST ORANGE STREET, 1182 NORTH "G" STREET, 1998 EAST LYNWOOD, 1258 WEST 19TH STREET, 752 WEST 9TH STREET, 500 BLOCK NORTH WATERMAN, NORTHEAST CORNER.) (37) Council Member Strickler made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 85-301 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. . RES. 85-302 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO ACTING AS THE AREA AGENCY ON AGING FOR THE SENIOR NUTRITION PROGRAM FOR THE PERIOD JULY 1, 1985 THROUGH JUNE 30, 1986, TOGETH- ER WITH ASSURANCE OF COMPLIANCE. (38) Council Member Strickler made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 85-302 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. RES. 85-303 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JADE NT PRODUCTIONS, INC., RELATING TO THE DIRECTION, PROMOTION AND PRODUCTION OF A STATE VARIETY SHOW FOR THE SAN BERNARDINO/REDLANDS SPECIAL OLYMPICS. (39) Council Member Strickler made a motion, seconded by Council Member Frazier, that said resolution be adopted. . vote: Quiel, Member Resolution No. 85-303 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Marks. 27 8/5/85 . RES. 85-304 - RESOLUTION OF THE CrfY oe SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO AGREEMENT WITH CASA RAMONA, INC., RELATING TO A ONE YEAR EXTEN- SION OF AN AGREEMENT PERTAINING TO THE OPERATION m' A DROP-IN CENTER KNOWN AS "RAMONA DROP-IN CENTER". (40) Council Member Reilly made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 85-304 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. Abstain: Council Member Estrada. RES. 85-305 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORI~ING THE EXECUTION OF AND RATIFYING A FIRST AMENDMENT TO AGREEMENT WITH THE SUN COMPANY OF SAN BERNARDINO, CALIFORNIA, RELATING TO A ONE YEAR EXTEN- SION Or' A NEWSPAPER RECYCLING PROJEC'l', EFFECTIVE JULY 1, 1985. (42) . Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 85-305 was adopted by tile following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. RES. 85-3U6 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CI'fY oe SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT. (Weed Abatement) (43) Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted. . Resolution No. 85-306 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. RES. 85-307 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AND RATIFYING 11. SECOND AMENDMENT 'fO LEASE WITH WILLIE CLARK RELATING TO PREMISES LOCATED AT 2656 WEST FOO'fHILL BOULEVARD TO EXTEND THE TERM FOR ONE ADDITIONAL YEAR AND IN- CREASE THE MONTHLY RENTAL BY $25.00 PER MONTH EFFECTIVE JULY 1, 1985. (44) Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 85-307 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Council Member Marks. Abstain: Council Member Frazier. . RES. 85-308 - RESOLUTION OF THE CITY oe SAN BERNARDINO AUTHORIZING THE EXECUTION OF AND RATIFYI1~G A FIRS'f AMENDMENT 'fO AGREEMEN'f WITH SAN HIDALGO FOUNDATION, INC., RELATING TO A TWO-MONTH EXTEN8ION OF A NU'l'RITION FOR SENIORS PROGRAM EFFECTIVE JULY 1, 1985. (41) 28 8/5/85 Council Member Frazier made a motion, seconded by Council Member Strickler, that said resolution be adopted. . Resolution No. 85-308 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. RES. 85-309 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING GRANT AWARD FROM OF- FICE OF CRIMINAL JUSTICE PLANNING FOR CA- REER CRIMINAL APPREHENSION AND PROSECUTION PROGRAM FOR THE PERIOD JULY 1, 1985 TO DECEMBER 31, 1985. (45) Council Member Frazier made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-309 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. . RES. 85-310 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1985-86 ASSESS- MENT ROLL, EXPANSION OF FACILITIES FOR THE CENTRAL CITY PARKING DISTRICT. (47) Council Member Frazier made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-310 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. RES. 85-311 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 1985-86 ASSESS- MENT ROLL, CENTRAL CITY PARKING DISTRICT. (48) Council Member Frazier made a motion, seconded by Council Member Strickler, that said resolution be adopted. . Resolution No. 85-311 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. RES. 85-312 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONSENT TO COMMON USE AGREEMENT FOR HOSPI- TALITY LANE AT SAN TIMOTEO CREEK WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT. (49) Council Member Frazier made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-312 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. . 29 8/5/85 . RES. 85~3l3 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR, OR MAYOR PRO TEMPORE AS APPROPRIATE, EXECUTIVE DI- RECTOR, DIRECTOR, ASSISTANT DIRECTOR AND OFFICER OF EMERGENCY SERVICES TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE PURPOSE OF OBTAINING FINANCIAL ASSISTANCE UNDER THE FEDERAL CIVIL DEFENSE ACT OF 1950, AS AMENDED, EFFECTIVE JUNE 3, 1985; AND RE- PEALING RESOLUTION NO. 84-56. (46) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted as amended by inserting "or Mayor Pro Tempore as appropriate" after the word "Mayor". Resolution No. 84-313 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. . RES. 85-314 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BOB BRIT- TON, INC., FOR GRADING, IRRIGATION AND HYDROSPRAYING LAWN AT AL GUHIN PARK. (51) Council Member Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 85-314 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the contract for the construction of Al Guhin Park, Phase 1, irrigation, grading and hydrospraying lawn, be awarded to the low bidder, Bob Britton, Inc., in the amount of $143,853.82 all in accordance with Plans and Specifica- tions No. 6626. Additionally, that a 10% contingency be allowed for unforeseen incidental work. . Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that funds for completion of Al Guhin Park, included as a line item in the Parks and Recreation 1985-86 budget, be authorized and approved for expenditure. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. RES. 85-315 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO TOYO LANDSCAPING CO., FOR MAINTENANCE OF LAND- SCAPING IN PARKING LOTS FOR CENTRAL CITY MALL, I NS I DE CENTRAL CITY MALL, CENTRAL CITY PARKING LOT NOS. 1, 2 AND 3, AREAS ADJACENT TO CITY HALL, CENTRAL CITY WEST AND ANIMAL SHELTER. (52) . In a letter dated August 2, 1985, Robert D. Curci, Managing Partner, Central City Company, expressed concern about the level and quality of service that is to be pro- vided under the proposed resolution and made several sug- gestions that would insure proper maintenance. City Administrator Matzer recommended that the con- tract be awarded as is and answered questions regarding supervision costs on the maintenance. 30 8/5/85 council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. . Resolution No.85-315 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Mem.. bers Reilly, Marks. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPO- RATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 85-6, LOCATED APPROXIMATELY 1,500 FEET SOUTH OF KENDALL DRIVE, BETWEEN THE FUTURE EXTENSION OF 40TH STREET AND "F" STREET), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (53) . The City Clerk read the title of the ordinance. Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that first reading of the ordinance be waived and said ordi- nance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPO- RATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 85-10, A RECTANGULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY .42 ACRES HAVING A FRONTAGE OF APPROXIMATELY 97 FEET ON THE WEST SIDE OF STODDARD AVENUE AND BEING LOCATED APPROXIMATELY 255 FEET NORTH OF THE CENTERLINE OF OAK STREET), AND ADOPTING THE NEGATIVE DECLARATION FOR EN- VIRONMENTAL REVIEW. (54) . The City Clerk read the title of the ordinance. Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that first reading of the ordinance be waived, and said ordi- nance be laid over for final passage. ORD. MC-469 - ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNI- CIPAL CODE (PETITION NO. 85-11, GENERALLY LOCATED ON THE SOUTHEASTERLY SIDE OF UNI- VERSITY PARKWAY BETWEEN NORTHPARK BOULEVARD AND KENDALL DRIVE) AND ADOPTING THE NEGA- TIVE DECLARATION FOR ENVIRONMENTAL REVIEW. FINAL (55) The City Clerk read the title of the ordinance. . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that final reading of the ordinance be waived and said ordinance be adopted. 31 8/5/85 . Ordinance MC-469 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Stri~kler. Noes: None. Absent: Council Member Marks. ORD. MC-470 - ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNI- CIPAL CODE (PETITION NO. 85-12, LOCATED NORTH OF LYNWOOD DRIVE, AT THE NORTHERN TERMINUS OF CENTRAL AVENUE EXTENDING EAST TO ORANGE STREET), AND ADOPTING THE NEGA- TIVE DECLARATION FOR ENVIRONMENTAL REVIEW. FINAL (56) The City Clerk read the title of the ordinance. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that final reading of the ordinance be waived and said ordinance be adopted. . Ordinance MC-470 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. GENERAL REPORTS AND CORRESPONDENCE Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that the following items be filed: (57) a. Civil Service Eligibility Lists for: Junior Librarian - Open Extra Relief Heavy Laborer - Open Library Page - Open . b. Report relative to Reserve Sewer Capacity Rights - Raymond D. Schweitzer, Deputy City Administrator. c. City's Investment Portfolio, May 31, 1985 - Craig Graves, City Treasurer d. Application of General Telephone for authority to increase certain intrastate rates and charges. e. Seven alcoholic beverage applications for the following new and transferred licenses: NEW Francisco G. Gonzalez 742 N. Mt. Vernon On Sale Beer & Wine Alan Kwong & Pansy Tang, dba Lotus Garden III E. Hospitality Lane On Sale General ., Rifat Al Wadi dba Garcia's 1396 Massachusetts Street Off Sale Beer & Wine 32 8/5/85 william F. 122S E. Lynwood On Gale Beers & Mari- Avenue Beer & Wine Lyn F. Carlson . dba Del Rosa Club Ian & Darlene 320 South E st. On Sale Hodges, Mar- General garet Read, dba The Brandin Iron Cheryl L. 141 W. Redlands On Sale Miller, dba Blvd. General Mama's Honky Tonk Cafe Bonnie & Kerry 207 W. Highland off Sale Hickman, dba Avenue Beer & Wine 7-Eleven Store COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. . COUNCIL MEETING DATES - SEPTEMBER, 1985 Council Member Quiel made a motion, seconded by Council Member strickler and unanimously carried, that the September meetings of the Mayor and Common Council be scheduled for September 9, and September 23, 1985. SET HEARING - APPEALS - FOSTER & KLEISER - GANNETT OUTDOOR - REVOCATION OF BUILDING PERMIT AND DEMOLITION PERMIT In a memorandum dated August I, 1985, City Attorney Prince requested that a hearing be set relating to appeals by Foster & Kleiser and Gannett Outdoor on the revocation of building permits and demolition permits. (S-l) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to set a hearing date of September 9, 1985, to consider appeals filed by Foster & Kleiser and Gannett Outdoor relating to revocation of Building Permit Nos. 61008 and 61025, and Demolition Permit Nos. 61006, 61007 and 61024 which were issued in apparent violation of San Bernardino Municipal Code Section 19.60.250. . RES. 85-316 - RESOLU'rION OF THE CI'rY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT TERMINATING THE AGREEMENT FOR THE OPERATION AND MAINTENANCE OF CONCESSION FACILITIES AT NUNEZ PARK AND FRANKLIN D. ROOSEVELT BOWL AT PERRIS HILL PARK. (E. Lewis Clark) (S-2) The City Clerk read the Title of the resolution. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. vote: Quiel, Member Resolution No. 85-316 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Marks. . LYTLE CREEK DRILL TEAM - RUDY HERNANDEZ COMMUNITY CENTER - CITY CO-SPONSORSHIP In a memorandum dated August 2, 1985, Council Member Hernandez requested that the City co-sponsor a Lytle Creek Drill Team event on August 16, 1985. 33 8/S/8S . Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, that the City co-sponsor a Lytle Creek Drill Team event on August 16, 1985, at the Rudy Hernandez Community Center. EDGEMONT DRIVE CUL-DE-SAC GRADING In a memorandum dated August 5, 1985, Council Member Quiel requested the use of City forces to improve Edgemont Drive cul-de-sac. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the Public Works Director be authorized to use City forces and equipment to grade, level and pave Edgemont Drive cul- de-sac. . MILLION DOLLAR MILE PROPOSAL In a memorandum dated August 5, 1985, Council Member Quiel presented a letter dated August 2, 1985, from Bruce Varner, Chairman of the Executive Committee, San Bernar- dino Economic Development Council relative to the Million Dollar Mile Proposal. The letter recommended approval of the proposal, subject to certain contractual limitations. Prior to execution of the final contract, it would be presented to the Mayor and Common Council for approval. Council Member Estrada made a motion, seconded by Council Member Hernandez and unanimously carried, that the Economic Development Council be authorized to continue in their attempts to negotiate a contract with the 7-Up bot- tling Company for sponsorship of the Million Dollar Mile event; that the Economic Development Council work with the City staff and 7-Up representatives to determine ac- tual costs of providing use of Arrowhead Avenue, along with safety, security, fire service, etc., and place agreed limits on City services and commitments, all of which would be included in the contract; and that the f i na 1 con tr ac t be pres en ted to the Mayor and Common Council for approval. . ADJOURNMENT At 6:05 p.m., Council Member Estrada made a motion, seconded by Council Member Strickler and unanimously car- ried, that the Regular Meeting of the Mayor and Common Council be adjourned. $#U'/!'t?dAV./' /' City Clerk . 34 8/5/85