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HomeMy WebLinkAbout11-03-1986 Minutes .-----. - City of San Bernardino, California November 3, 1986 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:03 a.m., on Monday, November 3,1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Richard Bennecke, Admin- istrative Assistant to the Mayor. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Frazier. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor wilcox; Council Members Reilly, Hernandez, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Estrada, Marks, Quiel. PROCLAMATION - MAYOR'S "D" DAY IN WAR AGAINST DRUGS Richard Bennecke, Administrative Assistant to the Mayor, read a proclamation of the Mayor declaring Tuesday, November 18, 1986, as ~Iayor' s "D" Day in the war against drugs, which called upon all citizens of the City to par- ticipate in the goal of a drug free City and a drug free America. Gerald Newcombe, Chairman of the San Bernardino Com- munity Against Drugs, Inc., accepted the proclamation on behalf of Jeri Simpson, President of the Drug Task Force. COUNCIL MEMBER At 9:08 a.m., Council Meeting and ESTRADA ARRIVED Council Member Estrada arrived at the took her place at the Council Table. PROCLAMATION - WE TIP DAYS Richard Bennecke, Administrative Assistant to the Mayor, read a proclamation of the Mayor declaring November 14, 15, 16, 1986, as "We Tip Days" in the City of San Bernardino, as a salute to the We Tip organization's 14th year. Dennis Kottmeier, District Attorney, Vice President of We Tip, was present to accept the proclamation. COLE MINERS CLOGGING GROUP Thelma Press, Director of Cultural and International Affairs for the City of San Bernardino, introduced the Cole Miner's Clogging Group under the direction of Mary Roundy. This group has participants from various schools in the San Bernardino Unified School District and recently represented the City of San Bernardino at the League of California Cities Conference and the Expo' 86 in Van- couver. The group presented a plaque to Mayor Wilcox, who accepted the plaque on behalf of the Common Council. The Cole Miners Clogging Group presented a short dance program. COUNCIL MEt1BER At 9:15 a.m., Council Meeting and MARKS ARRIVED Council Member Marks arrived at the took his place at the Council Table. APPROVE MINU'rES - OCTOBER 23, 1986 Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council held on the 23rd day of October, 1986, as submitted in typewritten form. (3) CLAIMS AND PAYROLL Council Member Strickler made a motion, Council Member Marks and unanimously carried, demands against the City and authorize the warrants as follows: seconded by to approve issuance of (4) 1. Approve the register of demands dated: October 13, 1986 October 21, 1986 86/87 #7 86/87 #8 $1,120,526.32 1,200,921.47 2. Approve the total gross payroll for the period September 29, 1986, through October 12, 1986, in the amount of $1,301,413.37. PERSONNEL ACTIONS Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the Personnel Actions submitted by the Director of Personnel in accordance with all administrative regulations of the City of San Bernardino, be approved and ratified as follows: (5) APPOINTMEwrs Animal Control Elena E. Jantz - Animal Health Technician - Effective November 5, 1986 Police Department Lynn S. Watson - Junior Typist Clerk - Effective November 17, 1986 TEMPORARY APPOINTMENTS Police Department Crossing Guard/Part-Time - Effective November 4, 1986 Kevin H. Lott Robert S. Willmarth Lorraine C. Stevens Parks, Recreation & Community Services Brent L. Gross - Groundsman/Part-Time - Effective Noveniller 4, 1986 Senior Services Aide - Effective November 4, 1986 Henry K. Manship Katherine Robinson Sharnell Mosby Edith Voss Joyce Radzik - Recreation Specialist - Effective November 4, 1986 Recreation Leader - Effective November 4, 1986 Carol Roberson Tina L. Sandoval Coach Operator - Effective November 4, 1986 Gerald Shumpert Ernest Smith 2 11/3/86 Recreation Aide/Part-Time - Effective November 4, 1986 Veronica Brown Apri 1 Humphrey Greg Nichols Charmaine Dalton LaShandra Luckey Lynn Pennington Teacher Aide/Part-Time - Effective November 4, 1986 LaVerne Brewster Naomi Navarro Oretha Calloway Senior Recreation Leader - Effective November 4, 1986 Ruben M. Campos, Jr. Pamelia Kiesel Raymond Ramirez Rosemary Villalvazo Richard Cummings Fulton Lee Ronald Trujillo PROMOTIONS Finance Department Andrew Green - Internal Auditor/Budget Officer - From Senior Accountant to Internal Auditor/Budget Officer - Effective November 4, 1986 Parks, Recreation & Community Services Amy Ulloa - Senior Typist Clerk - From Intermediate Typist Clerk to Senior Typist Clerk - Effective November 4, 1986 Police Department Daniel S. Blum - Sergeant - From Training Officer to Sergeant - Effective November 5, 1986 Theodis Henson, Jr. - Sergeant - From Training Officer to Sergeant - Effective November 5, 1986 Wayne C. Smith - Lieutenant - from Sergeant to Lieutenant - Effective November 4, 1986 Public Services/Refuse Jesus A. Cortez - Refuse Operator III - From Refuse Operator I to Refuse Operator III - Effective November 4, 1986 HIGHER ACTING CLASSIFICATION Building and Safety Charles B. Emery - Senior Electrical Inspector - From November 10, 1986 through January 12, 1987 - Effective November 10, 1986 LEAVE OF ABSENCE WITHOUT PAY/EXTENSION Police Department Kim S. Moyer - Dispatcher I - From October 26, 1986 through November 28, 1986 S.B.E.T.A. - Administration David L. Gandy - Staff Analyst I October 22, 1986 through January (JTPA) - From 20, 1987 CULTURAL DEVELOPMENT CONSTRUCTION FEES - INTERPRETATION OF ORDINANCE MC-537 - WILLIAM H. COOPER In a letter dated October 13, 1986, William H. Cooper, P. O. Box 2534, San Bernardino, CA 92406, re- quested an interpretation from the Council of Ordinance MC-537 as it relates to building construction fees. He 3 11/3/86 I included facts concerning a 22 unit apartment project at 1319 Acacia Street, and requested an opportunity to submit evidence as well as answer any questions. (6) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the request for interpretation of Ordinance MC-537 relative to the imposition of building construction fees be set for a hearing at 9:30 a.m., on Monday, November 17, 1986. DECLARATION OF CONTINUED SCHOOL IMPACTION - COLTON UNIFIED SCHOOL DISTRICT In a letter dated October 15, 1986, Danny Carrasco, Director, Administrative Services, Colton Joint Unified School District, stated that information on builder's fees relative to school impaction and the amount collected by the Director during the implementation of San Bernardino's ordinance, was being submitted. He also stated that the District would like to continue collecting the same school fee structure in accordance with the City ordinance until such time that the District begins levying builder's fees in accordance with AB 2926. (7) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the request to accept declaration of continued school impac- tion for the Colton Unified School District be referred to the Legislative Review Corrnnittee for a report back to the Mayor and Common Council. NICHOLSON PARK - EXEMPTION OF FEES - CHRISTIAN ALCOHOLIC AWARENESS PROGRAM - NOVEMBER 27, 1986 In a memorandum dated October 22, 1986, Annie Ramos, Director, Parks, Recreation & Community Services, ex- plained that the Christian Alcoholic Awareness Program had applied for the use of Nicholson Park and Community Center to provide a free Thanksgiving Day meal for the needy on November 27, 1986. They requested that they be exempted from the fees required by Resolution 83-201, in the amount of $46.50. Ms. Ramos stated that certain conditions re- quired for exemption had been met. (8) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that fees be exempted for the use of Nicholson Center and Park on No- vember 27, 1986, by the Christian Alcoholic Awareness Program. ARTERIAL STREET FUNDS - ALLOCATION FOR RESURFACING OF RESIDENTIAL STREETS AND MAJOR ARTERIES In a memorandum dated October 22, 1986, Manuel P. Moreno, Jr., Superintendent, Public Services, stated that with the adoption of the 1986-87 fiscal year budget, the Mayor and Common Council approved resurfacing funds of $1,000,000. He explained that approximately $750,000 remains unspent, and requested that the remaining funds be allocated solely for resurfacing residential streets and major arteries throughout the City. (9) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the Mayor and Common Council approve resurfacing residential streets throughout the City, not to exceed $490,000 ($70,000 per ward), from streets recommended by the Direc- tor of Public Services; and that the Mayor and Common Council approve resurfacing major arteries throughout the City from streets to be recommended by the Director of Public Services, for a total cost not to exceed $260,000. 4 11/3/86 TRAFFIC SIGNALS - UNIVERSITY PARKWAY AND COLLEGE AVENUE - TRANSFER OF FUNDS - PRELIMINARY ENGINEERING In a memorandum dated October 22, 1986, Roger Hard- grave, Director of Public Works/City Engineer, stated that fees have been collected from developments in the area of University Parkway and College Avenue for defraying the cost of installing traffic signals when they became war- ranted. An amount of $71,593 has been collected. He explained that traffic has increased to where signals will soon be needed. Because of the long lead time required for various functions, it is recommended that $5,000 be allocated from the fees collected to allow the design to be started. The total preliminary estimated cost for installation of traffic signals and highway lighting at this intersection is $120,000. (10) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the transfer of $5,000 from Account No. 772-301-24505, to Account No. 242-362-57374, "Signals - University Parkway and College Avenue", be approved. RICHARDSON BALLFIELD - UPGRADE LIGHTING - ACCEPTANCE OF WORK - DAVID RICHARDS CONSTRUCTION In a memorandum dated September 29, 1986, Roger Hard- grave, Director of Public Works/City Engineer, stated that the work of upgrading the lighting at Richardson Ball- field, northeast corner of Oak & "K" Street, by David Richards Construction, had been satisfactorily completed as of September 17, 1986. The final contract cost was $34,212.00. (11) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the work performed by the contractor, in accordance with Spec- ification No. 6892, be approved and accepted; and that final payment be authorized at the expiration of the lien period. RIO VISTA PARK - PHASE II-A - ACCEPTANCE OF WORK - HUBBS EQUIPMENT COMPANY In a memorandum dated October 20, 1986, Roger Hard- grave, Director of Public Works/City Engineer, explained that all work on the expansion of Rio Vista Park by Hubbs Equipment Company was satisfactorily completed as of Octo- ber 16, 1986. The final contract price was $234,962.93. (12) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the work performed by the contractor, in accordance with Spec- ification No. 6767, be approved and accepted; and that final payment be authorized at the expiration of the lien period. ASSESSMENT DISTRICT NO. 976 - PINE AND BELMONT LANDSCAPE MAINTENANCE DISTRICT - EXPANSION OF BOUNDARIES In a memorandum dated October 21, 1986, Roger Hard- grave, Director of Public Works/City Engineer, stated that a petition had been received by his office requesting the formation of an assessment district for the maintenance of landscaping along the major streets which border Tentative Tracts No. 13029 and 13036 and along the drainage facility lying within the tracts. These proposed subdivisions ad- join the boundaries of Assessment District No. 976 which is already established for the same purposes as presently being requested. (13) 5 11/3/86 I Council Member Strickler made a motion; seconded by Council Member Marks and unanimously carried, that the City Engineer and City Clerk be authorized to initiate proceedings for the expansion of boundaries of Assessment District No. 976 (pine & Belmont Area Landscape Mainten- ance District) under the provisions of Chapter 12.90.060 of the San Bernardino Municipal Code and Section 3113 of the Streets and Highways Code of the State of California. KENDALL AND PINE DRAINAGE CONS'rRUC'rION DIS'fRICT In a memorandum dated October 17, 1986, Roger Hard- grave, Director of Public Works/City Engineer, stated that a petition had been received by his office requesting the formation of an assessment district for the construction and installation of a storm drain facility in Kendall Drive from approximately pine Avenue, southeasterly to the Devil's Canyon Flood Control Channel. The developers will be required to up-front the cost of the proceedings for establishment of the district. (14) Council Member StriCkler made a motion, seconded by Council Member Marks and unanimously carried, that the City Engineer and City Clerk be authorized to initiate proceedings for the establishment of an assessment dis- trict under the provisions of Chapter 12.90 of the San Bernardino Municipal Code and that the City Engineer be directed to prepare an Engineer's Report for the proposed construction of a drainage facility to be located in Ken- dall Drive from approximately pine Avenue, southeasterly of the Devil's Canyon Flood Control Channel, in the City of San Bernardino. ASSESSMENT DIs'rRICT NO. 962 - SEWER LIF'l' STATION EXPANSION OF BOUNDARIES In a memorandum dated October 21, 1986, Roger Hard- grave, Director of Public Works/City Engineer, stated that a petition had been received by his office requesting the formation of an assessment district for the maintenance of a sewer lift station to be relocated in Tentative Tract No. 13036 and which would serve all of the area presently in Assessment District No. 962 plus Tentative Tracts No. 13029 and 13036. These proposed subdivisions adjoin the boundaries of Assessment District No. 962 which is already established for the same purposes. (15) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the City Engineer and City Clerk be authorized to initiate proceedings for the expansion of boundaries of Assessment District No. 962 (east of Pine, south of Belmont Sewer Lift Station Maintenance District) under the provisions of Chapter 12.90.060 of the San Bernardino Municipal Code and Section 3113 of the Streets and Highways Code of the State of California. MINUTES - SEPTEMBER 22, 1986 - CONTINUED FROM OCTOBER 20, 1986 This is the time and place for a continuance of the Minutes of September 22, 1986, for the purpose of clari- fying the testimony presented by Roger Hardgrave, Director of Public Works/City Engineer, concerning the issuance of a grading permit for Mr. and Mrs. Arrieta, property owners of 4197 Terracita Drive, who currently live in Rialto. (1) In a memorandum dated October 28, 1986, Shauna Clark, City Clerk, stated that Council Member Marks had requested an amendment to the Council Minutes of September 22, 1986, concerning the issuance of a grading permit to Mr. and Mrs. Arrieta, specifically, comments by Roger Hardgrave, 6 11/3/86 1- Director of Public Works/City Engineer. Ms. Clark set forth the language as submitted in the minutes of Septem- ber 22, 1986, along with a written transcript of the tes- timony from said meeting. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions of the Council, stating that on September 22, 1986, he was referring to a revised set of grading plans that had been received in his office that day and were almost ready for final approval. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to amend the minutes of September 22, 1986, page 16, paragraph 9, by interdelineation, to show that Director of Public Works/City Engineer Roger Hardgrave was referring to a revised set of grading plans just received by his office. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. APPROVE MINUTES - OCTOBER 15, 1985 Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to ap- prove the minutes of the meeting of the Mayor and Common Council held on October 15, 1986, as submitted in type- written form. (New Business) COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. APPROVE MINUTES - OC'rOBER 20, 1986 The following corrections were suggested utes of the meeting of the Mayor and Cornmon on October 20, 1986: to the min- Council held (2 ) Page 12, third paragraph from the bottom of the page, the directive was to the City Administrator and staff to lay fibre optics when the opportunity avails itself to save money in the future; It was also agreed that for future use the City would install "dark" (Unused) fiber cable in conjunction with the trenching or installation of any other cable or con- duit to City facilities; Page 16, second paragraph from the bottom of the page: to make it clear that the resolution referred to in the motion was Item RS-lb, as the fourth paragraph on the page, and that the item was tabled, rather than filed; also that the Council reaffirmed Resolution No. 12846; Page 16, insert a statement after Resolution RS-lb, reflecting that Roger Hardgrave, Director of Public Works/City Engineer, had made a statement that he felt the City had a good program as it applies to requiring prevailing wages for Public Works off-site projects and it should not be changed; Page 23, to clarify whether or not a second was made to the motion contained in the second paragraph on the page, made by Council Member Marks, directing the City Attorney to prepare an ordinance which refers to the re- building of a single-family home in the vicinity of the existing footprint in case of destruction by an act of God. The Council discussed the proposed amendments. 7 11/3/86 Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that this matter be continued to this afternoon in order to provide time to research the tapes of the meeting of Octo- ber 20, 1986. HEARING - PARCEL MAP 9939 - SOUTHEAST CORNER OF HUFF AND ARROWHEAD - WAIVER OF CERTAIN CONDI'rrONS - JOHN DAY - ARROWHEAD-HUFF COMPANY - CONTINUED FROM OC'rOBER 20, 1986 This is the time and place continued to for consider- ation of a request from John Day, Arrowhead-Huff Company, for a waiver of certain conditions on Parcel Map No. 9939, located at the southeast corner of Huff Street and Arrow- head Avenue. (40) In a memorandum dated October 22, 1986, Roger Hard- grave, Director of Public Works/City Engineer, explained that he had met with Mr. Day and and discussed the fol- lowing alternate courses of action: 1. $17U,OOO ties) ; Post an acceptable security in the amount of (includiny $125,000 for undergrounding utili- 2. Defer recording parcel map until an assessment district for undergrounding utilities can be established. 3. Record the parcel map along with deeds, for the two parcels to be created, containing covenants that the owners agree not to protest the creation of a future as- sessment district for undergrounding utilities. Alternate No. 1 was unacceptable to Mr. Day due to insufficient funds; Alternate No. 2 was unacceptable to Mr. Day due to cost and time involved in establishing an assessment dis- trict. Alternate No. 3 was acceptable to Mr. Day. Alternate No. 3 was discussed with Deputy City At- torney Wilson, and it was his opinion that this process would place the City in an inferior legal position, and he is unable to support this approach. In a letter dated October 20, 1986, John Day, Arrow- head-Huff Company, explained the purpose of the request for waivers from Engineering Division Standard Require- ments No. 8 and No. 10 with respect to street improvements and to undergrounding of existing electric utilities. Mr. Day also stated that a denial of the request will prevent purchase of the property by Nuwest Manufacturing and Sidler Pipe company and force them to consider moving their businesses elsewhere. Mayor Wilcox opened the hearing. John Day, General Partner of Arrowhead-Huff Company, was present, and stated that what they were requesting is to subdivide an "L" shape parcel into two parcels to be purchased by two different buyers. He stated that putting in the street improvements and undergrounding utilities would make the project economically unfeasible. He reaf- firmed his acceptance of Alternate 3. 8 11/3/86 Mr. Day described an undeveloped portion of land on which they want to build industrial buildings. If the project were approved under Alternate 3, they would be required to put in public improvements at the time the development takes place, and the City would receive im- mediate improvement of the frontage on Huff street, in- cluding the installation of a sidewalk and handicapped ramp on the corner. It would also offer the City a pos- sibility of improvement around Mt. View and Esperanza in the foreseeable future. Mr. Day answered questions of the Council regarding his proposed project, stating that other owners would not be interested in an assessment district at this time. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions, stating that it was his under- standing that the City Attorney's Office has stated that approval of Alternate 3 would put the City in an inferior legal position and they are advising against it. City Attorney Prince answered questions, stating that approval of Alternate 3 would be "buying a lawsuit". He also stated that the Subdivision Law, which preempts the field, requires if street improvements are required to be placed in a subdivision, there must be security for it, and an assessment district is one of those ways. Mr. Prince also explained that improvements don't have to be put in now, but if construction is delayed, then a secur- ity deposit must be filed to insure future improvements. Mr. Day stated that they had agreed to put in the street improvements now, which is a financial hardship, but undergrounding would cost between $125,000 and $130,000 for only a small project. He also stated that in undergrounding such a small project, the symmetry of Ar- rowhead Avenue would be broken by the undergrounding of a small number of poles, with other poles remaining above the ground. Mr. Day answered questions, stating with bonding, the utilities must be undergrounded within two years, and money would not be available at that time either, and would not be economically feasible. Roger Hardgrave, Director of Public Horks/ City Engi- neer, answered questions regarding the policy and guide- lines, and suggested that the Council might refer this to the Planning Commission for their review. Ms. C. L. Farrell, Fullerton & Lemann Law Firm, rep- resenting one of the buyers in this project, Nuwest Manu- facturing, stated they had bargained with Mr. Day to make these improvements in order to get the parcel map recorded. Mr. Day pointed out that there is more than one buyer involved in this proposed project, the Sidler Pipe Com- pany, who is interested in buying a portion of the land, which would generate funds to enable the plan to proceed. If neither buyer decides to buy with a covenant in the deed then the parcel map cannot be completed. He stated he felt it was necessary to establish the conditions of the parcel map now so that the potential buyers can decide what they are going to do. 9 11/3/86 city Attorney Prince answered questions, stating tllat normally the subdivision ordinance requires that security be posted to ensure that the subdivider will improve the property. He also stated that the usual time to appeal had expired, but that could be waived by the Council. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to con- tinue the hearing to November 7, 1986, in the Redevelop- ment Agency Board Room, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California, and ask that the City Attorney reevaluate his legal position if it is so warranted by virtue of different factors and circumstances and also to direct the Legislative Review Committee to examine the issue in general and make recommendations back to the Council on November 17, 1986. COUNCIL MEMBERS REILLY AND HERNANDEZ EXCUSED Council Members Reilly and Hernandez left the Council Meeting. PUBLIC HEARING - PARKS, RECREATION & COMMUNITY SERVICES - INCREASE OF FEES This is the time and place set for a public hearing to consider the the adoption of new fees and the increase of other fees for the Department of Parks, Recreation & Community Services. (42) RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 83-201 ENTITLED IN PART "RESOLUTION. . MODIFYING FEES FOR . USES OF BUILDINGS, SPORTS FACILITIES " AND INCREASING FEES FOR RECREA- TIONAL FACILITIES. City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived. Mayor wilcox opened the hearing. Annie Ramos, Director, Parks, Recreation & Community Services, answered questions, stating that the reason for the proposed increase was to offset the increased costs of part-time help that is used in providing services, such as opening the facilities, cleaning up and Closing. COUNCIL ME11BERS REILLY AND HERNANDEZ RETURNED Council Members Reilly and Hernandez returned to the Council Meeting and took their places at the Council Table. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to refer the matter of the increase of Parks, Recreation & Commun- ity Services fees to the Ways and Means Committee and direct the City Administrator to prepare an analysis that shows the cost increase differential and the justification therefor. READING N,D WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the resolu- tions on the Council Agenda. Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of all the resolutions on the Council Agenda be waived. 10 11/3/86 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FEE TO COVER THE CUSTS OF PERMITS FOR OUTDOOR SALES. (16) Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be referred to the Ways and Means Cormnit- tee. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A SCHEDULE OF FEES CONCERNING THE CUNDUCT OF PARADES WITHIN THE CITY OF SAN BERNARDINO. (17) Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be referred to the Ways and Means Cormnit- tee. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A SCHEDULE OF FEES CONCERNING THE CONDUCT OF OUTDOOR ENTERTAINMENT WITHIN THE CITY OF SAN BERNARDINO. (18) Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be referred to the Ways and Means Cormnit- tee. RESOLUTIUN OF THE CITY UF SAN BERNARDINO AUTHORIZING CITY PERSONNEL ACCESS TO CRIMI- NAL INFORMATION HISTURY NEEDED TO EVALUA'rE PROSPECTIVE EMPLOYEES' ELIGIBILITY FOR EMPLOYMENT. (Continued from October 20, 1986) (26) Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be referred to the Ways and Means Commit- tee and the Legislative Review Committee. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING FINDINGS RELATING TO CONDITIONAL USE PERMIT NOS. 86-28 AND 86-33 AND DENYING SUCH PER- MITS. (19) The Mayor and Council discussed the problem of move- ons, some of which are not acceptable and lower property value in areas in which they are located. The Findings in the proposed resolution were questioned as not being clear in their intent, as the move-ons can cause problems wherever they are located. City Administrator Schweitzer answered questions regarding the progress of existing move-ons, stating that the status reports he has received from the Building & Safety Department indicated that progress is being made and each different one is being monitored. The Mayor and Council discussed what constitutes progress in completing the move-ons, and it was stated that if any work at all is being done, that is considered progress. City Attorney Prince answered was impossible to have an inspector move-ons at all times to monitor the questions, stating it at all the sites of progress. 11 11/3/86 I Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that said resolution be continued to the afternoon session at 2:00 p.m. (See page 37) RES. 86-443 - RESOLUTION OF THE Crry OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERS'rANDING WrrH ADUL'r DAY HEALTH CARE CENTER RELATING TO A NUTRITION FOR SENIORS PROGill\M. (20) The Mayor and Council discussed this and other reso- lutions relating to contracts with San Bernardino County for services as to why there was such a delay in the adop- tion of the final contracts. Negotiations with the County were conducted in April, 1986, for said services. Annie Ramos, Director, Parks, Recreation and Commun- ity Services, answered questions, stating that the infor- mation for these contracts had been forwarded to the City Attorney's Office for preparation. City Attorney Prince answered questions regarding the preparation of contracts, and explained the procedure followed in his office. He stated that there are times when negotiations have not been completed, thus delaying the preparation of such items. It was pointed out that legal complications could arise if a formal agreement had not been finalized and one of the parties to the agreement failed to uphold their part in the agreement. It was suggested that the City Administrator review all such proposed contracts to be sure they were handled in an efficient and timely manner. Council Member Strickler made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-443 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 86-444 - RESOLUTION OF THE Crry OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A l1EMORANDUM or' UNDERSTANDING WITH G & K MANAGEMENT COMPANY RELATING TO A NUTRITION FOR SENIORS PROGRAM. (21) Council Member Marks made a motion, seconded by Council lo1ember Reilly, that said resolution be adopted. Resolution No. 86-444 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 86-445 - RESOLUTION OF 'rHE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH MEDICAL HEALTHWAYS, INC. RELATING TO A NUTRITION FOR SENIORS PROGRAM. (22) Council Member Marks made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-445 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. 12 11/3/86 1-- RES. 86-446 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDU~\ OF UNDERSTANDING WITH THE HOUS- ING AU'rHORITY OF THE COUNTY OF SAN BERNAR- DINO RELATING TO A NUTRITION FOR SENIORS PROGRAM. (23) Council Member Marks made a motion, seconded by Council Member Reilly, that said resolution be adopted. vote: Narks, Member Resolution No. 86-446 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. RES. 86-447 - RESOLUTION OF THE Crry OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH HIGHLAND SENIOR CENTER RELATING TO A NUTRITION FOR SENIORS PROGRAM. (24) Council Member Marks made a motion, seconded by Council Member Reilly, that said resolution be adopted. vote: Marks, Member Resolution No. 86-447 was adopted by the following Ayes: Council Members Estrada. Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. RES. 86-448 - RESOLUTION OF THE CITY Or' SAN BERNARDINO APPROVING THE APPLICATION FOR 198b STATE GRAN'r FUNDS FOR DEVELOPMEN'r AND REFURBISHMENT OF PARK AND PLAYGROUND FACIL- I'rIES A'r PATTON, NUNE2, NINTH STREET, PER- RIS HILL, BLAIR, LYTLE CREEK AND MEADOW- BROOK PARKS UNDER THE PROVISION OF THE COMMUNITY PARKLANDS ACT OF 1986 AND AUTHOR- IZING THE DIRECTOR OF PARKS, RECREATION fu~D COMMUNITY SERVICES TO EXECUTE AND SUBMIT ALL DOCUMENTS NECESSARY TO COMPLETE THE AFORESAID PROJECTS. (25) Council Member Marks made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-448 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. COUNCIL MEMBER ~ffiRKS EXCUSEn Council Member Marks left the Council Meeting. RES. 86-449 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SUBMISSION OF A GRAN'r APPLICATION TO THE OFFICE OF CRIMINAL JUSTICE PLANNING FOR A CAREER CRIMINAL APPREHENSION PROGRAM STATE OF THE ART GRANT. (27) Council Member Reilly made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 86-449 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Members Marks, Quiel. 13 11/3/86 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE CITY'S PARTICIPATION IN THE SHER- IFF'S WORK SEN'rENCE PROGRAM. (28) Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. (This matter was reconsidered later in the meeting. See page 17) RES. 86-450 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THAT CERTAIN EAST/WEST ALLEY SOUTH OF MILL STREET, WEST OF "H" S'rREET AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILITIES. (29) Council Member Reilly made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 86-450 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Mem- bers Marks, Quiel. Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that Plan No. 7077 for the vacation of a portion of that cer- tain east/west alley, south of Mill Street, west of "H" street, be approved and the City Engineer and City Clerk be authorized to proceed. RES. 86-451 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO RAY GASKIN SERVICE FOR THE FURNISHING AND DELIVERY OF ONE NEW TRUCK, HYDRAULIC LIFT, REFUSE BIN HANDLING TO BE UTUIZEn BY THE PUBLIC SER- VICES/REFUSE DEPARTMENT IN ACCORDANCE WITH SPECIFICATION NO. F-87-8. (30) Council Member Strickler made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 86-451 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Mem- bers Marks, Quie1. RES. 86-452 - RESOLUTION OF THE CI'rY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CI'rY OF SAN BERNAR- DINO, BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO AND DONALD G. HUNT RELATING TO SEWAGE CONNECTION AND SEWAGE TREATMENT FOR TRACT NO. 10532-1. (31) Council Member Strickler made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 86-452 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Mem- bers Marks, Quiel. 14 11/3/86 RES. 86-453 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING TBE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNAR- DINO, BOARD OF .'1ATER COMMISSIONERS OF 'rHE CITY OF SAN BERNARDINO AND PAUL J. HUBBS AND LEROY HANSBERGER RELATING TO SEWER CONNECTION AND SEWAGE TREATMENT FOR TRACT NOS. 10297-1 AND 10297-2. (32) Council Member Strickler made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 86-453 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Members Marks, Quiel. COUNCIL MEMBER Mi>RKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of all the ordi- nances on the Council Agenda. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of all the ordinances on the Council A- genda be waived. ORD. MC-552 - ORDINANCE OF THE CI'rY OF SAN FINAL BERNARDINO AMENDING SECTION 2.34.030 SUB- SECTION H OF THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING THE POLICE COMMISSION TO CONDUCT HEARINGS. (33) Council Member Marks made a motion, seconded by Council Member StriCkler, that said ordinance be adopted. Ordinance MC-552 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Strickler. Noes: None. Absent: Council Members Quiel, Frazier. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. ORD. MC-553 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REBERENCE IN SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNI- CIPAL CODE (PETITION NO. 8b-12, GENERALLY LOCATED AT THE NORTHEAST CORNER OF 4TH STREET AND LUGO AVENUE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (34) Council Member Marks made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-553 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. 15 11/3/86 ORD. MC-554 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.150 OF THE SAN BERNARDINO MUNICIPAL CODE TO DECREASE ADOPTION FEES FOR DOGS AND CATS. (35) Council Member Marks made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-554 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. ORD. MC-555 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.56.020 OF THE SAN BERNARDINO MUNICIPAL CODE CONCERN- ING THE REQUIREMENT OF GARAGES AND CARPORTS WHEN A STRUCTURE IS TO BE REHABILITATED. (36) Council Member Marks made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-555 was adopted by the fOllowing vote: Ayes: Council Members Estrada, Reilly, Marks, Strickler. Noes: Council Member Hernandez. Absent: Council Members Quiel, Frazier. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 18.40.160 OF THE SAN BER- NARDINO MUNICIPAL CODE TO RESTATE THE PRO- VISIONS OF EXEMPTION FROM THE TWO STANDARD ACCESS ROUTE REQUIREMENT FOR SUBDIVISIONS WITHIN AND OUTSIDE THE HIGH FIRE HAZARD AREA. (Continued from October 20, 1986) (37) (See Page 31) City Attorney Prince answered questions regarding this ordinance, stating that it had been rewritten from the version presented at a previous meeting. The reason for the rewriting was to put it in conformance with the form of the Municipal Code and to make it more readable. However, the content was not changed. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said ordinance be continued to the afternoon session with direction to the City Attorney to provide a copy of the original ordinance at that time. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.34 TO THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING THE ABATEMENT OF EXCESSIVE VEGETATION GROWTH AND INADEQUATE- LY MAINTAINED LANDSCAPING AS A PUBLIC NUI- SANCE. (Continued from October 20, 1986) (38) The Council discussed the penalty provisions of the ordinance. City Attorney Prince answered questions regarding the proposed ordinance, stating that it provides enforcement provisions in situations where persons are interferring 16 11/3/86 with the duties of City officials or employees who are enforcing the public nuisance proceedings. Mr. Prince explained that the violation is a misdemeanor. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be referred to the Legislative Review Committee. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCOR- PORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PE~I- TION NO. 86-18, GENERALLY LOCATED AT THE WES'r SIDE OF SIERRA WAY BE'rWEEN HIGHLAND AVENUE AND 27TH STREET), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (39) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final passage. RECONSIDERATION OF ITEM 28 Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that Item 28 relating to the City's participation in the Sheriff's Work Sentence Program be reconsidered. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE CITY'S PARTICIPATION IN THE SHER- IFF'S WORK SENTENCE PROGRAM. (28) The Mayor and Council discussed an issue raised by City Attorney Prince regarding said resolution in that the County of San Bernardino had refused to incorporate the mutual hold harmless and indemnification clauses in the contract. This work program involves working with prison- ers from Glen Helen and there is a possibility of increased liability. For example, in the case of a prisoner who was working in this program and not properly identified as being violent, the City could be liable for any dangerous action on his part. City Attorney Prince answered questions regarding liability. The Mayor and Council discussed complaints that had been received by the City regarding the unfavorable pro- ductivity of the City's work force and the lack of super- vision. COUNCIL MEMBER QUIEL ARRIVED At 10:45 a.m., Council Member Quiel arrived at the Council Meeting. City Administrator Schweitzer answered questions and explained the difference between the Sheriff's Work Sen- tence Program and the Juvenile Probationary Program, stat- ing that the Juvenile Probationary Program provides its own supervision, tools and transportation, and is in operation for the City the first two week-ends of each month. The young people in this program have a choice of working or serving time in Juvenile Hall. The people serving at Glen Helen would report to the City who would provide supervision. 17 11/3/86 council Member Marks Council Member Estrada and resolution be continued to page 27 ) made a motion, seconded by unanimously carried, that said the afternoon session. (See STORM Dlli\INAGE FEES - TRACT 10979 - EAST OF PINE AND NORTH OF IRVINGTON AVENUES - FORECAST CORPORATION - CONTINUED FROM OC'rOBER 20, 1986 This is the time and place continued to for a public hearing to consider a request for waiver from storm drain- age fees by Forecast Corporation for Tract No. 10979 lo- cated east of pine and north of Irvington Avenues. (41) In a memorandum dated October 27, 1986, Roger Hard- grave, Director of Public Works/City Engineer, explained that this matter had been continued from October 20, 1986, in order to allow a survey of surrounding cities to deter- mine their policies and dollar impact relating to storm drain fees. Attached to Mr. Hardgrave's memorandum was a memorandum from Assistant City Engineer Gene Klatt, sum- marizing the results of the survey. Also attached was a document entitled, Guidelines for Participation by the City in the Cost of-COnstI-tici"tTOn-o-YMaster Plan Storm Drain Facilities by Developers . Mayor wilcox opened the hearing. Joe Carman of Forecast Corporation was present, and stated he had met with the Legislative Review Committee. The Council discussed this particular request for waiver of storm drainage fees. The developer has made a substantial investment to provide a drainage system that empties directly into the County Flood Control and has no downstream impact on the City of San Bernardino. Council Member Quiel made a motion, seconded by Council Member Reilly, that the hearing be closed, that the recommendation of staff be affirmed, and that staff be directed to refund the fees after they have been satisfied that the storm drain facilities have been installed and completed to the standards specified by the City. The Mayor and Council discussed various storm drain- age situations and whether of not they created a down- stream impact on the City, and the use of storm drain fees generated in the northern part of the City for use in the southern part of town. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions, stating that there was no down- stream liability on this proposed project as it is dumped directly into the County Flood Control Basin, but there was considerable liability on a project in the Third Ward. Mr. Hardgrave also stated that it was his impression that the storm drain fees were imposed to take care of the increased run off downstream in developments. Roger Hardgrave, Director of Public Works/City Engi- neer, stated that $250,000 had been spent to install storm drains in this project, and was supporting this as a matter of fairness. He also suggested that perhaps the City should look at the basic storm drainage fees which were established in 1978 and perhaps increase slightly the present fees and spread the burden over everyone more fairly. 18 11/3/86 Council Member Hernandez made a substitute motion, seconded by Council Member Marks, that this matter be continued to the afternoon session for a thorough discus- sion on this project and other projects and what the fi- nancial impact would be. (See Page 28) The motion carr ied by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Frazier, Strickler. Noes: Council Members Reilly, Quiel. Absent: None. COMMUNrry DEVELOPMENT COMMISSION/REDEVELOPI1ENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman Wilcox in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. NORTHWEST PROJECT AREA COMMIT'rEE - ELEC'rION BUDGET In a memorandum dated October 27, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, explained that the Northwest Project Area Committee held their first election on December 19, 1984. The PAC has tentatively scheduled their second election in December, 1986, and has requested $6,000 to cover the costs of this second elec- tion. (R-3) The Common Council, acting as the Corununity Develop- ment Commission discussed at length the proposed Northwest Project Area Committee election and the pros and cons of the election being held as a separate election or in con- junction with the City primary to be held in March, 1987. The first election of the PAC was conducted by the City Clerk, with the understanding that any further elections would be conducted by the PAC, as now provided in the By-Laws. Sr. Assistant City Attorney Briggs, answered ques- tions, stating in the scenario of the City Clerk handling the election, a change in the PAC By-Laws would be re- quired, which is being considered. He explained that the PAC thinks it would be more fruitful with more partici- pation if conducted by the City Clerk's election process. Mr. Briggs also stated that the City is obligated to pro- vide the budget for the election, but at this point the election is not the responsibility of the City. Mr. Carl Clemmons, Chairman of the Northwest project Area Committee, stated that the $b,OOO requested would be used to cover the costs of mailing newsletters with the candidates' statements in event of either a solitary elec- tion or one combined with the City primary. Mr. Clemmons stated he felt it would be fair and more professional if the election were held with the City primary Election. He explained that the PAC is working with Sr. Assistant City Attorney Briggs in drafting changes in the By-Laws. He urged the Council to approve the request for $6,000, as if the election is to be held in December, there is little time for implementation of all that needs to be done. City Clerk Clark stated for the record that she had serious concerns about having the PAC election on the March City Primary ballot, as combining two elections that don't have the same voter pool would create problems. There would be many variables, such as meeting the candi- dates nomination period deadlines. Also, there would be 19 11/3/86 non-registered voters who would be eligible to vote in the PAC election, but not the City election and voters from other precincts eligible to vote in the PAC election. Different ballot types would be required in these situa- tions. The Common Council, acting as the Co~nunity Develop- ment Commission, voted to continue the request for $6,000 for election costs of the North"est Redevelopment project Area Committee to the meeting of November 17, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and that staff, the City Clerk and the PAC get together for discussion on this matter. COUNCIL MEMBERS QUIEL, FRAZIER AND STRICKLER EXCUSED Council Members Quiel, Frazier and StriCkler left the Council Meeting. SALE OF LENA ROAD PROPERTY - SET PUBLIC HEARING In a memorandum dated October 28, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, stated that in June, 1984, the Agency acquired title to 5.1 acres of land on the southwest corner of Rialto Avenue and Lena Road as part of the transaction with the County SchOOls for their new administrative office. Staff has now re- ceived an offer to purchase the Lena Road piece at its appraised value of $4S0,OOO cash. (R-6a) Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, to set a joint public hearing at 11:00 a.m., on Monday, November 17, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to consider the option or sale of real property at the southwest corner of Rialto Avenue and Lena Road. COUNCIL MEMBERS QUIEL, FRAZIER, STRICKLER RETURNED Council Members Quiel, Frazier, StriCkler returned to the Council Meeting and took their places at the Council Table. RECESS MEETING At 11:59 a.m., Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the meeting be recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:07 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City A&ninistrator Schweitzer. Absent: Council Member Quiel. APPEAL - MOUNTAIN SHADOWS APARTMENT PROJECT _ ENVIRONMENTAL IMPACT FOR REVIEW OF PLANS NO. 86-51 - JIM SMITH This is the time and place set to hear an appeal filed by Jim Smith on the Planning Commission'S decision to issue a Negative Declaration for the Mountain Shadows Apartment Project, Environmental Impact for Review of Plans No. 86-51. The Owner/Applicant is Stubblefield Enterprises, and the project, a 492-unit, three-story apartment complex on 29 acres, located between the north- ern terminus of La praix avenue and Citrus Street. (56) 20 11/3/86 A letter dated October 22, 1986, from Mr. Jim Smith, 3963 E. Croyden Street, San Bernardino, stated that his appeal concerns the impact the proj ect would have on existing overcrowded schools. A letter dated October 24, 1986, from Attorney Brek- hus & Williams Law Offices, 813 D Street, San Rafael, California 94901, was read. In the letter Mr. Brekhus stated he was representing approximately 500 neighbors who reside in the vicinity of the proposed Mountain Shadows Apartment Project, and specifically Mr. Jim Cimino. He requested that this matter be continued because he was unable to attend the meeting on November 3, 1986. He suggested the following hearing dates as being acceptable: November 7, 10, 14, 17, and 18, 1986. City Attorney Prince answered questions and read a portion of his letter dated October 29, 1986, in which he stated: "Normally, a timely request by an attorney/spokes- man of a large number of interested residents for a con- tinuance of an appeal hearing on the grounds of unavaila- blity of himself and a number of such residents should be granted unless interested parties would be adversely prejudiced" . Darlene Fischer, Hill, Farrerr & Burrill, 445 South Figueroa Street, Los Angeles, CA 90071, representing Stubblefield Enterprises, stated that a long delay would severely prejudice the Stubblefield Enterprises as they would experience possible loss of financing, increased cost of development, as well as losing windows in their construction schedule. Ms. Fischer also stated that the continuance would result in a loss of entitlement to go forward with their development under the existing R-3 Zoning Ordinance. Ms. Fischer explained that Stubblefield Enterprises wants to go on record as stating that they would not oppose a short continuance of a few days, if the continu- ance is granted on two conditions: that the continuance be granted to such a time as all members of the Council can be present; and that the time for the Development Review Committee approval on the project would be extended for a time equal to the length of any continuance. COUNCIL MEMBER QUIEL RETURNED At 2:17 p.m., Council Member Quiel returned to the Council Meeting and took his place at the Council Table. Jim Cimino, representing the surrounding neighbors who are appealing, answered questions. John Stubblefield, Stubblefield Enterprises, stated that a two week delay would be too long and suggested alternate dates. A discussion ensued regarding possible dates for the continuance at which all interested parties could be present. Jim Smith, appellant, suggested that since Mr. Cimino was here representing the neighboring property owners, and other principals were here, that the hearing be held. John Stubblefield, Stubblefield Enterprises, stated that in a spirit of cooperation, they would yield to a continuance date of November 17, 1986. 21 11/3/86 Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to con- tinue this matter to 7:00 p.m., November 17, 1986, at Sturges Auditorium, 8th and "E" Street, San Bernardino, California, and that the Council go on record indicating that they would endorse the change in the transition rules as they affect the Stubblefield projects to extend the number of days by two weeks in terms of applying the ordi- nance as to whether or not the Stubblefield project quali- fied under the old vs. the new R-3 ordinance. Staff was directed to prepare the appropriate docu- mentation to extend the transition date in the urgency ordinance by two weeks (from October 21, 1986). The ex- tension is to apply only to this project. Planning Director Schuma agreed to send notices to all interested parties of the new hearing date and loca- tion. COUNCIL MEMBERS HARKS, QUIEL EXCUSED Council Member Marks, Quiel left the Council Meeting. HEARING - S & S MEAT PRODUC'rS - CONTINUED FROM OCTOBER 20, 1986 This is the time and place continued to for a hearing to consider the odor caused by the operation of S & S Meat Products, 1389 West Mill street, San Bernardino, Cali- fornia. (59) Mayor Wilcox opened the hearing. Attorney Ken Skousen, representing S & S Meat Prod- ucts, explained that a meeting had been held with City staff to discuss possible ways to reduce the odor produced by the operation of S & S Meat Products. He stated that the only viable possibility seemed to be covering the trucks in some fashion. City Attorney Prince answered questions regarding the legality of the operation of S & S Meat Products, stating that they are there legally. Planning Director Schuma answered questions, stating that this operation has been primarily a distribution center, and had just recently been informed that they were also processing oils that have been collected from other locations. City Attorney Prince answered questions regarding ordinances governing this type of problem, stating that there is an ordinance that contains language about ob- noxious odors. However, he stated that in view of the evidence presented, he doubted that a case could be suc- cessfully prosecuted. The Mayor and Council discussed possible solutions to the problems of the odors at S & S Meat Products. James Sherratt, S & S Meat Products, explained their schedule of trucks arriving and departing, and what mea- sures they had taken to mitigate the unpleasant odors. He stated they have done everything they can in this respect. He stated that his business had never been written up nor received a citation. 22 11/3/86 Attorney Ken Skousen suggested that the Council pro- vide information on design and production of a cover for trucks while they are being unloaded and reloaded, and he will also look into finding someone who might be able to do this. Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that the hearing regarding the S & S Meat Products be continued to November 17,1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. ORDINANCE OF THE CITY OF SAN BERNARDINO REQUIRING A REVIEW OF PLANS FOR SINGLE FAMILY DWELLINGS WITHIN THE FOOTHILL AREA. (Continued from October 20, 1986) (First) (57) Planning Director Schuma explained that if this mat- ter required a public hearing it should go before the Planning Commission rather than the Development Review Committee (DRC) because the DRC does not have the pro- cedures for a public hearing, whereas the Planning Cornrnis- sion is already equipped with such procedures. COUNCIL MEMBER MARKS RETURNEn At 3:15 p.m., Council Member Marks returned to the Council Meeting and took his place at the Council Table. The Mayor and Council discussed the proposed ordi- nance and the fact that it is triggered only on two story homes, not one story. Council Member Quiel made a motion, seconded by Council Member StriCkler and unanimously carried, that said ordinance be referred to the Legislative Review Com- mittee for a report back to the Council on November 17, 1986. RESOLUTION OF THE CITY OF SAN BERNARDINO RELATING TO REVIEW OF PLANS FOR SINGLE FAMILY DWELLINGS WITHIN THE FOOTHILL AREA. (Continued from October 20, 1986) (58) Council Member Quiel made a motion, seconded by Council Member StriCkler and unanimously carried, that said resolution be referred to the Legislative Review Committee for a report back on November 17, 1986. HIGHLAND HILLS SPECIFIC PLAN NO. 1 - REQUEST FOR DENSITY TRANSFER - RE-ALLOCATION OF HOUSING UNITS - In a letter dated October 28, 1986, William G. Smith, Partner, Highland Hills Properties, P. O. Box 1367, San Bernardino, California 92401, explained Highland Hills Specific Plan No.1, what density had been approved by the Planning Cornrnission and what they wish to change. (S-l) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the request for density transfer and re-allocation of housing units for Highland Hills Specific Plan No.1 be continued to November 17, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 23 11/3/86 FINDINGS OF FACT FOR REVOCATION OF COUNTY VARIANCE NO. 215-67 In a memorandum dated October 30, 1986, Planning Director Schuma presented the necessary Findings of Fact to substantiate the revocation of County Variance No. 215-67. (S-6) Council Member Reilly made a motion, seconded by Council Member Marks and unanimously carried, that the Mayor and Council adopt the Findings of Fact as submitted by the Planning Director as a basis for revocation of County Variance No. 215-67. ASSESSMENT DISTRICT NO. 972 - NORTHWEST SAN BERNARDINO - REPORT FROM CITY ENGINEER - PAYMENT OF ASSESSMENTS - CONTINUED FROM OCTOBER 20, 1986 This is the time and place continued to for consider- ation of a report from Roger Hardgrave, Director of Public Works/City Engineer, concerning who would be paying assessments on Assessment District No. 972, and what the boundaries of the district would be. (43) In a memorandum dated October 24, 1986, Roger Hard- grave, Director of Public Works/City Engineer, explained the background of this proposed assessment district and that it appeared that it would be easier and more cost effective to deal with new development in this area on an individual basis. Mr. Hardgrave recolMlended that proceed- ings be terminated. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that pro- ceedings for the proposed Assessment District No. 972 be terminated. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. CENTRAL CITY MALL MAINTENANCE CONTRACT - GIBSON BROS. - REPORT FROM SUPERINTENDENT OF PUBLIC BUILDINGS - CONTINUED FROM OCTOBER 20, 1986 This is the time and place continued to for a report from the Superintendent of Public buildings concerning a proposed maintenance contract with Gibson Bros. regarding the Central City Mall. (44) City Administrator Schweitzer answered questions, stating that the people involved in these negotiations wanted time for another meeting. Council Member Quie1 made a motion, seconded by Council Member Strickler and unanimously carried, that the report from the Superintendent of Public Buildings regard- ing a proposed maintenance contract with Gibson Bros. regarding the Central City Mall, be continued to November 17, 1986, in the Council Chambers of City Hall, 300 North liD II Street, San Bernardino, California. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. NOR'rHWEST REnEVELOPMENT PROJECT AREA AND ENTERPRISE ZONE - GENERAL PLAN ZONE - CONFLICTS - REPORT FROM COMMUNITY DEVELOPMENT AND PLANNING DEPARTMENT - CONTINUED FROM OCTOBER 20, 1986 In a memorandum dated October 23, 1986, Frank Schuma, Planning Director, and Kenneth Henderson, Director of Community Development, gave the background of this matter 24 11/3/86 and explained the inconsistencies in the General Plan Zone within the Northwest Redevelopment Project Area and the Enterprise Zone. It was stated that the inconsistency exists only between the General/Northwest-Redevelopment Project Area Plan and current zoning/Enterprise Zone. The status quo of differences between the General Plan/North- west Redevelopment Project Area and Plan and current zon- ing allows the development community the greatest degree of flexibility in meeting the development objectives of the Northwest Redevelopment project Area and the Enter- prise Zone. (45) Planning Director Schuma explained the background of the NortlH/est Redevelopment Project Area and the potential for inconsistencies, which exist between the zoning and the General Plan. He stated that if everything would be made consistent according to the General Plan, there would have to be rezoning of all the properties along Baseline, Mt. Vernon and Highland to multi-family designations. Also, the Enterprise Zone was recently introduced, which is designed to encourage the growth of commercial and industrial development. Ken Henderson, Director, Community Development, ex- plained that there was no inconsistency between the Gener- al Plan and the Redevelopment Plan. He stated that the recommendation was made to allow flexibility and not to negatively impact commercial designation area of the Enterprise Zone. Council Member Quiel made a motion, seconded by Council Member Strickler, that the matter be tabled. The motion carried by the following vote: Council Members Estrada, Reilly, Hernandez, Marks, Strickler. Noes: Council Member Frazier. Absent: Ayes: Quiel, None. SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL SMALL BUSINESS/ECONOMIC DEVELOPMENT PROGRAM - TRANSFER TO CITY In a memorandum dated October 24, 1986, Kenneth Hen- derson, Director, Community Development, explained that the San Bernardio Economic Development Council (EDC) had conducted a workshop relating to the future goals and ob j ecti ves of the Agency. It was the consensus of those present that the EDC should be the marketing arm of the City and that the marketing efforts of the City, the RDA and the EDC should be consolidated into one program to be implemented by the EDC. It was further agreed that the small business' economic development loan program adminis- tered by the EDC be transferred to the City's Community Development Department. (46) Ken Henderson, Director, COlrununity Development, an- swered questions of the Council regarding the responsi- bilities of the EDC, and stated that what is being re- quested today is only approval in concept of the transfer of the San Bernardino Economic Development Council Small BusineSS/Economic Development Program to the City. He stated that a report would be brought back to the Mayor and Council with complete information on loans and re- venues, with a program for consideration. The Mayor and Council discussed the responsibilities of the EDC and what advantages their services might pro- vide to the City. Council Member StriCkler made a motion, seconded by Council Member Quiel, that the Mayor and Common Council approve in concept the transfer of the San Bernardino Economic Development Council Small Business/Economic Development Program to City. 25 11/3/86 The motion carried by the following vote: Ayes: Council Members Estada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. COUNCIL MEMBERS FRA~IER, STRICKLER EXCUSED Council Members Frazier, Strickler left the Council Meeting. COUNCIL PERSONNEL COMMITTEE REPORT - OCTOBER 27, 1986 Council Member Reilly, Chairman, Council Personnel Committee, presented the report of the Council Personnel Committee held on October 27, 198G. The following items were discussed: (48) 1. ~~ElX Step Increase - B. Baker - Item tabled. 2. Substitution of Positions -Construction Inspector for Survey Engineer - Joe Bell -The Committee recommended approval. (A letter from Roger Hardgrave, Director of Public Works/City Engineer, was attached) 3. Director of Building and Safety -Salary Study - The Committee recommended that if a Director of Development Services position is approved, the salary range be set at 4170 ($3984-$4851). The Committee recom- mended the title Superintendent of Building and Safety be changed to Director of Build- ing and Safety and this position be sala- ried at the 4156 range ($3352-$4082). Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that the report of the meeting of the Council Personnel Committee held on October 27, 1986, be received an filed. COUNCIL MEMBER STRICKLER RETURNED Council Member StriCkler returned to the Council Meeting and took his place at the Council Table. RES. 86-454 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTI'rLED IN PART "A RESOLU'rrON. . CREAT- ING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; ESTABLISHING THE POSITION OF CIVIL ENGINEERING ASSISTANT II; INCREASE THE NUMBER OF CONSTRUCTION INSPECTORS FROM FIVE TO SIX AND DELETING THE POSITIONS OF SURVEY ENGINEER AND TRAFFIC SIGNAL DESIGN ENGINEER IN THE ENGINEERING DEPARTMENT. (New Business) City Clerk Clark read the title of the resolution. Council Member Reilly made a motion, Council Member Quiel and unanimously carried, reading of the resolution be waived. seconded by that further COUNCIL MEMBER FRA~IER RETURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council Council Member Reilly made a motion, seconded by Council Member Quiel, that said resolution be adopted. 2b 11/3/86 Resolution No. 86-454 was adopted vote: Ayes: Council Members Reilly, Quiel, Frazier, Strickler. Noes: None. Abstain: Council Member Estrada. by the following Hernandez, Marks, Absent: None. The Mayor and Common Council discussed ways to clarify changes in personnel resolutions by identifying positions being added or deleted. COUNCIL MEr'lEER UERNANnEZ EXCUSED Council Member Hernandez left the Council Meeting. co~mUNITY DEVELOPMENT BLOCK GRANT FUNDS - PROJECT EARLY OUTREACH In a memorandum dated October 23, 1986, Kenneth Hen- derson, Director, Community Development Department, gave the background of a previous grant of $44,692 from Com- munity Development Block Grant Funds to project Early Outreach. A request has been received for additional $73,278. This program has been highly successful and has exceeded expectations. However, denial of the request for funds has been recommended because no 1986/87 CDBG funds are available. Approval was recently given for CDBG fund- ing for various social service programs administered by Parks, Recreation & Community Services Deparmtent. The effect of this action placed the 1986-87 CDBG publici social services expenditures at the maximum 15% allowed by Federal regulations. (47) Ken Henderson, Director, Community Development Department, answered questions of the Council. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the request by Project Early Outreach for funding be referred to the Ways and Means Committee. Dr. Mildred Dalton Henry thanked the Mayor and Corrnnon Council for their support in the past and appreciation for concern for the future. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. RES. 86-455 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT' WITH 'rHE COUN'l'Y OF SAN BERNARDINO RELATING TO THE CITY'S PARTICIPATION IN THE SHERIFF'S WORK SENTENCE PROGRAM. (28) (Continued from earlier in the meeting. See page 18 ) It was pointed out earlier in the meeting this agree- ment does not contain a hold harmless and indemnification clause from San Bernardino County, which could cause in- creased liability for the City. Manuel Moreno, Jr., Superintendent, Public Services, answered questions and explained that there are two pro- grams in which the City participates: 1. A Juvenile Group that is monitored by their own program and basically works in City parks; 2. Work Sentence Program in which the County provides personnel that have been sentenced for a traffic violation or something similar, and have a num- ber of hours to work off. They report directly to the City and are under the supervision of the City. 27 11/3/86 Mr. Moreno stated the City forces do not act as security, but supervise the workers. He explained that Maintenance I City personnel are used for supervision at about a ratio of one supervisor to five workers. The Mayor and Council supervision and if Maintenance to supervise in this situation. discussed the level of I personnel were qualified Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 86-455 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Strickler. Noes: Council Members Hernandez, Marks. Absent: Council Member Frazier. SOUTHERN CALIFORNIA GAS COMPANY APPLICATION FOR RATE INCREASES - WAYS AND MEANS COMMITTEE REPORT - CONTINUED FROM OCTOBER 20, 1986 This is the time and place continued to for consider- ation of a report from the Ways and Means Committee re- garding Application Nos. 86-09-030 and 86-09-029 of the Southern California Gas Company for rate increases (49) In Item No.4 on the Ways and Means Committee Meeting report of October 27, 1980, the Committee recommended a resolution of concern based on the effect and impact a 31% increase in rates has on our population and recommended that the Public Utilities Commission scrutinize this in- crease with that in mind. The Committee further suggested that in adjudicating the claim that the Commission attempt to give SoCal Gas the flexibility necessary to minimize the impact on our population. The Committee also recom- mended a letter commending Mr. Jim King for an outstanding presentation. (See next Item: S-4) RES. 86-456 - RESOLU'l'ION OF THE CITY OF SAN BERNARDINO URGING THE PUBLIC UTILITIES COMMISSION TO CONSIDER THE EFFEC'r AND IM- PACT OF A 31% INCREASE IN RATES OF THE SOUTHERN CALIFORNIA GAS COMPANY. (S-4) The City Clerk 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 and said resolu- tion be adopted. vote: Marks, Member Resolution No. 86-4S6 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Council Frazier. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. WAIVER FROM S'l'ORl1 DRAIN FEES - 'rRACT NO. 10979 - FORECAST CORPORATION - CONTINUED FROM EARLIER IN 'rHE MEETING This is the time and place continued to for discus- sion on the request from Forecast Corporation for a waiver from storm drain fees on Tract No. 10979 on property lo- cated east of pine and north of Irvington Avenues. (See pagel7l (41) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the request for waiver from storm drain fees by the Forecast 28 11/3/86 Corporation, Trdct No. 10979, be continued to November 17, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. WAYS AND MEANS COMMITTEE REPORT - OCTOBER 27, 1986 Council Member Marks, Chairman of the Ways and Means Co~nittee, presented the report of the meeting of the Ways and Means Committee held on October 27, 1986. The fol- lowing items were discussed: (50) 1. Social Service Contract Analysis Report - Item continued. To be completed within six weeks. Forms used to acquire informa- tion are to be furnished to Council Staff as soon as ready. 2. Parks, Recreation and Community Ser- vices Budget Reductions - This presentation will be made to Committee after the Manage- ment Report and Mid-year Budget Review are completed. Mr. Conway is to submit his consultant report to the Committee as soon as possible. 3. City Animal Shelter - Enhanced Adop- tions-=-Itern-contlnued-and-referred-to the AnImal Advisory Commission for review and recommendation to the Committee by the second meeting in November. 4. Southern California Gas Company Appli- cation to PUC for Rate Increase -(Item was acted on earlier in the meeting. See page 27, Items 49 and S-4) 5. Ordinance Relating to the Clarification ~!_!~~_!~~~!!!~~~_g!!li!y~seE~~ax - The Committee recommended adoption of the ordinance as presented. (See next item - Ordinance MC-556) 6. Review of Outstanding Purchase Orders - Item continued. 7. Status of Project No. Tract 42 - Item continued to to-allow all parties to get get all issues on the table. ber Frazier will meet with individuals. 770 - Census November 10th together and Council Mem- the involved 8. Consolidation of Management Responsi- bilities - The Committee did not agree on recommendations set forth by staff. The Committee recommended that the differences of opinion be brought before the full Council for discussion. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the report of the Ways and Means Committee meeting held on October 27, 1986 be received and filed. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. 29 11/3/86 ORD. MC-556 - ORDINANCE OF THE CITY OF SAN FINAL BERNARnINO ADDING SECTION 3.44.065 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE CLARIFICA'rION OF 'rHE IMPOSI'rrON OF THE UTILITY SERVICE USERS TAX; AND DECLARING THE URGENCY THEREOF. (50-5) The City Clerk read the title of the ordinance. Council Member Quiel made a motion, Council Member Marks and unanimously carried, reading of the ordinance be waived and said adopted. seconded by that further ordinance be Ordinance MC-556 was adopted by the Ayes: Council Members Estrada, Reilly, Strickler. Noes: None. Absent: Council dez, Frazier. following vote: Marks, Quiel, Members Hernan- COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. PROPOSED CLEAN INDOOR AIR ORDINANCE In a memorandum dated October 23, 1986, Mayor Wilcox presented a San Bernardino County Clean Indoor Air Coali- tion Model Smoking Ordinance entitled, "An Ordinance of the City Council of the City of Regulation of Smoking in Public Places and PlaceS-of Employment", for consideration. (51) Mr. Burton Wilke from the Health Department explained the Clean Air Coalition which was formed by 89 cities and counties throughout California. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the proposed clean indoor air ordinance be referred to the Legislative Review Committee meeting to be held on Novem- ber 13, 1986, at 2:00 p.m., in the Redevelopment Agency Conference Room, Third Floor, City Hall, 300 North "D" Street, San Bernardino. COUNCIL MEMBERS MARKS, FRAZIER RETURNEn Council Members Marks, Frazier returned Council Meeting and took their places at the Table. to the Council STORM DW\INAGE CONTRIBUTION OFFER - TRACT NO. 12313 - SOUTH OF MILL STREET BETWEEN EUCALPYTUS AND PEPPER In a memorandum dated October 21, 1986, Roger Hard- grave, Director of Public Works/City Engineer, stated that the developers of Tract 12313 had submitted a letter re- questing the City consider accepting a dollar contribution of $105,000.00 as a fair share contribution to the drain- age problems that exist in the area. The Tract is located south of Mill Street between Eucalyptus and Pepper. A copy of that letter was attached. Mr. Hardgrave explained the conditions leading up to this offer and recommended that the Mayor and Council approve and accept the $105,000.00 as a fair share contribution and allow the development to proceed. (52) Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions. 30 11/3/86 council Member Marks made a motion, seconded by Council Member Quiel, that the Mayor and Council accept the offer of $105,000.00 as a fair share contribution to storm drain problems from developers of Tract 12313, and further direct staff to combine these funds with normal storm drainage development fees to be used to address drainage concerns in this area of the community. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstained: Council Member Hernandez. COUNCIL MEMBERS ESTRADA, MARKS EXCUSED Council Members Estrada, Marks left the Council Meet- ing. GENERAL REPORTS AND CORRESPONDENCE Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the following item be filed: (55) a. Board of Building Commissioners' Resolution: BBC 1126 263 W. Baseline COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SECcrION 18.40.160 OF THE SAN BER- NARDINO MUNICIPAL CODE TO RESTATE THE PRO- VISIONS OF EXEMPTION FROM THE TWO STANnARD ACCESS ROUTE REQUIREMENT FOR SUBDIVISIONS WITHIN AND OUTSIDE THE HIGH FIRE HAZARD AREA. (Continued from earlier in the meet- ing. See page 16 ) (37) Council Member Quiel made a motion, seconded by Council Member StriCkler and unanimously carried, that said ordinance be referred to the Legislative Review Com- mittee. COUNCIL MEHBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. DIRECTOR OF DEVELOPMENTAL SERVICES - BUILDING AND SAFE'rY AND PLANNING DEPARTMENcrS - REPOR'r OF CONSOLIDATION OF MANAGEMENT RESPONSIBILITIES In a memorandum dated October 28,1986, James Robbins, Superintendent, Building & Safety, presented a report regarding the proposed consolidation of management respon- sibilities for the Building and Safety and Planning De- partments. Mr. Robbins stated that it was clear from his survey of 37 cities and the Planning Director's survey of 11 cities, that 33 of 37 cities have Building and Safety combined with another department. Three are combined by contractual arrangements and San Bernardino remains as the 37th, each department separate. (S-5) Mr. Robbins indicated that the survey also indicated that the Building Official position was underpaid by ap- proximately $400 per month. The Planning survey indicated a $725 difference per month, although it should be noted the responsibility included Planning and Building and Safety. 31 11/3/86 ,- Mr. Robbins stated in his report that it was impera- tive that the reorganized department issue be decided at the next regularly scheduled Council meeting. He gave the following five alternatives for struc- ture: 1. A Deputy City Administrator providing administrative and managerial leadership, with a Planning Director and a Director of Building and Safety providing technical leadership. 2. A Director of Developmental Services providing overall administrative and mana- gerial leadership, with a Planning Director and Director of Building and Safety pro- viding technical leadership. 3. A Director of Developmental Services providing overall administrative, manager- ial and technical leadership with mid- managers providing additional technical leadership. 4. Maintain current structure of Planning Director and Director of Building and Safe- ty to provide administrative, managerial and technical leadership. 5. Maintain Planning Director and contact for Building and Safety services. Mr. Robbins also summarized decisions that must be made as follows: 1. The recruitment and selection process. 2. Salary for the positions must be estab- lished. The Deputy City Administrator position exists, no salary setting would be necessary for it. Director of Development Services - R4170 ($3984-4851); Director of Building and Safety - R4156 ($3352-4082). 3. The Finance Director be authorized to use the encumbered $15,000 to offset organ- izational realignment as appropriate and provide further refinement of estimated revenues at midyear review. The Mayor and Common Council expressed each of their preferences for an alternative. Jim Robbins, Acting Superintendent, Building and Safety, answered questions regarding his mission upon hiring, which was to provide management and leadership to the Department of Building and Safety, and to provide the Council with some type of information regarding the type of leadership he thought was necessary for the Department. Council Member Frazier made a motion, seconded by Council Member Strickler, to authorize recruitment of Superintendent of Building & Safety at the new range of 4156 and authorize the establishment of an additional position of Deputy City Administrator at the present range. (Alternative No.1) 32 11/3/86 The motion carried by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, strickler. Noes: Council Members Estrada, Hernandez. Absent: None. COUNCIL MEMBERS HERNANDEZ AND QUIEL EXCUSED Council Members Hernandez and Quiel left the Council Meeting. Counc i 1 Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the details of implementation for the additional Deputy City Administrator position be referred to the Ways and Means Committee. COUNCIL MEMBERS HERNANDEZ AND QUIEL RETURNED Council Members Hernandez and Quiel returned to the Council Meeting and took their places at the Council Table. RECESS MEETING - CLOSED SESSION At 5:30 p.m., Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess to a Closed Session pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation in the following cases: Walsh et al ~~~~ity~!~~~~~~~~~~~~~, Superior Court Case No. 199364; and The City of San Bernardino et al vs. San Man- uel Band of Mission Indians, et aI, U. S. District Court Case-No~85-6899-WJ~(BX); and Government Code Section 54957 to discuss personnel matters. (53 & 54) CLOSED SESSION At 5:30 p.m., Mayor wilcox called the Closed Session to order in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk 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. Also present were: Assistant City Attorney Sabourin; Administrative Assistant to the Mayor Bennecke, Executive Assistant to Council Arvizo. ADJOUffi, CLOSED SESSION At 5:55 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 5:55 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following 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. 33 11/3/86 RES. 86-458 - RESOLUTION OP THE CI'l'Y OF SAN BERNARDINO AWARDING A CONTRACT TO BONADI- MAN-MC CAIN, INC., FOR CONSTRUCTION OF A CUL-DE-SAC ON PIEDMONT DRIVE, AT VICTORIA AVENUE, M1D EXTENSION OP PIEDMONT DRIVE. (S-3) City Clerk Clark read the title of the resolution. In a memorandum dated October 29, 1986, Roger Hardgrave, Director of Public Works/City Engineer, stated bids for this proj ect were opened on October 28, 1986. Only one bid was received, which contained the following components: Schedule One - Extension of piedmont Drive; Schedule Two - Construction of cul-de-sac at Victoria Avenue; Additive Alternate "A" - Construct 6' concrete block wall across piedmont Drive right-of-way; Additive Alternate "B" - Construct 6' concrete block wall, from Lynwood Drive to piedmont Drive; Additive Alternate "C" - Construct 8' concrete block wall, from Lynwood Drive to piedmont Drive; Additive Alternate "D" - Place additional asphalt concrete over box culvert on Victoria Avenue. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions regarding the alternatives, stating that the eight foot slumps tone block wall from the Bingo Parlor south to Lynwood is preferred by the majority of area residents. He also stated that the bid received is reasonable. Mr. Hardgrave explained that the developer, Hill- Williams, has not yet dedicated all the necessary rights- of-way for the extension of Piedmont. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, to approve the contract based upon the bid received and authorize the installation of a slumpstone wall from the south side of the Bingo Parlor south to Lynwood Drive, and the instal- lation of the cul-de-sac (Estimate No.3) and the above is subject to acquisition of the necessary documents for the extension of piedmont Drive. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived and said resolution be adopted as amended in accordance with the above motion. Resolution No. 86-4S8 was adopted vote: Ayes: Council Members Estrada, Quiel, Frazier, Strickler. Noes: None. Member Hernandez. by the following Reilly, Marks, Absent: Council RES. 86-457 - RESOLu'rrON OP 'rHE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUt-1 OF UNDERS'rANDING WITH THE COUNTY OF SAN BERNARDINO RELATING TO FUNDS RE- CEIVED UNDER THE SETTLEMENT AGREEMENT WITH THE SAN MANUEL BAND OF MISSION INDIANS. (60) (Continued from October 20, 1986) 34 11/3/86 I Council Member Marks presented said resolution and stated that the negotiated agreement provides for the payment of $1,150,000 to the City and County over a seven year period. The City will immediately receive $50,000 and an additional $250,000 next year. $150,000 will be paid each year for five years and $100,000 will be paid the final year. Projects which have been identified include: 1. Upgrade of traffic signal at Highland and Victoria Avenue to provide for a left turn lane with signal element from Highland Avenue on to Victoria Avenue. 2. Erection of a barrier on Piedmont Avenue to preclude vehicular travel between piedmont Avenue and Victoria Avenue. It is intended that a portion of said barrier will be designed to permit passage of emergency vehicles between Victoria and piedmont Avenues. 3. Extension of piedmont Avenue east. 4. Construction of a box culvert on Lynwood Avenue west of Victoria to eliminate the dip in the road at the location of the flood control channel. Assistant City Attorney Sabourin explained the compensation fund and how it will be operable by the Court, and how the compensation fund was negotiated by Council Member Marks. Colonel James Barlow asked questions regarding the distribution of the compensation fund and referred to claims against the City filed by 22 surrounding property owners. It was explained to Colonel Barlow that payments from the compensation fund would be issued by a Court appointed arbitrator. Attorney Peter Rosen, Boran, Sloan, Deutsch, 1990 Westwood, Los Angeles, representing the 22 claimants, asked questions regarding the arbitration process. A question decision on the the near future. was raised about the effect of this people who will be selling their homes in Assistant City Attorney Sabourin stated that the diminution in value would be taken into consideration by the Court and there will be a window period in which to file for compensation. He also answered questions regard- ing the manner for determining which homeowners will be in a position to file claims and how the number of claimants will dilute the compensation fund. Attorney Peter Rosen explained the position of the 22 claimants and requested that the Council defer action for 45 days until details are worked out with interested parties. Some of the issues are the administrative costs, the present value of the payout from the compensation fund and the "class" of the claims. Council Member Marks made a motion, seconded by Council Member Estrada that further reading of the resolution be waived and said resolution be adopted. 35 11/3/86 I Resolution No. 86-4S7 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Hernandez. RECESS MEETING At 6:50 p.m., the Regular Meeting of the Mayor and Common Council recessed for 20 minutes. RECONVENE MEETING At 7:10 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor wilcox; Council Members Estrada, Reilly, Marks, Quiel, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Hernandez, Frazier. HIGH DENSITY PROJECTS IN FOOTHILLS - ENCOURAGEMEN'r OF UPSCALE SINGLE FAMILY RESIDENTIAL HOMES - INCENTIVE PLAN In a memorandum dated October 27, 1986, Council Mem- ber Marks requested discussion on an incentive plan for reducing high density projects in the foothills and en- courage upscale single family residential homes. (S-2) In a memorandum dated September 22, 1986, Deputy City Attorney Wilson stated that the Mayor and Common Council, by ordinance, may grant exemptions on fees and other incentives to the private development of higher quality housing in specific geographical areas of the City. The Council discussed the plan. It was agreed that developer participation would be voluntary and that the general boundaries would be from 40th Street north to the foothills. Mr. Dustin Davis asked a question of Council Member Estrada concerning her philosophy on the issue. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the incentive plan for reducing high density projects in the foothills and encouraging upscale single family residen- tial homes be referred to the Legislative Review Cownittee for a report back as soon as possible. COUNCIL MEMBER F~\ZIER RETURNEn Council Member Frazier returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. PUBLIC HEARING - TRI CITY FIRE STATION In a memorandum dated October 27, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, gave a synopsis of previous Council action regarding the proposed Tri City Fire Station and explained that the documents to be adopted today are needed for the Ceritificates of Par- ticipation that will finance the new Tri City Fire Sta- tion. The certificates will be approximately $2,87S,OOU. They will allow for the construction of the fire station, acquisition of a fire engine and paramedic squad, the acquisition of the computer aided dispatch and fire alert system and the new telephone system for City Hall. (R-9) 36 11/3/86 Mayor wilcox opened the hearing. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the hearing be closed. RES. 86-459 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF THAT CERTAIN PROPERTY IDENTIFIED AS A PORTION OF LOT 31, TRACT NO. 12034, LOCATED ON VANDERB IL T WAY, NORTHWESTERL Y FROl1 CARNE- GIE DRIVE, WITHIN THE TRI CITY PROJECT AREA, AND A COMPUTER AIDED DISPA'rCH SYS'rEM AND A CITY HALL TELEPHONE SYSTEM BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TO THE CITY OF SAN BERNARDINO (HEALTH AND SAFETY CODE SECTION 33433). (R-9d) City Clerk Clark read the title of the resolution. to Council Member Quiel made a motion, seconded by . Council Member StriCkler and unanimously carried, that further readipg of the resolution be waived and said resolution be adopted. Resolution No. 86-459 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Hernandez, Marks. RESOLU'l'ION OF THE MAYOR AND CO~lMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING FINnINGS RELATING TO CONnITIONAL USE PERMIT NOS. 86-28 AND 86-33 AND DENYING SUCH PER- MITS. (Continued from earlier in meeting. See page 11) (19) Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that said resolution be continued to Friday, November 7, 1986, at 11:00 a.m., in the Redevelopment Agency Board Room, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California. MINUTES - OCTOBER 20, 1986 Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carr ied, that approval of the minutes of the meeting of the Mayor and Common Council held on the 20th day of October, 1986, be continued to Friday, November 7, 1986, at 11:00 a.m., in the Redevelopment Agency Board Room, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California. (2 ) ADJOURNMENT At 8:00 p.m., Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that the Regular Meeting of the Mayor and Common Council be adjourned to 11:00 a.m., on Friday, November 7, 1986, in the Redevelopment Agency Board Room, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California. No. of Hours 9 No. of Items 71 l 37 11/3/86