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Home My WebLink About09-22-1986 Minutes -, City of San Bernardino, California September 22, 1986 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 Monday, September 15, 1986, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California; all members of the Mayor and Com- mon Council being absent therefrom. The City Clerk has caused to be posted the Notice of Adjournment of said meeting held Monday, September 15, 1986, at 9:00 a.m., 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 on Monday, September 15, 1986, at 9:00 a.m., 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 9:03 a.m., on Monday, September 22, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Quiel. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Quiel, Strickler; City Attor- ney Prince, City Clerk Clark, City Administrator Sch- weitzer. Absent: Council Members Marks, Frazier. RESOLUTION - COMMENDING THE POLICE COMMISSIONERS Richard Bennecke, Administrative Assistant to the Mayor, read a resolution of the Mayor, commending the individual members of the Police Corrullission for the report submitted at the Adjourned Regular Meeting of the Mayor and Common Council held September 8, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. Police Commissioners David Oberhelman and Maxine Kraft were present to accept their resolutions. COUNCIL MEMBER FRAZIER ARRIVED At 9:07 a.m., Council Member Frazier arrived at the Council Meeting. GENERAL TELEPHONE PRESENTATION - NEW COMMUNICATIONS SYSTEM FOR CITY HALL Susan Chow, Administrative Assistant to the City Administrator, provided a report entitled, "Telephone Acquisition - Executive Summary", prepared by the City Administrator's Office, September, 1986, concerning the proposed new communication system for City Hall, which would reduce costs by $58,000 annually. (8) COUNCIL MEMBER MARKS ARRIVED At 9:10 a.m., Council Member Marks arrived at the Council Meeting. Dave Walker, Western Regional Accounts Manager of National Electric Corporation, made a presentation of the new proposed communication equipment, and explained some of its features; such as least cost routing, speed dial- ing, digital displays and prograwming. Discussion was held concerning the replacing of existing cables and lease lines. Jerry Supernaw, a representative of Communication Resources Company, Inc. the City's telephone consultant, provided a cost analysis regarding the different types of systems available which had been investigated. The Council discussed the need for a cost analysis on the use of lease lines as opposed to fibre optics, the future use of microwave, the amortization of the system over ten years, and service and guarantee agreements. Pam regarding optics. Mulvaney, a representative of CRC, the use of microwave transmission and spoke fiber Ci ty Administrator Schweitzer answered questions regarding the financing of the equipment. Ernie Lake, Regional Sales Manager for GTEL, an- swered questions concerning the agreement, methods of payment for the system, and a Letter of Intent from the city. Susan Chow, Administrative Assistant to the City Administrator, stated that the City is not responsible for payment until thirty days after installation of the system, which will take approximately four months. Discussion was held concerning payment to the vendor, no required down payment, and prepayment of the agreement without penalty. City Administrator Schweitzer presented a resolution for financing the phone system through a lease arrangement for GTEL. He explained that the lease will provide a fallback increase if the Certificates of Participation are not issued by the time the first payment on the phone system is due. RES. 86-373 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND GTE LEASING CORPORATION FOR THE n'lS'rALLATION OF A NEVI TELEPHONE SYSTEM. (8) City Clerk Clark read the title of the resolution. Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived, that said resolution be amended by interdelineation by inserting a statement that the City may purchase equipment at any time with no prepayment penalty and to add the option to convert the land lines to microwave, and that said resolution be adopted, as amended. Resolution No. 86-373 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. 2 9/22/86 LEAGUE OF CALIFORNIA CrrIES AHNUAL CONFERENCE - OCTOBER 19 - 22, 1986 Mayor Wilcox requested that anyone interested in attending the League of California Cities Annual Confer- ence contact her office by the October 6, 1986, Regular Meeting of the Mayor and Common Council, so that the voting delegate forms may be sent. (New Business) COUNTY OF SAN BERNARDINO SOLID WASTE WORKSHOP - OCrOBER 6, 1986 Mayor wilcox stated that there is a workshop sche- duled on October 6, 1986, by the County of San Bernardino, regarding the disposal of solid waste. This hearing date conflicts with a luncheon scheduled for the Cable Tele- vision Commissioners. Mayor wilcox requested that the Council consider either scheduling an orientation workshop on October 20, 1986, regarding solid waste disposal, or changing the luncheon date for the Cable Television Com- missioners in order for interested Council Members to attend the hearing with the other cities involved in the concern of solid waste disposal. (New Business) Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the luncheon for the Cable Television Commissioners be post- poned until October 20, 1986, whicll will be coordinated by the Council Office; and that the Mayor be directed to indicate to the County of San Bernardino that the Council will be present for the October 6, 1986, Solid Waste Work- shop. HIGHLAND-DELMANN HEIGHTS WATER SYSTEM Council Member Hernandez stated that the Water Ad Hoc Committee, established by the Mayor and Common Council to consider the Highland-Delmann Heights Water System and to meet with the East Valley Water District, has met twice with the representatives from the East Valley Water Dis- trict, and that City Administrator Schweitzer was directed to prepare a report providing options and alternatives of the City concerning water negotiations. (New Business) He further stated that he received a letter dated September 17, 1986, from Larry Rowe, General Manager of the East Valley Water District, reporting that the High- land-Delmann Heights Quality Water Supply Authority met on September 16, 1986, to discuss the status of activities related to the acquisition of the Southern California Water Company's San Bernardino Division. In his letter, Larry Rowe stated that City represen- tatives put forth a proposal which may affect the East Valley Water District's position on the costs for ac- quiring the Highland and Delmann water systems. Council Member Hernandez stated that the Mayor, as a member of the Joint Powers Authority, made a proposal to the East Valley Water District, which was other than that made by the Water Committee. The issue is whether or not the Mayor followed the line of negotiations set forth by the Council Ad Hoc Com- mittee on Water or acted independently of the Council Committee. Mayor wilcox explained her role in negotiations as a member of the Joint Powers Authority. City Administrator Schwei-tzer answered questions concerning the finalization of a Delmann Heights Water Negotiating Committee Report, which he will have available no later than 4:00 p.m. 3 9/22/86 Discussion was held concerning matters of difference between Council Ad Hoc Committees and the Mayor being handled at a separate meeting for settlement instead of taking time away from scheduled agenda items at Council Meetings. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that discussion be held at the end of the Council Meeting Agenda regarding negotiations with the Joint Powers Author i ty and problems associated with representation of the City. POLICY - UTILITY RATE INCREASES ON AGENDA Council Member Marks stated he had read an article in the L.A. Times concerning a proposed increase in Southern California Gas Company rates, and questioned why the rate increase was not on the Council Agenda. (New Business) City Clerk Clark explained that any rate increase notices received from the Public Utilities Commission are now being forwarded directly to the Council Office, and any Council member may place them on the agenda whenever they wish. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the longstanding policy regarding proposed utility rate in- creases being placed on the Council Agenda, be continued. APPROVE MINUTES - SEPTEMBER 8 & 9, 1986 Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 8th and 9th days of September, 1986, be approved as amended by interdelinea- tion as follows: Page 2 - The name of Assemblyman Bill Leonard be changed to read William E. Leonard; Page 11 - last paragraph, that the motion read, ".. .that the total grant and loan amount will not exceed $10,000..."; and that on Page 3S, Council Member Marks' motion be clarified to read that meetings "will" be taped, instead of "can" be taped. (1) CLAIMS AND PAYROLLS Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, to ap- prove claims and payrolls and authorize the issuance of warrants as listed on the memorandum from the Director of Finance as follows: (2) 1. Approve the register of demands dated: September 3, 198b September 9, 1986 86/87 #l 86/87 #2 $1,133,Sb1.23 491,917.57 2. Approve the total gross payroll for the period August 18, 1986 through August 31, 1986, in the amount of $1,328,06S.81. OUT-OF-STATE TRAVEL - DEPUTY FIRE CHIEF RICHARD A. MOON - SOUTHERN AREA FIRE EQUIPMENT RESEARCH ORGANIZATION - PHOENIX, ARIZONA - OCTOBER 2 - 5, 1986 In a memorandum dated September 10, 1986, Fire Chief Newcombe stated that in the past, the Mayor and Common Council have approved requests for travel to National and Regional meetings and conferences pertaining to fire pro- tection and fire prevention, and requested approval of out-of-state travel for Deputy Fire Chief Richard A. Moon. (4) 4 9/22/86 1-_. Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that authorization be given to Deputy Chief Richard A. Moon to travel to Phoeni x, Ar izona, to at tend the joint meeting (Arizona, California & Nevada) of the Southern Area Fire Equipment Research (SAFER) Organization. Deputy Chief Moon is a member of the Board of the Southern California group. EXTENSION O~' CONTRACT - AMERICAN SWEEPING - AUTHORIZATION TO RE-ADVERTISE FOR BIDS In a memorandum dated September 12, 1986, Roger Hard- grave, Director of Public Works/Engineering, stated that after bids were received for sweeping services for the Central City Mall parking spaces and three-level parking structure, Custom Sweeping Service was the low bidder. However, the low bidder had failed to provide a perfor- mance bond within the time specified in the contract. Therefore, Wayne Overstreet, Superintendent of Public Bui Iding s/ Par king Control, is recorrunending that the con- tract now go to Robert stone, American Sweeping. (6) Mr. Stone, the contractor for the services in 1985/ 86, has continued to provide sweeping services, and has agreed to extend his contract for 120 days. Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that the extension of the contract with American Sweeping Service for sweeping the Central City Mall surface parking lots and three-level parking structure, for a period of 120 days, be approved; and that the Director of Public Works/ Engineering be authorized to readvertise for bids. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. PERSONNEL ACTIONS Discussion was held regarding promotions within the Police Department allowing for more first line supervisors being available for street duty. (3) City Administrator Schweitzer answered questions regarding the request for a Higher Acting Classification for the Secretary to the City Administrator position to Executive Secretary to the City Administrator. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the request for a Higher Acting Classification for the Secre- tary to the City Administrator position to Executive Sec- retary to the City Administrator, be referred to the Per- sonnel COlillnittee. COUNCIL MEMBER STRICKLER RETum,ED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that the balance of 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: 5 9/22/86 I APPOINTMENT - TEMPORARY Parks, Recreation & Community Services Recreation Leader/Part-Time - Effective September 23, 1986 Darrell B. Britt Paula M. Morales Kenny Botello Russell Montana Cynthia L. Chavez Jean M. Speka Henry Ramirez Supervising Lifeguard/Part-Time - Effective September 23, 1986 Ruby A. Wright-Cortinas John Wesling Thomas E. Wilson Senior Recreation Leader - Effective September 23, 1986 Consuelito Guerra Teresa Rodriquez Gregory Torres Constance D. Montana Sue Tropio Ruben M. Campos Jimmie Maner - Kitchen Helper/Part-Time - Effective September 23, 1986 Vivian Arellano - Food Service Worker I/Part-Time - Effective September 23, 198b Police Crossing Guard/Part-Time - Effective September 8, 1986 Barbara Adams Carnel Daniels James A. Johnson Herman C. Allen Joe A. Fierro Crossing Guard/Part-Time - Effective September 23, 1986 Mark D. McNeal Martha S. Wright PROMOTION Police Michael L. Gile - From Training Officer to Sergeant - Effective September 23, 1986 PROMOTION - TRANSFER Police Jerry M. Devlin - From Sergeant to Lieutenant - Effective September 29, 1986 James H. Goddard - From Detective to Sergeant - Effective September 27, 1986 William C. Harps - From Detective to Sergeant - Effective September 26, 1986 Dennis Kraus - From Detective to Sergeant - Effective September 25, 1986 6 9/22/86 Ronald S. Schwenka - From Detective to Sergeant - Effective September 24, 1986 David L. Thomas - Lieutenant to Captain - Effective September 29, 1986 PROMOTION - TEMPORARY Public Buildings From Custodial Aide II to Custodial Aide III - Effective September 23, 1986 Phillip A. Becerra Jose T. Gonzalez Johnny Rodriquez Cornelius Crayton Ernest Greer Anthony Washington From Custodial Aide I to Custodial Aide II - Effective September 23, 198b Sebastian Beltran Robert DeLaCruz Gregorio A. Cortez Jesus T. Montoya PROMOTION - PROVISIONAL Public Services/Street Dany R. Nolfo - Abatement - Effective September 23, 1986 LEAVE OF ABSENCE WITHOUT PAY - EXTENSION Fire/Dispatch Shereen Garcia - Dispatcher II - From July 10, 1986 to September 19, 1986 - Effective July 10, 1986 WAYS AND MEANS COMMITTEE MEETING REPORT - SEPTEMBER 17, 1986 - CABLE TELEVISION FRANCHISE TRANSFER - GROUP W. CABLE, INC. 'ro COMCAS'r CORPORATION OF CALIFORNIA Council Member Marks, Chairman of the Ways and Means Committee, presented the recommendation of the Ways and Means Committee concerning the transfer of cable tele- vision franchise Group W. Cable, Inc. to Comcast Corpora- tion of California, which was considered as Item 9 on their Agenda of a meeting held September 17, 1986, as follows: (24) 9. Comcast - Group W Cable TV - The Com- mittee unanimously recommended that the Council approve the settlement as recom- mended by staff and Community TV Commis- sion and adopt the resolutions. The Com- mittee wishes to thank staff and the Com- missioners for negotiating an outstanding program. (See attached proposed resolu- tion. ) (24-9) Discussion was held concerning the unanimous recom- mendation given to the following resolution by the Ways and Means Committee: RES. 80-374 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONCERNING THE TRANSFER OF THE CABLE TELEVISION SYSTEM FRANCHISE FROM GROUP W CABLE, INC. TO COMCAST CABLEVISION CORPORi,'l'ION OF CALIFORNIA. (24) City Clerk Clark read the title of the resolution. 7 9/22/86 Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived. Maureen Whalen, attorney for Comcast Corporation of California, was present to answer questions. The Mayor and Common Council went on record stating that an outstanding job of transferring the cable tele- vision franchise was performed by the Cable Television Commission; Harold Horn, consultant; Dean Gray, the new Cable Television Coordinator; Comcast corporation of California and City Administrator Schweitzer. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-374 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, StriCkler. Noes: None. Absent: READING AND WAIVING OF RESOLUTIONS ON AGENDA City Clerk Clark read the titles of the remaining resolutions on the agenda. Council Member Marks made a motion, Council Member Quiel and unanimously carried, reading of the resolutions be waived. seconded by that further LEASE AGREEMENr AMENDMENT - BOARD OF WATER COMMISSIONERS - OFFICE SPACE IN CITY HALL - CONTINUED FROM SEPTEMBER 8, 1986 Discussion was held concerning the hearing of the Water Board regarding a lease agreement amendment with the Board of Water Commissioners for office space in City Hall. (7) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMEWr TO LEASE AGREEMENT WITH THE BOARD OF WATER COMMISSIONERS RELATING TO LEASE OF OFFICE SPACE IN CITY HALL. (7) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the lease agreement amendment with the Board of Water Commis- sioners for office space in City Hall be continued until later in the meeting when Herb Wessel, General Manager of the Water Department, can be present. (See Page 11) COUNCIL MEMBERS FRAZIER AND STRICKLER EXCUSED Council Members Frazier and StriCkler left the Coun- cil Meeting. RES. 86-37S - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMEN'r WI'rH HUGHES, HEISS AND ASSOCIATES, INC., RELATING TO THE CONDUC- TING OF A MANAGEMENT AUDIT OF CITY'S CEN- TRAL GARAGE DIVISION, PUBLIC WORKS DEPART- MENT. (See Page 12) (10) Susan Chow, Administrative Assistant to the City Administrator, stated that a preliminary report will be complete in January, 1987. 8 9/22/86 Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted as amended by interdelineation that the agreement may also be terminated for convenience. Resolution No. 86-375 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel. Noes: None. Absent: Council Members Frazier, Strickler. COUNCIL MEMBERS FRAZIER AND S'rRICKLER RETURNED Council Members Frazier and Strickler returned to the Council Meeting and took their places at the Council Table. RES. 86-376 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREE~lEWl' WITH THE STA'rE OF CALIFOR- NIA DEPARTMENT OF TRANSPORTATION FOR THE DISPOSAL OF ANIMAL CARCASSES FROM STATE HIGHWAYS IN THE SAN BERNARDINO AREA. (9) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-376 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 86-377 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING TWO SIDE LETTER AGREEt1ENTS BETWEEN 'rHE CI'rY AND THE AMERI- CAN FEDERATION OF STATE, COUNTY AND MUNI- CIPAL EMPLOYEES LOCAL 122 AFL-CIO (GENERAL PERMANENT AND POLICE DEPARTMENT GENERAL EMPLOYEES) CONCERNING STANDBY, CALLBACK AND COURT SUBPOENA TIME PAY. (11) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-37/ was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler; Noes: None. Absent: RES. 86-378 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN M1ENDMEN'l' TO AGREEMENTS WITH THE BOYS' CLUB OF SAN BERNARDINO, INC., FAMILY SERVICES, MERRI-MIXERS, FRAZEE COMMUNITY CENTER, ROLLING START, INC., AND CASA RAMONA, INC., RELATING TO A REINSTATEMENT OF FUNDING FOR THESE SOCIAL SERVICES PRO- GRAMS AT THE 1985-86 LEVEL ON A MONTH- TO-MONTH BASIS FOR A PERIOD OF THREE MONTHS. (12) Council Member Estrada requested that the record show she abstained from this matter. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. Ray Schweitzer, City Administrator, answered ques- tions regarding the term of Casa Ramona's contract, stating that their fiscal year begins in September. 9 9/22/80 Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. vote: Quiel, Member Resolution No. 86-378 was adopted by the following Ayes: Council Members Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Estrada. COUNCIL MEI1BER ESTRADA RETURNED Council Member Estrada returned Meeting and took her place at the Council to the Table. Council ACKNOWLEDGEMENT OF PRESENCE OF Mayor Ihlcox acknmdedged that Jury were present in the audience, City Hall. GRAND JURY three members of Grand and welcomed them to RES. 86-379 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO REDLANDS PAVING, INC., FOR WIDENING OF SECOND STREET, FROM ROUTE 1-215 FREEWAY TO "G" STREET. (14) Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-379 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, StriCKler. Noes: None. Absent: RES. 86-380 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO POMONA VALLEY EQUIPMENT RENTALS, INC., FOR THE DEMOLITION OF A TWO STORY BUILDING AT 1093 W. FIFTH STREE'r IN ACCORDANCEWI'rH BID SPECIFICATION F-87-3. (15) Council Member Frazier made a motion, seconded by Council Member strickler and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-380 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 86-381 - 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. (680 W. 8TH STREET, 1599 W. BASELINE, 1772 N. COLORADO, 969 N. "F" STREET, 966 N. ACACIA, 1598 N. MT. VERNON, AND 1637 N. MT. VIEW) (16) Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-381 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler; Noes: None. Absent: 10 9/22/86 RES. 86-382 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED IN PART "A RESOLUTION... PROHIBITING PARKING UPON CERTAIN DESIG- NATED STREETS OR PORTIONS THEREOF...", TO ESTABLISH A NO PARKING ZONE ON PORTIONS OF MT. VIEW AVENUE, RIALTO AVENUE, SECOND STREET AND SIERRA WAY. (13) Council Member Reilly made a motion, seconded by Council ~1ember Frazier ,that said resolution be adopted. Resolution No. 86-382 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Str ickIer. Noes: Council Member Hernandez. Absent: None. COUNCIL MEMBER QUIEL EXCUSEO Council Member Quiel left the Council meeting. REVIEW OF PLANS - SINGLE FAMILY DWELLINGS IN FOOTHILL AREA Counc i 1 Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the agenda item concerning the review of plans for single family dwellings in the foothill area be continued until 2: 00 p. m., in the Council Chambers, ci.ty Hall, 300 North "D" Street, San Bernardino, California. (See Page1S)(17) COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. AMENDMENT OF CHAPTER 19.12 - SAN BERNARDINO MUNICIPAL CODE - MULTIPLE FAMILY RESIDENTIAL DISTRICT Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the agenda item concerning an amendment of Chapter 19.12 of the San Bernardino Municipal Code regarding a Multiple Family Residential District be continued until 2:00 p.m., in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. (See Page 17) (18) AMENDMENT OF SECTION 18.40.160 - SAN BERNARDINO MUNICIPAL CODE - TWO MEANS OF INGRESS AND EGRESS Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the agenda item concerning an amendment of Section 18.40.160 of the San Bernardino Municipal Code regarding two means of ingress and egress, be continued until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, as City Attorney Prince stated that a draft of the amendment would be prepared at that time. (19) AMENDMEN'l' TO LEASE AGREE!1ENT - BOARD OF WATER COMMISSIONERS - OFFICE SPACE IN CITY HALL - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consi- deration of an amendment to a lease agreement with the Board of Water Commissioners for office space in City Hall. (Seepage8) (7) 11 9/22/86 Herb Wessel, General Manager of the Water Department, stated that there are three provisions in the lease agree- ment that have been questioned by the Water Board: 1) retroactivity to July 1, 1986; 2) the calculation of the square footage; and 3) the type of services included in the lease being similar to what is provided other City departments at the $1.2~ rate. The Water Board has ap- proved the lease in principle. RES. 86-383 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMEN'r TO LEASE AGREEMENT WITH THE BOARD OF \i,ATER COMMISSIONERS RELATING TO LEASE OF OFFICE SPACE IN Crry HALL. (See Page 38) ( 7 ) City Clerk Clark read the title of the resolution. Council ~lember Quiel made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-383 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, StriCkler. Noes: None. Absent: AGREEMENT - HUGHES, HEISS AND ASSOCIA'rES, INC. - MANAGEMENT AUDIT OF CITY CENTRAL GARAGE DIVISION - SEE RESOLUTION 86-375 Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried that an Ad Hoc Committee be formed with volunteers Council Members Estrada and Reilly, to work with the consultant in the Garage Study concerning a management audit of the City Central Garage Division. (See Page 8 ) (10) APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER OF ABATEMENT - 638 "L" s'rREET - CRUZ M. SAENZ ON BEHALF OF VE'rERANS ADMINISTRATION - CONTINUED FROM SEPTEMBER 8, 1986 This is the time and place continued to for an appeal hearing of the Board of Building Commissioners' Order of Abatement of property located at 638 "L" Street, filed by Cruz M. Saenz on behalf of the Veterans Administration. (20) Mayor Wilcox opened the hearing. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the appeal hearing be closed. Council Member Quiel made a motion, seconded by Council Member Reilly, that the appeal be accepted, that the decision of the Board of Building Commissioners be overridden and that the proceedings concerning the Order of Abatement of the nuisance located at 638 "L" Street be terminated. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strick- ler. Noes: Council Members Hernandez, Marks. Absent: None. 12 9/22/86 APPEAL - BOARD OF BUILDING CO~lISSIONERS' DECISION- ABATE PUBLIC NUISANCE - 5718 NORTH "D" STREET - TED D. BlUR In a letter dated September 14, 1986, Ted D. Bair, 5704 North "E" Street, San Bernardino, California 92407, appealed the decision of the Board of Building Corrmlis- sioners to abate a public nuisance on property located at 5718 North "D" Street, San Bernardino, California. (21) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the setting of a hearing for 9:00 a.m., Monday, October 6, 1986, to discuss the appeal of the Board of Building Com- missioners. decision relative to the abatement of a public nuisance located at 5718 North "D" Street, be continued until the Regular Meeting of the Mayor and Common Council to be held October 6, 198b, in the Council Chambers, City Hall, 300 North "D" Street. REDEVELOPMENT AGENCY - 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. YWCA DISPOSITION & DEVELOPHENT AGREEMEL,n - SALE OF RDA REAL PROPERTY TO YWCA - CENTRAL CITY EAST In a memorandum dated September 16, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, requested that a joint public hearing be set for October 20, 1986, to consider a DDA that would change the terms to $S,OOO down plus a non-interest bearing note for $29,204 to be paid at $350 per month for seven years. (R-3a) Council Meraber Quiel made a motion, seconded by Council Member Reilly and unanimously carried, to set a joint public hearing at 11:00 a.m., Monday, October 20, 1986, to consider the sale by the Redevelopment Agency of real property located within the Central City East Rede- velopment Project Area to the YWCA. ENTERPRISE ZONE ORDINM~CE ORD. MC-543 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.18 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE ENTERPRISE ZONE TO INCLUDE MULTI- FAMILY HOUSING WITHIN PROVISIONS FOR IN- FILL HOUSING, TO EXEMPT CER'rAIN CONSrRUC- TION FROM CULTURAL DEVELOPMENT CONSTRUC- TION FEES, AND TO CLARIFY INDUSTRIAL AREA REBATE PROVISIONS TO COMPLY WITH COUNCIL INTEN'l' . (RS-3) City Clerk Clark read the title of the ordinance. Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the ordinance be waived. Discussion was held concerning the building of apart- ments, duplexes and four-plexes in R-3-1200 multiple family residential areas still existing on the West Side, the need for housing in the Enterprise Zone and standards of maintenance which will apply to all new construction. Council Member Frazier made a motion, seconded by Council Member Reilly, that said ordinance be adopted. 13 9/22/86 Ordinance HC-S43 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. RECESS MEETING - CLOSED SESSION At 11:50 a.m., the Adjourned Regular Meeting of the Redevelopment Agency of the City of San Bernardino was recessed to a Closed Session pursuant to Government Code Section S4956.9(a) to confer with its attorneys regarding pending litigation which has been initiated formally and to which the Commission is a party. The title of the liti- gation is in re: Operation Second Chance, U.S. Bankruptcy Court for the Central District of California, Case No. 86-02889-DN. CLOSED SESSION At 11:50 a.m., Session to order in Chambers, City Hall, California. Chairman wilcox called the Closed the Conference Room of the Council 300 North "D" Street, San Bernardino, ROLL CALL Roll Call was taken with the following being present: Chairman Wilcox; Council Members Estrada, Reilly, Hernan- dez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Administrator Schweitzer. Absent: City Clerk Clark. ADJOURN CLOSED SESSION At 12:20 p.m., the Closed Session of the Redevelop- ment Agency of the City of San Bernardino adjourned to the Adjourned Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 12:20 p.m., the Adjourned 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 the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Strickler. RECESS MEETING At 12:20 p.m., Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino recess until 2:00 p.m. RECONVENE MEE'rING At 2:03 p.m., the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: None. 14 9/22/86 WATER DEPARTMENT - PROPOSED HYDROELECTRIC AND WA'l'ER PRESSURE REDUCING S'l'A'l'ION In a memorandum dated September 4, 1986, Planning Director Schuma provided a map of Newmark Reservior #4, depicting the hydroelectric project site. (30) Planning Director Schuma answered questions regarding the aeration system, stating that a full presentation will be given to the Mayor and Co~non Council at a later date. Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the Negative Declaration for the construction of a 350 KW hydroelectric pressure reducing station at the Newmark Reservoir No. 4 site located north of 42nd Street and east of Western Avenue, be adopted. REVIEW OF PLANS - SINGLE FAMILY DWELLINGS IN FOOTHILL AREA - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for a request from Council Member Marks to adopt an ordinance requiring a review of plans for single-family dwellings within the foothill area. (See Page 11) (17) ORDINANCE OF THE CITY OF SAN BERNARDINO REQUIRING A REVIEW OF PLANS FOR SINGLE FAMILY DWELLINGS WITHIN THE FOOTHILL AREA. (Final) (17) City Attorney Prince provided a proposed resolution. RESOLUTION OF THE CITY OF SAN BERNARDINO RELATING TO REVIEW OF PLANS FOR SINGLE- FAMILY DWELLINGS WITHIN THE FOOTHILL AREA. (17) The Council discussed the review of plans of proposed homes on hillside property to ensure compatability with the existing neighborhood and the investment of existing homeowners in view lots. Dr. Sidhu, homeowner at 4200 Camellia Drive for approximately ten years, passed out a document describing the problem he has incurred concerning the proposed building of a home on an adjacent piece of property, which would completely eliminate his view, and spoke in favor of legislation which would preserve the view of existing and future residences and the values of such residences. The former home at 4197 Terracita Drive was destroyed by fire. The Arrietas purchased the lot and now plan to build a two-story house at a higher site on the lot. Dale and Susan Arrieta, property owners, 4197 Ter- racita Drive, who currently reside in Rialto, stated they were not notified of any proposed legislation which would affect the building of their home until late Thursday, September 18, 198b, which has precluded them being able to have their attorney, Mr. Armstrong, present at the meeting, but their engineer was able to come. Susan Arrieta stated that before purchasing the pro- perty located at 4197 Terracita Drive, all City restric- tions were checked and they purchased the property with the understanding that the home they proposed to build was within all legal constraints. Building plans were filed with the City for approval June 10, 1986. IS 9/22/86 ---' Planning Director Schuma answered questions regarding rear yard setback requirements. Deputy City Attorney Briggs answered questions con- cerning emergency adoption of legislation. Bud Roberts and Ken Powers of D. J. Roberts & Assoc., engineers for the Arrietas, spoke regarding the tests performed on the property before allowance for the build- ing of a two-story was made. Attorney Allen Gresham, representing the sidhu family, spoke concerning the City's overall policy, and stated that Dr. Sidhu has agreed to reimburse the Arrietas for out-of-pocket costs associated with changing their plans. Discussion was held concerning the Act not applying in single family dwelling it does apply to two-story homes. Alquist Priola situations, but Gary Hartzel of E.J. Roberts & Associates, an engi- neering firm, spoke concerning Dr. Sidhu's allegations that the soil is unstable and that Dr. Sidhu has no engi- neering report on file. The Arrietas have a favorable engineering report on file. Discussion was held concerning the possibility of the attorneys for the Sidhus and the Arrietas meeting for a settlement. Susan Arrieta stated that they can no longer afford to wait to begin building. She stated that their plans were approved by the Building and Safety Department on August 8, 1986. Roger Hardgrave, Director of Public Works/Engineer- ing, stated that the engineering plans on the Arrieta's property are ready to be approved, and answered questions regarding the average time it takes for plans to be re- viewed. Council Member Quiel made a motion, seconded by Council Member Strickler, that the debate of this issue be closed. The motion carried by the following vote: Council Members Reilly, Quiel, Frazier, Strickler. Council Members Estrada, Hernandez, Marks. Absent: Ayes: Noes: None. Council Member Hernandez made a motion, seconded by Council Member Marks, to reconsider closing the debate on this matter. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Fra- zier. Noes: Council Members Quiel, Strickler. Absent: None. Council Member Marks made a motion, seconded by Council Member Reilly, that the Superintendent of Building and Safety be directed to withhold a building permit to the Arrietas until October 6, 1986, for the reason that there is an ordinance and resolution pending, relating to valley and mountain views and consideration of another ordinance which would restrict homes destroyed by acts of God to rebuild on the original site of the home. The motion carried by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Members Estrada, Hernandez. Absent: None. 16 9/22/86 PRESENTATION - PROPOSITION 51 - BRUCE D. MAC LACHLAN, ATTORNEY AT LAW - CONTINUED FROt'l SEP'rEt1BER 8, 1986 This is the time and place set for a presentation concerning Proposition 51, the "Deep Pockets" legislation, by Attorney Bruce D. MacLachlan. (31) The City Attorney stated that Mr. MacLachlan had submitted a written analysis on Proposition 51. Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that the presentation by Attorney l'IacLachlan regarding Proposition 51, be tabled. AMENDMENT OF CHAPTER 19.12 - SAN BERNARDINO MUNICIPAL CODE - MULTIPLE FAMILY RESIDENTIAL DISTRICT - CONTINUED FROM EARLIER IN MEETING This is the time and place continued consideration of an mnendment of Chapter 19.12 of Bernardino Muncipal Code regarding multiple residential districts. (See Page ) to for the San family (18) Planning Director Schuma answered questions regarding the classification of the height of structures. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAP'rER 19.12 OF THE SAN BERNAR- DINO MUNICIPAL CODE PERTAINING TO MULTIPLE FAMILY RESIDENTIAL DIS'rRIC'l'. (Final) (18) Discussion was held concerning this proposed ordi- nance receiving its first reading at the previous Council Meeting held September 8 and 9, 1986 in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, California. Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of tile ordinance be waived. Discussion was held concerning amending the section concerning three-story buildings on main thoroughfares adjacent to single-family dwellings, and the adequacy of the original proposed ordinance. Planning Director Schuma stated that if the ordinance were revised, the Planning Commission would have discre- tionary authority, instead of the Planning Department, to decide if a project were compatible with its surrounding area. Council Member Marks made a motion, seconded by Council Member Hernandez, that the proposed ordinance be amended where appropriate to require a CUP for multi- family projects designated R-3 1200 zone. The motion carried by the following vote: Council Members Estrada, Hernandez, Marks, Frazier. Council Members Reilly, Quiel, StriCkler. Absent: Ayes: Noes: None. Mayor wilcox vetoed the motion, favored the Council going forward with posed ordinance, and consulting staff any amendments. stating that she the original pro- for direction on 17 9/22/86 John Stubblefield, developer, questioned if all plans previously submitted under the old R-3 ordinance would come under the jurisdiction of the new ordinance and thereby be denied. He was told that the Council would work out the details at a later date. Discussion was held concerning the requirement that applicants go through the CUP process and filing fees in order to build in R-3 designated zones. Planning Director Schuma answered questions con- cerning the development of a standard criteria for com- patibility requirements. City Attorney Prince answered questions concerning the current ordinance remaining in effect until a new ordinance is adopted. Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the ordinance amending Chapter 19.12 of the San Bernardino Municipal Code regarding multiple-family residential dis- tricts be continued for two weeks for staff to report back on how to increase the ability to review and approve R-3 1200 developments, and to include d definition of "story". COUNCIL MEMBERS MARKS AND FRAZIER EXCUSED Council Members Marks and Frazier left the Council Meeting. CENTRAL CITY SOUTH OVERLAY DISTRICT - CHANGE OF ZONE NO. 86-22 - 195 ACRES - C-M, COMMERCIAL-MANUFACTURING - RIALTO AVENUE ON NORTH, "E" STREET ON EAST, INLAND CENTER DRIVE ON SOUTH, 1-215 FREEWAY ON WEST This is the time and place set for consideration of the Central City South Overlay District and Change of Zone No. 86-22, to change the land use zoning designation in the 19S acre ared bounded by Rialto Avenue on the north, "E" Street on the east, Inland Center Drive on the South and the 1-215 Freeway on the west, to C-M, Commercial- Manufacturing. (RS-4a, b, c, d) Council Member Quiel made a motion, seconded by Council Member Estrada, that the matter concerning the Central City South Overlay District and Change of Zone 86-22 be continued to an Adjourned Meeting of the Mayor and Common Council to be held Monday, September 29, 1986, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California; and that the City Clerk provide public notice that a public hearing is set for Monday, October 6, 1986,at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cal i fornia, for the second reading and final adoption of an ordinance. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel. Noes: None. Absent: Council Members Marks, Frazier. Abstain: Council Member Strickler. COUNCIL MEMBER MARKS RE'rURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. PUBLIC HEARING - AMENDMENT OF TITLE 6 - SAN BERNARDINO MUNICIPAL CODE - ANIMALS This is the time and place set for a public hearing to consider amendments to Title 6 of the San Bernardino Municipal Code regarding animals. (32) 18 9/22/86 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO M,Il~LS. (32) Mayor wilcox opened the hearing. Carolyn Anderson, representing the Humane Society, spoke in favor of the ordinance, but stated there are several deletions in the proposed ordinance as compared to the previous ordinance. Loren McQueen, Deputy City Attorney, answered ques- tions regarding the deletion of items in the proposed ordinance from the previous ordinance, stating that some considerations regarding animals are already covered in the State Penal Code. Ms. Anderson stated that Joyce Martin, President of the Humane Society, requested a continuance in order for the Humane Society to review the ordinance. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the matter concerning the amendment of Title 6 of the San Bernardino Municipal Code regarding animals, be continued in order for the Animal Advisory Commission to conduct a hearing and report back no later Ulan the Regular Meeting of the Mayor and Common Council to be held November 17, 1986. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council UDAG APPLICATION - BASE LINE AND MUSCOTT STREETS - NORTHWEST REDEVELOPMENT PROJECT AREA This is the time and place set for discussion con- cerning a UDAG application for a shopping center located at Base Line and Muscott Streets in the Northwest Rede- velopment project Area. (RS-5) Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that dis- cussion of the UDAG application for the shopping center located at Base Line and Muscott Streets in the Northwest Redevelopment Project Area, be continued to October 6, 1986. CONTINUliliCE OF MEETING At 5:15 p.m., Council Member Estrada made a motion, seconded by Council Member Marks, that dinner be ordered so that the Council Meeting may continue. Council Members Quiel and Frazier stated that they had commitments to keep at 7:00 p.m. The motion Council Members Frazier. Noes: carried by the following vote: Estrada, Reilly, Hernandez, Marks, Council Member Strickler. Absent: Ayes: Quiel, None. WAYS AND MEANS COMMrrTEE MEETING REPORT - SEPTEMBER 17, 1986 Council Member Marks, Chairman of the Ways and Means Committee, presented the minutes of the meeting held Sep- tember 17, 1986. The following items were discussed:(24) 19 9/22/86 1. CDBG Fund Review - 'rhe Committee con- sidered oral and written presentations made by Community Development Director, Ken Henderson, regarding available funding from completed CDBG projects that could be converted to the Contingency Account and the amount of funds remaining in the FY 85-86 Contingency Account. After reques- ting an oral opinion from legal counsel, Councilwoman Estrada removed herself from deliberations on this issue, inasmuch as Casa Ramona, Inc. is a recipient of CDBG funds and the Committee as about to dis- cuss the continuation of Social Service contracts utilizing CDBG funds. After discussion regarding the fifteen percent (15 %) cap on Public Service proj ects, the Committee voted to recommend to the Mayor and Common Council that $17,000 in CDBG funds be used to partially fund FY 86-87 Social Service contracts (bringing CDBG up to the 15% Public Services limit). The Commi t tee al so recommended that the re- maining FY 86-87 Social Service funding requirements be allocated from the City General Fund appropriated reserve account. The Committee further recommended that Community Development Department staff be authorized to solicit proposals for CDBG financial assistance in the following categories: Capital Improvements/Infra- structure, and Demolition, with the Mayor and Council to consider a supplemental allocation to the FY 86-87 CDBG Contin- gency Account. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. Discussion was held concerning the use of $15,000 from the General Fund, and how it will affect the City's reserve. City Administrator Schweitzer answered questions, stating that the appropriate reserve total of $200,000, is a low amount for a city the size of San Bernardino. He explained that the Charter Section 186 raises exceeded the $700,000 appropriated by $300,000, which results in an average of a 7% pay increase for safety employees. Ci ty Administrator Schweitzer answered questions regarding salary savings. Counc i 1 Member Marks made a motion, seconded by Council Member Hernandez, that the appropriation of $17,000 in CDBG funds to be used to partially fund FY 86-87 social service contracts (bringing the CDBG up to the 15% Public Services Limit), be approved; and that an additional appropriation of $15,000 from the operating contingency fund (general fund monies) as the remaining amount of funds necessary to have social service programs continue through June 30, 1987, be approved. The motion carried by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Frazier, Strick- ler. Noes: Council Member Quiel. Absent: Council Mem- ber Estrada. 20 9/22/86 COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned Meeting and took her place at the Council to the Table. Council Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the COIl1munity Development Department staff be authorized to solicit proposals for CDBG financial assistance in the following ca tegor ies : Capital Improvements/Infra-struc- ture, and Demolition with contingency accounts, except for the $88,000 which will be considered at the next Council Meeting to be held October 6, 1986. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the City Administrator and the Director of Finance prepare a report for the Mayor and Common Council, which will show the City's appropriated reserve amounts, potential income (especially income that is not shown in the budget), potential liability that is not budgeted for, and all unused contingency funds. 2. Cable TV Franchise Fees - Item con- tinu~.--The-CommIttee directed the City Attorney to complete their review of the applicable utility user tax for certain items, i.e., interstate access line fees, appearing on telephone bills to be brought before .the COllunittee at the next meeting. 3. Liability Claim/Tony Aragon - The City Attorney and Acting City Administrator recommended denial based upon the poI icy of the STP which stated that reimbursement shall not be made for damage to jewelery or motor vehicles, dated July 23, 1976. The Committee concurred. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the claim of Detective Tony Aragon be respectfully denied. 5. Fees Charged for Fiscalini Field and Shooting Range - The Conmlittee recommended to the full Council to extend all current permit holders at the pistol range for a time equal to the time the range is out of service (estimated down-time is 15 weeks) . Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that due to the need for repairs at Fiscalini Field Shooting Range, that all current permit holders at the range be extended an extension of time equal to the amount of down-time that occurred when the range was out of service. 6. Parks, Recreation & Community Services Budget Reductions - Item continued. 7. Handicapped "Blue Crew" Proposal - The cciiTiffi1ttee--rec-omm-ended--thecounc i 1 approve the adoption in principle of the proposal based upon a volunteer program at the next Council Meeting and to consider the detailed implementation at the Council Meeting of October 6, 1986. 21 9/22/86 I In a memorandum dated September 22, 1986, City Administrator Schweitzer provided an analysis of the "Blue Crew" proposal, stating that it would provide the City with an increased gross revenue, more effective patrol of handicapped parking, benefits for the handicapped and senior citizens, and provided information regarding expen- ditures and training involved in the implementation of the program. ci ty Administrator Schweitzer answered questions regarding the source of the $1,700 appropriation for equipment for the "Slue Crew". Deputy City Attorney Sabourin answered questions regarding liability of the City. Council Member Marks made a motion, seconded by Council Member Estrada, that the concept of an all volun- teer "Blue Crew" be adopted in principle; that the City Attorney prepare the necessary ordinance for the implemen- tation of an all volunteer "Blue Crew"; that $1,700 be appropriated for the purchase of uniforms, badges and ticket book holders, and that the Public Buildings/parking Control Superintendent be authorized to purchase such items. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Frazier, Strick- ler. Noes: Council Members Hernandez, Quiel. Absent: None. 8. Automotive Dealers License - The City Attorne-y-has-determined that the City does not need an automobile dealer license to engage in the types of buying operations in which the private sector engages in. Therefore, Committee recommended Council discussion of this item as a policy issue to determine whether or not it is the majority opinion to engage in automobile buying as if the City was a dealership. Warren Knudsen, Director of Finance, answered ques- tions, stating that the Equipment Superintendent would accompany the buyer when purchasing automobiles at auction. City Administrator Schweitzer stated that it has been estimated that the City will save $20,000 annually by acting as a buyer. Council Member Marks made a motion, seconded by Council Member Quiel, that the Purchasing Agent be autho- rized to act as a dealer, as opposed to an ordinary buyer, on those occasions when they can effectuate a cost savings on automobile purcnases. The motion carried by the fol10wing vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. It was agreed that Council Member Jack Strickler would receive notification on any complaints against the City for acting as a dealer for automobile purchases. 22 9/22/86 4. Custodial Services for Various Public Buildings Throughout City - The COHunittee unanimously agreed that some public buil- dings should be contracted out to the lower bidder for custodial services. How- ever, there was disagreement among the Committee on which buildings should be recommended to the full Council for ap- proval. Councilman Marks recommended contracting out for all of the proposed buildings except for Schedule II (Parking Structures & Central City Mall Parking) and III (City Hall) (see attachment). The cost saving to be realized using this scenario is $117,243. Also, Councilman Marks contends that the Public Buildings Department will have sufficient permanent employees re- maining to do tasks not associated with custodial duties such as contract moni- toring and specialized work tasks such as set-ups for groundbreakings. Councilman Frazier recommended contracting for Schedule IV (Animal Shelter and Cen- tral Fire station), V (Central Stores Warehouse and Central Garage), VI (Seven Co~nunity Centers), VII (Recreation Cen- ters and SBETA Office), IX (Police Com- munity Centers) and XI (Three Branch Li- braries). Schedules that should not be contracted out are I (Central City Mall), II (Parking Structures & Central City MaIl Parking), III (City Hall), VIII (Police Station) and X (Norman F. Feldheym Central Library). The cost saving in this scena- rio is $63, 13b. Councilman Frazier ex- pressed concerns about employee layoffs, contract compliance in the case of the Library, the Police Department concurrence for the police station and the service that is provided by City employees for Central City Mall. Councilman Frazier also recommended contracting out on an incremental schedule in order to ascertain contract performance. Councilwoman Estrada recommended contrac- ting out for all of the buildings except Schedule I (Central City MaIl), II (park- ing Structures and Central City Mall Park- ing) and III (City Hall). The cost saving in this scenario is $101,893. Council- woman Estrada expressed concern about employee layoffs and the public confidence in City employees working in the Mall and the performing of tasks not associated with custodial services. The Acting City Administrator and Public Buildings/Security and Parking Control Superintendent recommended to the Commit- tee that all of the schedules should be contracted out except Schedule I (Central City Mall), II (parking Structures and Central City Mall parking) and III (City Hall). Both the Acting City Administrator 23 9/22/86 and public Buildings Superintendent agree there would be too many layoffs of perma- nent employees if the Central City Mall is contracted out. Mr. Overstreet also ex- pressed concern about the tasks performed by city employees not associated with custodial duties. The Superintendent recommended maintaining the status quo since his department has built up a suc- cessful program. The Committee unanimously agreed that City Hall should not be contracted out because of security and the extra services per- formed by City employees and that the parking structure and Central City Mall parking should not be contracted out be- cause there is no cost savings. The Committee unanimously recommended that the contractural agreement be amended to reflect (l) a 30-day "termination for convenience" clause, (2) provide a pro- vision that can include additional ser- vices, and (3) include a stronger pro- vision to consider hiring displaced employees. After the first year, if suc- cessful, the City should contract on a multi-year basis to achieve further cost savings (amortization of equipment). Wayne Overstreet, Superintendent of Public Buildings/ parking Control, and Ray Schweitzer, City Administrator, answered questions. City Administrator Schweitzer explained why he felt a janitorial crew of City employees should be retained for City Hall. He explained that present maintenance employ- ees are used for setting up parades and moving office equipment. Council Member Marks made a motion, seconded by Council Member Quiel, that the contracting out for cus- todial services on Schedules IV through XI (Animal Shelter and Central Fire Station, Central Stores Warehouse and Central Garage, Seven Community Centers, Recreation Cen- ters and SBETA Office, Police Station, Police Community Centers, Norman F. Feldheym Central Library, Three Branch Libraries), be approved in principle. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council t1ember Hernandez. Absent: None. Discussion was held concerning the benefits and pro- blems of contracting out services for the Central City Mall. Council Member Marks made a motion, seconded by Council Member Strickler, that the contracting out of Central City Mall janitorial services to an independent contractor in the private sector, be approved. The motion failed by the Council Members Marks, Strickler. Estrada, Reilly, Quiel, Frazier. Council Member Hernandez. following vote: Noes: Council Absent: None. Ayes: Members Abstain: 24 9/22/86 1- Council Member Marks made a motion, seconded by Council Member Strickler, that the issue of contracting out to the private sector the custodial maintenance at the Central City Mall, be continued to October 6, 1986. The motion carried by the following vote: Council Members Reilly, Marks, Quiel, Strickler. Council Members Estrada, Frazier. Absent: None. stain: Council Member Hernandez. Ayes: Noes: Ab- Council Member Marks made a motion, seconded by Council Member Frazier, that the custodial services bids on Schedule II (Parking Structures and Central City Mall Parking), be rejected because City forces can provide those services at a lower cost, and the bids on Schedule III (City Hall) be rejected based upon the reco~nendation of the City Administrator. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Hernandez. Council Member Marks made a motion, seconded by Council Member Strickler, that the City Attorney be in- structed to prepare the custodial maintenance agreements approved this date, and that all agreements are to include a 3U-day "terminate for convenience" clause, provide a provision that can include additional services, include a stronger provision with respect to hiring displaced perma- nent and part-time City employees. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Hernandez. Discussion was held concerning whether it would be beneficial to enter into multi-year contracts, and it was suggested that a trial period of one year be completed first. COUNCIL MEMBERS ESTRADA, REILLY AND HERNANDEZ EXCUSED Council Members Estrada, Reilly and Hernandez left the Council Meeting. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the minutes of the Hays and Means Committee Meeting held Sep- tember l7, 1986, be received and filed. COUNCIL MEMBERS ESTRADA, REILLY M~D HERNANDEZ RETURNED Council Members Estrada, Reilly and Hernandez re- turned to the Council Meeting and took their places at the Council Table. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. NEW COMMUNICATIONS SYSTEM - CITY HALL RES. 86-384 - RESOLUTION OF THE CITY OF SAN BERNARDINO Au'rHORI ZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND GTEL FOR A NEW TELEPHONE SYSTEM. (8) City Clerk Clark read the title of the resolution. 25 9/22/86 council Hember Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted as amended. (See Page 2) vote: Quiel, Member Resolution No. 86-384 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Marks. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. RECONSIDERATION OF RECRUITMENT FOR CITY ADMINISTRA'rOR POSITION Council Member Estrada made a motion, seconded by Council Member Hernandez, that reconsideration be given to the recruitment of the City Administrator position. (22) The motion carried by the following vote: Council Members Estrada, Reilly, Hernandez, Marks. Council Members Quiel, Frazier, Strickler. Absent: Ayes: Noes: None. Council Member Frazier stated that he would have to leave the Council Meeting due to a commitment at 7:00 p.m., and would not be available for discussion on the recruitment for the City Administrator position. RECESS MEE'rING At 6:50 p.m., Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously car- ried, that the Adjourned Regular Meeting of the Mayor and Common Council be recessed until 10:30 a.m., Tuesday, September 23, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and that all items not yet completed on the agenda will be com- pleted at that time. RECONVENE MEETING - SEPTEMBER 23, 1986 At lO:45 a.m., the Adjourned 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 the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Frazier. LEGISLATIVE REVIEW COMMITTEE MEETING REPORT - SEPTEMBER ll, 1986 Council Member Strickler, Chairman of the Legislative Review Committee, presented the report of the Legislative Review Committee Meeting held September ll, 1986. The following items were discussed: (23) l. Inspection Demands - Building and Safety Department - The Committee recommended approvalof recruitment and employment of one to three new General Building Inspec- tors based on funds available. The Com- mittee recommended that the City Admini- 26 9/22/86 9/23/86 strator and Building and Safety Superin- tendent review the request for Code Com- pliance Officers and Clerk Typist, the method of funding and present recommen- dation to the full Council. In a memorandum dated September 16, 1986, Jim Rob- bins, Superintendent of Building and Safety, provided a Staff Report regarding inspection demands on the Building and Safety Department, stating there is clear evidence that staffing for new construction inspection and code compliance is inadequate to effectively serve the commun- ity. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. Jim Robbins, Superintendent of Building and Safety, answered questions regarding the effect on the budget of increasing the number of inspectors in the Building and Safety Department. Ray Schweitzer, City Administrator, answered ques- tions regarding the revenue estimate for the department being conservative, stating that it is felt it will be increased by $120,000. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the Finance Director be directed to revise the revenues for Building Permits to $633,300 and Mechanical Permits to $340,000, and to encumber $15,000 for implementation of other Building and Safety recommendations; and that the recruitment and employment of two General Building Inspec- tors and one Code Compliance Officer, and the purchase of materials, services, supplies dnd equipment to support the personnel, be approved. 2 . C i t y--R 0 1 i:~Y-B~~i: r i ~.9:~~E~~ s on Rehabilitation project and 3. Ordinance Adding MC Section l5.08.0l0 Requiring Garages or Carports on Rehabili- tation Projects. COUNCIL MEMBERS MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. The Committee discussed the issue and recommended that the City Attorney, Build- ing and Safety Supervisor and Planning Director meet and bring their recommen- dations to the full Council. 4. !~~i:~.9: Abandoned Vehicles - The Com- mittee received an oral report from Fire Chief Newcombe and Lt. Thomas from the Police Department regarding the problem. The Committee determined that no solution is presently available, that avenues for solution are being addressed. A document is to be provided to Council updating the status. Mr. Greg Garcia will provide Council a staff report to include a recom- mendation from Councilman Hernandez. The Committee recommended a resolution be sent to the state legislature and individual legislators addressing the magnitude of the problem and the urgency of a solu- tion. 27 9/ 23/86 ,------ Discussion was held concerning the County's position with regard to the Environmental Protection Agency (EPA), and a proposed meeting between Council Members and the County for a temporary solution to the towing of abandoned vehicles. Greg Garcia, project Coordinator of the Mayor's Office, answered questions regarding a memo from the Chief of Police, which stated that effective this date, the city would resume towing abandoned vehicles for thirty to forty-five days. He stated that the City is looking into a variance from the Santa Ana Regional Water Quality Control Board for a site for a disposal yard. The Mayor and Common Council requested that Greg Garcia, Project Coordinator of the Mayor's Office, send them a summary report after his meeting with the Motor Vehicle Disposal Task Force. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the City Attorney be directed to prepare a resolution regard- ing long-term solutions to the problem, and the need to commence a state abatement program. Council Member Strickler reiterated the recommen- dation of the Legislative Review Committed that the reso- lution be sent to the state legislature and individual legislators addressing the magnitude of the problem and the urgency of a solution. 5. Re~est for Waiver of Storm Drainage Fees -Tract No. 10979, East of pine Avenue and North of Irvington Avenue - Item con- tinued. Councilman Quiel and Roger Hard- grave will meet with area owners/develop- ers and return to Committee with recom- mendations within thirty days. COUNCIL MEMBER FRAZIER ARRIVED At ll:OO a.m., Council Member Frazier arrived at the Council Meeting. 6. Request to Continue Developer Fee ~E~~~~_=_~~~~er~ardi~o Unii~~~~~~ool District - The Committee recommended and San-Bernardino School District personnel concurred that due to pending state legis- lation, the present fees and policy would remain the same until the first meeting in January. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the developer fee program with the San Bernardino City Unified School District which is now in effect, be continued until the first meeting in January, 1987. 7. Exemption of School Impaction Fees by LandTech, Inc. - Att~ Gary W. Smith - The Committee referred the item back to Council for a review of new information and a determination on whether to hear the issue and if so, set date and time certain for said hearing. Discussion was held concerning the history of the Landtech, Inc. dispute and a decision of the City Attor- ney s Office to deny an exemption to LandTech, Inc. 28 9/23/86 Ralph Prince, City Attorney, answered questions re- garding the status of a letter written by John Wilson, Deputy City Attorney, and whether or not the letter was a draft or a final letter which was mailed, stating that it was a confidential document that was mistakenly released by a secretary in the City Attorney's Office. Shauna Clark, City Clerk, answered questions regard- ing a request from Attorney Gary Smith for copies of correspondence regarding the LandTech, Inc. dispute, which are public record, and how the correspondence was obtained from the City Attorney's Office and forwarded to Attorney Smi th . Council Member Marks made a motion, seconded by Council Member Estrada, that the Council go forward and discuss the LandTech, Inc. case. The motion carried by the following vote: Council Members Estrada, Reilly, Marks, Quiel, Strickler. Noes: Hernandez. Absent: None. Ayes: Frazier, RECESS MEETING - CLOSED SESSION At ll:30 a.m., Council Member Marks made a motion, seconded by Council Member Estrada and unanimously car- ried, that the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino recess for a Closed Session pursuant to Government Code Section 549:;6.9 (b), as there is significant exposure to liti- gation. (LandTech, Inc.) CLOSED SESSION At 11:30 a.m., the Closed Session was called to order by Mayor wilcox in the Conference Room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strick- ler; City Attorney Prince, City Clerk Clark, City Admini- strator Schweitzer. Absent: None. ADJOURN CLOSED SESSION At ll:45 a.m., the Closed Session of the Mayor and Common Council, adjourned to the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Ber- nardino, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At II :45 a.m., the Adjourned Regular Meeting of the Mayor and Common Council, reconvened in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strick- ler; City Attorney Prince, City Clerk Clark, City Admini- strator Schweitzer. Absent: None. EXEMPTION FROM SCHOOL IMPACTION FEES - LANDTECH, INC. - CONTINUED FROM EARLIER IN MEETING Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the request of LandTech, Inc. for rehearing the issue, be respectfully denied. (See Page 28) (23 - 7) 29 9/23/86 LEGISLATIVE REVIEW COMMITTEE MEETING REPORT - SEPTEMBER 11, 198G - CONTINUED FROM EARLIER IN MEETING Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the report of the Legislative Review Committee Meeting of September ll, 1986, be received and filed. (23) REQUEST FOR RECONSIDERATION - CITY ADMINISTRATOR POSITION - COUNCIL MEMBER ESTRADA In a memorandum dated September l5, 1986, Council Member Estrada requested that the Mayor and Common Council reconsider the recruitment of the City Administrator's position. (22) Discussion was held concerning establishing an evalu- ation policy of department heads, and the possibility for competition for the position of City Administrator by re- cruiting, and having a set of standards by which to evalu- ate the applicants. Further discussion was held concerning previous action taken to give the individual who is Acting City Administrator six months in the job before recruitment would be proposed, and the fact that the Acting City Ad- ministrator has done a fine job in this position. Council Member Estrada made a motion, seconded by Council Member Marks, that the City reconsider and go out on recruitment for the City Administrator's position. The motion carried by the following vote: Council Member Estrada, Hernandez, Marks, Frazier. Council Members Reilly, Quiel, Strickler. Absent: Ayes: Noes: None. Mayor wilcox vetoed the motion. Discussion was held concerning the recruitment pro- cess used to hire the current Acting Administrator. Council Member Hernandez made a motion, seconded by Council Member Marks, that discussion be held concerning a policy as to how the City Administration is going to func- tion between now and January, 1987. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Fra- zieL. Noes: Council Members Quiel, Strickler. Absent: None. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. City Attorney Prince answered questions regarding staff assignments and stated that the Mayor Pro Tempore is Mayor in the absence of the Mayor, and has all the powers of the Mayor. The Mayor and Common Council discussed whether the Mayor's staff had control over the City Administrator when the Mayor is out of town. City Attorney Prince answered questions. Mayor wilcox explained that her plans were to evalu- ate the performance of City Administrator Schweitzer, and in December/January, to present a recommendation on re- cruitment. 30 9/23/86 Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the Personnel Committee, along with Mayor Wilcox, meet to develop an appropriate evaluation process for the City Administrator and other department heads, and report back to the Mayor and Cornmon Council as soon as possible. COUNCIL MEMBER STRICKLER RE'fURi'lED Council Member Strickler returned to the Council Meeting and took his place at tile Council Table. COMMUNITY TELEVISION COMMISSION MEMBERSHIP - CONTINUED FROM SEPTEMBER 9, 1986 This is the time and place continued to for discus- sion regarding membership of the City Community Television Commission, as requested by Council Member Marks. (25) Stephani Congdon of the Community Television Commis- sion answered questions. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 2.42.0l0 TO DELETE MEMBER AFFILI- ATED WITH A CABLE TELEVISION OPERATOR FROM THE MEMBERSHIP OF SAID CO~~ISSION. FIRST (2S) City Clerk Clark read the title of the ordinance. Council l-lember Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the ordinance be waived, that the ordi- nance be amended as pertains to ex-officio non-voting status, and that said ordinance be laid over for final passage. DISCUSSION - REVIEW OF PLANS 86-S1 - PROPOSED DEVELOPMENT - 492-UNIT PROJECT - EAST OF PALM, NORTH OF CITRUS, WEST OF SEINE AVENUES - JOHN STUBBLEFIELD, DEVELOPER Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to con- sider the issue of Council Member Marks' request to dis- cuss pending Review of Plans 86-51, a proposed development of approximately 492 units for a multi-family project generally located east of Palm, north of Citrus, west of Seine Avenues by Developer John Stubblefield. (New Business) In a memorandum dated September 8, 1986, Deputy City Attorney Cynthia Grace provided a legal opinion concerning rezoning in connection with annexation conferring any vested right on a property owner of land within the an- nexed area, stating there is no evidence that the appli- cant for Review of Plans 86-Sl has perfected any vested right to develop the property under the current R-3 stan- dards. In a memorandum dated September 22, 1986, Deputy City Attorney John Wilson provided a legal opinion concerning the City granting exemptions and rebates on fees collected by the City as an incentive to the private development of higher quality housing in the foothill area of the City, stating that the Mayor and Co~non Council, by Ordinance, may lawfully administer regulatory fees under the control of the City in such manner as to provide incentives for private development of higher quality housing in specific geographical areas of the City. 3l (9/23/86) RECESS ~IEETING At 1:20 p.m., Council Member Marks made a motion, seconded by Council Member Estrada, that the Adjourned Regular Meeting of the Mayor and Common Council recess until 2:l5 p.m. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. RECONVENE MEETING At 2:20 p.m., the Adjourned 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 the City Clerk with the fol- lowing being present: Mayor wilcox; Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler; City Attorney prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Hernandez. DISCUSSION CONTINUED FROM EARLIER IN MEETING - REVIEW OF PLANS 86-51 - PROPOSED DEVELOPMENT - 492-UNIT PROJECT - EAST OF PALM, NORTH OF CITRUS, WEST OF SEINE AVENUES - JOHN STUBBLEFIELD, DEVELOPER This is the time and place continued to for discus- sion concerning pending Review of Plans 8b-51, a proposed development of approximately 492 unit in a multi-family project generally located east of Palm, north of Citrus, west of Seine Avenues by Developer John Stubblefield. (See Page 31) (New Business) City Attorney Prince answered questions, stating that the City can down-zone property, but there mayor may not be a risk of inverse condemnation. He stated that down zoning often does devalue property and gives the owner a legal remedy. John Stubblefield, owner of the property in question and applicant for Review of Plans 86-5l, stated that he disagreed with comments that his development will degrade surrounding properties. He stated that when the property was annexed to the City, that the current zoning was in place and that the City agreed to approve the mUlti-family development as an incentive to annex. John Stubblefield added that he has been working with the City for the last year and he has now come to find out that the rules have changed. Since 1975, the Stubble- fields have included in the Covenants, Conditions and Re- strictions for all property sold, a paragraph that noti- fies property owners of the zoning on the adjacent pro- perty. After discussion, Council Member Marks made a motion, seconded by Council Member Estrada, that the Common Council set a public hearing for October 6, 19~6, for the purpose of considering a change of zone pursuant to the legal opinion of City Attorney Prince regarding Review of Plans 86-5l, a 492 unit, mUlti-family project generally located east of Palm, north of Citrus and west of Seine Avenues. COUNCIL MEMBER HERNANDEZ ARRIVED At 3:l2 p.m., Council Member Hernandez arrived at the Council Meeting. 32 9/23/86 The motion failed by the following vote: Ayes: Council Members Hernandez, Marks. Noes: Council Members Estrada, Reilly, Quiel, Frazier, strickler. Absent: None. PERSONNEL COMMIT'fEE Council Member Jack Reilly, Committee, presented the minutes tee Meeting held September 17, following items were discussed: Chairman of the Personnel of the Personnel Commit- 1986, at which time the (26) 1. Conservation Crew Supervisor position - The Committee was unanimous in support of the California Conservation Corps Pro- gram as established by the Mayor's Office. The Committee concurred unanimously that the program requires a conservation crew supervisor. However, the Committee was split in their recommendation to the Council. Councilman Reilly supported the creation of an additional position in the Mayor's Office and recommended hiring a qualified individual to fill that posi- tion. However, Councilman Marks recom- mended that the responsibility of the position be assigned to Mr. Greg Garcia, as project Coordinator, or that a vacancy be created within the present manning level to allow for the hiring of a quali- fied conservation crew supervisor. Councilman Marks declared that his recom- mendation is based on astute funding measures wi thin the current budgetary constraints. Council Member Quiel made a motion, seconded by Council Member Strickler, that the position of Conser- vation Crew Supervisor in the Mayor's budget under the supervision of the Mayor's Office for the period of the grant, be approved; and that the position will be elimi- nated after grant funds are no longer available. The motion failed by the following vote: Council Members Reilly, Quiel, Strickler. Noes: Members Estrada, Hernandez, Marks, Frazier. None. Ayes: Council Absent: Council Member Marks made a motion, seconded by Council Member Estrada, that the City Administrator be directed to analyze various positions in the Parks, Recreation and Community Services budget, or any other budget he feels appropriate, as to the appropriateness of assignment of duties of the California Conservation Crew supervisor pursuant to the program and the grant. The motion carried by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: Council Member Reilly. Absent: None. 2. Review of Civil Engineering Assis- tant's Duties and Responsibilities -The commIttee--recommended--that--the- City Administrator, Personnel Director and Director of Public Works and Engineering prepare an analysis of the Civil Engineer- ing Assistant classification with recom- mendations to be considered by the commit- tee in a special called meeting. The Committee then will make their recommen- dation to the Council. 33 9/23/86 3. Policy of Action position - Item con- tinued. The Committee directed the Acting City Administrator, City Attorney and Personnel Director to provide backup information to the Cormnittee prior to the Committee making a policy decision. 4. Employees Assistance Program - The committee--unanimousTY-- supported the Employees Assistance Program. The Acting City Administrator and Personnel Director were directed to develop an RFP to be based on quality, background effective- ness, and then prices as a consideration, but not price only, to be brought back before the Committee for consideration. The Committee further directed that the Acting City Administrator review how the program will affect the MOUS in terms of the opportunity for negotiating on a meet and confer basis. The Committee also requests an analysis as to (1) what the legal position is, whether or not it must be considered or if it can be considered on a meet and confer item, and (2) pursue the matter on the basis of certain consi- derations including factors of what could be negotiated for as an objective. 5. Reorganization - Emergency Services, Risk Management, Communications Division, City Administration Department - The Com- mittee recommended approval of the reso- lution authorizing the split of the Emer- gency Services/Risk Management Division into two divisions (resolution attached). The Committee also requested the Personnel Director to survey the external and inter- nal relationship between Risk Management and Emergency Services Directors to be presented before the Committee. COUNCIL MEMBERS ESTRADA AND STRICKLER EXCUSED Council Members Estrada and Strickler left the Council Meeting. SEPARATION OF EMERGENCY SERVICES ffi~D RISK MANAGEMENT DIVISIONS RES. 8b-3~5 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION... CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPAR'rMENTS OF THE CITY OF SAN BERNARDINO"; TO SPLIT THE EMERGENCY SER- VICES/ RISK MANAGEMENT DIVISION INTO TWO DIVISIONS AND CREATE THE COMMUNITY DEVELOPMEN'r DIVISION UNDER THE CITY ADMIN- ISTRATOR DEPARTMENT. (26 - 5) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. 34 9/23/86 r Resolution No. 86-385 was vote: Ayes: Council Members Quiel, Frazier. Noes: None. Estrada, Strickler. adopted Reilly, Absent: by the following Hernandez, Marks, Council Members COUNCIL MEMBER ESTRADA RETUfu~ED Council Member Estrada returned Meeting and took her place at the Council to the Table. Council COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. 6. Head Start Part-Time position - The Comm'lttee recommendecC approval -orthe pay rate adjustment from $3.75 to $4.34 per hour for the head start part-time posi- tion. Council Member Reilly made a motion, seconded by Council Member Marks and unanimously carried, that the Head Start Program be approved in concept and that the salary be raised from $3.75 to $4.34 per hour. 7. !emEorary Secretarial Help - City Attorney's Office - The Cooonittee recom- mendednon~approval of funding of secre- tarial support for the City Attorney's Office out of operating contingency funds. Instead, the Committee recommended real- location of funds within the department. The City Attorney is requested to specify or identify funds to be reallocated for the ~'inance Department. Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that the temporary position of Secretary in the City Attorney's Office be approved with the condition that the salary be paid with existing funds in the City Attorney's Budget. COUNCIL MEMBERS FRAZIER AND STRICKLER RETURNED Council Members Frazier and Strickler returned to the Council Meeting and took their places at the Council Table. 8. ~la~~in~ Department Personnel Problem (Walk On Item) - Councilman Marks raised the:Lssue-of'the critical need to address the staffing in the Planning Department. The Planning Department has lost an Assis- tant Planner to the City of Claremont for $850 a month more in salary than San Ber- nardino. They will lose an Assistant Planner to the City of Lynwood for $450 more per month and a Planning Aide to the City of Rancho Cucamonga for $750 more per month than the City of San Bernardino. In view of this problem, the Committee recom- mended that the Planning Director and Acting City Administrator review the Plan- ner's job responsibility and prepare an analysis with recommendatins for consi- deration by the Committee at the next meeting. The Committee will then make a reco~nendation to the full Council. Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that the minutes of the Personnel Committee Meeting held September l7, 1986, be received and filed. 35 9/23/86 POLICE DEPARTMENT BUDGET FY 1986/87 - TABLE OF ORGANIZATION In a memorandum dated September 11, 1986, Donald Burnett, Chief of police, provided a proposed method of funding to avoid personnel cuts in the Police Department, and a table of organization that will be implemented with the proposed personnel classifications. (27) Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the Police Budget for the Fiscal Year 1986/87 and the Table of organization submitted by the Chief of Police, be approved. ALLOCATION OF FUNDS - INSTALLATION OF RELIEF SEWER - MILL STREET, EAST OF LYTLE CREEK FLOOD CONTROL CHM.NEL In a memorandum dated September 9, 1986, Roger Hard- grave, Director of Public Works/Engineering, stated that recurring maintenance problems have increased at the point where the sewer interceptor in Mill Street crosses the Lytle Creek Flood Control Channel due to increased flows in this interceptor from new developments. (28) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the amount of $266,200 be allocated from unappropriated funds in the Sewer Line Construction Fund, to Account No. 245- 365-57724, "Relief Sewer in Mill Street, E/O Lytle Creek". GENERAL REPORTS AND CORRESPONDENCE Council Member Quiel made a motion, Council Member Marks, that the following item seconded be filed: by (29) a. City Investment Portfolio - July 3l, 1986 - Craig Graves - City Treasurer City Attorney Prince answered questions regarding Conflict of Interest regulations, stating that he holds stock in the Bank of San Bernardino, which is included in the City's Investment Portfolio. City Administrator Schweitzer stated that he owns stock in the Bank of San Bernardino, and is a property- owner, resident within a Redevelopment Project Area. Council Member Quiel stated that he also owns stock in the Bank of San Bernardino and owns property within a project area. The motion to receive and file the General Reports and correspondence carried by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Members Reilly, Quiel. RECESS MEETING - CLOSED SESSION At 5:00 p.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino recessed for a Closed Session pursuant to Government Code Section 54956.9(a), to confer with its attorney regarding pending litigation in the following cases: Meairs vs City of San Bernardino, Superior Court Case No. 224l76; Church ~f C~E!~~~~~!!X~i_~~~~er~~Edi~~, Claim No. 86B-023; Walsh et al vs City of San Bernardino, Superior Court Case No. 199364; and the City of San Bernardino et al vs. San Manuel Band of Mission Indians, et al, U. W. District Court CaseNo. 856899-WJR-rillO--:------ (S-3) 36 9/23/86 CLOSED SESSION At 5:00 p.m., the Closed Session was called to order by Mayor Wilcox in the Conference Room of the Council Chambers, 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 Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; city Attorney Prince, City Administrator Schweitzer. Absent: Council Member Estrada; City Clerk Clark. Also present were: City Treasurer Graves, Deputy City Attorney Sabourin, Administrative Assistant to the Mayor Bennecke, General Manager of the Water Department Wessel, Director of Administration & Finance of the Water Department Kersey. COUNCIL MEMBER FRAZIER EXCUSED At 5:55 p.m., Council Member Frazier left the Closed Session. ADJOURN CLOSED SESSION At 6:l3 p.m., the Closed Session adjourned to the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. RECONVENE MEETING At 6:13 p.m., the Adjourned Regular Meeting of the Mayor ad 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 Reilly, Hernandez, Marks, Quiel, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Estrada, Frazier. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. DISCUSSION - GENERAL PLAN ZONING INCONSISTENCY WITH ENTERPRISE ZONE In a memorandum dated September 15, 1986, Council Member Frazier requested that discussion be held concern- ing the inconsistency of the General Plan Zoning with the Enterprise Zone. (S-l) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the discussion concerning the General Plan Zoning Inconsis- tency with the Enterprise Zone, be continued to the Regu- lar Meeting of the Mayor and Common Council to be held October 6, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. 37 9/23/86 1-- NEW FIRE STATION - TRI-CITY CORPORATE COMPLEX - SOIL TES'f REPORT In a memorandum dated September 16, 1986, Roger Hard- grave, Director of Public Works/Engineering, reported alternatives available to the City concerning the building of the new fire station in the Tri-City Corporate Complex on an old land fill site. (S-2) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the report on the preliminary results of the geotechnical investigation by Geofon, Inc. on the proposed site for construction of a new fire station in the Tri-City corpor- ate Complex, be accepted and filed. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. AMENDMENT TO SAN BERNARDINO MUNICIPAL CODE SECTION l8.40.160 - INGRESS AND EGRESS ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SEC'rION l8. 40 .l60 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR TWO MEANS OF INGRESS AND EGRESS. (First) (19) City Clerk Clark read the title of the ordinance. Discussion was held concerning desired amendments to the ordinance, including the removal of Section 2 and amendments concerning the two-lane requirement. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the ordinance regarding ingress and egress be referred back to the City Attorney to incorporate suggested amendments brought out this date, and be continued to October 6, 1986, for first reading of the amended version. RENTAL OF CITY HALL OFFICE SPACE TO WATER DEPARTMENT - RESOLUTION NO. 86-383 Discussion was held concerning amending Resolution No. 86-383, which was adopted earlier in the meeting, concerning the rental of office space in City Hall to the Water Department. (See Page 12) (7) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the increase charges for rental of City Hall space to the Water Department are to become effective November l, 1986. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council ADJ OURN MEE'rING At 6:30 p.m., Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously car- ried, that the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino, be adjourned to Monday, September 29, 1986, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (33) City Clerk 38 9/23/86