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HomeMy WebLinkAbout04-06-1987 Minutes City of San Bernardino, California April 6, 1987 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:07 a.m., Monday, April 6, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. INVOCATION The Invocation was given by Reverend Alan Pollock of Calvary Baptist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Maudsley. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strick- ler; City Attorney Prince, City Clerk Clark, City Admini- strator Schweitzer. Absent: None. PUBLIC COMMENTS David Buckley, 947 W. Marshall Blvd., San Bernardino, requested the name of the person who reported to the Police Department that he had brought explosives into City Hall, who reported that he was a member of the Ku Klux Klan, and reported that City forces had performed poor workmanship on his driveway. (A) Mayor Wilcox stated that an investigation would be made into the matter. Rick Nelson of the Samaritan Emergency Center, 669 W. Seventh Street, San Bernardino, spoke regarding needed funding for the work of the shelter, which provides food and shelter for the homeless, among other charitable acti- vities. (A) Mayor wilcox stated that a survey is in progress to determine what organizations are responding to the home- less, and invited Mr. Nelson to attend meetings while he is located in San Bernardino. SALVATION ARMY - PLIGHT OF THE HOMELESS With reference to the appearance of Rick Nelson of the Samaritan Emergency Center, who appeared at the Coun- cil Meeting for public comment regarding the situation of the homeless in the City, Mayor wilcox announced that the Salvation Army is looking for volunteers to feed the home- less and the hungry on Easter Sunday. (A) PRESENTATION - NEW CITY ENTRANCE SIGN - SALVATORE F. CATALANO - MAC FOUNDATION Salvatore F. Catalano, President of the MAC Founda- tion, presented a wooden model of the proposed new City entrance signs, which will be 14 feet high and made from concrete. (B) Marshall Julian, Chairman, and Woody Wood, trustee, of the MAC Foundation, were present to answer any ques- tions. Salvatore F. Catalano, President of the MAC Founda- tion, answered questions, stating that if the signs are produced in a quantity of 12, the cost would be $3,500.00 per sign, plus $1,000.00 per sign for installation. Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that the MAC Foundation submit a total budget to the Ways & Means Committee for a primary source of funding, perhaps in the form of a loan, which would be a part of next year's bud- get, and would be repaid either through a fundraiswer or a future Community Development Block Grant. The Mayor and Common Council complimented the MAC Foundation on their completion of the sign. Salvatore F. Catalano, President of the MAC Founda- tion, requested the input of the Mayor and Common Council regarding the location of the new City entrance signs. PROCLAMATION - NATIONAL COMMUNITY DEVELOPMENT WEEK - APRIL 11 - 18, 1987 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino, proclaiming the week of April 11, 1987, as National Community Development Week. (B) Ken Henderson, Director of Community Development, was present to accept the proclamation on behalf of the Com- munity Development Citizens Advisory Committee and the staff of the Community Development Department, and thanked the Mayor and Common Council for realizing the value of the program and the significant number of organizations relying on its support. PROCLAMATION - CALIFORNIA EARTHQUAKE PREPAREDNESS MONTH - APRIL, 1987 Richard Bennecke, Executive Assistant to the Mayor, read a Proclamation of the Mayor of the City of San Ber- nardino, proclaiming April, 1987, as California Earthquake Preparedness Month. (B) Mike Guerin, Office of the Governor, State of Cali- fornia, Emergency Services Office, was present to accept the proclamation, stating that the theme for California Earthquake Preparedness Month is "Don't Wait - Get Ready For The Quake". MARCH OF DIMES - BIRTH DEFECTS PREVENTION MONTH - APRIL, 1987 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino, proclaiming April, 1987, as Birth Defects Pre- vention Month. (8) Anissa Landry, 1987 Poster Child for the March of Dimes, accompanied by Barry McCarroll, volunteer for the March of Dimes, was present to accept the proclamation. PROCLAMATION - SPIRIT BASEBALL DAY - APRIL 10, 1987 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino, proclaiming April 10, 1987, as Spirit Baseball Day, to encourage citizens of the Inland Empire and of San Bernardino to support the team. (B) 2 4/6/87 Bill Shanahan, General Manager of the Spirit Baseball Team, was present to accept the proclamation, stating that thus far over 800 season tickets have been sold. RECESS MEETING - CLOSED SESSION At 9:42 a.m., Council Member Quiel made a motion, seconded by Council Member Flores and unanimously carried, to recess to a Closed Session under the authority of Government Code Section 54956.9(a), to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is Saldecke, et al. v. City of San Bernardino, et al, San Bernardino Superior Court No. 2368:f~-------- (44) CLOSED SESSION At 9:42 a.m., Mayor wilcox called the Closed Session to order in the Conference Room of the Council Chambers, City Hall, 300 North "0" Street, San Bernardino, Cali- fornia. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler; City Attorney Prince, City Administrator Schweitzer. Absent: City Clerk Clark. Also present were: James Richardson, Deputy City Administrator; Bill Abbott, Special Counsel; Bill Sabour- in, Deputy City Attorney; Cynthia Grace, Deputy City Attorney; Dave Anderson, Acting Planning Director; Vince Bautista, Senior Planner; and Valerie Ross, Planner. ADJOURN CLOSED SESSION At 10:05 a.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the 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 10:05 a.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Maudsley. APPROVE MINUTES - MARCH 23, 1987 Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 23rd day of March, 1987, be approved as submitted in typewritten form. (1 ) AUTHORIZATION TO "RED CURB" CUL-DE-SAC AT 21ST STREET - COUNCIL MEMBER QUIEL In a memorandum dated March 25, 1987, Council Member Quiel stated that area residents have reported undesirable activities occurring in the cul-de-sac at 21st Street, between "H" Street and the I-2l5 Freeway, behind the Mobil Station, located on Highland Avenue, including non-resi- dents parking, and noise and theft of batteries from parked cars at the Mobil Station. (4) 3 4/6/87 Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, that the northside landscape buffered area of the cul-de-sac at 21st Street, behind the Mobil Station, be red curbed. AUTHORIZATION FOR OUT-OF-STATE TRAVEL - LAS VEGAS, NEVADA - SOUTHERN AREA FIRE EQUIPMENT RESEARCH TRAINING CONFERENCE - APRIL 23 - 25, 1987 - RICHARD A. MOON, DEPUTY CHIEF In a memorandum dated March 16, 1987, Gerald New- combe, Fire Chief, requested authorization for out-of- state travel for Deputy Chief Richard A. Moon to Las Vegas, Nevada, to the Southern Area Fire Equipment Research Training Conference to be held April 23 - 25, 1987, as Chief Moon is a member of the Board of the Southern California Group. (5) Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, that Deputy Chief Richard A. Moon be authorized to attend the joint meeting (Arizona/California/Nevada) of the Southern Area Fire Equipment Research (SAFER) Organization, April 23 through April 25, 1987, in Las Vegas, Nevada. SETTING OF PUBLIC HEARING - 1987/88 FISCAL YEAR CDBG FUNDING PROPOSALS - MAY 11, 1987 - 3:00 P.M. In a memorandum dated March 25, 1987, Ken Henderson, Director of Community Development, requested that a public hearing be set in order to consider recommendations for funding under the fair housing, public services and capital improvements categories of the approved 1987/88 CDBG Program Mix. (6) Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, that a public hearing be set for 3:00 p.m., May 11, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, in order to consider various funding proposals regarding the FY 1987/88 CDBG Program Mix. ESTABLISHMENT OF SENIOR CLERK TYPIST POSITION - COMMUNITY DEVELOPMENT DEPARTMENT - ASSISTANCE IN IMPLEMENTATION OF VARIOUS HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAMS In a memorandum dated March 25, 1987, Ken Henderson, Director of Community Development, requested an additional clerical position in order to assist in various housing, communi ty and economic development programs, as the separation of the Community Development Division from the Redevelopment Agency in September, 1986, resulted in the Community Development Department having only one clerical, secretarial position. (7) Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, that the establishment and filling of a Senior Clerk Typist posi- tion in the Community Development Department to assist in the implementation of various housing, community and economic development programs, be approved. APPROVAL OF CHANGE ORDERS 4, 5, 6, & 7 - CONTRACT WITH POWELL CONSTRUCTION - CONSTRUCTION OF DEL ROSA AVENUE - 9TH TO BASELINE STREETS In a memorandum dated March 25, 1987, Roger Hard- grave, City Engineer, listed various changes made to plans during the construction of Del Rosa Avenue from 9th to Baseline Streets by Powell Construction. (8) 4 4/6/87 Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, that Change Orders Nos. 4, 5, 6 and 7 to the contract with Powell Construction Company, for construction of Del Rosa Avenue, from 9th to Baseline Streets, in accordance with Plan No. 4993, be approved; and that a net increase in cost to the contract price of $9,899.50 from $555,640.10 to $565,539.60, be authorized. CLAIMS AND PAYROLL Council Member Frazier 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: (10) 1. Approve the register of demands dated: March 11, 1987 March 17, 1987 March 24, 1987 86/87 86/87 86/87 #27 #28 #29 $ 732,714.10 1,330,223.55 1,218,618.27 2. Approve the total gross payroll for the period March 2, 1987, through March 15, 1987, in the amount of $1,285,885.00. PERSONNEL ACTIONS Council Member Frazier 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 and ratified. (11) APPOINTMENTS Public Works/Engineering Randy L. Forbey - Draftsperson - Effective April 7, 1987 Mayor's Office Marty D. Holdaway - Conservation Crew Supervisor - Effective March 24, 1987 City Attorney Melissa Woods April 15, 1987 - Legal Secretary I - Effective (Later reconsidered - See Page 7 ) TEMPORARY APPOINTMENTS Police Raymond W. King - Law Enforcement Trainee - Effective June 22, 1987 S.B.E.T.A./Admin. Summer Youth Specialist - Effective April 20, 1987 Sadie Evans Geraldine Young Milton Washington - Summer Youth Specialist - Effective April 7, 1987 Lucille E. Leon - Junior Typist Clerk - Effective April 7, 1987 PROMOTION Public Works/Engineering Joseph H. Reynolds - From Civil Engineering Assistant to Civil Engineering Assistant II - Effective April 7, 1987 5 4/6/87 -~ COUNCIL MEMBER MAUDSLEY RETURNED Council Member Maudsley returned Meeting and took his place at the Council to the Table. Council WAIVING OF FEES - OUR LADY OF GUADALUPE FIESTA - MAY 22 - 24, 1987 In a memorandum dated March 27, 1987, Council Member Estrada requested that the City waive any fees for the use of two lowboy trailers and two sets of bleachers by Our Lady of Guadalupe Church for their Fiesta on the weekend of May 22 - 24, 1987. (2) City Attorney Prince answered questions regarding the City waiving fees for use of City-owned equipment. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that fees be waived for use of two lowboy trailers and two sets of bleachers that will be used for the May 22 - 24, 1987, Our Lady of Guadalupe Church Fiesta, based on a finding that to charge fees for use of equipment by Our Lady of Guada- lupe Church for the fiesta would create a financial hard- ship, jeopardizing the activity, and that the activity will be of unusual benefit to the inhabitants of the City and should be supported with public funds. FORMULATION OF 2010 TASK FORCE In a memorandum dated March 27, 1987, Council Member Estrada requested the formulation of a 2010 Task Force for the purpose of planning, establishing and meeting the needs of the City of San Bernardino into the year 2010. (3) Council Member Estrada answered questions regarding the purpose of the proposed 2010 Task Force. Discussion was held concerning the possible over- lapping of committee work. Council Member Estrada made a motion, seconded by Council Member Quiel and unanimously carried, that the possible formulation of a 2010 Task Force be continued to the next meeting of the Mayor and Common Council to be held April 20, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, in order to allow the Mayor and Council Member Estrada time to meet and discuss the matter. RESIDENT PERMIT PARKING PROGRAM - RESIDENTIAL NEIGHBORHOOD SOUTH OF ST. BERNARDINE'S HOSPITAL In a memorandum dated March 24, 1987, Roger Hard- grave, City Engineer, stated that a petition of 16 sig- natures had been received requesting that the 2-hour parking restriction recently installed in the residential neighborhood south of St. Bernardine's Hospital, in order to deter hospital employees from parking in the residen- tial area, be removed because of undue hardship. (9) This matter had been reviewed by the Mayor's Traffic Safety Advisory Committee, which concluded that the 2-hour parking restriction has been effective, should not be removed, and that an optional resident permit parking program, similar to that in the San Bernardino Valley College area, be established to provide parking privileges to local residents. This permit would have a one-time fee charge of $7.50 per permit, limited to two permits per residence. 6 4/6/87 City Administrator Schweitzer answered questions regarding the purpose of the fee for the parking permit, explaining administrative costs connected to the program. Discussion ensued regarding the charging of residents in order to park in front of their own property. Frank Ayala, Chairman of the Mayor's Traffic Safety Advisory Committee, explained that the Resident Permit Parking Program was based upon a survey of area residents. Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that the Resident Permit Parking Program be approved, in concept, and that the City Attorney be directed to prepare the necessary ordinance amendment, with a waiver of the fee requirement. PERSONNEL ACTIONS - RECONSIDERED FROM EARLIER IN MEETING - LEGAL SECRETARY I - CITY ATTORNEY'S OFFICE City Attorney Prince requested that the Mayor and Common Council reconsider the appointment of Melissa Woods as Legal Secretary I in the City Attorney's Office, which was adopted earlier in the meeting under Personnel Actions. (See Page 5) (11) Council Member Quiel made a motion, seconded by Coun- cil Member Flores and unanimously carried, that the appointment of Melissa Woods as Legal Secretary I in the City Attorney's Office, be reconsidered. City Attorney Prince requested that the appointment of Melissa Woods as Legal Secretary I in the City Attor- ney's Office, be continued to the next meeting of the Mayor and Common Council on April 20, 1987. Council Member Quiel made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that the appointment of Melissa Woods as Legal Secretary I in the City Attorney's Office, be excluded from the Personnel Actions previously adopted, and that the proposed appoint- ment be continued to the Regular Meeting of the Mayor and Common Council to be held April 20, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. READING AND WAIVING OF RESOLUTIONS ON AGENDA The City Clerk read the titles of all the resolutions on the Agenda. Council Member Quiel made a motion, seconded by Coun- cil Member Flores and unanimously carried, that further reading of all the resolutions on the Agenda be waived. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council meeting. RES. 87-107 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JOHN R. TRAUTH RELATING TO HOUSING CONSULTANT SERVICES FOR THE CITY OF SAN BERNARDINO. (12) 7 4/6/87 Council Member Quiel made a motion, seconded by Coun- cil Member Frazier and unanimously carried, that said resolution be adopted. Resolution No. 87-107 was adopted vote: Ayes: Council Members Estrada, Maudsley, Quiel, Frazier. Noes: None. Member Strickler. by the following Reilly, Flores, Absent: Council RES. 87-108 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CARL EUGENE FELKER TO PERFORM PROGRAMMING SERVICES FOR THE DATA PROCESSING DEPARTMENT. (13) Council Member Quiel Council Member Frazier and resolution be adopted. made a motion, seconded by unanimously carried, that said Resolution No. 87-108 was adopted vote: Ayes: Council Members Estrada, Maudsley, Quiel, Frazier. Noes: None. Member Strickler. by the following Reilly, Flores, Absent: Council RES. 87-109 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A DEPOSIT FOR USE OF BARRICADES DURING THE CONDUCT OF PARADES WITHIN THE CITY OF SAN BERNARDINO. (Corresponding ordinance Agenda Item #26 laid over for final reading - See Page 18) (14) Council Member Quiel made a motion, seconded by Coun- cil Member Frazier and unanimously carried, that said resolution be adopted. Resolution No. 87-109 was adopted vote: Ayes: Council Members Estrada, Maudsley, Quiel, Frazier. Noes: None. Member Strickler. by the following Reilly, Flores, Absent: Council RES. 87-110 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 1987. (15) Council Member Quiel made a motion, seconded by Coun- cil Member Frazier and unanimously carried, that said resolution be adopted. Resolution No. 87-110 was adopted vote: Ayes: Council Members Estrada, Maudsley, Quiel, Frazier. Noes: None. Member Strickler. by the following Reilly, Flores, Absent: Council RES. 87-111 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 83-201 ENTITLED IN PART "RESOLUTION... MODIFYING FEES FOR...USES OF BUILDINGS, SPORTS FACILITIES.. .n, AND ESTABLISHING FEES FOR THE STURGES AUDITORIUM. (16) Council Member Quiel made a motion, seconded by Coun- cil Member Frazier and unanimously carried, that said resolution be adopted. Resolution No. 87-111 was adopted vote: Ayes: Council Members Estrada, Maudsley, Quiel, Frazier. Noes: None. Member Strickler. by the following Reilly, Flores, Absent: Council 8 4/6/87 RES. 87-112 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION... ESTABLISHING A BASIC COMPENSATION PLAN "; BY CHANGING THE SALARY RANGE OF DIRECTOR OF RISK MANAGEMENT FROM R4l47 ($2998-3654) TO R4l5l ($3149-3837). (17) Council Member Quiel made a motion, seconded by Coun- cil Member Frazier and unanimously carried, that said resolution be adopted. Resolution No. 87-112 was adopted vote: Ayes: Council Members Estrada, Maudsley, Quiel, Frazier. Noes: None. Member Strickler. by the fOllowing Reilly, Flores, Absent: Council RES. 87-113 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO AGREEMENT WITH THE WYATT COMPANY TO PROVIDE FOR A ONE YEAR EXTENSION OF THE TERM OF THE AGREE- MENT AND TO INCREASE THE MAXIMUM COMPEN- SATION PAID TO CONSULTANT. (18) Council Member Quiel made a motion, seconded by Coun- cil Member Frazier and unanimously carried, that said resolution be adopted. Resolution No. 87-113 was adopted vote: Ayes: Council Members Estrada, Maudsley, Quiel, Frazier. Noes: None. Member Strickler. by the following Reilly, Flores, Absent: Council RES. 87-114 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAIN- TENANCE ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS "ASSESSMENT DISTRICT NO. 982," AND WAIVING NOTICE AND HEARING. (South side of Pied- mont Drive, between Cactus Circle and Lynwood Drive, and along portions of the north side of Citrus Street, between Pinon Court and Oleta Lane) (20) Council Member Quiel made a motion, seconded by Coun- cil Member Frazier and unanimously carried, that said resolution be adopted. Resolution No. 87-114 was adopted vote: Ayes: Council Members Estrada, Maudsley, Quiel, Frazier. Noes: None. Member Strickler. by the following Reilly, Flores, Absent: Council RES. 87-115 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2585 ENTITLED IN PART "A RESOLUTION... DESIGNATING ONE-WAY STREETS AND/OR ALLEYS . ....; AND ESTABLISHING A NORTHBOUND ONE- WAY STREET ON MAYFIELD AVENUE BETWEEN FIFTH AND SIXTH STREETS. (21) Council Member Quiel made a motion, seconded by Coun- cil Member Frazier and unanimously carried, that said resolution be adopted. 9 4/6/87 Resolution No. 87-115 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier. Noes: None. Absent: Council Member Strickler. RES. 87-116 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH ROBERT WHITESIDE FOR PRE- MISES LOCATED AT 4222 NORTH SIERRA WAY FOR USE AS A POLICE COMMUNITY SERVICE OFFICE OR OTHER LAWFUL PURPOSE. (19) The Mayor and Common Council discussed the location of the Police Community Service Office. Council Member Quiel made a motion, seconded by Coun- cil Member Flores and unanimously carried, that said reso- lution be adopted as amended by interdelineation that the lease with Robert Whiteside be continued on a month-to- month basis, and that the matter concerning the possible relocation of the Police Community Service Office be re- ferred to the Legislative Review Committee. Resolution No. 87-116 was adopted as amended following vote: Ayes: Council Members Estrada, Flores, Maudsley, Quiel, Frazier. Noes: None. Council Member Strickler. by the Rei lly, Absent: RES. 87-117 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2482 ENTITLED IN PART "A RESOLUTION... DESIGNATING CERTAIN STREET INTERSECTIONS WHERE A STOP IS REQUIRED..."; AND AUTHORI- ZING THE INSTALLATION OF A FOUR-WAY STOP SIGN AT THE INTERSECTION OF PACIFIC AVENUE AND ORANGE STREET. (22) Council Member Quiel made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that said reso- lution be adopted. Resolution No. 87-117 was adopted vote: Ayes: Council Members Estrada, Maudsley, Quiel, Frazier. Noes: None. Member Strickler. by the following Reilly, Flores, Absent: Council RES. 87-118 - RESOLUTION OF THE CITY OF SAN BERNARD I NO AWARD I NG A BID TO TRI- COUNTY OFFICIALS FOR THE FURNISHING AND DELIVERY OF UMPIRING SERVICES TO BE UTI- LIZED BY THE PARK, RECREATION AND COMMUN- ITY SERVICES DEPARTMENT IN ACCORDANCE WITH SPECIFICATION NO. F-87-23. (23) Council Member Quiel made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that said reso- lution be adopted. Resolution No. 87-118 was adopted vote: Ayes: Council Members Estrada, Maudsley, Quiel, Frazier. Noes: None. Member Strickler. by the fOllowing Reilly, Flores, Absent: Council RES. 87-119 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPOINTING ELECTION OFFI- CERS AND DESIGNATING POLLING PLACES PUR- SUANT TO SECTION 2.56.110 OF THE SAN BER- NARDINO MUNICIPAL CODE FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD MAY 5, 1987. (24) 10 4/6/87 Council Member Quiel made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that said reso- lution be adopted. Resolution No. 87-119 was adopted vote: Ayes: Council Members Estrada, Maudsley, Quiel, Frazier. Noes: None. Member Strickler. by the following Reilly, Flores, Absent: Council RES. 87-120 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF A PUBLIC NUISANCE. (2689 N. Flores, 133 S. "L" Street) (25) Council Member Quiel made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that said reso- lution be adopted. Resolution No. 87-120 was adopted vote: Ayes: Council Members Estrada, Maudsley, Quiel, Frazier. Noes: None. Member Strickler. by the following Reilly, Flores, Absent: Council COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. COURT-ORDERED HEARING - EXEMPTION FROM SCHOOL IMPACTION FEES - PLAZA DEVELOPMENT - FORMERLY KNOWN AS LANDTECH, INC. - LITIGATION TITLE OF SAAB V. CITY OF SAN BERNARDINO - SUPERIOR COURT NO. 234561 - CONTINUED FROM MARCH 23, 1987 This is the time and place set for a court-ordered hearing concerning an exemption from School Impaction Fees requested by Plaza Development, formerly known as Land- Tech, Inc., litigation title of Saab v. City of San Ber- nardino, Superior Court No. 234561. (28) Mayor wilcox opened the hearing. Council Member Quiel made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that the hear- ing be continued so that the Mayor and Common Council may consider Agenda Item 39, regarding the renovation of Fis- calini Field for the San Bernardino Spirit Baseball Team. (See Page 12) COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. RENOVATION OF FISCALINI FIELD FOR SPIRIT BASEBALL TEAM - FINDING OF UNREASONABLE HARDSHIP - PROVISIONS FOR PERSONS WITH DISABILITIES In a memorandum dated March 25, 1987, Roger Hard- grave, City Engineer, stated that in the plans for reno- vation of Fiscalini Field for use by the Spirit Baseball Team, neither the clubhouse nor playing field were de- signed to be accessible to the handicapped, since these facilities are normally used by able-bodied persons. (39) In order for the clubhouse to be accessible to per- sons with disabilities, a restroom designed to accommodate handicapped persons would be required. 11 4/6/87 Roger Hardgrave, City Engineer, answered questions regarding his recommendation that a finding be made that compliance with the accessibility standards, relative to providing wheelchair spaces for existing bleachers and making the clubhouse and playing field accessible, would create an unreasonable hardship. Discussion ensued regarding Fiscalini Field being a public facility being renovated with public funds and the San Bernardino Spirit Baseball Team desiring that the facility be in as much compliance as possible for the fans. The Mayor and Common Council discussed their desire to have all facilities make provisions for handicapped persons, whether required by law or not, and having the Commission for Disabled Persons providing input. Council Member Maudsley made a motion, seconded by Council Member Quiel and unanimously carried, that the Legislative Review Committee examine the process of approving plans for development and remodeling to make sure that facilities being developed or remodeled with public funds are using the same standards as those re- quired of private developers; and that the Legislative Review Committee examine the law more thoroughly as to whether a hardship situation truly exists at Fiscalini Field with regard to making it more accessible for persons with disabilities. In the meantime, construction at Fiscalini Field is to continue, as the opening game is Friday, April 10, 1987. Council Member Strickler, Chairman of the Legislative Review Committee, stated that the committee would meet at 1:00 p.m., Thursday, April 9, 1987, at Fiscalini Field for review of the facility, along with City Engineer Hardgrave and Bill Shanahan, General Manager of the Spirit Baseball Team. Bob Neves, Chairperson of the Commission for Disabled Persons, spoke regarding concerns raised by City Engineer Hardgrave and cited sections of the State Architect's Accessibility Codes. He contrasted the cooperative attitude of Bill Shanahan, General Manager of the San Bernardino Spirit Baseball Team, to that of the City staff in compliance with State regulations applicable to this situation. He explained the scheduled arrangements for Fiscalini Field and the needs of disabled persons, and offered to work with City staff regarding alternatives and working out policies before the Mayor and Common Council find unreasonable hardship exists in this instance. COURT-ORDERED HEARING - EXEMPTION FROM SCHOOL IMPACTION FEES - PLAZA DEVELOPMENT - FORMERLY KNOWN AS LANDTECH, INC. - LITIGATION TITLE OF SAAB V. CITY OF SAN BERNARDINO - SUPERIOR COURT NO. 234561 - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to from earlier in the meeting for a court-ordered hearing concerning a request from Plaza Development, previously known as Land- Tech, Inc., for an exemption from school impaction fees. (See Page 11) The title of the litigation is Saab v. City of San Bernardino, Superior Court No. 234561. (28) Mayor wilcox reopened the hearing. 12 4/6/87 RECESS MEETING - CLOSED SESSION Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that the Common Council recess to Closed Session pursuant to Government Code Section 54956.9(a) to confer with the City Attorney pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is Saab v. City of San Bernardino, Superior Court No. 234561. (44) CLOSED SESSION At 10:50 a.m., Mayor wilcox called the Closed Session to order in the Conference Room of the Council Chambers in City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strick- ler; City Attorney Prince, City Administrator Schweitzer. Absent: City Clerk Clark. Also present were: Deputy City Attorney Wilson, Executive Assistant to the Mayor Bennecke and Executive Assistant to the Council Arvizo. ADJOURN CLOSED SESSION At 11:15 a.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 11:15 a.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the fOllowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strick- ler; City Attorney Prince, City Clerk Clark, City Admini- strator Schweitzer. Absent: None. COURT-ORDERED HEARING - EXEMPTION FROM SCHOOL IMPACTION FEES - PLAZA DEVELOPMENT - FORMERLY KNOWN AS LANDTECH, INC. - LITIGATION TITLE OF SAAB V. CITY OF SAN BERNARDINO - SUPERIOR COURT NO. 234561 - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for a court- ordered hearing regarding a requested exemption from School Impaction Fees from Plaza Development, previously known as LandTech, Inc., litigation title of Saab v. City of San Bernardino, Superior Court No. 234561. (See Page 12) (28) Deputy City Attorney Wilson stated that at the last meeting of the Mayor and Common Council held March 23, 1987, a public hearing was held, and since that time all evidence submitted has been reviewed by the Mayor and Common Council and it is time for a decision to be made. Council Member Estrada made a motion, seconded by Council Member Flores, that the request for exemption from School Impaction Fees by Plaza Development, formerly known as LandTech, Inc., be denied. 13 4/6/87 Mayor wilcox questioned City Attorney Prince, who stated that LandTech, Inc. did not go with the financing it had originally presented for the project. Gary Smith, attorney for Plaza Development, formerly known as LandTech, Inc., stated that the loan commitment was lost when the Council denied the exemption. He stated that the lender's representatives had appeared before the Mayor and Common Council to attest to the validity of the loan committment. Gary Smith, attorney for Plaza Development, formerly known as LandTech, Inc., stated that he was not sure if there had or had not been a committee meeting with the bank making a financial commitment to the project. Joseph merly known letter, as stated that Gadhir, President of Plaza Development, for- as LandTech, Inc., stated that the commitment it is, was approved by the bank. He also the loan had not been approved. Discussion ensued regarding the call for the question and the ending of the debate. Gary Smith, attorney for Plaza Development, formerly known as LandTech, Inc., reminded the Mayor and Common Council that the loan was an unsecured loan. It was a loan for $2,500,000.00, not to be recorded in any manner, which is very significant in terms of the lender's state- ment to whomever they are offering the letter of commit- ment. Mayor Wilcox stated that she would veto the deny the exemption of School Impaction Fees Development, formerly known as LandTech, Inc. action to to Plaza The motion carried by the following vote: Council Members Estrada, Flores, Maudsley, Frazier. Council Members Reilly, Quiel, Strickler. Ayes: Noes: Mayor Wilcox vetoed the action. (See Page 29) City Attorney Prince answered questions, stating that the veto by Mayor Wilcox put the Mayor and Common Council in the position of not reaching a decision. MAYOR WILCOX EXCUSED At 11:25 a.m., Mayor wilcox left the Council Meeting and Council Member Maudsley became Mayor Pro Tempore. REDEVELOPMENT AGENCY REGULAR MEETING The Regular Meeting of the Redevelopment Agency was called to order by Vice Chairman Strickler in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. SALE OF LENA ROAD PROPERTY In a memorandum dated April 6, 1987, Glenda Saul, Executive Director of the Redevelopment Agency, recom- mended that a reduction in sale price to $410,000 from $450,000 be granted to Novack-Shane, a general partner- ship, for 5.1 acres of land on the southwest corner Rialto Avenue and Lena Road, the sale of which was contingent upon the offeror being the successful bidder in construct- ing and leasing a public health clinical services facility for the County of San Bernardino. (R-5) 14 4/6/87 Three unexpected problems concerning soil reconstruc- tion, sewer connection costs and the need for a Condi- tional Use Permit have been connected with the project since the offeror agreed to the sale price of $450,000.00. The calculated cost of the soil reconstruction is $25,000 and $16,200 for sewer connection costs. Novack-Shane, a general partnership, has an open escrow for the property, and has indicated that it is prepared to buy the property with or without the price reduction. Action was taken by the Community Development Com- mission to authorize Glenda Saul, Executive Director of the Redevelopment Agency, to sign on behalf of the Agency in conjunction with the price of $450,000.00, which is what was authorized in the first option. No official Council action was taken. RES. 87-121 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A DEVELOPMENT AGREEMENT AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNAR- DINO AND THE SOUTHERN CALIFORNIA GAS COMPANY RELATING TO THE SOUTHERN CALI- FORNIA GAS COMPANY PROPERTY IN THE VICI- NITY OF "G" STREET AND AT&SF RAILROAD PROPERTY (CENTRAL CITY SOUTH PROJECT AREA) . (R-6) City Clerk Clark read the title of the resolution. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that fur- ther reading of the resolution be waived, and that said resolution be adopted. Resolution No. 87-121 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler. Noes: None. Ab- sent: None. RECESS MEETING - MIC ROOM - DISCUSSION OF CENTRAL GARAGE MANAGEMENT AUDIT BY HUGHES, HEISS AND ASSOCIATES At 11:59 a.m., the Regular Meeting of the Redevelop- ment Agency recessed to the MIC Room on the Sixth Floor of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia, in order to discuss the Central Garage Management Audit by Hughes, Heiss and Associates. (29) RECONVENE MEETING At 12:10 p.m., Council Member Strickler, vice Chair- man of the Redevelopment Committee, called to order the Regular Meeting of the Redevelopment Agency in the Mic Room on the Sixth Floor of City Hall, 300 North "D" Street, San Bernardino, California, in order to discuss the Central Garage Management Audit by Hughes, Heiss and Associates. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Mayor wilcox. 15 4/6/87 Also present were: Roger Hardgrave, City Engineer; James Richardson, Deputy City Administrator; Phil Arvizo, Executive Assistant to the Council; Robert Torbitt, Equip- ment Superintendent. CENTRAL GARAGE MANAGEMENT AUDIT BY HUGHES, HEISS AND ASSOCIATES In a memorandum dated March 24, 1987, Ray Schweitzer, City Administrator, stated that the final report on the Central Garage audit prepared by Hughes, Heiss & Associ- ates had been prepared. (29) Gary Goelitz, Senior Associate with Hughes, Heiss and Associates, gave an overview of the "Analysis of the Man- agement, Staffing and Operations of the Central Garage Division". Roger Hardgrave, City Engineer, answered questions regarding the management of the Central Garage. COUNCIL MEMBER ESTRADA EXCUSED At 1: 04 p.m., Council Member Estrada left the Redevelopment Agency Meeting. No formal action was taken at this time. (See Page 19) RECESS MEETING At 1:50 p.m., the Regular Meeting of the Redevelop- ment Agency recessed to 2:00 p.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. RECONVENE MEETING At 2:03 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strick- ler; City Attorney Prince, City Clerk Clark, City Admini- strator Schweitzer. Absent: None. APPEAL HEARING - DENIAL OF CONDITIONAL USE PERMIT NO. 87-6 - ALCOHOLIC BEVERAGES - 324 W. HIGHLAND AVENUE - DAVID & CAROL PADDOCK AND RON GROVE - "CITY LIGHTS" This is the time and place set for an appeal hearing concerning the Planning Commission's denial of Conditional Use Permit No. 87-6 to allow the sale of alcoholic bever- ages for on-site consumption in the C-3 General Commercial Zone, located at 324 W. Highland Avenue, between "D" Street and Arrowhead Avenue, as filed by David and Carol Paddock and Ron Grove, dba "City Lights". (46) Dave Anderson, Acting Planning Director, stated that his office had received a request from David and Carol Paddock and Ron Grove, dba City Lights, for a 30-day ex- tension regarding the denial of CUP 87-6. Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the appeal hearing concerning Conditional Use Permit No. 87-6, be continued to the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held May 11,1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 16 4/6/87 APPLICATION FOR CHANGE OF ZONE NO. 87-2 - FROM R-l TO R-3-l800 - CORNER OF 28TH AND "E" STREETS - RICHARD & JANE LAZAR AND RICHARD BYER In a memorandum dated March 18, 1987, Dave Anderson, Acting Planning Director, stated that at the Planning Commission Meeting held March 17, 1987, the application from property owners Richard and Jane Lazar and Richard Byer fo r Change of Zone No. 87 -2, to change the land use zoning designation from R-l, Single Family Residential, to R-3-l800, Multiple Family Residential on a .20 acre site located on the northwest corner of 28th and "E" Streets, was recommended for approval. (47) Dave Anderson, Acti ng Plann i ng Director, s ta ted tha t a request for a continuance of the application for Change of Zone No. 87-2 had been requested by the property owners. The decision was made that since many residents of the area and property owner Richard Lazar were present at the Council Meeting, that the application for Change of Zone No. 87-2 would be considered at this time. Mary Jane Wilson, 2796 "E" Street, spoke in opposi- tion to the change of zone and to the proposed building of a duplex or triplex on the property, and stated that a petition of 209 names of neighborhood residents protesting the change of zone had been compiled. Al Ballard, 2739 "F" Street, spoke in opposition to the proposed zone change. Jerry Campbell, 2120 N. "E" Street, spoke in opposi- tion to the requested change of zone, stating that he had spoken with property owner Richard Lazar, who told him that he planned to sell the proposed duplex or triplex in five years. Royce Austin, 2756 N. "G" Street, stated that she would not have purchased her home in the area had she known that multiple housing would be on the corner of 28th and "E" Streets. Rick Lazar, part owner of the property, spoke in favor of the change of zone. He stated that although Mary Jane Wilson of 2796 "E" Street spoke in opposition to his building of a duplex or triplex, that she, in fact, has a triplex on her property which is across the street from his property. He requested the same right to build as others have had in the neighborhood. Mr. Lazar provided photographs of Mrs. Wilson's two-story triplex, stating that he plans to build a single-story duplex or triplex, which would be more com- patible to the neighborhood. Another photograph showed a large apartment complex of eight to ten units on the southeast corner of 28th and "E" Streets. He provided a photograph of his development of property at 25th Street and Arrowhead Avenue. Mary Jane Wilson, 2796 "E" Street, stated that she has three units on her property; her own home and two other units. She is opposing the change of zone due to density in the neighborhood. Rick Lazar, part owner of the property, answered questions, stating that he plans to build a single-story duplex or triplex on the property, depending on what the 17 4/6/87 engineer can work out regarding parking and lot size. He stated that the General Plan for the area calls for R-l, not R-3 zoning. council Member Quiel made a motion, seconded by Coun- cil Member Frazier and unanimously carried, that the findings and recommendation of the Planning Commission be rejected, and that Change of Zone 87-2 be denied. APPLICATION FOR CHANGE OF ZONE NO. 86-26 - FROM C-3A AND R-1-7200 TO R-3-3000 - MUSCOTT STREET - DUKES-DUKES & ASSOCIATES - NORTH STAR DEVELOPMENT In a memorandum dated March 20, 1987, Dave Anderson, Acting Planning Director, stated that an application had been received from Dukes-Dukes and Associates for Change of Zone No. 86-26, to change the land use zoning desig- nation from C-3A, Limited General Commercial, and R-l- 7200, Single Family Residential, to R-3-3000, MUltiple Family Residential, regarding 10.1 acres located approxi- mately 675 feet west of the centerline of Muscott Street on the southerly side of Highland Avenue, owned by North Star Development. (48) Council Member Frazier made a motion, seconded by Council Member Flores and unanimously carried, that the findings and recommendation of the Planning Commission be approved. REQUEST FOR PARTICIPATION BY PLANNING COMMISSION - RECRUITMENT/SELECTION - PLANNING DIRECTOR In a memorandum dated March 24, 1987, Dave Anderson, Acting Planning Director, stated that he had received a request from Marvin Shaw, Vice Chairman of the Planning Commission, requesting that the Planning Commission, or its representative, be involved in the recruitment and selection of the City's Planning Director. (49) The Mayor and Common Council discussed past practice of interviewing and selecting department heads, stating that the Common Council has not previously been involved in the selection of an interviewing team. Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that the matter concerning the request from the Planning Commis- sion, that the Planning Commission, or its representative, be involved in the recruitment and selection of the City's Planning Director, be tabled. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 5.42 AND 12.56 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE THAT A BUSINESS LICENSE FEE SHOULD BE CHARGED ONLY FOR A CIRCUS, RODEO OR OTHER SIMILAR EXHIBITION, EXCLUDING PROFESSIONAL BASEBALL GAMES, WHERE FOOD BOOTHS, ENTER- TAINMENT RIDES, MIDWAY ATTRACTIONS, AND THE LIKE, ARE CONDUCTED; TO ELIMINATE THE PROVIS ION OF A NON REFUNDABLE PERMIT APPLICATION FEE; TO ELIMINATE THE PROVI- SION OF A CLEAN-UP DEPOSIT; TO PROVIDE FOR A DEPOSIT FOR USE OF BARRICADES; AND RE- PEALING SECTION 12.56.040 SUBSECTION C. FIRST (26) City Clerk Clark read the title of the ordinance. Council Member Frazier made a motion, seconded by Council Member Maudsley and unanimously carried, that further reading of the ordinance be waived, and that said ordinance be laid over for final adoption. 18 4/6/87 COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. APPEAL HEARING - DEMOLITION OF APARTMENT COMPLEX - 1721 NORTH CONEJO DRIVE - LOUIS ARIAS - L.Y.W. INVESTMENT COMPANY - CONTINUED FROM MARCH 9, 1987 This is the time and place set for an appeal hearing requested by Louis Arias on behalf of L.Y.W. Investment Company, regarding the Board of Building Commissioner's decision to demolish an existing apartment complex located at 1721 North Conejo Drive. (27) Council Member Reilly made a motion, seconded by Council Member Flores and unanimously carried, that the appeal hearing be continued to the Regular Meeting of the Mayor and Common Council to be held May 18, 1987, in the Council Chambers 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. REVIEW AND APPROVAL - CENTRAL GARAGE MANAGEMENT AUDIT BY HUGHES, HEISS AND ASSOCIATES - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to from earlier in the meeting regarding the review and approval of the Central Garage Management Audit by Hughes, Heiss and Associates. (See Page 16) (29) Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that the final report of the Central Garage Management Audit by Hughes, Heiss & Associates be approved, and the City Ad- ministrator be directed to work with the Public Works Director and Garage Superintendent to evaluate the impact of each recommendation and devise a plan of implementation with time frame, with input from user departments. City Administrator Schweitzer was asked to put this item on the Agenda of the Adjourned Regular Meeting of the Mayor and Common Council to be held May 11, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECISION OF ACTION - APPROVAL OF CDBG REHABILITATION LOAN - INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE In a memorandum dated March 25, 1987, Ken Henderson, Director of Community Development, stated that the His- panic Chamber of Commerce desires to forego the CDBG re- habilitation loan for $81,000.00, as granted by the Mayor and Common Council on February 2, 1987. (30) Ken Henderson, Director of Community Development, answered questions, stating that the City has incurred significant costs of $3,095.20 in anticipation of the loan. Council Member Quiel made a motion, seconded by Coun- cil Member Maudsley and unanimously carried, that the action of February 2, 1987, approving a CDBG Rehabili- tation loan to the Inland Empire Hispanic Chamber of Com- merce, be rescinded. 19 4/6/87 I CERTIFICATION OF NORTHWEST PROJECT AREA COMMITTEE SPECIAL ELECTION RESULTS - MARCH 25, 1987 In a memorandum dated March 30, 1987, Shauna Clark, City Clerk, provided the final tally of the Northwest Project Area Committee Special Election of March 25, 1987. (31) Council Member Quiel made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that the re- sults of the Special Election held regarding the Northwest Project Area Committee on March 25,1987, be declared official as follows: 1. Pamela Hicks Gordon 2. Henry Marshall 3. Albert Lumpkin 4. David A. Lechuga 5. Dora Melgoza 6. Bessie Harris 7. Eddie Perez 8. Juan Miguel Or ti z 9. Clydie M. Ramsey 10. S. Douglas Taylor, MD 11. Vicki Lee 12. Ronald Jackson 13. Gary Kirkwood 14. Ronnie L. Smith 15. Robert L. Dotson 16. Timothy Rice, Sr. 17. Valerie Beauregard 18. Lita E. Pezant 19. Billie E. Hodge 20. Willie Garrett 21. Wesley B. Jefferson 22. Frank B. Moore 261 254 254 253 250 247 242 237 231 153 137 135 126 120 114 113 112 111 102 58 54 30 COUNCIL MEMBERS REILLY AND QUIEL EXCUSED Council Members Reilly and Quiel left the Council Meeting. RELOCATION OF WEST HIGHLAND POSTAL AND UTILITY COLLECTION CENTER In a memorandum dated April 6, 1987, Craig Graves, City Treasurer, stated that the present location of the West Highland Postal and Utility Collection Center at the Carpenter's Union Hall, 2050 N. Mt. Vernon Avenue, is not adequate for the operation, and does not allow staff to provide service to other sections of the community. (32) Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that the relocation of the West Highland Postal and Utility Col- lection Center be referred to the Ways and Means Commit- tee, to look into the possibility of other locations for the center and the possibility of having a portable faci- lity; and that the City Administrator and City Treasurer meet and bring information to the Ways and Means Committee regarding financial impact of the project on the City and the pros and cons of the project. COUNCIL MEMBERS REILLY AND QUIEL RETURNED Council Members Reilly and Quiel returned to the Council Meeting. 20 4/6/87 DISCUSSION - CASES FILED AGAINST THE CITY - COUNCIL MEMBER ESTRADA - CONTINUED FROM MARCH 23, 1987 This is the time and place set for discussion and review of the number of cases that have been filed against the City in recent times, and to review the report on the disposition of cases prepared by Risk Management, as re- quested by Council Member Estrada. (33) City Administrator regarding the format of cases as prepared by Risk Schwei tzer answered questions the report on the disposition of Management. Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that Coun- cil Members Estrada and Maudsley serve as a committee of two to work with the City Administrator and bring back to the next meeting of the Mayor and Common Council a format and approximate cost regarding a report on the disposition of cases filed against the City. LEGISLATIVE REVIEW COMMITTEE MEETING REPORT - MARCH 26, 1987 Council Member Strickler, Chairman of the Legislative Review Committee, presented a report of the Legislative Review Committee Meeting held March 26, 1987. The fol- lowing items were discussed: (34) 1. ~i t~~i..<:Y~~nde!.ground Utili ties Item continued to allow City Attorney and City Engineer to "clean up" the ordinance. 2. Vector Control Program - Item contin- ued to April 9, to give City Attorney time to meet with County Attorney on the reso- lution. 3. Water Problem on La Hacienda Drive - Item continued. The Committee recom- mended that the City Engineer meet with Councilman Maudsley to discuss financing of the recommended drainage from this area. The City Attorney was directed to draft a disclaimer that residents will be asked to sign. Solution to be presented at April 9 meeting. 4. ~equest for Provision of Police Com- munity Service Office - Senior Citizen's Center in perris Hill Park - Item contin- ued. City Attorney, City Engineer and Director of Parks, Recreation and Commun- ity Services to meet regarding available space. 5. Qrdinance~mendi~Section 9.90.010 - Authorizing Police Assistants to Arrest and Issue Notices to Appear - The Commit- tee recommended approval. 6. Installation of Aerial Pole Line by Edison - Northpark Blvd. Between Univer- sity Par~wayandLTtrre-Mountain Drive - Item continued. City Engineer to contact property owners. City Attorney is to research and draft an ordinance that would require undergrounding throughout the City. 21 4/6/87 7. Proposed Revisions to Municipal Code - Requirement for Connection of Developments !~l!~ewer~~!em Item continued. City Attorney to write an amendment and return on April 30. 8. Proposed Revision to Section 19.56.420 of Municipal Code - Drainage of Storm Waters Over City Sidewalks - Item contin- ued. City Attorney and City Engineer will "clean up" the revision and return on April 30. 9. Level Paths of Travel Across Driveways ~~~est Committee Clarification - Item continued. City Engineer will provide a study with plans, sketches, construction material required, etc. Item to return on April 30. 10. Secondary Access to Property East of Rt. 330 and North of H~land Avenue - Stubblefield Construction Co. - Item con- tinued to April 9. Positive information and maps to be drawn up with recommended solution. 11. Waiver of Fees - School District - Item continued. City Engineer and City Attorney will review the fees and coordi- nate with the School District to determine what they can and cannot pay. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the report of the Legislative Review Committee meeting held March 26, 1987, be received and filed. ORD. MC-588 - ORDINANCE OF THE CITY OF SAN BERNARDINO IMPOSING IN CERTAIN DEFINED AREAS, AN INTERIM HOLD ON APPROVAL OF GENERAL PLAN AMENDMENTS, RESIDENTIAL ZONE CHANGES AND OTHER RESIDENTIAL ACTIONS DEFINED AS DISCRETIONARY, AND DECLARING THE URGENCY THEREOF. FINAL (S-6 ) City Clerk Clark read the title of the ordinance. Council Member Strickler stated that he would abstain from this item, as he has clients interested in property in the area. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. Lillian Seminaro, realtor with Robert Langston Realty, questioned the Mayor and Common Council if the construction of a two-story home, which has already been approved on a piece of property located at 5405 Stoddard, would be affected by this ordinance, and was told the construction could commence. Council Member Quiel made a motion, seconded by Coun- cil Member Reilly, that further reading of the ordinance be waived and that said ordinance be adopted. Ordinance MC-588 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier. Noes: None. Absent: None. Abstain: Council Member Strickler. 22 4/6/87 COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his seat at the Council Table. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. PRESENTATION - MECHANISM FOR TAX COLLECTION VERIFICATION/AUDIT - JOHN AUSTIN - MUNICIPAL RESOURCES CONSULTANT (50) 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 AUTHO- RIZED TO RECEIVE INFORMATION CONTAINED IN, OR DER I VED FROM, THE SALE SAND USE TAX RECORDS. (50) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MUNICIPAL RESOURCE CONSULTANTS, A PARTNERSHIP OF JOHN AUSTIN AND ALLEN CHARKOW, TO PROVIDE SALES TAX AUDIT AND INFORMATION SERVICES. (50) John Austin, Municipal Resources Consultant, explained the process of a Tax Collection Verification/ Audit, and the benefits to be obtained from such an audit. Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that the Tax Collection Verification/Audit be continued to the Regular Meeting of the Mayor and Common Council to be held April 20, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. REQUEST FOR FUNDING ASSISTANCE - AMERICAN LEGION CONVENTION - WAIVER OF FEES - PARADE - JUNE 26, 1987 In a memorandum dated April 1, 1987, Mayor wilcox stated that a request has been received from the 1987 American Legion Convention Committee for funding their convention facilities and waiving certain fees in con- nection with providing City services to the American Legion parade on June 26, 1987. (S-4) Robert Davis of the American Legion was present to answer questions of the Mayor and Common Council. Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that the amount of $8,550.00 to cover the balance per the contract with the National Orange Show for the housing of the American Legion Convention be paid; that fees in the amount of $835.00 associated with the American Legion Parade be waived; and that the City Administrator be authorized to identify the appropriate funding source and make the transfer of funds. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. 23 4/6/87 REQUEST FOR TIME EXTENSION - REHABILITATION OF 1139 W. 19TH STREET - JOHN R. TINDALL - MANUEL ENRIQUEZ In a letter dated March 26, 1987, John R. Tindall, attorney on behalf of Manuel Enriquez, requested an ex- tension of time regarding rehabilitation of property located at 1139 W. 19th Street, San Bernardino. (40) John R. Tindall, attorney for Manuel Enriquez, spoke regarding the improvements which have been made to the property, and the amount of money invested thus far. John Tucker, Director of Building and Safety, spoke regarding clearing up zoning matters and issuing a permit. City Attorney Prince answered questions. John R. Tindall, attorney, answered questions regard- ing the hiring of a contractor to work on the property. John Tucker, Director of Building and Safety, pro- vided a recommendation of action. Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that a 30-day extension be granted to Manuel Enriquez, and that authority be granted to John Tucker, Director of Building and Safety, to grant two additional 30-day extensions, which will be based on progress reports submitted to him by Manuel Enriquez. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. WAYS AND MEANS COMMITTEE MEETING REPORT - MARCH 30, 1987 Council Member Frazier, Chairman of the Ways and Means Committee, provided a report of the ways and Means Committee Meeting held March 30, 1987. The following items were discussed: (35) 1. Cable TV Coordinator position - 6- Month Review After Hiring Date - The posi- tion was reviewed and accepted. The Com- mittee requested two reports, one in 90 days and another in September, to provide ongoing activities and occurrences re- lating to Cable TV. The Committee was concerned about staffing and space and asked Mr. Gray to provide them a copy of the budget. The Committee requested a report from the City Administrator pro- viding full information regarding space that had previously been identified at Norman Feldheym Library specifically for this function. Additionally, the City Administrator is to provide a cost and logistic analysis with all the options for relocating this function to a permanent facility. 2. Patton State Hospital Lease with City of San Bernardino The Committee ex- plained to the Executive Director of the Highland Senior Center that the City of San Bernardino is in no position to enter into any lease that would incur liability since the City is self-insured. The Com- 24 4/6/87 mi ttee recommended Ms. Wyman approach County Supervisors Hammock and Riordan in an effort to have the County of San Ber- nardino enter into the needed twenty-year lease. 3. City Animal Shelter - Enhanced Adop- tions - Item continued. 4. Review of Outstanding Purchase Orders - Item continued. The Committee asked that the City Administrator provide a review of the Purchase Order process with a focus on speed, accuracy, cost savings/ avoidance, quality of material, turnaround time, manning and tracking. 5. Enterprise Zone Report - The Committee requested that this be placed on the next agenda to review incentives and issues, especially related to parking. Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that the minutes of the Ways and Means Committee Meeting held March 30, 1987, be received and filed. COUNCIL PERSONNEL COMMITTEE MEETING REPORT - APRIL 1, 1987 Council Member Reilly, Chairman of the Personnel Committee, stated that the Personnel Committee did not meet as scheduled. (36) Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, that the Council Personnel Committee Meeting Report be continued to the next meeting of the Mayor and Common Council of the City of San Bernardino. REPORT FROM LEGISLATIVE REVIEW COMMITTEE - PUBLIC INPUT AT DEVELOPMENT REVIEW COMMITTEE MEETINGS This is the time and place set for a report from the Legislative Review Committee regarding the possibility of the public providing input at Development Review Committee meetings. (37) By consensus of opinion, the Mayor and Common Council decided to continue the report from the Legislative Review Committee to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held April 20, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. REPORT FROM PUBLIC BUILDINGS SUPERINTENDENT - COST INFORMATION AND SCHEDULING OF CITY HALL RENOVATION This is the time and place set Wayne Overstreet, Superintendent of regarding the renovation of City Hall. for a report from Public Buildings, (38) Wayne Overstreet, Superintendent of Public Buildings, answered questions regarding cost information and schedul- ing of the renovation of City Hall. John Tucker, Director of Building and Safety, an- swered questions, stating that he agrees with the cost estimates, and answered questions regarding improvements to City Hall for accessibility by disabled persons. 25 4/6/87 Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the excess in projected funding, through the time period stated in the report by Wayne Overstreet, Superintendent of Public Buildings, will be held to address renovation of the furniture in City Hall, and that Superintendent Over- street report back to the Mayor and Common Council in three months on the renovation. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. RES. 87-122 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH RICHARDS, WATSON & GERSHON FOR CONSULTING SERVICES RELATING TO LABOR RELATIONS MATTERS. (S-l) City Clerk Clark read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived, and that said resolution be adopted. Resolution No. 87-122 was adopted vote: Ayes: Council Members Estrada, Maudsley, Quiel, Frazier. Noes: None. Member Strickler. by the following Reilly, Flores, Absent: Council COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned Meeting and took his place at the Council to the Council Table. AUTHORIZATION TO UTILIZE CITY CREWS - ADJUST FIELD LIGHTS AT AQUINAS HIGH SCHOOL - COUNCIL MEMBER QUIEL In a memorandum dated March 31, 1987, Council Member Quiel stated that the Civitan Little League will be re- locating their games to the field at Aquinas High School, as they were asked by the City to move from Fiscalini Field in order to provide the facility to the San Bernar- dino Spirit Baseball Team. (S-2) Council Member Quiel made a motion, seconded by Coun- cil Memer Estrada and unanimously carried, that the use of a City crew and equipment be authorized to adjust the field lights at Aquinas High School. DISCUSSION OF MAGNETIC LEVITATION RAPID TRANSIT SYSTEM - TRANSRAPID INTERNATIONAL In a memorandum dated April 1, 1987, Mayor wilcox provided information regarding the Transrapid Maglev Test Facility in Emsland, Germany, and requested discussion of the system by the Common Council. (S-3) Ray Schweitzer, City Administrator, stated that the City of Las Vegas would like to make a presentation. Council Member cil Member Estrada the discussion of System until April by Mayor wilcox. Quiel made a motion, seconded by Coun- and unanimously carried, to continue the Magnetic Levitation Rapid Transit 20, 1987, at a time to be decided upon 26 4/6/87 AUTHORIZATION TO NEGOTIATE WITH COUNTY - SOLID WASTE ASSESSMENT TEST (SWAT) REPORT - CITY LANDFILL SITE - EAST OF WATERMAN AVENUE, NORTH OF 1-10 FREEWAY In a memorandum dated March 30, 1987, Manuel P. Moreno, Jr., Director of Public Services, stated that in order to meet the State deadline of July 1, 1987, author- ity is needed from the Mayor and Common Council to exped- ite negotiations with the County of San Bernardino regard- ing a Solid Waste Assessment Test Report on the former City landfill on Tri-City property, just north of the 1-10 Freeway. (S-5) Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the Purchasing Agent be authorized to negotiate with the County of San Bernardino for the performance of a Solid Waste Assessment Test (SWAT) report regarding the former City landfill site, east of Waterman Avenue and north of the 1-10 Freeway, and be directed to have the necessary contract prepared for action by the Mayor and Common Council, and that staff be instructed to see if costs can be shared with the County. AMENDMENT TO ORDINANCE - CERAMIC OR CONCRETE TILE ROOF CONSTRUCTION - HURRICANE CLIPS In a memorandum dated April 1, 1987, John Tucker, Director of Building and Safety, provided information regarding the present department policy of more stringent roofing requirements than normal code prescription for a designated high wind area north of Highland Avenue at the east and west, and otherwise north of the Crosstown Free- way. (S-7) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.04.095 OF THE SAN BERNARDINO MUNICIPAL CODE CONCERNING THE REQU I REMENT FOR ROOF ING IN HIGH WI ND AREAS. FIRST (S-7) City Clerk Clark read the title of the ordinance. Discussion ensued concerning the ordinance require- ments. Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that further reading of the ordinance be waived, and that said ordi- nance be laid over for adoption, with the amendment that this ordinance will be implemented on all projects being reviewed by the Development Review Committee that have not been approved on the date of the adoption of the ordi- nance, and will also be applicable to single family dwelling residents who have not applied for permits on the date of the adoption of the ordinance. Council Member Quiel made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that the Build- ing Commission be directed to review other substantial high velocity wind areas in the City for inclusion in the high wind roof ordinance, and report back to the Council within 30 days. RECESS MEETING - CLOSED SESSION At 4:35 p.m., Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously car- ried, to recess to a Closed Session under the authority of Government Code Sections 54956.9 (c), to confer with its 27 4/6/87 attorney regarding pending litigation (North Gate); 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party; and 54957.6, to meet with its Desig- nated Representatives regarding labor relations matters. The titles of the litigations are Saab v. City of San Bernardino, San Bernadino Superior Court No. 234561 (Land- Tech, Inc.); Saldecke, et al. v. City of San Bernardino, et al, San Bernardino Superior Court No. 236836; and Tinch v. City of San Bernardino, et al., San Bernardino Superior Court No. 231422. (41, 44 & 45) CLOSED SESSION At 4:35 p.m., Mayor Wilox called the Closed Session to order in the Conference Room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: None. Also present were: Crais Graves, City Treasurer; Stephen Deitsch, Special Counsel; John Wilson, Deputy City Attorney; Richard Bennecke, Executive Assistant to the Mayor; Phil Arvizo, Executive Assistant to the Council. CITY TREASURER GRAVES AND SPECIAL COUNSEL DEITSCH EXCUSED At 4:45 p.m., City Treasurer Graves and Special Counsel Deitsch left the Closed Session. PERSONNEL DIRECTOR PERLICK ARRIVED At 4:47 p.m., M. J. Perlick, Personnel Director, arrived at the Closed Session. ADJOURN CLOSED SESSION At 5:00 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 5:00 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strick- lerl; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: None. ASSESSMENT DISTRICT 5861 - DELINQUENT PAYMENTS - FORECLOSURE PROCEEDINGS - SABO & DEITSCH In a letter dated April 6, 1987, Stephen Deitsch of Sabo & Deitsch outlined services and costs for services concerning foreclosure proceedings and legal matters per- taining to delinquent payments of assessments for Assess- ment District 5861. (41) Council Member Strickler made a motion, seconded by Council Member Flores and unanimously carried, to author- ize the hiring of the law firm of Sabo & Deitsch, as Special Counsel, to perform legal services with respect to 28 4/6/87 foreclosure proceedings and other matters pertaining to delinquent payments of assessments, Assessment District 5861, North Gate. MAYOR'S VETO - EXEMPTION FROM SCHOOL IMPACTION FEES - PLAZA DEVELOPMENT - FORMERLY KNOWN AS LANDTECH, INC. - LITIGATION TITLE OF SAAB V. CITY OF SAN BERNARDINO - SUPERIOR COURT NO. 234561 - CONTINUED FROM EARLIER IN MEETING Mayor wilcox clarified her veto made earlier in the meeting concerning Council Action denying the exemption of Plaza Development, formerly known as LandTech, Inc., from school impaction fees, litigation title Saab v. City of San Bernardino, Superior Court No. 234561. (See Page 14) (28 ) Mayor wilcox stated that she vetoed the action be- cause she felt that the conditions which warranted the original exemption had not changed between the time the item first came before the Common Council and now. ADJOURNMENT At 5:12 p.m., Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously car- ried, that the meeting be adjourned to 4:00 p.m., Monday, April 13, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ^A#q;7/A'-:::J?~ /' Ci ty Clerk 29 4/6/87