HomeMy WebLinkAbout03-09-1987 Minutes
City of San Bernardino, California
March 9, 1987
This is the time and place heretofore set for an
Adjourned Regular Meeting of the Mayor and Common Council
of the City of San Bernardino at their Regular Meeting
held at 9:00 a.m., on Monday, March 2,1987, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, all members of the Mayor and Common Council
being absent therefrom.
The City Clerk has caused to be posted the Notice of
Adjournment of said meeting held at 9:00 a.m., on Monday,
March 2, 1987, and has on file in the office of the City
Clerk an affidavit of said posting together with a copy of
said Notice which was posted at 9:00 a.m., on Monday,
March 2, 1987, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
The Adjourned 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, March 9, 1987, in
the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
INVOCATION
The Invocation was given by Monsignor Michael Nolan,
St. Theresa Catholic Church.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Daniel Rowland,
student at Serrano Intermed~ate School.
ROLL CALL
Roll Call was taken by the City Clerk with the fol-
lowing being present: Mayor Wilcox; Council Members
Estrada, Reilly, Quiel, Frazier, Strickler; Assistant City
Attorney Sabourin, City Clerk Clark, City Administrator
Schweitzer. Absent: None.
BRIEF COMMENTS BY GENERAL PUBLIC
Susan Rogers, an employee of the Department of Mental
Health, working for the homeless, spoke of the plight of
the homeless and indicated that something should be done
today to help them. (A)
PRIMARY MUNICIPAL ELECTION - OFFICIAL CANVASS -
CERTIFICATION OF ELECTION
In a memorandum dated March 5, 1987, Shauna Clark,
City Clerk, presented the certification of votes cast in
the Primary Municipal Election held on March 3, 1987, as
certified by Gerane B. Jacobsen, Registrar of Voters. The
results are as follows: (S-l)
OFFICIAL CANVASS
PRIMARY MUNICIPAL ELECTION
MARCH 3, 1987
TOTAL BALLOTS CAST IN CITY OF SAN BERNARDINO. . . .14,689
CITY ATTORNEY
TOTAL VOTE CAST - CITY WIDE 14,689
James F. Penman
9,933
Ralph H. Prince
4,246
CITY CLERK
TOTAL VOTE CAST - CITY WIDE 14,689
Shauna Clark . . . . . . . . . . . . . . 12,567
CITY TREASURER
TOTAL VOTE CAST - CITY WIDE 14,689
Craig A. Graves . . . . . . . . . . . . . .12,511
THIRD WARD
TOTAL VOTE CAST
1,708
Jess Flores. .
901
Daniel M. "Dan" Torres, Jr.
411
Wade Byars . . .
203
Harry L. Carson, Sr.
158
FOURTH WARD
TOTAL VOTE CAST
3,044
Michael Maudsley . .
1,750
Gene Pensiero
275
Denny Shorett
.1,091
FIFTH WARD
TOTAL VOTE CAST
2,591
Tom Minor . . . . .
955
Gordon Quiel . . . . . . . . . . . . . . . . . . . . 1,235
Robert L. Stone . . . .
373
SIXTH WARD
TOTAL VOTE CAST
2,595
Dan Frazier . . . .
586
Valerie Pope-Ludlum
952
James Elder .
26
John D. Hobbs
.250
Hardy L. Brown . . . .
. . . . . . . . . 681
SEVENTH WARD
TOTAL VOTE CAST
3,084
Norine Miller . . . .
.1,458
Richard Gerwig . . . . . . . . . . . . . . . . . .. 995
Warner W. Hodgdon . . . . . . . . . . .
598
Assistant City Attorney Sabourin answered questions
regarding the abstention of a Council Member in the event
charges are brought by him concerning the race in the
Sixth Ward.
City Clerk Clark answered questions regarding the
certification of the election, stating that it was not
possible to exclude the Sixth Ward from the Certification,
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3/9/87
nor just to certify the Third and Fourth Wards, because of
the City Wide races.
Council Member Frazier stated he would abstain from
voting on this matter.
Council Member Strickler made a motion, seconded by
Council Member Quiel, that the results of the Primary
Municipal Election held on the 3rd day of March, 1987, as
set forth in the Statement of Vote Cast, as certified by
the Registrar of Voters, be declared official.
The motion carried by the following vote: Ayes:
Council Members Estrada, Reilly, Quiel, Strickler. Noes:
None. Absent: None. Abstain: Council Member Frazier.
INAUGURAL CEREMONY
Mayor wilcox welcomed the two recently elected
Council Members, Jess Flores, Third Ward, and Michael
Maudsley, Fourth Ward, and announced there would be an
Inaugural Ceremony, followed by a brief reception.
City Clerk Clark administered the Oath of Office to
Council Member Flores.
Council Member Flores thanked his supporters and
introduced his wife, Terry.
City Clerk Clark administered the Oath of Office to
Council Member Maudsley.
Council Member Maudsley pledged to serve the people
in the Fourth Ward as well as all the citizens in San
Bernardino. He introduced his wife Judy, daughter Janet,
his parents, Mr. and Mrs. Maudsley, mother and father
-in-law, Mr. and Mrs. Malone, and thanked them, as well as
others, for their support.
RECESS MEETING - RECEPTION
At 9:15 a.m., the Meeting recessed until 9:45 a.m.,
for a reception to honor newly elected Council Members
Flores and Maudsley.
RECONVENE MEETING
At 9:46 a.m., the Adjourned Regular Meeting of the
Mayor and Common Council reconvened in the Council Cham-
bers of City Hall, 300 North "0" 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, Flores, Maudsley, Quiel, Frazier,
Strickler; Assistant City Attorney Sabourin, City Clerk
Clark, City Administrator Schweitzer. Absent: None.
AMERICAN LEGION - POST 14 - PRESENTATION TO CITY
AND WAYNE OVERSTREET, SUPERINTENDENT, PUBLIC
BUILDINGS/PARKING CONTROL
Col. Tom Clark, American Legion Post 14, presented a
Citation of Appreciation to the Mayor for all the City has
done for Post l4's programs for civic and American better-
ment.
Mayor wilcox accepted the Citation, and stated that
in June, 1987, the City will host a convention of the
American Legion, with an anticipated attendance of between
5,000 and 7,000.
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3/9/87
Col. Clark introduced Mr. Joe Mazziota, Chairman of
the Americanism Commission of Post 14.
Col. Clark presented a Citation of Appreciation to
Wayne Overstreet, Superintendent, Public Buildings/Parking
Control, and expressed his appreciation for the many ways
Mr.Overstreet has assisted the American Legion Post 14,
especially for his assistance and coordination in working
with the statue in pioneer Park.
TOURNAMENT OF ROSES PRESENTATION
Richard Bennecke, Executive Assistant to the Mayor,
introduced Jack Bigger, current Vice President and Presi-
dent-Elect of the Tournament of Roses Association, and
Thelma Press, Director of Cultural and International
Affairs.
Thelma Press introduced George Wright, who was the
liaison between the City and the Tournament of Roses for
the past year.
Mayor Wilcox presented Mr. Wright with a pin of the
City of San Bernardino.
Mr. Jack Bigger presented
the City's last float entry
Fantasy".
to the Mayor a picture of
entitled "Festival of
Mayor wilcox accepted the picture on behalf of the
Tournament of Roses Committee, and expressed her thanks to
them for all their assistance and dedication.
SAN BERNARDINO COMMUNITY AGAINST DRUGS - DONATIONS
TO POLICE DEPARTMENT
Jeri Simpson, Director, San Bernardino Community
Against Drugs, stated that $25,000 had been raised at a
fund raiser in September, 1986, and from that fund, $8,700
had been given to the Police Department to use in the
fight against drug use. (B)
Police Chief Burnett explained the equipment pur-
chased with the funds from the San Bernardino Community
Against Drugs. The first is a heat sensing device which
is used in detecting an unusual amount of heat in a build-
ing which may indicate a narcotics laboratory manufactur-
ing drugs. The second is a transceiver, a hidden device
used in recording conversations which may be used as
evidence in court. A portion of the funds will be used
for a Drug Free Event which will be attended by children
in elementary school who have attended a Drug Abuse Resis-
tance Education Program, as a reinforcement Program.
HEARING - STREET VACATION - PORTION OF FIFTH
STREET, EAST OF MERIDIAN AVENUE
This is the time and place set for a hearing
sider the vacation of a portion of 5th Street,
Meridian Avenue.
to con-
east of
(46 )
In a memorandum dated February 23, 1987, Roger Hard-
grave, Director of Public works/City Engineer, gave the
background of previous Council action on the proposed
vacation, and stated it was the opinion of the Engineering
Department that there was no further necessity for the
portion of Fifth Street, east of Meridian Avenue, either
for present or prospective street purposes, and recom-
mended its vacation.
Mayor wilcox opened the hearing.
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3/9/87
City Administrator Schweitzer stated that no protests
had been received.
City Administrator Schweitzer answered questions,
stating that an easement had been reserved for emergency
vehicles and public utilities.
RES. 87-56 - RESOLUTION OF THE CITY OF SAN
BERNARDINO VACATING THAT PORTION OF 5TH
STREET, EAST OF MERIDIAN, IN THE CITY OF
SAN BERNARDINO AND RESERVING AN EASEMENT
FOR SEWERS AND APPURTENANT FACILITIES, AN
EASEMENT FOR PUBLIC UTILITIES, AND AN EASE-
MENT FOR ACCESS FOR THE SAN BERNARDINO CITY
POLICE AND FIRE DEPARTMENTS FOR EMERGENCY
VEHICLES. (46)
City Clerk Clark read the title of the resolution.
Council Member Frazier made a motion, seconded by
Council Member Reilly and unanimously carried, that the
hearing be closed and the Findings of Fact, as set forth
in the Staff Report from Roger G. Hardgrave, Director of
Public Works/City Engineer, as to why a portion of 5th
Street, east of Meridian Avenue, is no longer necessary
for street purposes, be adopted; that further reading of
the resolution be waived and said resolution be adopted.
Resolution No. 87-56 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Quiel, Frazier, Strickler. Noes: None. Absent:
None.
COUNCIL MEMBER FRAZIER EXCUSED
Council Member Frazier left the Council Meeting.
APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS'
DECISION - DEMOLISH EXISTING APARTMENT COMPLEX -
1721 NORTH CONEJO DRIVE - LOUIS ARIAS
This is the time and place set to consider an appeal
on the Board of Building Commissioner's decision to demol-
ish an existing apartment complex located at 1721 N.
Conejo Drive, filed by Louis Arias, on behalf of L.Y.W.
Investment Company. (48)
Mayor wilcox opened the hearing.
City Administrator Schweitzer agreed to do the fol-
lowing:
Direct Engineering Department to have on
the March 23, 1987 Agenda an item seeking
Council approval to begin vacation proceed-
ings for 17th Street east of Conejo.
Prior to Council meeting of April 6, 1987,
arrange a meeting with appellant, Planning,
Engineering Departments and City Attorney's
Office, in order that all requirements are
made known to the appellant.
Provide an Agenda item on April 6, 1987,
giving a report on the status of the mat-
ter. Also, to ascertain a date from Engi-
neering as to when the final hearing on the
street vacation will be before the Mayor
and Common Council, in order that the
Council can continue the Board of Building
Commissioner's recommendation, so that both
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3/9/87
will appear on the same Agenda.
proximately three months).
( I n ap-
To request appellant and City Attorney to
have all necessary documents and agreements
signed, filed or ready for Mayor and Common
Council approval at this meeting, which
will probably be in June or July, 1987.
Council Member Reilly made a motion, seconded by
Council Member Estrada and unanimously carried, that the
appeal hearing on the Board of Building Commissioner's
decision to demolish an existing apartment complex at 1721
N. Conejo Dr., be continued to April 6,1987, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California, with a report back from City Ad-
ministrator Schweitzer.
APPROVE MINUTES - FEBRUARY 16, 1987
Council Member Flores made a motion, seconded by
Council Member Estrada 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 16th day of
February, 1987, as submitted in typewritten form. (1)
APPROVE MINUTES - FEBRUARY 19, 1987
Council Member Flores made a motion, seconded by
Council Member Estrada 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 19th day of
February, 1987, as submitted in typewritten form. (2)
AUTHORIZATION FOR SUBMISSION - RENEWAL APPLICATION -
FEDERAL ACTION AGENCY - TWO VISTA VOLUNTEERS
In a memorandum dated February 23, 1987, Annie F.
Ramos, Director, Parks, Recreation and Community Services,
presented the background of the Vista Volunteers, stating
this had been a valuable program, both for the community
and for the Volunteers who needed work and training oppor-
tunities. The program is funded by an ACTION Grant, at no
cost to the City. Approval of the application for renewal
was recommended. (3)
Council Member Flores made a motion, seconded by
Council Member Estrada and unanimously carried, that ap-
plication for renewal of two Vista Volunteers to the Fed-
eral Action Agency be approved.
ENCANTO FIELD - REQUEST FOR WAIVER OF FEES - SAN
BERNARDINO COUNTY SHERIFF'S DEPARTMENT FOR TOYS
FOR TOTS TOURNAMENT - APRIL 11 & 12, 1987
In a memorandum dated February 9, 1987, Annie F.
Ramos, Director, Parks, Recreation and Community Services,
explained that the San Bernardino County Sheriff's Depart-
ment had requested the waiver of the rental fee of $100
for the use of two Encanto softball fields and lights for
conducting the annual "TOys for Tots" softball tournament
on April 11 and 12, 1987. (4)
Council Member Flores made a motion, seconded by
Council Member Estrada and unanimously carried, that the
fees be waived for the use of Encanto Fields on April 11
and 12, 1987, by the San Bernardino County Sheriffs for
the TOys for Tots Tournament.
CIVITAN LITTLE LEAGUE - REQUEST FOR ASSISTANCE -
ELECTRICAL FEES
In a memorandum dated February 11, 1987, Annie F.
Ramos, Director, Parks, Recreation and Community Services,
explained that Civitan Little League, formerly the princi-
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3/9/87
pal user of Fiscalini Field, had relocated to Aquinas High
School in order for the City to accommodate the new minor
league baseball team. Civitan's arrangement with the
school entails only that they pay for the cost of lights.
Civitan has requested that the City assist for one year
only in the amount of $1,148 for lighting costs. (5)
Council Member Flores made a motion, seconded by
Council Member Estrada and unanimously carried, that
$1,148 from the Recreation Electrical Energy Account be
approved to assist Civitan Little League with electrical
energy costs for the 1987 season.
SAN BERNARDINO STING (FORMERLY SAN BERNARDINO
STARS) - REQUEST FOR FINANCIAL SUPPORT - FRANK
A. JIMENEZ
In a letter dated February 17, 1987, Frank A. Jime-
nez, San Bernardino Sting, 1215 W. 27th Street, San Ber-
nardino, CA 92405, requested financial assistance in the
amount of $5,000, to assist the newly formed Men's Major
League Fast Pitch Softball team, known as San Bernardino
Sting, formerly San Bernardino Stars. Mr. Jimenez ex-
plained how the team represents the City in various other
cities through the sport. (6)
Council Member Flores made a motion, seconded by
Council Member Estrada and unanimously carried, that the
request for financial support in the amount of $5,000 from
Mr. Frank Jimenez on behalf of San Bernardino Sting (form-
erly known as San Bernardino Stars) be referred to the
Ways and Means Committee.
PERSONNEL CLERK I - PERSONNEL DEPARTMENT -
AUTHORIZATION TO FILL POSITION
In a memorandum dated February 17, 1987, M. J. Per-
lick, Director of Personnel, explained that the Council
Personnel Committee had recommended that the budgeted
position of Personnel Clerk I in the Personnel Department
be filled at this time. This action would enable the
Personnel Department to implement the desired "open and
continuous" Law Enforcement Trainee recruitment process,
as requested and approved by Police Chief Burnett and
Affirmative Action Director Juanita Scott. Ms. Perlick
stated that money for this position is available in this
year's budget. (7)
Council Member Flores made a motion, seconded by
Council Member Estrada and unanimously carried, that the
filling of the budgeted position of Personnel Clerk I,
Personnel Department, be authorized.
FISCALINI FIELD - CHANGE ORDER NO. ONE - DELETION
TO CONTRACT - GDM ELECTRICAL CONSTRUCTION - UPGRADE
OF BALLFIELD LIGHTING
In a memorandum dated February 25, 1987, Roger Hard-
grave, Director of Public Works/City Engineer, explained
the reason for Change Order No. One to the contract with
GDM Electrical Construction Co. to upgrade ballfield
lighting at Fiscalini Field in perris Hill Park. The
Change Order would provide a decrease of $2,721.50 to the
contract price. (9)
Council Member Flores made a motion, seconded by
Council Member Estrada and unanimously carried, to approve
Change Order No. One to the contract with GDM Electrical
Construction, for upgrading lighting system of Fiscalini
Field in perris Hill Park, in accordance with Plan No.
7185; to authorize various additions and deletions as
7
3/9/87
shown on Revision No.2, dated 2/22/87, for a net decrease
in the contract price of $2,721.50 from $71,880.00 to
$69,158.50.
SOUTHERN PACIFIC PIPELINES, INC. - APPROVAL OF
APPLICATION - INSTALLATION OF PIPELINE BETWEEN
HUNTS LANE AND EAST CITY LIMITS
In a memorandum dated February 25, 1987, Roger Hard-
grave, Director of Public Works/City Engineer, gave the
background of the franchise granted to the Southern Pacif-
ic Pipeline, Inc., by Resolution No. 82-308. The applica-
tion for a proposed 20-inch pipeline which will cross
Hunts Lane south of the railway crossing, then parallel
the railway to the Waterman Avenue Frontage Road, then
south to Industrial Road, then east to the easterly City
Limits, has been reviewed by the City Attorney's Office.
(10)
Council Member Flores made a motion, seconded by
Council Member Estrada and unanimously carried, that the
application from Southern Pacific Pipelines, Inc. for
authorization to install a 20-inch pipeline along the
south side of the Southern Pacific Railway, between Hunts
Lane and the easterly City Limits at Gage Canal, be ap-
proved, subject to payment of 2% of gross annual proceeds,
maintain surety bond in effect, obtain street cut permits,
and securing clearance from the City's Environmental Re-
view Committee; and providing appropriate traffic control.
KENDALL AND PINE DRAINAGE CONSTRUCTION ASSESSMENT
DISTRICT - 1911 IMPROVEMENT ACT PROJECT -
AUTHORIZATION TO PROCEED
In a memorandum dated February 16, 1987, Roger Hard-
grave, Director of Public Works/City Engineer, stated that
a petition had been received requesting the formation of
an assessment district for the construction of a storm
drain and appurtenant facilities in portions of Kendall
Drive, between Pine Avenue and Devil's Canyon Flood Con-
trol Channel. The signatures were checked and found to
represent 100% of the area of the property to be assessed
for the proposed improvement. (11)
Council Member Flores made a motion, seconded by
Council Member Estrada and unanimously carried, that the
City Engineer and City Clerk be authorized to proceed with
the establishment of an assessment district under the
provisions of the Municipal Improvement Act of 1911 and
that the City Engineer be directed to prepare an Engi-
neer's Report for the proposed construction of a storm
drain and appurtenant facilities in portions of Kendall
Drive, between Pine Avenue and Devil's Canyon Flood Con-
trol Channel, in the City of San Bernardino.
TRAFFIC ARTERIES - RECONSTRUCTION/RESURFACING
In a memorandum dated February 25, 1987, Manuel
Moreno, Jr., Director, Public Services, listed three major
traffic arteries in need of resurfacing: Mt. Vernon, Mill
to Second Street; Arrowhead, Mill to Rialto Avenue; Base
Line, Mt. Vernon to "H" Street. Also proposed was resur-
facing with a one inch overlay, using City Forces: "H"
Street, Inland Center Dr. to Huff; "H" Street, Ninth
Street to Base Line; Rialto, Sierra Way to Waterman; and
if unused Contingency amount permits: Mt. View, Electric
to 40th Street. (13)
Council Member Flores made a motion, seconded by
Council Member Estrada and unanimously carried, that the
Purchasing Agent be authorized to advertise for bids for
heater/scarifying/rejuvenating work on the streets in-
cluded in the Public Services Director's Report Section I,
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3/9/87
dated February 25, 1987, and that the Director be author-
ized to proceed with the resurfacing of the streets indi-
cated following the completion of the contract work at a
cost of approximately $260,000.00.
AMENDED CLAIM - SAN BERNARDINO WEST SIDE COMMUNITY
DEVELOPMENT CORPORATION - JOHN EVANS
In a letter dated February 24, 1987, John Evans,
Projects Manager, San Bernardino West Side Community De-
velopment Corporation, requested consideration of replace-
ment costs for damaged carpet in the amount of $2,000 as a
result as sewage backup in the T. Hughes Office Building.
Additional correspondence concerning a previous claim was
attached. (14)
Council Member Flores made a motion, seconded by
Council Member Estrada and unanimously carried, that the
request for authorization to submit an amended claim in
the amount of $2,000 relative to a sewer system backup at
1777 W. Baseline from John Evans, Project Manager, San
Bernardino West Side Community Development Corporation, be
referred to the City Attorney for review and recommenda-
tion.
CLAIMS AND PAYROLL
Council Member Flores made a motion, seconded by
Council Member Estrada and unanimously carried, to approve
demands against the City and authorize the issuance of
warrants as follows: (15)
1. Approve the register of demands dated:
February 12, 1987
February 17, 1987
86/87 #23
86/87 #24
$ 878,159.10
1,212,939.45
2. Approve the total gross payroll for the period
January 19, 1987, through February 1, 1987, in
the amount of $1,293,729.25.
PERSONNEL ACTIONS
Council Member Flores made a motion, seconded by
Council Member Estrada 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 as follows: (16)
APPOINTMENTS
City Administrator/Community Development
Kenneth L. Florence - Loan Officer - Effective
March 10, 1987
Nestor Nazario - Rehabilitation Coordinator -
Effective February 17, 1987
Police Department
James A. Bowen - Police Officer - Effective
March 23, 1987
James R. Keesling - Police Officer - Effective
March 10, 1987
Fire/Dispatch
Danny A. Winne - Dispatcher II - Effective
February 25, 1987
Parks, Recreation & Community Services
Lorna J. Royse - Account Clerk - Effective
March 10, 1987
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3/9/87
Public Services/Refuse
Paul J. Rodriquez - Refuse Operator I -
Effective March 10, 1987
TEMPORARY APPOINTMENTS
Police Department
Law Enforcement Trainee - Effective March 23, 1987
Andrew A. Aceves
Ronald A. Van Rossum
Parks, Recreation & Community Services
Recreation Aide/Part-Time - Effective March 10, 1987
Nicholas E. I. Alexander
Phillip R. Rey
Bernadett D. Brewster
Dorothy M. Beason - Senior Services Aide - Effective
March 10, 1987
Recreation Leader - Effective March 10, 1987
Theresa Holloway
Joseph P. Jefferson
TEMPORARY PROMOTIONS
Public Works/Public Buildings
Custodial Aide III - Effective March 10, 1987
Jesus C. Hernandez
Gabino Tucker, Jr.
Wilbur Murray
PROMOTION
Planning Department
Donald M. Williams - Assistant Planner - From
Planning Aide to Assistant Planner - Effective
March 10, 1987
LEAVE OF ABSENT WITHOUT PAY
Public Works/Public Buildings
Sally Alcaraz - Custodian - January 13, 1987
through April 13, 1987 - Effective January 13, 1987
Francisco Vela - Custodian - February 5, 1987
through February 15, 1987 - Effective February
5, 1987
LEAVE OF ABSENCE WITHOUT PAY/ MILITARY LEAVE
Emergency Services/Communications
Larry W. Gatlin - Communications & Electroncis
Technician - March 3, 1987 through March
12, 1987 - Effective March 3, 1987
LEAVE OF ABSENCE WITHOUT PAY/MATERNITY
SBETA - Administration
Vivian C. Gutierrez - Staff Analyst I (JTPA) -
February 6, 1987 through June 1, 1987 -
Effective February 6, 1987
COUNCIL MEMBER FRAZIER RETURNED
Council Member Frazier returned to the Council Meet-
ing and took his place at the Council Table.
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3/9/87
LOCAL TRANSPORTATION IMPROVEMENT PROGRAM (TIP)
AUTHORIZATION FOR SUBMITTAL TO SANBAG
In a memorandum dated February 10, 1987, Roger Hard-
grave, Director of Public Works/City Engineer, presented a
list of proposed transportation improvement projects iden-
tified in the Local Transportation Improvement Program
(TIP) for the City for FY 1988 through 1992. Mr. Hard-
grave stated that the purpose of the TIP process is to
coordinate County and Regional level planned expenditures
of Federal, State and local dollars in transportation im-
provement projects. The program is flexible and subject
to further revision, deletion and addition. (8)
Council Member Frazier made a motion, seconded by
Council Member Quiel and unanimously carried, that the
matter regarding the Local Transportation Improvement
Program (TIP) be continued until the Director of Public
Works/City Engineer can be present to answer questions.
(See page 12)
ASSESSMENT DISTRICT NO. 962 - PINE AND BELMONT
SEWER LIFT STATION MAINTENANCE DISTRICT -
AUTHORIZATION TO AMEND BOUNDARIES
In a memorandum dated February 20, 1987, Roger Hard-
grave, Director of Public Works/City Engineer, stated that
a petition had been received requesting the formation of
an assessment district for the maintenance of a sewer lift
station for Tentative Tract No. 13436. This subdivision,
however, can be tied into the existing lift station to be
relocated in Tract No. 13036 and which, when upgraded,
will serve all the area presently in Assessment District
No. 962, plus the Tentative Tract No. 13436. (12)
Council Member Frazier made a motion, seconded by
Council Member Quiel and unanimously carried, that the
matter regarding the Sewer Lift Station Maintenance Dis-
trict, Assessment District No. 962, be continued until the
Director of Public works/City Engineer can be present to
answer questions. (See page 13)
BOND IN LIEU OF UNDERGROUND UTILITIES - ASSURED
MINI-STORAGE - 2650 HIGHLAND AVENUE
In a memorandum dated February 20, 1987, City Admin-
istrator Schweitzer stated that a request had been re-
ceived from the developer of the mini-storage complex at
2650 East Highland Avenue, for a waiver of the requirement
to underground utilities. At the meeting of the Mayor and
Common Council held February 16, 1987, the matter was
referred to the Legislative Review Committee. (17)
City Administrator Schweitzer explained that this
matter had been discussed at the Legislative Review Com-
mittee and it was agreed that Assured Mini-Storage could
place a bond in lieu of undergrounding utilities until the
resolution concerning this issued had been passed.
Bob Reynolds, on behalf of Assured Mini-Storage,
stated he was present to officially oppose any bonding in
lieu of undergrounding.
The Mayor and Council discussed the question of why
Assured Mini-Storage was not aware of the undergrounding
requirement prior to the beginning of their development.
Bob Reynolds, Assured Mini-Storage, stated his com-
pany had final approved plans stamped by the City and
there was no mention on the plans at that time that under-
ground utilities were required. Mr. Reynolds explained
that they received a phone call from the Engineering De-
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3/9/87
partment two weeks later stating that they had to remove
all existing poles in front of the property and under-
ground all utilities.
Roger Hardgrave, Director of Public Works/City Engi-
neer, answered questions, stating that the requirement of
undergrounding is a condition of approval, but in its
present form is short, unclear and can be overlooked. The
Department is trying to improve the language.
Bob Reynolds, Assured Mini-Storage, stated that in
his opinion the resolution under consideration contained
broad and sweeping language and suggested that there be
notice and hearing so that other interested persons could
be involved in discussing the proposed language.
Council Member Quiel made a motion, seconded by
Council Member Strickler and unanimously carried, that the
matter of undergrounding utilities by Assured Mini-Storage
be referred to the Legislative Review Committee, to come
back to Council at the same time as the proposed under-
grounding costs policy, which is now before the Legisla-
tive Review Committee. Staff was also instructed to noti-
fy the BIA and any other appropriate interested persons
who might want to sit in on the Legislative Review Commit-
tee meeting to be held on Thursday, March 19, 1987, at
2:1313 p.m.
LOCAL TRANSPORTATION IMPROVEMENT PROGRAM (TIP) -
AUTHORIZATION TO SUBMIT TO SANBAG - CONTINUED FROM
EARLIER IN THE MEETING
In a memorandum dated February 113, 1987, Roger Hard-
grave, Director of Public Works/City Engineer, presented a
list of proposed transportation improvement projects iden-
tified in the Local Transportation Improvement Program
(TIP) for the City of San Bernardino for FY 1988 through
1992. The purpose of the TIP process is to coordinate
County and Regional level planned expenditures of Federal,
State and local dollars in transportation improvement
projects. The program is flexible and subject to further
revision, amendment, deletion and addition. (See page 11)
(8 )
Roger Hardgrave, Director of Public Works/City Engi-
neer, answered questions regarding the process of prepar-
ing the list of proposed highway projects. He explained
that the projects must be submitted in a timely manner to
qualify for the funds. The list may be amended at a later
time by the Mayor and Common Council during the budget
process.
The Mayor and Common Council discussed the chronology
of the process, and whether or not these funds can be used
to alleviate serious flooding problems in the City.
Roger Hardgrave, Director of Public Works/City Engi-
neer, answered questions regarding using TIP Funds for
flood control, stating that they can be used to alleviate
flooding conditions on a roadway. He explained that there
is a Storm Drain Construction Fund and there will be bud-
get proposals submitted for this at a later date.
City Administrator Schweitzer explained that most of
the projects listed had been previously reviewed by the
Mayor and Council, and there are only a few that have not
been before this body for consideration. Amendments to
the list can be made by the Mayor and Council during the
budget process, as long as the changes do not alter the
total amount of money allowed.
12
3/9/87
Council Member Frazier made a motion, seconded by
Council Member Quiel and unanimously carried, that the
tabulation of Highway Projects, for the Local Transporta-
tion Improvement Program (TIP) for FY 1988 through 1992,
be approved, and authorization granted to submit these
projects to SANBAG.
ASSESSMENT DISTRICT NO. 962 - PINE AND BELMONT
SEWER LIFT STATION MAINTENANCE DISTRICT -
AUTHORIZATION TO AMEND BOUNDARIES - CONTINUED
FROM EARLIER IN THE MEETING
In a memorandum dated February 20, 1987, Roger Hard-
grave, Director of Public Works/City Engineer, stated that
a petition had been received requesting the formation of
an assessment district for the maintenance of a sewer lift
station for Tentative Tract No. 13436. This subdivision,
however, can be tied into the existing lift station to be
relocated in Tract No. 13036, and which will serve all the
area presently in Assessment District No. 962, plus the
Tentative Tract No. 13436. (See page 11) (12)
Roger Hardgrave, Director of Public Works/City Engi-
neer, answered questions.
Council Member Quiel made a motion, seconded by
Council Member Reilly and unanimously carried, that the
City Engineer and City Clerk be authorized to initiate
proceedings for the expansion of boundaries of Assessment
District No. 962 (east of Pine, south of Belmont Sewer
Lift Station Maintenance District) under the provisions of
Chapter 12.90.060 of the San Bernardino Municipal Code and
Section 3113 of the Streets and Highways Code of the State
of California.
HEARING - COURT-ORDERED HEARING - CLAIM OF EXEMPTION
FROM SCHOOL IMPACTION FEES - LANDTECH, INC.
This is the time and place set for a hearing to con-
sider the Court-ordered hearing regarding the claim of
exemption from school impaction fees by LandTech, Inc.
(47)
DEPUTY CITY ATTORNEY GRACE ARRIVED
Deputy City Attorney Grace arrived at the Council
Meeting and replaced Assistant City Attorney Sabourin.
Mayor Wilcox opened the hearing.
City Clerk swore in patricia Necochea, Plaza Develop-
ment; Frank Ayala, San Bernardino Unified School Dis-
trict; and Attorney Gary Smith.
Cynthia Grace, Deputy City Attorney, explained that
there is a lengthy administrative history regarding this
matter and recommended that Council Members Flores and
Maudsley abstain unless they had had an opportunity to
review the record.
Council Member Flores stated he had reviewed the
record. (Mr. Flores later abstained)
Council Member Maudsley stated he would abstain.
Deputy City Attorney Grace presented a revision to
the Findings of Fact and Conclusions of Laws in Support of
Denial of Exemption from School Impaction Fees: Page 1,
line 10, following "further proceedings." add "The Mayor
and Common Council have reviewed the evidence in this
appeal including the records, reports and files of both
the Mayor and Common Council and the Legislative Review
Committee."
13
3/9/87
Deputy City Attorney Grace explained this hearing is
not for the purpose of taking new testimony, but because
the Court ordered a public hearing. Apparently Mr. Smith,
attorney representing LandTech, did not receive notice of
the previous hearing, although his client did. The oppor-
tunity is now being provided for Mr. Smith to make any
additional comments or objections to the evidence that he
might have made at the earlier hearing. Another purpose of
the hearing is to adopt the Findings of Fact and Conclu-
sions of Laws in Support of denial of Exemption from
School Impaction Fees.
Deputy City Attorney Grace answered questions regard-
ing the Findings of Fact document.
Council Member Flores stated he would abstain on this
matter.
Mr. Gary Smith, attorney representing LandTech,
stated he was surprised that the Council backup did not
include the Statement of Decision which outlines the find-
ings of the Court concerning the issues. Mr. Smith also
stated that the Court made specific findings with respect
to certain issues.
Deputy City Attorney Grace answered questions.
Gary Smith, attorney representing LandTech, reviewed
what was included in the Statement of Decision. He also
referred to a veto of the original vote to deny the exemp-
tion, and other City actions, which included a letter
dated November 18, 1987 from the City Clerk, and consider-
ation of this issue by the Legislative Review Committee.
Mayor wilcox explained that the veto was against the
appeal of the School District, and she had been advised by
legal counsel that there should not be a veto of a legal
opinion of counsel.
Deputy City Attorney Grace reaffirmed her earlier
statement that the explicit purpose of this hearing is to
adopt the Findings of Fact and Conclusions of Law and
allow Mr. Smith to make any objections he wished to make
in evidence that has been previously introduced into the
record.
Mr.
stated he
complete
have been
Gary Smith, attorney representing LandTech,
felt the information being considered is not
and that only a portion of Judge Krug's findings
considered by the Council.
Deputy City Attorney Grace answered questions regard-
ing an extension of time, stating that it may be possible
to obtain one, as Deputy City Attorney Wilson had planned
to request an extension to prepare further documents.
Mr. Gary Smith had no objection to an extension of
time.
Council Member Quiel made a motion, seconded by
Council Member Estrada, that the hearing concerning the
claim of exemption from School Impaction Fees by LandTech,
Inc. be continued to March 23, 1987, at 4:00 p.m., at a
Closed Session in the Conference Room of the Council Cham-
bers, 300 North "D" Street, San Bernardino, California,
with instructions to Legal Counsel to prepare a complete
briefing on this matter.
14
3/9/87
The motion carried by the following vote: Ayes:
Council Members Estrada, Reilly, Quiel, Frazier,
Strickler. Noes: None. Absent: None. Abstain:
Council Members Flores, Maudsley.
ASSISTANT CITY ATTORNEY SABOURIN RETURNED
Assistant City Attorney Sabourin returned to the
Council Meeting and replaced Deputy City Attorney Grace.
REDEVELOPMENT AGENCY - ADJOURNED REGULAR MEETING
The Adjourned Regular Meeting of the Redevelopment
Agency was called to order by Chairman Wilcox in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RES. 87-57 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF AN AGREEMENT BETWEEN THE RE-
DEVELOPMENT AGENCY OF THE CITY OF SAN BER-
NARDINO AND THE CITY OF SAN BERNARDINO TO
SHARE THE TOTAL COST FOR THE SERVICES PRO-
VIDED BY AN EMPLOYEE ASSISTANCE PROGRAM FOR
AGENCY AND CITY EMPLOYEES. (R-9)
City Clerk Clark 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. 87-57 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Quiel, Frazier, Strickler. Noes: None. Ab-
sent: None.
RES. 87-58 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF AN AGREEMENT WITH EMPIRE ECON-
OMICS FOR A HOUSING MARKET STUDY. (26)
City Clerk Clark read the title of the resolution.
Council Member Strickler made a motion, seconded by
Council Member Quiel, and unanimously carried, that fur-
ther reading of the resolution be waived and said resolu-
tion be adopted.
Ken Henderson, Director, Community Development, an-
swered questions, stating that the information received
from a Housing Market Study would be used in determining
housing needs and will help provide a balanced housing
mix for the City. Mr. Henderson explained that a compre-
hensive housing policy had already been adopted by the
Mayor and Common Council.
Resolution No. 87-58 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Quiel, Frazier, Strickler. Noes: None. Ab-
sent: None.
RES. 87-59 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR PROFESSIONAL SERVICES WITH
INTERDESIGN RELATING TO PRELIMINARY DESIGN
STUDIES AND TENANT IMPROVEMENT PLANS IN
CONNECTION WITH THE REMODELING OF CITY
HALL. (36)
City Clerk Clark read the title of the resolution.
15
3/9/87
Council Member Reilly made a motion, seconded by
Council Member Estrada and unanimously carried, that fur-
ther reading of the resolution be waived.
COUNCIL MEMBER FRAZIER EXCUSED
Council Member Frazier left the Council Meeting.
City Administrator Schweitzer answered questions,
stating that three firms had been interviewed by the Re-
development Agency prior to the hiring of Interdesign for
remodeling their department. He explained that Carol
Hatch of Interdesign had then designed the Water Depart-
ment remodeling, in addition to the Redevelopment Agency.
Subsequently, sketches of the proposed remodeling of all
floors except the Redevelopment Agency and Water Depart-
ment were submitted.
The Mayor and Common Council discussed the use of
Request for Proposals (RFPs) and whether or not local
businesses are contacted to allow them to bid on projects.
City Administrator Schweitzer answered questions,
stating that the City does not bid for professional ser-
vices, and outlined what factors are considered to deter-
mine whether RFPs or negotiations are used in selecting
services.
The Council expressed concern that local businesses
are not notified and given an opportunity to bid on proj-
ects being planned for City Hall, and suggested that a
policy regarding this matter be established.
Mayor Wilcox requested that the position of Special
Assistant to the Mayor be added to the Design Development
Team, as listed on page 5 of the Agreement.
Council Member Reilly made a motion, seconded by
Council Member Quiel and unanimously carried, that said
resolution be adopted as amended by adding the position of
Special Assistant to the Mayor to the Design Development
Team, as listed on page 5 of the Agreement, and that
names be eliminated and only titles be used.
Resolution No. 87-59 was adopted, as amended,
following vote: Ayes: Council Members Estrada,
Flores, Maudsley, Quiel, Strickler. Noes: None.
Council Member Frazier.
by the
Reilly,
Absent:
LEGISLATIVE REVIEW COMMITTEE REPORT - FEBRUARY
19, 1987
Council Member Strickler, Chairman of the Legislative
Review Committee, gave the report of the meeting of the
Legislative Review Committee held on February 19, 1987.
The following items were discussed: (18)
1. ~i.!Y policy on Underground Utilities -
Item continued. Resolution to be "cleaned
up" and brought back to Committee.
(a) Assured Mini Stor~ Undergounding
-Mr. Reynolds and Roger Hardgrave to review
frontage and voltage and return with a
recommended solution.
2. ~~eement Termination - Installation/
Maintenance of Electrical Fountain - Na-
"tTonalorangeShow--=Comm i tte-er ecommended ,
with Mr. Quiel abstaining, to pay National
Orange Show utility bill of $6,000, $5,050
for fountain repair, and terminate the
16
3/9/87
agreement between National Orange Show and
City. This will include cancellation of
the helicopter operation amendment.
3. Res. #87-1 - Adopting Procedures for
the Ralph M. Brown Act - The Committee
recommended approval of the resolution as
presented.
4. Discussion of Uniform Environmental
Health Code and Vector Control Program -The
Committee recommended continuation of the
Vector Control Program until March 12 meet-
ing to give staff time to review and make
recommendations, to include fee analysis.
The EHC was continued for four weeks to
allow City Administrator and City Attorney
to analyze in concert with the affected
departments.
Council Member Strickler made a motion, seconded by
Council Member Quiel and unanimously carried, that the
minutes of the Legislative Review Committee meeting held
February 19, 1987, be received and filed.
WAYS AND MEANS COMMITTEE REPORT
There being no ways and Means Committee meeting or
report, Council Member Quiel made a motion, seconded by
Council Member Strickler and unanimously carried, that the
item be tabled. (19)
COUNCIL PERSONNEL COMMITTEE REPORT
There being no Council Personnel Committee meeting or
report, Council Member Quiel made a motion, seconded by
Council Member Strickler and unanimously carried, that the
item be tabled. (20)
READING AND WAIVING OF RESOLUTIONS
City Clerk Clark read the titles of all the resolu-
tions on the Council Agenda.
Council Member Strickler made a motion, seconded by
Council Member Reilly and unanimously carried, that fur-
ther reading of all the resolutions on the Council Agenda
be waived.
RECESS MEETING - LUNCHEON WITH FINE ARTS COMMISSION
At 11:57 a.m., Council Member Estrada made a motion,
seconded by Council Member Reilly and unanimously carried,
that the meeting recess to the Management Information
Center (MIC), Sixth Floor, Ci ty Hall, 3lHl North "0"
Street, San Bernardino, California, for a luncheon with
the Fine Arts Commission.
RECONVENE MEETING
At 2:05 p.m., the Adjourned Regular Meeting of the
Mayor and Common Council reconvened in the Council Cham-
bers of City Hall, 300 North "0" 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, Flores, Maudsley, Quiel, Strickler; As-
sistant City Attorney Sabourin, City Clerk Clark, City
Administrator Schweitzer. Absent: Council Member
Frazier.
17
3/9/87
COMMENDATION - WILLIAM J. WOOD - PRIVATE INDUSTRY
COUNCIL
Richard Bennecke, Executive Assistant to the Mayor,
read a commendation of the Mayor and Common Council of the
City of San Bernardino commending William J. Wood, for his
outstanding public service as a member of the Private
Industry Council and wishing him success in his future
endeavors. (S-2)
William J. Wood was present to accept the commenda-
tion.
CHANGE OF ZONE NO. 86-29 - FROM R-3, MULTIPLE
FAMILY RESIDENTIAL TO C-l, NEIGHBORHOOD COMMERCIAL -
SOUTH SIDE OF KENDALL DRIVE - EAST OF THE CENTER-
LINE OF UNIVERSITY PARKWAY - HAROLD KELVINGTON,
ET AL - CONTINUED FROM FEBRUARY 16, 1987
This is the time and place continued to for consider-
ation of Change of Zone No. 86-29, to change the land use
zoning district from R-3, Multiple Family Residential to
C-l, Neighborhood Commercial, filed by applicant Harold
Kelvington, et al., 5696 Arden Avenue, Highland, CA 92346,
on behalf of owner University Square, c/o Dennis Stafford,
647 N. Main Street, #2A, Riverside, CA 92501, which had
been recommended for approval by the Planning Commission,
with the exception of Lot No. 1 of Tract 12674. Said
property is located on approximately 1.63 acres having a
frontage of approximately 177 ft. on the south side of
Kendall Drive and located approximately 170 ft. east of
the centerline of University Parkway. (49)
Dave Anderson, Acting Planning Director, presented
the request for Change of Zone No. 86-29, stating that at
the meeting of the Planning Commission on February 3,
1987, the application for Change of Zone No. 86-29 was
recommended for approval, with the exception of Lot No.
One of Tract No. 12674.
Council Members Flores and Maudsley stated they would
abstain from voting on this Change of Zone.
The Mayor and Council discussed possible future vaca-
tion of an adjacent cul-de-sac and landscaping, which
would provide an asset to the area.
Council Member Quiel made a motion, seconded by
Council Member Strickler, to approve the responses to
comments and to adopt the Negative Declaration for envi-
ronmental impact which has been reviewed and considered;
to approve the findings and the recommendation of the
Planning Commission and to direct the City Attorney to
prepare the necessary amendments to the Zoning Ordinance;
to direct the Planning department staff to initiate a zone
change for Parcel No.1 of Tract No. 12674.
The motion carried by the following vote:
Council Members Estrada, Reilly, Quiel, Strickler.
None. Absent: Council Member Frazier. Abstain:
Members Flores, Maudsley.
Ayes:
Noes:
Council
APPEAL - PLANNING COMMISSION'S DENIAL - VARIANCE
NO. 86-32 - WALL SIGNAGE IN EXCESS OF MAXIMUM
NUMBER OF PERMITTED WALL SIGNS - 1630 AND 1680
SOUTH "E" STREET - SANVISTA DEVELOPMENT COMPANY
This is the time and place set to hear an appeal on
the Planning Commission's denial for Variance No. 86-32,
to allow the construction of wall signage on three sides
of two buildings in excess of the maximum number of per-
mitted wall signs and overall sign area on property con-
sisting of approximately 3.30 acres located at 1630 and
18
3/9/87
1680 South "E" Street. The appeal was
Davison, Principal, Sanvista Development
cant/Owner.
filed by Dean D.
Company, Appli-
(50)
Dave Anderson, Acting Planning Director, explained
the appeal and stated that at the meeting of the Planning
Commission on February 3, 1987, the application for Vari-
ance No. 86-32 was unanimously denied.
Council Member Quiel stated he would abstain from
participating in this matter, as he has had previous busi-
ness dealings with this development company.
COUNCIL MEMBER FRAZIER ARRIVED
At 2:15 p.m., Council Member Frazier arrived at the
Council Meeting and took his place at the Council Table.
Assistant City Attorney Sabourin advised Council
Members Flores and Maudsley to abstain on this matter.
Council Member Flores and Maudsley stated they would
abstain from voting on this matter.
Council Member Strickler made a motion, seconded by
Council Member Reilly, that the appeal on Variance No.
86-32 be referred back to the Planning Commission with a
report back at the Council Meeting of April 20, 1987, in
the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
Maxine King, half-owner of property located at 1723
South "E" Street, stated she was opposed to the signs, as
there are already too many and detract from the surround-
ing property.
The motion carried by the following vote: Ayes:
Council Members Estrada, Reilly, Frazier, Strickler. Noes:
None. Absent: None. Abstain: Council Members Flores,
Maudsley, Quiel.
APPEAL - PLANNING COMMISSION'S DENIAL - CONDITIONAL
USE PERMIT NO. 86-61 - PERMIT SALE OF ALCOHOLIC
BEVERAGES - OFF-SITE CONSUMPTION - SALE OF GASOLINE
IN C-l NEIGHBORHOOD COMMERCIAL ZONE - FORECAST CORP.
This is the time and place set to hear an appeal
filed by Joe Carman, Vice President, Forecast Corporation,
Owner, on the Planning Commission's denial of Conditional
Use Permit No. 86-61, to permit the sale of alcoholic
beverages for off-site consumption and to permit the sale
of gasoline in the C-l Neighborhood Commercial zone on
property located at the southeast corner of Mill Street
and Pepper Avenue. (51)
Dave Anderson, Acting Planning Director, explained
that at the meeting of the Planning Commission on February
3, 1987, the application for Conditional Use Permit No.
86-61 was denied based on incompatibility with the pro-
posed school site.
Mayor Wilcox opened the hearing.
Bruce Strickland, 7365 Hellman Avenue, Rancho Cuca-
monga, California 91730, representing Forecast Corpora-
tion, owners of the property in question, stated they
disagreed with the Planning Commission's decision that the
Circle K Market would not be compatible with the proposed
school site, as there is no school there at the present,
and he had a petition from surrounding neighbors who
wanted the market to be built there. Mr. Strickland
19
3/9/87
stated Forecast Corporation felt it
location, as the area is zoned to
stores.
is an
allow
appropriate
convenience
Police Chief Burnett stated on February 2, 1987, he
had written to the ABC protesting the location of a li-
cense at that site which is within 100 feet of the pro-
posed high school. He spoke of other establishments in
the neighborhood which already have an ABC license. He
spoke of his concern of other problems, such as loitering,
the use sale of drugs and narcotics, truancy, vandalism
and trash. He felt the store would present problems even
without the sale of alcohol.
Assistant City Attorney Sabourin answered questions
regarding the ABC license.
David Andrews, Superintendent of Rialto Unified
School District, introduced Lois Stancel, Facilities Plan-
ner.
Lois Stancel stated there was no question that the
school is going to be built, as the State directed its
construction, because Eisenhower High School could not be
enlarged to handle the growing number of students. Ms.
Stancel stated the purchase of the proposed site is being
negotiated and the anticipated date for occupancy of the
proposed high school is 1990.
Ms. Stancel answered questions, stating their main
concern with the proposed Circle K Market is the sale of
beer and wine, and gasoline.
Mr. Andrews, Superintendent, Rialto Unified School
District, answered questions, stating it is easier to
prevent the problem of sales of alcohol to students,
rather than trying to stop the problem after it exists.
Dave Anderson, Acting Planning Director, answered
questions.
Sam Fellows, Counsellor at Eisenhower High School,
Rialto, appealed to the Common Council to affirm the deci-
sion of the Planning Commission, taking the position that
the convenience market would pose an attractive nuisance.
He stressed the importance of making proper decisions
relating to young people, and particularly their school
attendance.
Doug Nye, representing Circle K International,
phoenix, Arizona, explained there are several Circle K
markets in San Bernardino and that most are company owned,
operated and supervised. Mr. Nye stated that the company
had done surveys, gotten proper planning in an area prop-
erly zoned for a convenience market and felt the proposed
project would be advisable. He reported that the Circle K
has a scholarship program, work referrals programs for
young people. Mr. Nye also stated that the tax revenue is
approximately $70,000 to $80,000.
Mr. Nye stated they would cooperate with the school
officials in certain restrictions in and around the market
that would assist in maintaining a satisfactory environ-
ment.
Glenn Schmesky, who lives approximately 100 yards
from the proposed Circle K Market spoke in opposition to
the project, as he didn't want a convenience store in the
area.
20
3/9/87
John Heywood, polygraph Examiner and Investigator,
spoke against the project, stating that he has seen shop-
lifting of beer and cigarettes in convenience markets with
nothing being done about it by the employee of the store.
He also stated he felt the stores were understaffed.
Mr. Nye responded by stating he would be glad to get
Mr. Heywood in touch with company officials to remedy any
such situation.
Joyce Dean, operator of pre schools, spoke in favor
of the proposed Circle K Market, as the parents of the
children in her schools had indicated their appreciation
of convenience markets. She stated she is considering
locating another school in this area.
Mr. Bruce Strickland, Forecast Corporation, stated
the zone and City ordinances allowed the proposed project
and it is an authorized use. He suggested a one year
review period to see how the project is received.
Council Member Estrada made a motion, seconded by
Council Member Frazier, to close the hearing, affirm the
decision of the Planning Commission to deny Conditional
Use Permit No. 86-61. The Findings of Fact for denial of
Conditional Use Permit No. 86-61 are as follows:
1. The proposed use conforms to the goals
and objectives of the San Bernardino Gen-
eral Plan.
2. The proposed use, the sale of alcoholic
beverages for off-site consumption, will
not be compatible with the proposed use of
a high school to the west across Pepper
Avenue. The sale of alcoholic beverages,
therefore, will adversely affect the growth
and development of the area in which it is
being proposed.
3. The si ze (0.63 acre) and rectangular
(regular) shape of the site are adequate to
allow full development of the proposed use
in a manner not detrimental to the parti-
cular area, nor to the peace, health, safe-
ty or general welfare of the residents of
the community.
4. The traffic generated by the proposed
use will not impose an undue burden on the
streets and highways designed and improved
to carry the traffic in the area. Adequate
parking will be provided on the site.
5. The granting of the conditional use
permit, to allow the sale of alcoholic
beverages for off-site consumption, will be
detrimental to the peace, health, safety or
general welfare of the citizens of San
Bernardino.
The motion carried by the following vote: Ayes:
Council Members Estrada, Flores, Maudsley, Frazier. Noes:
Council Members Reilly, Quiel, Strickler. Absent: None.
HIGHLAND AREA PLAN - REQUEST TO PROCEED WITH
PROCESSING
In a memorandum dated February 25, 1987, David Ander-
son, Acting Planning Director, stated that the Planning
Commission had directed the Planning Department staff to
21
3/9/87
submit a request to the Mayor and Council that they recon-
sider their decision to table the Highland Area Plan and
allow the Planning Commission to hold the public hearing
on March 17, 1987, and proceed with the processing of the
Area Plan (for ultimate placement on the Mayor and Council
agenda). (52)
Council Member Estrada made a motion, seconded by
Council Member Strickler and unanimously carried, to re-
consider the action taken by the Common Council at their
meeting of February 16, 1987, which was as follows: "That
the Planning Department be directed to set aside the High-
land Area Plan until the revisions are made to the General
Plan and the City catches up with the Highland Area Plan."
COUNCIL MEMBER FRAZIER EXCUSED
Council Member Frazier left the Council Meeting.
The Council discussed the misunderstanding that had
arisen concerning the decision made at the meeting of
February 16, 1987, as the intent was not to table the
Highland Area General Plan, but only to postpone action
until the City-Wide General Plan could "catch up".
Dave Anderson, Acting Planning Director, explained
the staff's recommendation.
Margaret C. Wright, Chairman of the Highland Area
Citizens Advisory Committee, made several suggestions for
future meetings of the Advisory Committee:
1. That the Council communicate its goals to the
Committee, and have a person in contact with the
Committee;
2. The Committee should elect a chairman as soon as
possible, and have a secretary to take minutes,
to be given to members prior to each meeting;
3. Meeting times and dates should be kept; and if
changed, provide proper notice to members;
4. The Council should urge accuracy at all times.
Ms. Wright stated a letter had been written and
signed by members of the Committee, to point out errors
made by the Planning Department, and requested that this
letter be incorporated into the East Valley Plan text.
Ms. Wr ight also urged accuracy in the mapping
process, to be realistic in proposed land use and zone
changes, encourage business people, as they support the
City through taxes, and notify property owners of any land
use changes that affects their property through individual
mailings.
John Lightburn, Planning Commissioner, expressed his
appreciation for the clarification of the Council's inten-
tion regarding the Highland Area Plan. Mr. Lightburn
recommended that a workshop be scheduled between the
Planning Commission and the Mayor and Council with suf-
ficient time to discuss all the issues. He also spoke of
the importance of hiring a new Planning Director to be
involved in the planning phases of the General Plan up-
date. Mr. Lightburn suggested an interim development
process to use during the time the General Plan is being
finalized.
22
3/9/87
Roy Nierman, Planning Commissioner, explained the
misunderstanding by the Planning Commission of the action
taken by the Common Council on February 16, 1987 regarding
the delay in going forward with the Highland Area Plan. He
spoke about the long time period before the Highland Area
Plan or General Plan update will be implemented, in which
many new developments will occur in the foothills. He
urged an interim plan to control the growth. He proposed
several alternatives:
1. Proceed with the Highland Area Plan even
though it means pushing back the General Plan;
2. Give staff time to assess the impact of multi-
family units in the foothills, with a possible
hold on these types of units;
3. Ignore the Highland Plan and temporary hold
on Multi-Family units in the foothills and
proceed with the General Plan.
Jody Scott, a member of the Advisory Committee, ex-
pressed concern over planning problems in the the entire
area, not just the foothills, such as random planning,
high density bonus, and traffic congestion. She also
suggested more accuracy in the maps.
Dave Anderson, Acting Planning Director, spoke of the
necessity of an environmental evaluation before the full
plan can be adopted.
It was the consensus of the Council that the Mayor
will choose a date and time for a workshop and notify all
interested parties.
City Administrator
regarding the recruitment
which is in progress now.
Schweitzer answered questions
of the new Planning Director,
Council Member Estrada made a motion, seconded by
Council Member Reilly, to reaffirm the Council action
taken on February 16, 1987, in which it was voted unani-
mously that the Planning Department be directed to set
aside the Highland Area Plan until the revisions are made
to the General Plan and the City catches up with the High-
land Area Plan.
The motion carried by the following vote: Ayes:
Council Members Estrada, Reilly, Flores, Strickler. Noes:
None. Absent: Council Members Quiel, Frazier. Abstain:
Council Member Maudsley.
RES. 87-60 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 87-1
ENTITLED IN PART "RESOLUTION . . . ADOPTING
PROCEDURES FOR COMPLIANCE WITH NEW PROVI-
SIONS OF THE RALPH M. BROWN OPEN MEETINGS
ACT"; TO LIMIT PUBLIC COMMENT BY EACH MEM-
BER OF THE PUBLIC TO FIVE MINUTES; AND TO
AUTHORIZE THE MAYOR OR COMMON COUNCIL TO
REFER ANY ITEMS INTRODUCED BY THE PUBLIC TO
STAFF OR COMMITTEE FOR APPROPRIATE ACTION.
(27)
Council Member Strickler made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
23
3/9/87
-l
Resolution No. 87-60 was
vote: Ayes: Council Members
Maudsley, Quiel, Str ickler.
Council Member Frazier.
adopted by the following
Estrada, Reilly, Flores,
Noes: None. Absent:
RES. 87-61 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF A SECOND AMENDMENT TO AGREE-
MENTS WITH THE COUNTY OF SAN BERNARDINO,
AND THE CITIES OF COLTON, LOMA LINDA, AND
REDLANDS RELATING TO ANIMAL SHELTER SER-
VICES. (28)
Council Member Strickler made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
Resolution No. 87-61 was
vote: Ayes: Council Members
Maudsley, Quiel, Strickler.
Council Member Frazier.
adopted by the following
Estrada, Reilly, Flores,
Noes: None. Absent:
RES. 87-62 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH ORANGE SHOW PLAZA ASSOCIATES
RELATING TO THE INSTALLATION OF A FREEWAY
SIGN AND MONUMENT SIGNS IN STREET RIGHTS-
OF-WAY FOR THE SAN BERNARDINO AUTO PLAZA
CENTER. (29)
Council Member Strickler made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
Resolution No. 87-62 was
vote: Ayes: Council Members
Maudsley, Quiel, Strickler.
Council Member Frazier.
adopted by the following
Estrada, Reilly, Flores,
Noes: None. Absent:
RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE DESTRUCTION OF CERTAIN
RECORDS BY THE CITY ATTORNEY'S OFFICE. (30)
City Clerk Clark answered questions regarding the
Records Management Program.
It was suggested that the proposed Records Management
Program documents be taken back to the Legislative Review
Committee for consideration and presentation to the full
Council.
Council Member Strickler made a motion, seconded by
Council Member Estrada and unanimously carried, that said
resolution be tabled.
COUNCIL MEMBER QUIEL EXCUSED
Council Member Quiel left the Council Meeting.
RES. 87-63 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNAR-
DINO SUPPORTING SENATE BILL 5, AN AMENDMENT
TO SECTIONS 311 AND 313 OF THE PENAL CODE,
RELATING TO OBSCENE MATTER. (31)
Council Member Strickler made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
Resolution No. 87-63 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Strickler. Noes: None. Absent: Council Mem-
bers Quiel, Frazier.
24
3/9/87
RES. 87-64 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF AN AGREEMENT WITH THE COUNSEL-
ING TEAM FOR PROVIDING AN EMPLOYEE ASSIS-
TANCE PROGRAM FOR CITY EMPLOYEES. (32)
Council Member Strickler made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
Resolution No. 87-64 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Strickler. Noes: None. Absent: Council Mem-
bers Quiel, Frazier.
RES. 87-65 - A RESOLUTION OF THE CITY OF
SAN BERNARDINO AMENDING RESOLUTION NO. 6413
ENTITLED IN PART "A RESOLUTION . . . ESTAB-
LISHING A BASIC COMPENSATION PLAN FOR OFFI-
CERS AND/OR EMPLOYEES OF THE CITY OF SAN
BERNARDINO. . ." TO REVISE THE PROCEDURE
FOR MERIT INCREASES. (33)
Council Member Strickler made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
Resolution No. 87-65 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Strickler. Noes: None. Absent: Council Mem-
bers Quiel, Frazier.
RES. 87-66 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 6413
ENTITLED IN PART, "RESOLUTION. . . ESTAB-
LISHING A BASIC COMPENSATION PLAN. "
AND PROVIDING A PAY INCREASE FOR THE PART-
TIME CLASS OF FOOD SERVICE SUPERVISOR I
FROM $5.7404 TO $6.0274/HR.; FOOD SERVICE
SUPERVISOR II FROM $7.4548 TO $7.8275/HR.;
FOOD SERVICE WORKER I FROM $4.7074 TO
$4.9428/HR.; FOOD SERVICE WORKER II FROM
$5.1875 TO $5.4469/HR.; AND KITCHEN HELPER
FROM $4.4838 TO $4.7080/HR.; EFFECTIVE
RETROACTIVE TO JULY 1, 1986 AND PROVIDING A
PAY INCREASE FOR THE PART-TIME CLASS OF
SUPERVISING LIFEGUARD FROM $5.50 TO
$6.50/HR.; SENIOR LIFEGUARD FROM $4.75 TO
$5. 75/HR.; AND LIFEGUARD FROM $4.25 TO
$5.00/HR. (34)
Council Member Strickler made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
Resolution No. 87-66 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Strickler. Noes: None. Absent: Council Mem-
bers Quiel, Frazier.
RES. 87-67 - A RESOLUTION OF THE CITY OF
SAN BERNARDINO GRANTING AN EASEMENT TO
SOUTHERN CALIFORNIA EDISON COMPANY, A COR-
PORATION, OVER CITY OWNED PROPERTY LOCATED
A T NEWMARK NO. 1 WELL, SAN BERNARD I NO,
CALIFORNIA. (35)
Council Member Strickler made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
25
3/9/87
-l
Resolution No. 87-67 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Strickler. Noes: None. Absent: Council Mem-
bers Quiel, Frazier.
RES. 87-68 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 2482
ENTITLED IN PART "A RESOLUTION . . . DESIG-
NATING CERTAIN STREET INTERSECTIONS WHERE A
STOP IS REQUIRED. ." TO AUTHORIZE THE
INSTALLATION OF A TWO-WAY STOP SIGN ON
CITADEL AVENUE AT COLLEGE AVENUE. (39)
Council Member Reilly made a motion, seconded by
Council Member Strickler, that said resolution be adopted.
Resolution No. 87-68 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Strickler. Noes: None. Absent: Council Mem-
bers Quiel, Frazier.
COUNCIL MEMBER QUIEL RETURNED
Council Member Quiel returned to the Council Meeting
and took his place at the Council Table.
RES. 87-69 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE
CITY ATTORNEY TO ISSUE NOTICES OF TERMINA-
TION OF THE LEASES WITH THE NATIONAL ORANGE
SHOW REGARDING THE LAGOON AREA AND FOR USE
OF PROPERTY AS A HELIPORT, AND RATIFYING
THE FEBRUARY 17, 1983 LETTER OF LEWIS E.
LITTLE REGARDING TERMINATION OF THE LEASE
FOR THE ENTRANCE AREA. (37)
City Administrator Schweitzer answered questions
regarding the termination of the leases, stating there was
some confusion as to which lease was in effect. He also
explained why the City is paying the electrical charges
and repair costs to the fountain in the lagoon.
Council Member Quiel stated he would abstain from
voting on this matter due to a possible conflict of inter-
est, as he had rented space from the Orange Show prior to
last October.
Council Member Reilly made a motion, seconded by
Council Member Flores that said resolution be adopted.
Resolution No. 87-69 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Strickler. Noes: None. Absent: Council Mem-
ber Frazier. Abstain: Council Member Quiel.
Council Member Reilly made a motion, seconded by
Council Member Flores, that the payment of $6,610.15, for
electrical energy charges for the fountain in the lagoon
at the National Orange Show (from 3/31/86 through 1/31/87)
be authorized from account No. 001-329-53402, "Electrical
Charges".
The motion carried by the following vote: Ayes:
Council Members Estrada, Reilly, Flores, Maudsley,
Strickler. Noes: None. Absent: Council Member Frazier.
Abstain: Council Member Quiel.
Council Member Reilly made a motion, seconded by
Council Member Flores, that the payment of $5,050.00, for
the estimated repair cost to the fountain in the lagoon at
26
3/9/87
the National Orange Show, be authorized from Account No.
001-382-56314, "Repair Orange Show/Lagoon".
The motion carried by the following vote: Ayes:
Council Members Estrada, Reilly, Flores, Maudsley,
Strickler. Noes: None. Absent: Council Member Frazier.
Abstain: Council Member Quiel.
RES. 87-70 - RESOLUTION OF THE CITY OF SAN
BERNARDINO RATIFYING THE AWARD OF A CON-
TRACT TO WYATT CONSTRUCTION FOR CONSTRUC-
TION OF CLUBHOUSE FOR FISCALINI FIELD IN
PERRIS HILL PARK. (38)
Council Member Strickler made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
Resolution No. 87-70 was adopted by the following
vote: Ayes: Council Members Reilly, Maudsley, Quiel,
Strickler. Noes: Council Members Estrada, Flores. Ab-
sent: Council Member Frazier.
RES. 87-71 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 3985
ENTITLED IN PART "A RESOLUTION. . PRO-
HIBITING PARKING UPON CERTAIN DESIGNATED
STREETS OR PORTIONS THEREOF "; TO
ESTABLISH A NO PARKING ZONE ON THE WEST
SIDE OF ARROWHEAD AVENUE, BETWEEN SIXTEENTH
STREET AND THE EAST-WEST ALLEY NORTH, BE-
TWEEN 12:00 MIDNIGHT AND 6:00 A.M. (40)
Council Member Quiel made a motion, seconded by
Council Member Estrada, that said resolution be adopted.
Resolution No. 87-71 was
vote: Ayes: council Members
Maudsley, Quiel, Strickler.
Council Member Frazier.
adopted by the following
Estrada, Reilly, Flores,
Noes: None. Absent:
RES. 87-72 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A BID TO CHEM-LITE
INDUSTRIES FOR THE FURNISHING AND DELIVERY
OF NINETY-FOUR (94) ALL WEATHER LITTER
RECEPTACLES TO BE UTILIZED BY THE PUBLIC
SERVICES/REFUSE DEPARTMENT IN ACCORDANCE
WITH BID SPECIFICATION F-87-18. (41)
Council Member Quiel made a motion, seconded by
Council Member Estrada, that said resolution be adopted.
Resolution No. 87-72 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Quiel, Strickler. Noes: None. Absent: Council
Member Frazier.
READING AND WAIVING OF ALL ORDINANCES ON THE
COUNCIL AGENDA
City Clerk Clark read the titles of all the ordi-
nances of the Council Agenda.
Council Member Quiel made a motion, seconded by
Council Member Reilly and unanimously carried, that fur-
ther reading of all the ordinances on the Council Agenda
be waived.
27
3/9/87
ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST
AMENDING SECTION 19.56.050 SUBSECTION D OF
THE SAN BERNARDINO MUNICIPAL CODE REDUCING
PARKING STANDARD REQUIREMENTS FOR MEDICAL
AND DENTAL OFFICES. (43)
Council Member Quiel made a motion, seconded by
Council Member Reilly and unanimously carried, that said
ordinance be laid over for final passage.
ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST
AMENDING SECTION 9.90.010 OF THE SAN BER-
NARDINO MUNICIPAL CODE TO AUTHORIZE THE
DIRECTOR OF WATER RECLAMATION, ENVIRONMEN-
TAL CONTROL OFFICER AND ENVIRONMENTAL CON-
TROL TECHNICIANS TO ISSUE NOTICES TO APPEAR
FOR VIOLATIONS OF CHAPTER 13.32 OF THE SAN
BERNARDINO MUNICIPAL CODE. (44)
Council Member Quiel made a motion, seconded by
Council Member Reilly and unanimously carried, that said
ordinance be laid over for final passage.
ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST
AMENDING CHAPTER 10.52 OF THE SAN BERNAR-
DINO MUNICIPAL CODE TO ESTABLISH NEW SPEED
ZONES ON ATLANTIC AVENUE, BASELINE STREET,
MILL STREET, PEPPER AVENUE, RIALTO AVENUE,
SIERRA WAY, TIPPECANOE AVENUE, FORTIETH
STREET, ARROWHEAD AVENUE, UNIVERSITY PARK-
WAY AND "E" STREET. (45)
Council Member Quiel made a motion, seconded by
Council Member Reilly and unanimously carried, that said
ordinance be laid over for final passage
MUNICIPAL RESOURCE CONSULTANT, JOHN AUSTIN - VERBAL
PRESENTATION - TAX COLLECTION VERIFICATION/AUDIT
In a memorandum dated February 26, 1987, Warren Knud-
son, Director of Finance, explained the services provided
by Municipal Resource Consultants regarding their exper-
tise in State Sales Tax, and why the City was considering
using these services. (25)
Mr. John Austin was not present at the meeting.
RESOLUTION OF THE CITY OF SAN BERNARDINO
DESIGNATING MUNICIPAL RESOURCE CONSULTANTS
AS THE AUTHORIZED CITY REPRESENTATIVE TO
EXAMINE SALES AND USE TAX RECORDS, AND
DESIGNATING THE DIRECTOR OF FINANCE AND
CITY AUDITOR AS THE CITY OFFICERS AUTHOR-
IZED TO RECEIVE INFORMATION CONTAINED IN,
OR DERIVED FROM, THE SALE AND USE TAX
RECORDS. (25)
Council Member Reilly made a motion, seconded by
Council Member Quiel and unanimously carried, that said
resolution be tabled.
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH MUNICIPAL RESOURCE CONSULTANTS, A
PARTNERSHIP OF JOHN AUSTIN AND ALLEN CHAR-
KOW, TO PROVIDE SALES TAX AUDIT AND INFOR-
MATION SERVICES. (25)
Council Member Reilly made a motion, seconded by
Council Member Quiel and unanimously carried, that said
resolution be tabled.
28
3/9/87
RECONSIDERATION OF RESOLU"'I0N ~]O. 87-49
A RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE REPORT OF THE DIRECTOR OF
PUBLIC WORKS/CITY ENGINEER FOR THE CON-
STRUCTION OF CERTAIN IMPROVEMENTS TO VARI-
OUS PROPERTIES IN THE CITY OF SAN BERNAR-
DINO, PLACING A LIEN THEREON, AND CONFIRM-
ING THE 1987-88 ASSESSMENT ROLL. (S-3)
In a memorandum dated March 5, 1987, signed by Phil
Arvizo, Executive Assistant to the Council, it was re-
quested this resolution be reconsidered.
Council Member Strickler stated he would not partici-
pate in the consideration of this item, as he represents
one of the parties involved.
Council Member Reilly made a motion, seconded by
Council Member Estrada, that this matter be referred to
the Ways and Means Committee.
The
Council
Noes:
Council
motion carried by the following vote: Ayes:
Members Estrada, Reilly, Flores, Maudsley, Quiel.
None. Absent: Council Member Frazier. Abstain:
Member Strickler.
RES. 87-73 - RESOLUTION OF THE CITY OF SAN
BERNARDINO URGING APPROVAL OF STATE LEGIS-
LATION AUTHORIZING A PUBLIC VOTE FOR A
COUNTY TRANSPORTATION SALES TAX. (S-4)
City Clerk Clark 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.
Mayor Wilcox explained that this resolution is not an
endorsement by the Council, but support to the State
Legislature enabling legislation that will allow this
matter to come to a vote by County residents.
The Council discussed the provisions of the resolu-
tion.
Council Member Estrada made a motion, seconded by
Council Member Reilly, that said resolution be adopted, as
amended to provide that the proposed legislation include a
condition that existing State funding shall be maintained
at its current or higher level as State budget moves.
Resolution No. 87-73 was adopted, as amended, by the
following vote: Ayes: Council Members Estrada, Reilly,
Flores, Maudsley, Quiel. Noes: Council Member Strickler.
Absent: Council Member Frazier.
RES. 87-74 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A BID TO SWIFT DODGE
FOR THE FURNISHING AND DELIVERY OF TWENTY-
FIVE (25) POLICE PATROL VEHICLES TO BE
UTILIZED BY THE POLICE DEPARTMENT. (42)
The Mayor and Council discussed whether or not local
vendors are given the opportunity to bid on the furnishing
of vehicles for City use.
29
3/9/87
City Administrator Schweitzer answered
stating that it was his understanding that the
on automobiles, especially police vehicles,
tained through the State.
questions,
lowest bids
can be ob-
Assistant City Attorney Sabourin answered questions
regarding the bidding process.
Warren Knudson, Finance Director, answered questions
regarding the purchase of City vehicles, stating the City
had not purchased specially equipped police vehicles from
local vendors, as the price is better through State
vendors.
Dean Meech, Purchasing Agent, answered questions,
stating the City had not solicited local vendors in this
instance. He explained it had not proven economical to
purchase from local vendors. He explained that Swift
Dodge had purchased a number of vehicles for the State,
but didn't get the bid, so these vehicles were purchased
by the City at a low price.
Mr. Meech agreed to use an outreach program in noti-
fying local vendors when there would be an opportunity to
bid on future City automobile needs.
Council Member Estrada made a motion, seconded by
Council Member Flores, that said resolution be adopted.
Resolution No. 87-74 was
vote: Ayes: Council Members
Maudsley, Quiel, Strickler.
Council Member Frazier.
adopted by the following
Estrada, Reilly, Flores,
Noes: None. Absent:
RECESS MEETING - CLOSED SESSION
At 4:35 p.m., Council Member Reilly made a motion,
seconded by Council Member Maudsley and unanimously car-
ried, that the meeting recess to a Closed Session pursuant
to Government Code Section 54956.9(a) to confer with its
attorney regarding pending litigation which has been in-
itiated formally and to which the City is a party. The
titles of the litigation are: Tally vs. City of San Ber-
nardino , Superior Court No. SCV 231564, and Liles, et al.
~~~i!Y of San Bernardino Superior Court No. 231865;
~ena~~anc~~akery; Government Code Section 54957.6, to
meet with its designated representatives regarding labor
relations matters; and Government Code Section 54957, to
consider personnel matters. (22, 23, 24, S-5, S-6)
CLOSED SESSION
At 4:35 p.m., the Closed Session was called to order
by Mayor wilcox in the Conference Room of the Council
Chambers of City Hall, 300 North "D" Street, San Bernar-
dino, California.
ROLL CALL
Roll Call was taken by the City Clerk with the fol-
lowing being present: Mayor Wilcox; Council Members
Estrada, Reilly, Flores, Maudsley, Quiel, Frazier,
Strickler; Assistant City Attorney Sabourin, City Clerk
Clark, City Administrator Schweitzer. Absent: None.
Also present: Sr. Assistant City Attorney Briggs;
Richard Bennecke, Executive Assistant to the Mayor; Phil
Arvizo, Executive Assistant to Council; Ken Henderson,
Director, Community Development.
KEN HENDERSON EXCUSED
Ken Henderson, Director, Community Development
Department, left the Closed Session.
30 3/9/87
M. J. PERLICK, PERSONNEL DIRECTOR, ARRIVED
M. J. Perlick, Director of Personnel, arrived at the
Closed Session.
FIRE CHIEF NEWCOMBE ARRIVED
Fire Chief Newcombe arrived at the Closed Session.
ADJOURN CLOSED SESSION
At 6:30 p.m., the Closed Session adjourned to the
Adjourned Regular Meeting of the Mayor and Common Council
in the Council Chambers of City Hall, 300 North "0"
Street, San Bernardino, California.
RECONVENE MEETING
At 6:30 p.m., the Adjourned Regular Meeting of the
Mayor and Common Council reconvened in the Council Cham-
bers of City Hall, 300 North "0" 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, Flores, Maudsley, Quiel, Strickler; As-
sistant City Attorney Sabourin, City Clerk Clark, City
Administrator Schweitzer. Absent: Council Member
Frazier.
ADJOURN MEETING
At 6:30 p.m., the meeting was adjourned to Monday,
March 16, 1987, at 9:00 a.m., for a Closed Session, in the
Conference Room of the Council Chambers, City Hall, 300
North "0" Street, San Bernardino, California.
h//~~
./ City Cler
No. of Items: 60
No. of Hours: 7~
31
3/9/87