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HomeMy WebLinkAbout12-08-1986 Minutes NOTE: Due to inadvertent clerical error, the resolutions in this set of minutes are not listed in chronological order. Resolution Nos. 86-486 through 86-504 may be found on pages 28 through 33, and page 38. ~ City of San Bernardino; California December 8; 1986 This is the time and place heretofore set for an Adjourned Regular Meeting of the Mayor and Cornmon Council of the city of San Bernardino at their Regular Meeting held at 9:00 a.m.; on t1onday; December L 1986; in the Council Chambers of city Hall; 300 North "D" Street; San Bernardino; all members of the Mayor and Common Council being absent therefrom. The City Clerk has caused to be posted the Notice of Adjournment of said meeting held at 9:00 a.m.; on Monday; December 1; 1986; and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said Notice which was posted at 9:00 a.m.; on Monday; December 1; 1986; in the Council Chambers of City Hall; 300 North "D" street; San Bernardino; California. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:07 a.m.; on Monday; December 8; 1986; in the Council Chambers of city HalL 300 North "D" Street; San Bernardino; California. INVOCATION The Invocation was given by Phil Arvizo; Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Strickler. ROLL CALL Roll Call was taken by the City Clerk with the fol~ lowing being present: Mayor Wilcox; Council Members Estrada; Reilly; Hernandez; Quiel; Frazier; Strickler; City Attorney Prince; City Clerk Clark; City Administrator Schweitzer. Absent: Council Member Marks. COUNCIL AGENDA ~ WORKSHOPS ~ RE~SCHEDULING ITEMS Mayor Wilcox stated that today's meeting will recess at noon to a workshop to discuss a management audit pre- pared by Arthur Young regarding the Parks, Recreation and Community Services Department. She also stated that at 3:45 p.m.. the Mayor and Council will recess to the Board of Supervisors' Chambers for a report on the proposed joint use of Norton Air Force Base. Council Member Hernandez made a motion, seconded by Council Member Estrada and unanimously carried, that Item S-l - High Ground Water Problem, and S~lO - proposed lease between the City and San Bernardino Baseball Club, Inc., be considered this morning; and that Item 44 relating to Sandalwood Park Apartment Project be heard at 5:00 p.m. PROCLAMATION - BILL OF RIGHTS WEEK ~ DECEMBER 7, 1986 - DECEMBER 15. 1986 Richard Bennecke, Administrative Assistant to the Mayor; read a proclamation of the Mayor of the City of San Bernardino proclaiming the week of December 7. 1986, to December 15; 1986, as Bill of Rights Week which urged the citizens of San Bernardino to reacquaint themselves with Bill of Rights which grants basic rights as citizens and to join in commemorating the historic document. Ralph Johnson, Regional Vice President of Coast Fed- eral Savings, and Helene Lare, Manager, San Bernardino Coast Federal Savings; accepted the proclamation on behalf / of Ross Blakeley; Chairman of the Board of Coast Federal Savings. PROCLAMATION ~ HELPING HANDS WEEK ~ DECEMBER 7; 1986 ~ DECEMBER 13; 1986 Richard Bennecke, Administrative Assistant to the Mayor; read a proclamation of the Mayor of the City of San Bernardino. proclaiming the week of December 7; 1986 to December 13; 1986; as Helping Hands Week in the City of San Bernardino; and uryed the support of all citizens to work together to help children with special needs. W. C. Bird. Coordinator for Helping Hands of the Southern California Region; accepted the proclamation. COUNCIL MEl1BER MARKS ARRIVED At 9:15 a.m.; Council Member Marks arrived at the Council Meeting and took his place at the Council Table. APPROVE MINUTES ~ NOVEMBER 7; 1986 Council Member Frazier made a motion; seconded by Council Member Strickler and unanimously carried; to ap~ prove the minutes of the meeting of the Mayor and Comnon Council of the City of San Bernardino held on the 7th day of November; 1986; as submitted in typewritten form. (1) SEVENTH WARD PARK EXTENSION FUND ~ DEL VALLEJO SCHOOL RUNNING TRACK ~ OVERLAY In a memorandum dated November 17; 1986; Annie Ramos; Director of Parks; Recreation & Community Services; stated that the running track around the football field at Del Vallejo School is maintained by the Parks Division as part of the agreement for City use of that School District property. Ms. Ramos explained how the track will be improved at a cost of $5;250; with work being done by Park Division personnel. (3) Council Member Frazier made a motion; seconded by Council Member Strickler and unanimously carried; that $5,250 from the Seventh Ward Park Extension Fund for the purchase of materials to overlay the running track at Del Vallejo School; be approved. TRAFFIC SIGNALS - UNIVERSITY PARKWAY & NOR'rHPARK BOULEVARD ~ PRELIMINARY ENGINEERING - TRANSFER OF FUNDS In a memorandum dated November 17, 1986, Roger Hard- grave; Director of Public Works/City Engineer, stated that $56.345 had been collected from development in the area of University Parkway and Northpark Boulevard for defraying the cost of installing traffic signals when they become warranted. It was 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. (4) Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that the transfer of $5.000 from Account No. 772-301-24505, to Account No. 242-362-57375; "Signals - University Parkway & Northpark Boulevard", be approved. STREET NAME CHANGE - CONCOURSE WAY TO CLUB WAY In a memorandum dated November 19, 1986, Roger Hard- grave, Director of Public Works/City Engineer, stated that S. P. Commercial Developments had requested that a street name be changed from Concourse Way to Club Way. A copy of the letter of request was attached. (5) 2 12/8/86 council Member Frazier made a motion; seconded by Council Member Strickler and unanimously carried; that the Real property Section of the Public Works Department be authorized and directed to proceed with changing the name of Concourse Way; south of Redlands Boulevard; to Club Way. LANDSCAPE I1AINTENANCE DISTRICT ~ PIEDMONT DRIVE AREA In a memorandum dated November 7; 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 Tract No. 13329. Mr. Hardgrave explained that the develo~ per will be required to up~front the cost of the proceed~ ings for the establishment of the district. (6) council Member Frazier made a motion; seconded by Council Member Strickler and unanimously carried; that the City Engineer and City Clerk be authorized to proceed with the establishment of an assessment district under the provisions of Chapter 12.90 of tile San Bernardino Munici~ pal Code; and the City Engineer be directed to prepare an Engineer's Report for the proposed maintenance of land~ scaping in portions of piedmont Drive; generally between Yuma Drive and Lynwood Drive; in the city of San Bernar~ dino; and portions of Citrus Street; generally between pinon Court and Oleta Lane. LANDSCAPE 11AINTENAlJCE DISTRICT ~ MERIDIAN AND RANDALL AVENUE AREA ~ AUTHORIZATION TO PROCEED In a memorandum dated November 18; 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 east side of Meridian Avenue along the frontage of Tentative Tract No. 12974. Mr. Hardgrave further stated that the developer will be required to up-front the cost of the proceedings for the establishment of the district. (7) Council Member Frazier made a motion; seconded by Council Member Strickler and unanimously carried, that the City Engineer and City Clerk be authorized to proceed with the establishment of an assessment district under the provisions of Chapter 12.90 of the San Bernardino Munici- pal Code; and the City Engineer be directed to prepare an Engineer'S Report for the proposed maintenance of land- scaping in portions of Meridian Avenue, northerly of Ran- dall Avenue; in the City of San Bernardino. TRAFFIC SIGNALS MODIFICATION - BASELINE AND MUSCOTT S'rREETS - SIXTH AND "D" STREETS - CHANGE ORDER NO. TWO - SIGNAL CONSTRUCTION CO. In a memorandum dated November 24; 1986; Roger Hard~ grave, Director of Public Works/City Engineer, explained why Change Order No. Two to the contract with Signal Con- struction Co. for modification of traffic signals at Base- line and Muscott Streets; and sixth and "D" Streets is needed. Mr. Hardgrave explained that this change order will have to be paid entirely with City funds; since the work is not eligible for Federal-Aid Funds, and will in- crease the Contract price from $64,703.00 to $65;203.00. (8) Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, to ap~ prove Change Order No. Two to the contract with Signal Construction Corporation, for modernization of traffic 3 12/8/86 signals at Baseline and Muscott Streets and at Sixth and "D" Streets; in accordance with Plan No. 6657; to author':' ize the contractor to install necessary wiring and con':' ductors to connect the street lights at Sixth and "D" Streets to the 240 volt circuit; for a lump sum cost of $500.00. CLAIMS AND PAYROLL Council Member Frazier made a motion; seconded by Council Member Strickler and unanimously carried; to ap':' prove demands against the City and authorize the issuance of warrants as follows: (9) 1. Approve the register of demands dated: November 12; 1986 November 17; 1986 86/87 86/87 #11 #12 $2; 221; 727.76 586;034.34 2. Approve the total gross payroll for the period October 27; 1986; through November 9, 1986; in the amount of $1;295;693.10. APPROVE MINUTES':' NOVEMBER 17 .:. 18; 1986 Council Member Marks made a motion; seconded by Council Member Frazier and unanimously carried; to approve the minutes of November 17 and 18; 1986; by interdelinea':' tion with changes made by Council Member Marks and City Clerk Clark as follows: Page 32; add after paragraph 5; Mr. Sweet's response to questions by ~Ir. Marks regarding the cumulative impact to traffic from acreage north of the proposed apartments. He stated that if he had taken into account the cumulative impact to traffic from acreage north of the proposed apartments; that it would have a negative impact upon the traffic condition already im':' pacted negatively; in his view; by the apartment project. (2) Mr. Marks requested that the record show that the City Attorney agreed. Page 47: Delete second paragraph on the page where Council Member Marks was excused. He was present. Page 50, paragraph 6: Change the date of closing the hearing from November 17, to November 18, 1986. (It was after midnight of that day). PERSONNEL ACTIONS - CONSERVATION CREW SUPERVISOR The Mayor and Council discussed the proposed tempor- ary appointment of Ronald J. Simpson to the position of Conservation Crew Supervisor under the supervision of the Mayor's Office, as listed on page 2 of Personnel Actions. (10) City Administrator Schweitzer answered questions regarding which City department would be more suitable to supervise the position of Conservation Crew Supervisor. He stated that functionally, the crew is being supervised on a daily basis by the Parks & Recreation Department; but for budgetary purposes the position is put in the Mayor's Department as set forth in the contract with the State. Greg Garcia, project Coordinator, Mayor's Office; answered questions. City Administrator Schweitzer answered questions, stating that the contract; when originally written; showed that the position of Conservation Crew Supervisor was in the Mayor's Office, and was approved by the Council. 4 12/8/8G City Attorney Prince answered questions. Council Member Frazier made a motion; seconded by Council Member Estrada and unanimously carried; to con~ tinue the Personnel Actions until later in the meeting. (See page 6) COUNCIL MEMBER FRAZIER S FATHER PRESENT Mayor wilcox recognized Rev. Horace Frazier; father of Council Member Frazier, a former resident of San Ber~ nardino; who now lives in Detroit; Michigan; and welcomed him to the meeting. GROUNDWATER MANAGEMENT AGENCY ~ PRINCIPLES OF LEGISLATION ~ UPPER SANTA ANA RIVER In a memorandum dated December 3; 1986; Council Mem~ ber Hernandez requested discussion regarding the document: Rri~ciEl~s~-I:.~gi$lation for UEEer Santa Ana River Groundwater Management Agency. Also attached were various documents and correspondence relative to this matter. (S~l) The Mayor and Council discussed reported meetings that have been held by a group of individuals to discuss the groundwater problem; with Mayor wilcox as a partici~ pant; but city Council Members not included. Mayor wilcox clarified the issue by stating that she had attended a couple of meetings where there had been discussions in an attempt to get all the entities together and address the high groundwater problem. It has not yet been resolved. Reference was made to a letter addressed to Mayor Wilcox from Senator Ruben S. Ayala; dated December 3; 1986; in which he stated he had once again introduced legislation calling for the creation of a management agency of the underground water supply in the San Bernar- dino Valley. Senator Ayala further stated:" I am asking that the City of San Bernardino take a lead togeth- er with the County to attempt to reach an amicable and satisfactory solution to this problem by using your influ- ence and leadership in this endeavor." He requested a response to this matter no later than the first week in January. The Mayor and Council discussed the proposed legisla~ tion; which is very general in nature; and specifically indicates that there must be input from the local enti- ties. The Council indicated their concern that they had received no prior knowledge of the proposed legislation and had no input. They indicated their desire for the Mayor and Mr. Wessel, General Manager of the Water Depart- ment. to provide information as to what has happened pro- cedurally, as their first knowledge of this was through a newspaper article. The Council discussed the Council Water Committee made up of three Council Members which was created to work with the groundwater problem. This Committee was given the duty of representing the City with other agen- cies to attempt to present a recommended course of action with alternatives. It appears that the Committee had not been notified of the meetings. Herb Wessel; General Manager answered questions; stating that fruitless attempts in the past of the Water Department, there had been several to pass legislation that 5 12/8/86 would establish groundwater management. Mr. Wessel ex~ plained that the Upper Santa Ana River Water Resources Group had been meeting monthly and intended to incorporate and become a formal organization in the pursuit of basin management. He stated he and Joseph Stejskal were mem~ bers; with Bernie Kersey and Joe Bocanegra as alternates; respectively. Herb Wessel, General Manager of the Water answered questions regarding membership; and efforts being made by public officials to groundwater problem. Department; explained solve the Council Member Marks made a motion; seconded by Council Member Frazier and unanimously carried; that the Mayor and Council reaffirm the status of the Ad Hoc Hater Committee of the City Council and its membership; direct that the Committee and the Mayor; who will be a part of that Committee if she so chooses; to interact with all interested parties on the issue of the high groundwater in San Bernardino; and to bring back in a timely manner recommendations to the city Council for a solution to the high groundwater problem in San Bernardino. It was pointed out that Council Members Estrada; Reilly; and Hernandez serve on the Committee. City Attorney Prince answered questions regarding which entity; the City or the Water Department; has juris~ diction in the matter of hiring of Mr. Fitzgerald as legal counsel in the matter of the groundwater problem. Mayor Hilcox suggested that since the basin manage- ment issue will cover more than just the groundwater prob~ lem and to protect all the City's rights; it would be appropriate for the City to be responsible for the hiring of Mr. Fitzgerald. The Mayor and Council discussed tile importance of the Water Committee being kept informed of all matters relat~ ing to water problems and appropriate communication be- tween the Mayor's office and the Council office in this regard. Council Member Hernandez made a motion; seconded by Council Member Marks and unanimously carried, to grant authority to the City Attorney to hire Attorney Edward Fitzgerald of Gibson, Dunn and Crutcher; if the Committee wishes him to serve as legal counsel to work on the pro- posed water legislation. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. PERSONNEL ACTIONS - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for discus- sion on certain positions in the Personnel Actions recom- mendations of the Personnel Department. (10) Annie Ramos; Director, Parks; Recreation & Community Services, answered questions regarding the hiring of per- sons to fill part-time positions in the Parks, Recreation & Community Services Department. She explained that, due to budgetary restraints; it was necessary to cut back on hours of certain employees. As a result of this, some of the employees resigned. Thus, they have requested person- nel to fill those part-time support positions for fewer working hours. 6 12/8/86 The Mayor and Council discussed the Arthur Young Audit of the parks; Recreation & Community Services De~ partment; which indicateu that there was insufficient line personnel in comparison to management and mid~management; and the importance of maintaining recreational programs. John Kramer; Recreation Superintendent; Parks; Recre~ ation & Community Services Department; answered questions; stating that the level of service for recreational pro~ grams is augmented during the summer months and reduced in the winter months. City Administrator Schweitzer answered questions regarding budgeting emphasis for summer months and reduc~ tions in the winter months. John Kramer; Recreation Superintendent; Parks; Recre~ ation & Community Services Department; answered questions; stating there were no changes in the Afternoon Playground Program; and that all Council mandated programs have been maintained. Council Member Estrada made a motion; seconded by Council Member Frazier and unanimously carried; that the Personnel Actions be continued for discussion at the work~ shop scheduled at noon. (See page 18) COUNCIL MEMBER QUIEL RE'rURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. LEASE ~ SAN BERNARDINO BASEBALL CLUB; INC. - USE OF FISCALINI FIELD ~ 1987~88~89 BASEBALL SEASON In a memorandum dated December 5; 1986; Mayor Wilcox presented a report and recommendations on negotiations conducted between City Staff; Economic Development Council and the San Bernardino Baseball Club; Inc. Also attached were various documents providing support for the recommen~ dations to approve in concept the negotiated terms for use of Fiscalini Field for the 1987; 1988; and 1989 Baseball season; to direct the City engineer to begin work on de- veloping plans for a Club House Facility and additional sea ting for Fiscalini Field for the purpose of developing an R. F. P.; and to direct the City Attorney to draft a lease agreement for council's review and approval between the City of San Bernardino and San Bernardino Baseball Club, Inc. for use of Fiscalini Field. (S-lO) Richard Bennecke; Administrative Assistant to the Mayor, explained that meetings had been held for the pur- pose of negotiating terms for the use of Fiscalini Field by the San Bernardino Baseball Club, Inc. for 1987, 1988, and 1989. He stated that on November 17; 1986, the Mayor and Council approved in concept the support of the reloca- tion of the Ventura Gulls; Division A Minor League Base~ ball Team,to the City of San Bernardino. Mr. Bennecke stated that the negotiating team was comprised of himself, representatives from EDC, the City Attorney's Office and Parks, Recreation & Community De~ partment. Mr. Bennecke explained that no cOlnmi tments were made during the negotiations, but there are major things that need to be done if the team is to meet their schedule of their first game on April 1, 1987. He stated that under the proposed terms, maintenance of the club house and concession stand would be the responsibility of the Base~ ball Club. Field maintenance would be the responsibility 7 12/8/86 of the City; which is presently being done by a fu11':'time employee. He stated that a part':'time employee may be needed also. John Kramer; Recreation Superintendent; Parks; Recre':' ation & Community Services; answered questions regarding hours worked by maintenance personnel at Fiscalini Field; and stated that money is in the budget for this service. John Kramer; Recreation Superintendent; parks; Recre':' ation & Community Services; answered questions regarding the use of Fiscalini Field by other organizations; stating that the Civitan Program had made arrangements to use Aquinas facilities; which is advantageous to both enti':' ties. Roy Englebrecht; a minority owner of San Bernardino Baseball Club; Inc.; stated that the negotiations by City representatives were conducted in a very professional manner and worked to protect the City's interest. He explained that a delay in proceeding could be very detri':' mental to the Baseball Club; and urged the Council to approve the matter in concept. He stated that the owners of the Baseball Club would be available on Monday; Decem':' ber 15; 1986; if this matter is considered at that time. Council Member Marks made a motion; seconded by Council Member Reilly and unanimously carried; that the proposed lease between the City and San Bernardino Base':' ball Club; Inc.; be referred to the Ways and Means co@nit':' tee meeting to be held on Saturday; December 13; 1986; and continued to Monday; December 15; 1986. COUNCIL MEMBERS QUIEL AND STRICKLER EXCUSED Council Members Quiel and strickler left the Council Meeting. STUBBLEFIELD ENTERPRISES .:. MOUN'rAIN SHADOHS VILLAS .:. EXTENSION OF TIME .:. GRANDFATHER CLAUSE - R':'3 ORDINM~CE .:. CONTINUED FROM NOVEMBER 17; 1986 This is the time and place continued to for consider':' ation of the extension of time on the Grandfather Clause relating to the R-3 Ordinance for Stubblefield Enter':' prises, Mountain Shadows Villas project. (55) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the matter of the extension of time for the Grandfather Clause for the Stubblefield Enterprises' Mountain Shadows Villas be continued to Monday, December 22; 1986; in the Council Chambers of City Hall, 300 North "D" Street; San Bernar- dino; California. APPOINTMENT - EQUAL EMPLOYI1EN'r OPPORTUNITY COMMITTEE .:. PATRICIA COOK Pursuant to a memorandum dated December 3, 1986; from Mayor Wilcox; Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, to approve the appointment of Ms. patricia Cook; Bank Manager of Pacific Savings Bank; to the San Bernardino Equal Employment Opportunity Committee (EEOC). Her home address is 1677 W. Gilbert st., San Bernardino; CA 92411. (New Business) COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - ADJOURNED REGULAR MEETING The Adjourned Regular Meeting of the Community Devel':' opment Commission/Redevelopment Agency was called to order by Chairperson wilcox in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino; California. 8 12/8/86 READING AND WAIVING OF ALL RESOLUTIONS AND ORDINANCES ON THE REDEVELOPMENT AGENCY AGENDA City Clerk Clark read the titles of all the resolu~ tions and ordinances on the Redevelopment Agency Agenda. Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried; that further reading of all the resolutions and ordinances on the Redevelopment Agency Agenda be waived. RES. 86~482 ~ RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE ACCEP'fANCE OF ASSIGNMENT OF CON'fRAC'fS FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE CITY OF SAN BERNARDINO COMMUNITY DEVELOPMENT DEPARTMENT. (R~6b) Sr. Assistant city Attorney Briggs answered questions regarding the process used in the assignment of contracts from the Redevelopment Agency to the Community Development Department. Council Member Marks made a motion; seconded by Council Member Hernandez; that said resolution be adopted. Resolution No. 86~482 was adopted by the following vote: Ayes: Council Members Estrada; Reilly; Hernandez; Marks; Frazier. Noes: None. Absent: Council Members Quiel; Strickler. ORD. MC-558 ~ ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO; CALIFORNIA; AMENDING THE RE~ DEVELOPMENT PLAN FOR THE MEADOWBROOK PARK REDEVELOPMENT PROJECT (MEADOWBROOK PROJECT NO. 1) (R-7a) Council Member Reilly made a motion; seconded by Council Member Estrada; tilat said ordinance be adopted. Ordinance MC-558 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier. Noes: Council Member Marks. Absent: Council Members Quiel, Strickler. ORD. MC-559 - ORDINANCE OF 'rHE CITY OF SAN FINAL BERNARDINO; CALIFORNIA; AMENDING THE RE~ DEVELOPMENT PLAN FOR THE CENTRAL CITY PROJ~ ECT NO. 1. (R~7b) Council Member Reilly made a motion; seconded by Council Member Estrada; that said ordinance be adopted. Ordinance MC-559 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier. Noes: Counc i 1 Member Marks. Absent: Council Members Quiel; Strickler. ORD. MC-560 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO; CALIFORNIA, AMENDING THE RE~ DEVELOPMEWf PLAN FOR THE STA'fE COLLEGE REDEVELOPMENT PROJECT NO.4. (R-7c) Council Member Reilly made a motion. seconded by Council Member Estrada, that said ordinance be adopted. Ordinance MC-560 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier. Noes: Council Member Marks. Absent: Council Members Quiel, Strickler. 9 12/8/86 ORD. MC-561 - ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING THE RE- DEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT. FINAL (R-7d) Council Member Reilly made a motion, seconded by Council Member Estrada, that said ordinance be adopted. Ordinance MC-561 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier. Noes: Council Member Marks. Absent: Council Members Quiel, Strickler. ORD. MC-562 - ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING THE RE- DEVELOPMENT PLAN FOR THE CENTRAL CITY WEST REDEVELOPMENT PROJECT. FINAL (R-7e) Council Member Reilly made a motion, seconded by Council Member Estrada, that said ordinance be adopted. Ordinance MC-562 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier. Noes: Council Member Marks. Absent: Council Members Quiel, Strickler. ORD. MC-563 - ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING THE RE- DEVELOPMENT PLAN FOR THE CENTRAL CITY EAST REDEVELOPMENT PROJECT. FINAL (R-7f) Council Member Reilly made a motion, seconded by Council Member Estrada, that said ordinance be adopted. Ordinance MC-563 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier. Noes: Council Member Marks. Absent: Council Members Quiel, Strickler. ORD. MC-564 - ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING THE RE- DEVELOPMENT PLAN FOR THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT. FINAL (R-7g) Council Member Reilly made a motion, seconded by Council Member Estrada, that said ordinance be adopted. Ordinance MC-564 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier. Noes: Council Member Marks. Absent: Council Members Quiel, Strickler. ORD. MC-565 - ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING THE RE- DEVELOPMENT PLAN FOR THE SOUTHEAST INDUS- TRIAL PARK REDEVELOPMENT PROJECT. FINAL (R-7h) Council Member Reilly made a motion, seconded by Council Member Estrada, that said ordinance be adopted. Ordinance MC-565 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier. Noes: Council Member Marks. Absent: Council Members Quiel, Strickler. 10 12/8/86 RES~ 86~483 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING ACCEP- TANCE OF CONTRACT FOR LEGAL SERVICES FOR REFUNDING BOND ISSUE (SISTER'S OF CHARITY OF THE INCARNATE WORD; ST. BERNARDINE' S HOSPITAL). (R:8a) Assistant City Attorney Briggs answered questions; stating that Warren Beebe was selected to act as Bond Counsel on this matter due to the fact his firm handled the initial issue: Mr: Briggs further stated that he had made it clear to Mr. Beebe that documents must be received in time for proper review by the Council; and items would not be put on the agenda unless such was the case: Glenda Saul; Executive Director of the Redevelopment Agency, answered questions regarding the selection of Mr~ Beebe's Office by the Sisters of Charity: Jeff Stava; an associate in Mr. Beebe's Law Firm; explained the background of their association with the Sister's of Charity since the original issue in 1983. He also explained they would receive a smaller fee on this matter because it was not as intricate as the original issue. Council Member Estrada made a motion; seconded by Council Member Reilly; that said resolution be adopted~ Resolution No~ 86-483 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks; Frazier: Noes: None: Absent: Council Members Quiel; Strickler: RES: 86-484 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, APPROVING A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING ITS USE IN CONNECTION WITH THE PROSPECTIVE ISSUANCE OF ITS "CITY OF SAN BERNARDINO; CALIFORNIA, SCH HEALTH CARE SYSTEM REVENUE BONDS (SIS- TERS OF CHARITY OF THE INCARNATE WORD, HOUSTON, TEXAS), SERIES 1986A", FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING BONDS. SERIES 1983A; MAKING CERTAIN FIND- INGS AND DETERMINATIONS IN CONNECTION THEREWITH. (R-8b) Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution NO~ 86-484 was adopted by the following vote: Ayes: Council Members Estrada; Reilly, Hernandez, Marks, Frazier. Noes: None. Absent: Council Members Quiel, Strickler. TRAFFIC STUDY - "E" STREET BRIDGE In a memorandum dated December 2, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, stated that the City had been considering widening the bridge on South "E" Street for some time due to the impact of cur- rent and new development along the southern portion of "E" Street within the Southeast Industrial Park Project Area. (R-9) Council Member Marks made a motion; seconded by Council Member Hernandez and unanimously carried, that the Director of Public Works be authorized to solicit propo- sals for a traffic engineering study to address traffic 11 12/8/86 improvement needs on south "E" Street, in accordance with memorandum of November 14; 1986: RES. 86-485 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO PROVIDING FOR CERTAIN AMENDMENTS TO A FINANCING AGREEMENT AND APPROVING SAID AMENDMENTS. (Best Products) (RS-l) City Clerk Clark read the title of the resolution: Council Member Estrada made a motion; seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived and said resolu- tion be adopted: Resolution No: 86:485 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks; Frazier. Noes: None: Absent: Council Members Quiel, Strickler: HIGHLAND AREA PLAN - STATUS REPORT Council Member Marks made a motion; seconded by Council Member Hernandez and unanimously carried, to con- sider Item S-9 relative to the Highland Area Plan at this time. (S:9) In a memorandum dated December 4; 1986; Planning Director Schuma stated that the Highland Area Plan Citizen Advisory Committee had completed work on the recommended land use plan and outlined the provisions of the plan: In the memorandum Mr: Schuma further explained that once the Planning Commission provides input to the plan; it will be placed on the Council agenda for their review: A discussion was held regarding the background of the Highland Area Plan and the many delays that have precluded action to finalize the Plan. It was pointed out that many San Bernardino citizens who had been working on the Plan had dropped out, due to the frustrations of making no real progress. Planning Director Schuma answered questions. Council Member Marks made a motion; seconded by Council Member Estrada, that the Planning Director be directed to bring the plan he has put together regarding the Highland Area Plan, with the options, to the Planning Commission's attention at their next meeting, or a special meeting within the next two weeks, and that this item be discussed at the Council Meeting to be held on December 22, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried Council Members Estrada, Council Member Hernandez. Strickler. by the following vote: Reilly, Marks, Frazier. Absent: Council Members Ayes: Noes: Quiel; RECESS MEETING At 12:00 noon, Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously car- ried, that the meeting be recessed to a workshop in the Redevelopment Agency Board Room; Third Floor, City Hall; 300 North "D" Street; San Bernardino, California: The purpose of the workshop is to study a report from Arthur Young regarding management in the Parks, Recreation & Community Services Department. 12 12/8/86 l RECONVENE MEETING At 2:06; the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall; 300 North "D" Street, San Bernardino; Cali: fornia: ROLL CALL Roll Call was taken by Deputy City Clerk South with the following being present: Mayor Wilcox; Council Mem: bers Estrada, Reilly, Hernandez, Frazier, Strickler; City Attorney Prince, Deputy City Clerk South, City Administra- tor Schweitzer: Absent: Council Members Marks; Quiel: APPEAL - REVIEW OF PLANS NO: 86:43 - SOUTH SIDE OF MILL - 200 FEET WEST OF CENTERLINE OF RANCHO AVENUE - COUNCIL MEMBER HERNANDEZ In a memorandum dated November 18, 1986; Planning Director Schuma presented a written request dated November 13; 1986, from Council Member Hernandez; Third Ward; ap: pealing the decision of the Planning Commission to not hear his appeal of Project 86-43: It waS his opinion that his previous verbal appeal was filed in a timely and cor: rect manner; and that the Planning Commission and Council have the authority to review the Development Review Com: mittee's recommendations: (53) Also attached to the memorandum were petitions from neighbors of the proposed project, which is construction of a 48 unit; three:story apartment complex located on approximately 1:3 acres on the south side of Mill Street; west of Rancho Avenue; opposing the proposed development: The Planning Director gave the background of the appeal; stating that Council Member Hernandez had pre: sented a verbal appeal to the proposed project at a Council Meeting on September 8; 1986; which reaffirmed an earlier verbal appeal by the Council Member: City Attorney Prince answered questions regarding a legal opinion dated December 5, 1986, in which he outlined the background of the appeal and attached a copy of Reso: lution No. 86-361 which adds provisions which establish a procedure for the appeal of administrative decisions to the Planning Commission: In the opinion, Mr. Prince stated in part as follows: "At the time that Councilman Hernandez' appeal was orally made; there was no time limit and no requirement that an appeal be in writing." Mr. Prince recommended that the appeal of Review of Plans 86-43 be referred to the Planning Commission for a hearing on the merits, and that interested parties be notified: City Attorney Prince answered questions, stating that the appeal procedures were established by resolution on September 9, 1986, and the appeal was made prior to that date: He also referred to a general appeal process which is set forth in a City ordinance which could arguably be applicable in this instance. CITY CLERK CLARK ARRIVED At 2:15 p.m., City Clerk Clark arrived at the Council Meeting and replaced Deputy City Clerk South. W. R. Holcomb, Attorney representing the developer; referred to City Resolution 83-48, which was adopted in 13 12/8/86 1983 and established the review process. Mr. Holcomb read Section 9 of the resolution; as follows: "SECTION 9: Action: Appeal: The Planning department shall approve or reject the plans submitted for review, and the deci- sion shall be final unless an appeal to the Planning Commission is filed; in writing; by the applicant within ten days of the decision": Mr. Holcomb also referred to San Bernardino Municipal Code Chapter 2:64 which sets forth appeal procedures: It was his contention that the appeal was not filed in a timely manner; and that no appeal was made in writing: COUNCIL MEMBER QUIEL ARRIVED Council Member Quiel arrived at the Council Meeting and took his place at the Council Table: City Attorney Prince requested that this matter be continued in order that he have time to review the docu- ments. Attorney Holcomb stated that a delay would be costly for his client. Jess Vasquez, 866 W: Louise; Colton; asked to be heard: Mayor wilcox stated that comments from citizens were not being received at this time; as the issue before the Council is that of determining what the legal position of the City is. City Attorney Prince answered questions; stating there was no liability to the City in this issue: Attorney Holcomb offered to pay for an independent legal opinion if the conclusion was the same as that pre: sented by Mr. Prince. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal on Review of Plans No. 86-43 be continued to Decem- ber 22, 1986, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia: COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. CHANGE OF ZONE 86-11 - CHANGE ZONE OF RECENTLY ANNEXED PROPERTY TO C-M COMMERCIAL MANUFACTURING - BOUNDED ON THE EAST BY TIPPECANOE - ON THE SOUTH BY I-10 FREEWAY - ON THE WEST BY ORCHARD DRIVE - ON THE NORTH BY THE PREVIOUSLY EXISTING SAN BERNARDINO CORPORATE BOUNDARY In a memorandum dated November 2l, 1986, Planning Director Schuma stated that at the meeting of the Planning Commission held on November 18, 1986, the application for Change of Zone No. 86-11, on recently annexed property to C-M Commercial Manufacturing, was recommended for appro- val. There are various owners of this property, and the applicant is the City of San Bernardino; and encompasses a site recently annexed into the City located on approxi- mately 29.4 acres bounded on the east by Tippecanoe Ave- nue, on the south by the I-10 Freeway, on the west by Orchard Drive and on the north by the previously existing San Bernardino Corporate Boundary. (54) 14 12/8/86 Council Member Estrada made a motion; seconded by Council Member Hernandez and unanimously carried, to ap- prove the responses to comments and to adopt the Negative Declaration for environmental impact which has been re~ viewed and considered: Council Member Estrada made a motion; seconded by Council Member Hernandez and unanimously carried, to ap- prove the findings and the recommendation of the Planning Commission and to direct the City Attorney to prepare the necessary amendments to the Zoning Ordinance: COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. HEARING - S & S MEAT PRODUCTS ~ 1389 W. MILL - CONTINUED FROM NOVEMBER 17; 1986 This is the time and place continued to for a hearing concerning the operation of S & S Meat Products, 1389 W. Mill Street; San Bernardino; California: (56) Mayor Wilcox opened the hearing. Planning Director Schuma stated that he; Deputy City Attorney McQueen and Code Compliance Officer Valenzuela had inspected the S & S Meat Products operations recently and detected no offensive odor at that time, nor did they find any violations of business license regulations: Ken Skousen, attorney for S & S Meats, was present and stated they had received a price from a manufacturer to make a canopy to cover the trailer while it is parked for loading and unloading at the S & S Meat Products facility. This canopy will be delivered in three or four weeks and will cost just under $500: Mr: Skousen further stated they were hopeful this would provide a solution to the odor problem: If this is not the case; however; they have considered moving to another location if they are able to sell the property they now occupy at market value, which is approximately $900,000. The Council discussed allowing S & S Meat Products sufficient time to get delivery of the canopy and see if its use is effective in eliminating the odors. The matter will be brought back on the Council Agenda at that time: Council Member Strickler made a motion; seconded by Council Member Reilly and unanimously carried, that the S & S Meat Products matter be tabled. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. PUBLIC HEARING - ASSESSMENT DISTRICT #961 - TRI CITY - REFUNDING 1915 ACT BONDS This is the time and place set for a public hearing to consider the refunding of all outstanding bonds of the $13,400,000.00 City of San Bernardino, Improvement Bonds, Assessment District No. 961, Series 1985 (Park Centre); pursuant to the Refunding Act of 1984 for 1915 Improvement Act Bonds. (35) Mayor wilcox opened the hearing: Timothy J. Sabo, Principal with Sabo and Deitsch, Bond Counsel to the City of San Bernardino, was present and explained the purpose of the public hearing. He stated it was advantageous to do refunding now because of the lower interest rates. 15 12/8/86 Mr. Sabo answered questions regarding the refinancing and what benefits would come to the City: geff Kinsell of Miller & Schroeder answered ques~ tions, stating that over the life of the bonds present value; there would be savings of $3;658;000 at today's dollars: The total difference between the old debt ser~ vice and the new debt service; including paying all those costs; the savings will be $7;485,000 at 20 years dollars: Craig Graves; City Treasurer, answered questions: Council Member Quiel made a motion; seconded by Council Member Strickler and unanimously carried; that the hearing be closed: City Clerk Clark read the titles of all the following resolutions: COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting: Council Member Quiel made a motion; seconded by Council Member Strickler and unanimously carried; that further reading of the following resolutions be waived: RES: 86~505 ~ RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF AN AGGREGATE PRINCIPAL AMOUNT OF $12;450;000 OF REFUNDING BONDS OF SAID CITY TO REFUND PREVIOUSLY ISSUED $13; 400; 000 CITY OF SAN BERNARDINO, IMPROVEMENT BONDS, ASSESSMENT DISTRICT NO: 961, SERIES 1985 (PARK CENTRE): (35A) Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 86-505 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Strickler. Noes: None. Absent: Council Members Hernandez, Marks, Frazier. RES. 86-506 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO A CER- TAIN REPORT FILED WITH THE CITY CLERK PUR- SUANT TO THE REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS, AND MAKING FINAL CONFIRMATION OF SAID REPORT. (35B) Council Member Quiel made a motion, seconded by Council Member Strickler; that said resolution be adopted. Resolution No. 86-506 was adopted by the following vote: Ayes: Council Members Estrada, Reilly; Quiel, Strickler. Noes: None. Absent: Council Members Hernandez, Marks, Frazier. RES. 86-507 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, ACCEPTING A BOND PURCHASE AGREEMENT AND PROVIDING FOR THE ESTABLISH- MENT OF A REDEMPTION FUND FOR THE PAYMENT OF THE BONDS TO BE PURCHASED PURSUANT TO SAID AGREEMENT. (35C) Council Member Quiel made a motion; seconded by Council Member Strickler; that said resolution be adopted. 16 12/8/86 Resolution No. 86-507 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Strickler. Noes: None. Absent: Council Members Hernandez, Marks, Frazier. RES. 86-508 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, APPOINTING A FISCAL AGENT AND APPROVING A FISCAL AGENT AGREEMENT FOR PURPOSES OF SERVING CERTAIN ASSESSMENT BONDS. (35D) Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 86-508 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Strickler. Noes: None. Absent: Council Members Hernandez, Marks, Frazier. RES. 86-509 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA APPROVING AN ESCROW AGREE- MENT WITH FIRST INTERSTATE BANK OF CALI- FORNIA. (35E) Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 86-509 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Strickler. Noes: None. Absent: Council Members Hernandez, Marks, Frazier. RES. 86-510 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, APPROVING THE PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE PREPARATION OF A FINAL OFFICIAL STATEMENT IN CONNECTION WITH THE ISSUANCE OF CERTAIN ASSESSMENT BONDS. (35F) Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 86-510 was adopted by the following vote: Ayes: Council Members Estrada. Reilly, Quiel, Strickler. Noes: None. Absent: Council Members Hernandez, Marks. Frazier. ARTHUR YOUNG STUDY - PARKS, RECREATION & COMMUNITY SERVICES - CONTINUED FROM NOVEMBER 17, 1986 A report was presented regarding the following ac- tions taken during the workshop at 12:00 noon today, regarding the audit prepared by Arthur YoungCo. concern- ing the Parks, Recreation & Community Services Department: (50 ) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, to freeze the position of Park Maintenance Supervisor in the Parks, Recreation & Community Service Department. (Until the City Administrator meets with the union on its eventual elimination.) (Council Members Marks, Quiel and Frazier were absent) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, to direct the City Administrator to work with the Parks, Recreation & Community Service Department to review the recommenda- 17 12/8/86 tions made by Arthur Young's audit of the Parks, Recrea- tion & Community Service Department and present an imple- mentation plan with specific recommendations by the first meeting in January, 1987 (January 5, 1987). This imple- mentation plan will include any meet and confer require- ments with the union. If the City Administrator cannot meet the first meeting in January deadline, then a status report will be given to Council at that meeting. (Council Members Marks, Quiel, Frazier were absent) Council Member Estrada stated that Annie Ramos, Director, Parks, Recreation & Community Services Depart- ment, had indicated to her, as a member of the Committee, that she was interested in having her comments on the recommendations of the consultants made available for publ ic record. After the meeting Council Member Estrada suggested that it might be appropriate for her to write down those responses and share them with the Mayor and Common Council prior to the recommendations for implemen- tation coming out of the City Administrator's Office so her views would be available to consider when the imple- mentation plan is considered. PERSONNEL ACTIONS Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that the Personnel Actions submitted by the Director of Personnel in accordance with all administrative regUlations of the City of San Bernardino, be approved and ratified as listed with the exception of the position of Conservation Crew Supervisor. (See page 28 for approval of that position) (10) APPOINTMENTS Police Department Pamela L. Kassai - Intermediate Typist Clerk - Effective December 9, 1986 John A. Pope - Police Officer - Effective December 9, 1986 Fire Department Steve E. Fogg - Fire Prevention Specialist - Effective January 5, 1987 Public Works/Engineering Reza F. Hooshmand - civil Engineering Assistant - Effective December 9, 1986 Building and Safety Don H. Hesterley - Code Compliance Officer - Effective December 9, 1986 TEMPORARY APPOINTMENTS Police Department Crossing Guard/Part-Time - Effective December 9, 1986 Beverly Adams Carmen G. Lopez Wanda Herndon James M. Nickols Parks, Recreation & Community Services Coach Operator/Part-Time - Effective December 9, 1986 Richard D. Adams Elvin E. Powell 18 12/8/86 Margarita Olson - Typist Clerk/Part-Time - Effective December 9, 1986 Recreation Leader/Part-Time - Effective December 9; 1986 Frances Blanco Don L: Ervin Terry Knox Benjamin Ramirez Margaret Staten Darryl Woodall Marvin Cash Dennis Hackett Kirk McDonald Sonya Sims Yvonne Wade PROMOTIONS Police Department Brian Keith Car tony ~ Detective - From Police Officer to Detective ~ Effective December 9; 1986 Mitchal Kimball - Sergeant - From Detective to Sergeant - Effective December 9, 1986 David R. Snell - Lieutenant - From Sergeant to Lieutenant - Effective December 9; 1986 PROMOTIONS/TEMPORARY Public Works/Public Buildings Sebastian Beltran - Custodial Aide III - From Custodial Aide II to Custodial Aide III - Effective December 9; 1986 Custodial Aide II - From Custodial Aide I to Custodial Aide II - Effective December 9, 1986 Jesus C. Hernandez Wilbur Murray Jim william Raught Gabino Tucker; Jr: Jimmie Dell Jones Mario Ramirez Armando Topete HIGHER ACTING CLASSIFICATION Fire Department Carlene Kay Lukasik - Fire Department Data Clerk - From November 3, 1986 through January 6, 1987 - Effective November 3, 1986 PROTEST HEARING - STREET VACATION - PORTION OF EAST/WEST ALLEY SOUTH OF MILL STREET - WEST OF "H" STREET This is the time and place set for a hearing to re- ceive protests on the proposed vacation of a portion of east/west alley south of Mill Street, west of "H" Street. (36) In a memorandum dated November 14, 1986, Roger Hardgrave, Director of Public Works/City Engineer, gave the background of the proposed street vacation and listed Findings of Fact to support the recommendation that the vacation proceedings be implemented. City Administrator Schweitzer recommended that the proceedings be terminated, stating that the alley is sixteen feet wide and the plans call for an easement of ten feet, thus leaving only about six feet for vacation. Mr. Schweitzer explained this would not leave adequate room for building. 19 12/8/86 council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the protect hearing regarding the vacation of a portion of east/west alley south of Mill Street, west of "H" Street be continued to December 22, 1986, and referred to the Legislative Review Committee, with staff studying the future plans for the off and on ramps as they relate to Mill Street and the Freeway, and the widening of the Free- way, the cost involved in the acquisition of the Salvation Army Building on the north side of Mill Street, and the future development of that; and that this information be provided to the Legislative Review Committee. The Plan- ning Staff was directed to hold up on any review of plans as they relate to development in question. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. REQUEST FOR WAIVER FROM STORM DRAIN FEES - TRACT 10979 - EAST OF PINE AND NORTH OF IRVINGTON AVENUES - FORECAST CORPORATION - CONTINUED FROM NOVEMBER 17, 1986 This is the time and place continued to for consider- ation of a request for a waiver by Forecast Corporation from storm drain fees on Tract No. 10979, east of Pine and north of Irvington Avenues. (37) In a memorandum dated November 17, 1986, Roger Hard- grave, Director of Public Works/City Engineer, stated that at the direction of the Council, they had studied the matter and estimated the cost of improving the natural watercourse, known as Bailey Creek, with a concrete lined trapezodial channel and construction of a box culvert at Pine Avenue, at $150,000. Storm drainage fees for this tract are estimated at $35,000. The Mayor and Council discussed the request for a waiver, and the amount of costs for the storm drainage system. It was pointed out that there was no down stream impact of the proposed project, as the water flowed di- rectly into the County Flood Control Channel. City Attorney Prince answered questions, stating that there was no burden on properties below the project. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions and referred to a memorandum from Assistant City Engineer Klatt presented at the meeting of the Mayor and Common Council held on November 3, 1986, in which advantages and disadvantages of this project were set forth. Mr. Hardgrave stated he was recommending approval of the request for a waiver of fees. Council Member Quiel made a motion, seconded by Coun- cil Member Strickler, that the City enter into a partici- patory agreement regarding a refund to the developer an amount not to exceed the amount of the storm drain fees ($35,131313) paid for the installation of the concrete cul- vert and storm drain system. The motion failed by the following vote: Council Members Reilly, Quiel, Strickler. Noes: Member Estrada, Hernandez. Absent: Council Marks, Frazier. Ayes: Council Members COMMUNITY DEVELOPMENT BLOCK GRANT SUPPLEMENTAL FUNDING REVIEW FISCAL YEAR 1986/87 In a memorandum dated November 24, 1986, Kenneth J. Henderson, Director, Community Development Department, 20 12/8/86 gave the background of previous Council action regarding today's request for approval of "Statement of Objectives and Projected Use of Funds": He also reviewed the Commun~ ity Development Citizens Advisory Committee's action con- cerning this matter: Included with the memorandum were two lists: (1) Capital Improvement Project recommended for funding; (2) Capital Improvement Projects not recom'::' mended for Funding: (46) Ken Henderson; Director, Community Development De- partment; explained that the requests for funding are made primarily by the Public Service, Public works; and Parks, Recreation and Community Service Department. Mayor wilcox asked about the item regarding funding for Waterman Avenue median landscaping; Santa Ana River to Central Avenue, which was not recommended for funding. She stated that there had been many complaints about the present condition of that area and hoped it could be improved; as that area presents a major entrance into the ci ty: Ken Henderson responded; stating dations from the Advisory Committee changed by Council action: that these recommen- can be modified or Ken Henderson answered questions regarding Rio vista Park Development Phase IIB, which was recommended for funding in the amount of $88;000: He stated that $88;360 was allocated in the 1984 budget; and that the original proposal submitted by the Parks; Recreation & Community Services Department was $176;000: Roger Hardgrave; Director of publ ic Works/Ci ty Engineer; answered questions: Council Member Hernandez made a motion; seconded by Council Member Estrada and unanimously carried; that the amended FY 1986/87 CDBG "Statement of Objectives and Pro- jected Use of Funds" be approved, with the exception of the Rio vista item, and staff was authorized to submit same to the U: S. Department of Housing and Urban Develop- ment. (See page 27 for action adopting the Rio vista item) . RECESS MEETING At 4: 50 p.m., the Adjourned Regular Meeting of the Mayor and Common Council recessed to the San Bernardino County Board of Supervisors Chambers, 385 N. Arrowhead Avenue, San Bernadino; California for discussion on the Joint Use of Norton Air Force Base. JOINT MEETING - BOARD OF SUPERVISORS - DISCUSSION - JOINT USE OF NORTON AIR FORCE BASE At 4:15 p.m., the Mayor and Common Council met with the Board of Supervisors in the Board of Supervisors Cham'::' bers, 385 N. Arrowhead Ave., San Bernardino, California. (57 ) ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Quiel, Frazier; City Attorney Prince; City Clerk Clark; City Administrator Schweitzer. Absent: Council Members Marks, Frazier. Also present: San Bernardino County Supervisors Joyner, Mikels, Riordan, Walker, Hammock; General Allen, Brigadier General Ericson: 21 12/8/86 General Jim Allen, Chairman of the International Planning & Analysis Center (IPAC) and Brigadier General Lief Ericson presented the results of a Feasibility Study of the Joint Use of Norton Air Force Base: There was a slide presentation showing the proposed location of the runway: It was also explained what type of aircraft that would use Norton Air Force Base: General Allen and Brigadier General Ericson answered questions of the Council and stated that there was a high probability of approval: Council Member Strickler made a motion,_seconded by Council Member Estrada and unanimously carried, to author- ize negotiations with International Planning and Analysis Center for a small City~County shared~cost contract for the purpose of seeking from the Federal Aviation Adminis- tration a grant for the funding of follow~on Master Plan and Environmental Assessment: The Mayor and Council agreed with the County Board of Supervisors on the establishment of an Interim Airport Sponsorship Committee as required by FAA for the purpose of FAA grant presentation: At such time grant approval is received from the FAA, the Committee's charge would be to proceed with Request for Proposals for Master Planning and Environmental Assessment and negotiate with the Air Force for joint use. Membership of the Interim Airport Sponsorship Commit~ tee will include the City; County, affected municipalities and other governmental agencies, specifically: Supervi~ sors Hammock and Riordan; Mayor Wilcox and a Council Mem~ ber; one representative from the Cities of Redlands; Rialto; Colton; Loma Linda and Grand Terrace; representa~ tion from the Inland Action (Military Affairs Committee) and a member from the Community. In addition to the above membership, honorary member- ship from local, State and Federal legislators; the San Bernardino Chamber of Commerce, the Economic Development Council; Norton Air Force Base; Federal Aviation Adminis- tration; San Bernardino Associated Governments (SANBAG) and a community leader. ADJOURN JOINT MEETING WITH BOARD OF SUPERVISORS At 5:20 p.m:; Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously car- ried; to adjourn the Joint Meeting with the Board of Supervisors to the Adjourned Regular Meeting in Council Chambers of City Hall, 300 North "0" Street, San Bernar- dino, California. RECONVENE MEETING At 5:30 p.m., the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall. 300 North "0" 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, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Marks: 22 12/8/86 SANDALWOOD PARK APARTMENT PROJECT - REQUEST FOR DISCUSSION - COUNCIL MEMBER STRICKLER Council Member Strickler made a motion; seconded by Council Member Quiel; to reconsider Council action taken at the meeting of November 17; 1986 concerning a TEFRA public hearing regarding the issuance of approximately $8,600,000 principal amount of Multifamily Mortgage Reve- nue Bonds for the Sandalwood Park Apartment Project; a 2l6-unit multifamily rental housing development located near the northwest corner of Baseline Street and Victoria Avenue. (44) The motion carried by Council Members Estrada; Strickler: Noes: Council Council Member Marks: the following vote: Ayes: Reilly, Quiel; Frazier, Member Hernandez: Absent: The City had previously decided not to authorize issuance of approximately $8;600;000 principal amount of multifamily mortgage revenue bonds for Sandalwood Park Apartments Project; and to request the refunding of monies concerning the Sandalwood Park Apartments Project: A motion was also made and carried that the Ways and Means Committee be directed to look into the possible refunding of the $10,000 deposit of Joe Levesque, devel- oper of the Sandalwood Park Apartments Project: Ken Henderson; Director, Community Development De- partment; answered questions regarding the actions of the Council at a previous meeting and stated that bond monies would automatically revert back to the State of California and would not be reallocated to the City of San Bernar~ dino. Mr. Peter Barmack; Attorney, was present to represent Mr: Levesque; J & J Properties; developer of the Sandal~ wood Park Apartments Project: Gerard Berens from Mercury Savings answered ques~ tions. He stated that 43 units are set aside for low income persons. The Council reviewed pictures of the project which show it is nearly completed. Ken Henderson, Director, Community Development De~ partment, answered questions regarding Section Eight Hous- ing. City Clerk Clark read the titles of the fOllowing three resolutions: Council Member Reilly made a motion, seconded by Council Member Frazier and unanimously carried, that fur- ther reading of the fOllowing resolutions be waived. RES. 86-511 BERNARDINO 86-479. - RESOLUTION RESCINDING OF THE CITY OF RESOLUTION (44 - New SAN NO. Business) Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 86-511 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: Council Member Marks. 23 12/8/86 RES: 86-512 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, RATIFYING THE PUBLICATION OF NOTICE OF PUBLIC HEARING AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $8;600,000 PRIN- CIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVE- NUE BONDS (MERCURY SAVINGS AND LOAN/SAN- DALWOOD PARK APARTMENTS PROJECT). (44 ~ New Business) Council Member Quiel made a motion; seconded by Council Member Strickler; that said resolution be adopted. Resolution No: 86~5l2 was adopted by the following vote: Ayes: Council Members Estrada; Reilly, Quiel, Frazier, Strickler: Noes: Council Member Hernandez: Absent: Council Member Marks: RES: 86~513 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, APPROVING CERTAIN DOCU- MENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE AUTHORIZATION, SALE AND ISSUANCE OF APPROXIMATELY $8;600,000 PRIN- CIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVE- NUE BONDS (MERCURY SAVINGS AND LOAN ASSOCI- ATION/SANDALWOOD PARK APARTMENTS PROJECT): (44 - New Business) Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No: 86~5l3 was adopted by the following vote: Ayes: Council Members Estrada; Reilly, Quiel; Frazier; Strickler: Noes: Council Member Hernandez: Absent: Council Member Marks: TREE REMOVAL ~ 947 W: MARSHALL BLVD. - DAVID BUCKLEY - 947 W: MARSHALL ~REQUEST TO BE HEARD In a letter dated November 21, 1986; David Buckley requested that he be heard before the Mayor and Common Council to protest the removal of a tree at 947 W. Mar- shall Blvd. (48) Mr. David Buckley was present and requested that this tree be allowed to remain to serve as a memorial to his struggle against corruption in San Bernardino. Manuel Moreno, Jr., Superintendent, Public Services, answered questions and distributed photographs showing that the roots of the tree are on the surface and have cracked the sidewalk on Marshall Blvd. Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that City crews be directed to remove the tree as soon as pos- sible to prevent further liability to the City. PARCEL MAP 9939 - ALTERNATIVE PLAN 3 - HUFF STREET AND ARROWHEAD AVENUE - JOHN DAY - ARROWHEAD- HUFF COMPANY - REPORT FROM LEGISLATIVE REVIEW COMMITTEE - CONTINUED FROM NOVEMBER 17, 1986 This is the time and place continued to for consider- ation of a report from the Legislative Review Committee regarding Alternative Plan 3 relative to a Waiver of Con- ditions for Parcel Map 9939, located on the southeast corner of Huff Street and Arrowhead Avenue, by John Day of the Arrowhead-Huff Company. (39) 24 12/8/86 Roger Hardgrave; Director of Public Works/City Engi~ neer; was present and explained his memorandum dated De- cember 3; 1986; which stated that at the last meeting of the Legislative Review Committee; a receipt of payment in the amount of $35;000 was offered as satisfaction of the undergrounding requirement: Attached to this memorandum was a letter dated December 1; 1986; from John Day in which he declined to accept this offer and made a counter offer of $15,000: Mr. John Day of the Arrowhead-Huff Company stated that he was willing to pay the $15,000 as his share for undergrounding the utilities: The Mayor and Council discussed the amount and Mr. Day agreed to pay up to $20;000. Council Member Quiel made a motion; seconded by Council Member Hernandez and unanimously carried, that payment of $20;000 be accepted as full satisfaction of the requirement of Parcel Map 9939 for underground utilities as it relates to occupied property being separated on Huff Street and Arrowhead Avenue: WAYS AND MEANS COMMITTEE REPORT - NOVEMBER 24, 1986 Council Member Frazier; Acting Chairman; Ways and Means Committee; presented the report of the Ways and Means Committee meeting held on November 24, 1986: The following items were discussed: (43) 1: Funding for Project Early Outreach -The Committee requested the Acting City Admin- istrator present a report to the full Council on December 8, identifying the sources of funding available; the alterna~ tives and contingencies where dollars are presently going and coordinate; if neces~ sary, a legal agreement from the City at- torney's Office. Additionally, the Commit- tee asked for identification of funding on a temporary basis (November and December) to keep the program alive. In previous Council action, a grant of $44,692 from Community Development Block grant Funds was allocated to Project Early Outreach. Subsequently; a request was re- ceived for an additional $73,278. It was reported that this program had been highly successful, but denial of the request for additional funds was recommended because no 1986/87 CDBG funds were available: The matter .was then referred to the Ways and Means Commi ttee for consideration. Dr. Mildred Henry, Director of Project Early Out- reach, answered questions regarding her request for fund- ing and spoke regarding cutbacks if full funding is not received. A memorandum dated December 1; 1986, from Ken Hender- son, Director, Community Development Department; was pre- sented in which he gave the background of funding for Project Early Outreach. Ken Henderson, Director, Community Development De- partment, answered questions. After discussion, Council Member Frazier made a mo- tion, seconded by Council Member Quiel and unanimously carried, that the agreement on the Stay in School Program 25 12/8/86 is to be reduced by $35,000; $10,000 in year three and $25;000 in year four: The $35,000 is to be reallocated to Project Early Outreach and the School District is to be asked to have a replacement of those funds: It was also agreed that the City will go to San Bernardino County and ask that the County participate in funding for Project Early Outreach: 2. Status of ~olis:.Y The approval and asked Comprehensive Housing Committee recommended staff to proceed: 3: Tri-City_Fi~Sta~i.on':' The Committee recommended the project proceed with archi- tectural drawings. At that time, before bidding, there will be a more realistic evaluation of what the cost will be: Staff is optimistic that the cost overrun will not be as high as indicated in council Action Request. 4: Revised Fees for Sturges Auditorium The Committee after extensive discussion, requested staff to provide a complete cost analysis, scheduling table; policies and procedures for use of the auditorium and recommendations/alternatives so the Commit- tee will have a better base from which to make a decision: The many variations of groups, scheduling of rehearsals, great demand; Fine Arts fee subsidy and general needs are not yet clear. Report will come back to Committee the first meeting in January. 5. Sandalwood project - This item was referred to Committee to consider refund of the $10;000 IDB fee the developer had paid: Staff indicated the amount was not refund':' able based on a past Council directive: Council Member Frazier felt that because of the uniqueness of this particular project the $10,000 should be refunded: Council Member Estrada disagreed since she did not know what the costs to the City have been. Staff was to determine what actual costs have been, research policy and present to Council on December 8: COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried; that the report of the Ways and Means Committee meeting held Novem- ber 24, 1986, be received and filed. MAINTENANCE CONTRACT FOR CENTRAL CITY MALL - GIBSON BROS. - REPORT FROM SUPERINTENDENT OF PUBLIC BUILDINGS - CONTINUED FROM NOVEMBER 17, 1986 This is the time and place continued to for consideration of a report from the Superintendent of Public Buildings regarding a meeting held between City staff, Gibson Bros., and representatives of the Central City Mall concerning a proposed maintenance contract: (47) Three letters regarding the proposed maintenance agreement for the Central City Mall were received and discussed: a letter dated December 4; 1986; from Adam B. 26 12/8/86 Heller, Vice President, Gibson Bros. Janitorial Service; Inc.; a letter dated December 5, 1986; from Sam Catalano, General Manager; Central City Mall Company; and a memor- andum dated December 5, 1986, from Roger Hardgrave; Direc- tor of Public Work/City Engineer: Roger Hardgrave; Director of Public Works/City Engi~ neer; answered questions regarding negotiations with Gib~ son Bros:; and the original specifications for the bids. Adam Heller; Vice President; Gibson Bros: Janitorial Services; Inc:; stated there were only two bids; and his was $60;000 lower than the other bidder: Mr. Heller spoke regarding the changes in the specifications and explained why his price had gone up since the original bid. Mr: Heller also requested that bid bonds be required; but that the performance bonds be eliminated: Council Member Estrada made a motion, seconded by Council Member Strickler and unanimously carried; that staff be directed to re~open the bid process for janitor- ial maintenance at Central City Mall, with a new and com- plete set of bid specifications. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table: RECONSIDER ITEM 43 - ITEM 1 ~ PROJECT EARLY OUTREACH - WAYS AND MEANS COMMITTEE Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried; that Item 1 from the Ways and Means Committee report of November 24; 1986; be reconsidered: (43) Council Member Frazier made a motion; seconded by Council Member Estrada to authorize the Mayor to execute an agreement in a form approved by the City Attorney for Project Early Outreach. The Council discussed the motion, but no vote was taken: COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting: COMMUNITY DEVELOPMENT BLOCK GRANT SUPPLEMENTAL FUNDING REVIEW - FISCAL YEAR 1986-87 - CONSIDERED EARLIER IN THE MEETING In a memorandum dated November 24, 1986, Ken Hender- son, Director, Community Development Department; presented the amended FY 1986/87 CDBG "Statement of Objectives and Projected Use of Funds" and requested authorization for staff to submit same to the U. S. Department of Housing and Urban Development: Earlier in the meeting, the Council approved the recommendations as presented, with the exception of the Rio Vista Park Development Phase IIB. (See page 21) (46) Ken Henderson, Director, Community Development De- partment, answered questions. Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, to approve the amended FY 1986/87 CDBG "Statement of Objectives and Projected Use of Funds", including the Rio Vista Park Development Phase II, and authorize staff to submit same to the U. S: Department of Housing and Urban Development: 27 12/8/86 PERSONNEL ACTIONS - CONSERVATION CREW SUPERVISOR In the Personnel Actions submitted by the Director of Personnel there was a request for approval of the appoint- ment of Ronald J: Simpson to the position of Conservation Crew Supervisor, Effective November 20, 1986; under the Mayor's Office: Earlier in the meeting, discussion was held concerning this appointment; but confirmation was not made. (See page 4) (10) City Attorney Prince reviewed the agreement for Con- servation Crew Supervisor. City Administrator Schweitzer answered questions regarding the Mayor's role in supervising the position and stated that the job of supervising on a daily basis was done by John Kramer, Recreation Supervisor, Parks, Recreation & Community Services Department: Annie Ramos, Director, Parks, Recreation & Community Services Department; stated that by leaving the Conserva- tion Crew Supervisor's position in the Mayor's Office; the City has more flexibility to assign the crews wherever needed; rather than limiting them to the use of a single department. Council Member Quiel made a motion; seconded by Council Member Strickler and unanimously carried, that the appointment of Ronald J: Simpson to the position of con~ servation crew Supervisor, effective November 20; 1986; Mayor's Office; be approved: READING AND WAIVING OF FOLLOWING TWO RESOLUTIONS City Clerk Clark read the titles of the following two resolutions: Council Member Quiel made a motion; seconded by Council Member Strickler and unanimously carried, that further reading of the follotving two resolutions be waived. RES. 86-486 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING CONTRACT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNAR- DINO ECONOMIC DEVELOPMENT COUNCIL FOR AS- SUMPTION BY CITY'S COMMUNITY DEVELOPMENT DEPARTMENT OF ALL ECONOMIC DEVELOPMENT LOANS OUTSTANDING WITH THE SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL AND BALANCE OF REVOLVING LOAN FUND. (S-2) Ken Henderson, Director, Community Development Department, answered questions. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. Resolution No. 86-486 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Hernandez, Marks. RES. 86-487 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A SMALL BUSINESS REVOLVING FUND, APPROVING GUIDELINES, AND DIRECTING THE COMMUNITY DEVELOPMENT DEPART- MENT TO ADMINISTER SMALL BUSINESS REVOLVING LOAN FUND. (S-3) 28 12/8/86 Ken Henderson, Director, Community Development Department; answered questions: Council Member Quiel made a motion; seconded by Council Member Estrada and unanimously carried; that the funds be frozen and that the Economic Development Council be instructed to come back with a budget for the use of the funds: Ken Henderson, Director, Community Development Department, answered questions regarding the guidelines: Council Member Strickler made a motion, seconded by Council Member Reilly; that said resolution be adopted. Resolution No: 86-487 was adopted_ by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Strickler: Noes: Council Member Frazier: Absent: Council Members Hernandez, Marks. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the resolutions on the Council Agenda: Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried; that fur- ther reading of all the resolutions on the Council Agenda be waived. RES. 86-488 - RESOLUTION OF THE CITY OF SAN BERNARDINO REQUESTING THE INTERSTATE COM- MERCE COMMISSION TO REOPEN THE RECORD IN THE MERGER CASE OF SANTA FE RAILWAY AND SOUTHERN PACIFIC TRANSPORTATION COMPANY; AND URGING ITS SUPPORT TO APPROVE THIS MERGER. (Continued from November 17, 1986) (11) Council Member Strickler made a motion, seconded by Council Member Frazier that said resolution be adopted: Resolution No. 86-488 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Frazier, Strickler. Noes: None. Absent: Council Members Hernandez, Marks, Quiel. RES. 86-489- RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION. . . CREAT- ING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; ESTABLISHING ONE ADDITIONAL POSITION OF DEPUTY CITY ADMINISTRATOR. (12) (See Item No: 42; page 37) Council Member Strickler made a motion, seconded by Council Member Frazier that said resolution be adopted. Resolution No. 86-489 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Frazier, Strickler. Noes: None. Absent: Council Members Hernandez, Marks, Quiel: Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that the Personnel Director be authorized to recruit for the posi- tion of Deputy City Administrator. 29 12/8/86 RES. 86-490 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH JOHN R. TRAUTH FOR CONSULTING SERVICES (HOUSING). (13) Council Member Strickler made a motion; seconded by Council Member Frazier that said resolution be adopted. Resolution NO: 86':'490 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Frazier, Strickler: Noes: None: Absent: Council Members Hernandez; Marks; Quiel: COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table: RES: 86':'491 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION AND RATIFICATION OF A FOURTH AMENDMENT TO AGREEMENT WITH FLEMING & ASSOCIATES RELAT- ING TO A TWO YEAR EXTENSION OF AN AGREEMENT FOR THE ADMINISTRATION OF CITY'S LEGALLY UNINSURED PROGRAM FOR ITS EMPLOYEES. (14) Council Member Reilly made a motion, seconded by Council Member Estrada, that said resolution be adopted: Resolution No: 86-491 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier; Strickler: Noes: None: Absent: Council Mem':' bers Hernandez; Marks: RES. 86-492 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENTS WITH INLAND EMPIRE SYMPHONY ASSOCIATION, SAN BERNARDINO VALLEY COMMUNI- TY CONCERT ASSOCIATION; COMMUNITY ARTS PROJECTIONS, THE FOUNDATION FOR CALIFORNIA STATE UNIVERSITY AND BALLET FOLKLORICO CULTURAL, RELATING TO ARTS FUNDING. (17) Council Member Reilly made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 86-492 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: None: Absent: Council Members Hernandez, Marks. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the grant allocations recommended by the Fine Arts Commission be approved, as follows: Inland Empire Symphony San Bernardino Valley Concert Assoc. Community Arts production Norm Baffrey/Roosevelt Bowl Dr. Ronald Barnes, Cal State Ballet Folklorico Cultural $ 28,000 4,500 17,500 6,000 6,400 3,500 RES. 86-493 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FEE TO COVER THE COSTS OF PERMITS FOR OUTDOOR SALES. (15) Council Member Quiel made a motion, seconded by Council Member Estrada, that said resolution be adopted. 30 12/8/86 Resolution No. 86-493 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier. Noes: Council Member Strickler. Absent: Council Members Hernandez, Marks. RES. 86-494 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING WITHIN THE EXISTING CITY SPECIAL DEPOSITS FUND AN ACCOUNT EN- TITLED "UTILITY UNDERGROUNDING TRUST". (16) (See Item 41 - page 36) Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 86-494 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: None. Absent: Council Mem- bers Hernandez, Marks. RES. 86-495 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION. . . ESTAB- LISHING A BASIC COMPENSATION PLAN. ."; CHANGING THE TITLE AND SALARY RANGE OF SUPERINTENDENT OF BUILDING AND SAFETY R4147 ($2998-3654/MO.) TO DIRECTOR OF BUILDING AND SAFETY R4156 ($3352-4082/MO.). (18) Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-495 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Hernandez, Marks. RES. 86-496 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION . . . CREAT- ING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARD I NO"; CHANG I NG THE TITLE OF THE POSITION OF SUPERINTENDENT OF BUILDING AND SAFETY TO DIRECTOR OF BUILDING AND SAFETY; INCREASE THE NUMBER OF GENERAL BUILDING INSPECTORS FROM SIX TO EIGHT AND INCREASE THE NUMBER OF CODE COMPLIANCE OFFICERS FROM ONE TO TWO IN THE BUILDING AND SAFETY DE- PARTMENT. (19) Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-496 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Hernandez, Marks. RES. 86-497 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO J & R LAND- SCAPE FOR THE FURNISHING AND DELIVERY OF LANDSCAPE MAINTENANCE TO BE UTILIZED BY THE PARKS, RECREATION AND COMMUNITY SERVICE DEPARTMENT IN ACCORDANCE WITH BID SPECIFI- CATION F-87-10. (20) Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. 31 12/8/86 Resolution No. 86-497 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Hernandez, Marks. RES. 86-498 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SECOND AMENDMENT TO AGREE- MENT WITH THE SUN COMPANY OF SAN BERNAR- DINO, CALIFORNIA, RELATING TO A ONE YEAR EXTENSION OF THE TERM FOR A NEWSPAPER RE- CYCLING PROJECT, EFFECTIVE JULY 1, 1986. (21) Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-498 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Hernandez, Marks. RES. 86-499 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH KURT MEYER PARTNERS RELATING TO PROVIDING ARCHITECTURAL SERVICES FOR CONSTRUCTION OF A SENIOR CITIZEN CENTER IN PERRIS HILL PARK. (22) Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-499 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Hernandez, Marks. RES. 86-500 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 976 BY EXPANDING THE BOUN- DARIES THEREOF TO INCLUDE ADDITIONAL TER- RITORY IN THE DISTRICT; DECLARING ITS IN- TENTION TO PROCEED TO ORDER THE AMENDMENT AND EXPANSION OF THE DISTRICT;AND WAIVING NOTICE AND HEARING. (Pine and Belmont Landscape Maintenance District) (23) Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 86-500 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: None. Absent: Council Mem- bers Hernandez, Marks. RES. 86-501 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT; DECLARING ITS INTEN- TION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS "ASSESSMENT DIS- TRICT NO. 975" AND WAIVING NOTICE AND HEAR- ING. (Pepper and Mill Landscape Mainten- ance District) (24) Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. 32 12/8/86 Resolution No: 86-501 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier; Strickler: Noes: None. Absent: Council Mem':' bers Hernandez; Marks: RES: 86':'502 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 962 BY EXPANDING THE BOUN':' DARIES THEREOF TO INCLUDE ADDITIONAL TER- RITORY IN THE DISTRICT; DECLARING ITS IN- TENTION TO PROCEED TO ORDER THE AMENDMENT AND EXPANSION OF THE DISTRICT; AND WAIVING NOTICE AND HEARING: (Pine Avenue Sewer Lift Station Maintenance District) (25) Council Member Quiel made a motion, seconded by Council Member Strickler; that said resolution be adopted: Resolution No: 86-502 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier; Strickler: Noes: None: Absent: Council Members Hernandez; Marks: RES. 86-503 .:. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO: 42 OF LOCAL AGENCY FEDERAL-AID SAFETY IMPROVEMENT PROJECTS1 BETWEEN SAID CITY AND THE STATE OF CALI- FORNIA, ACTING BY AND THROUGH ITS DEPART- MENT OF TRANSPORTATION (Grade Crossing No: 2U':'4.2, AT& SF Railway; Tippecanoe Avenue) (26) Council Member Quiel made a motion; seconded by Council Member Strickler; that said resolution be adopted: Resolution No: 86':'503 was adopted by the following vote: Ayes: Council Members Estrada, Reilly; Quiel, Frazier, Strickler. Noes: None: Absent: Council Members Hernandez, Marks. READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of all the ordinances on the Council Agenda. Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried; that further reading of all the ordinances on the Agenda be waived. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST REQUIRING A REVIEW OF PLANS FOR TWO-STORY SINGLE-FAMILY DWELLINGS WITHIN THE FOOTHILL AREA. (27) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the ordinance be amended by interdelineation as follows: Page 2, Line 15, Paragraph A to read as follows: "Projects submitted to Building and Safet~ prior to the effective date of this ordinance are exempt."; and that the ordi- nance be given a first reading as amended. 33 12/8/86 ORD. MC-566 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING TITLE 19 OF THE SAN BERNARD I NO MUN I C I PAL CODE CREA T I NG THE R~1~40 ACRE AND THE PF PUBLIC FACILITIES ZONES AND ESTABLISHING REGULATIONS FOR THEIR USE. (28) Council Member Quiel made a motion, seconded by Council Member Strickler, that said ordinance be adopted: Ordinance MC-566 was adopted by the following vote: Ayes: Council Members Estrada; Reilly, Quiel; Frazier; Strickler. Noes: None: Absent: Council Members Hernandez; Marks: ORD. MC-567 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO REZONING CERTAIN PARCELS OF LAND, AMENDING THE LAND USE ZONING MAP; WHICH IS INCORPORATED BY REFERENCE IN SEC- TION 19:06:020 OF THE SAN BERNARDINO MUNI- CIPAL CODE; ACCORDING TO EXHIBITS "A" AND "B" (Petition No. 86-15; Verdemont Area Plan). (29) Counci 1 Member Quiel made a motion; seconded by Council Member Strickler; that said ordinance be adopted: Ordinance MC~567 was adopted by the following vote: Ayes: Council Members Estrada; Reilly; Quiel; Frazier; Strickler: Noes: None: Absent: Council Members Hernandez; Marks: ORD. Me-568 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO CHANGING THE DEADLINE FOR THE OBTAINING OF SIGNATURES TO NOMINATION PA- PERS OF ANY CANDIDATE FOR THE MUNICIPAL PRIMARY ELECTION OF MARCH 3; 1987, FROM TWELVE NOON ON THE SIXTY-EIGHTH DAY TO TWELVE NOON ON THE SIXTY-NINTH DAY BEFORE THE MUNICIPAL PRIMARY ELECTION AND DECLAR- ING THE URGENCY THEREOF. (30) Council Member Quiel made a motion, seconded by Council Member Strickler, that said ordinance be adopted. Ordinance MC-568 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Hernandez, Marks. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SECTION 18.40.160 SUBSECTION C PARAGRAPH 1 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE PROVISIONS OF EXEMPTION REQUIREMENTS FROM THE TWO STANDARD ACCESS ROUTE REQUIREMENT FOR SUBDIVISIONS OUTSIDE THE HIGH FIRE HAZARD AREA; AND REPEALING SECTION 18.40.160 SUBSECTION C PARAGRAPH 2. (Continued from November 17, 1986) (3l) Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, that said ordinance be laid over for final passage: 34 12/8/86 ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SECTION 9:90:010 OF THE SAN BER~ NARDINO MUNICIPAL CODE TO AUTHORIZE THE DIRECTOR OF WATER RECLAMATION, ENVIRONMEN- TAL CONTROL OFFICER AND ENVIRONMENTAL CON~ TROL TECHNICIANS TO ISSUE NOTICES TO APPEAR FOR VIOLATIONS OF CHAPTER 13:32 OF THE SAN BERNARDINO MUNICIPAL CODE: (Continued from November 17, 1986) (32) Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried; that said ordinance be amended on page 2; line 10 by changing the word "defense" to "offense" at the request of City Attor~ ney Prince; and that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING CHAPTER 13:32 OF THE SAN BERNAR- DINO MUNICIPAL CODE TO BRING THE CITY IN COMPLIANCE WITH FEDERAL REQUIREMENTS. (33) (Continued from November 17; 1986) Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried; that said ordinance be laid over for final passage: ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING CHAPTER 5:12 OF THE SAN BERNARDINO MUNICIPAL CODE TO ELIMINATE THE REQUIREMENT THAT THE CHIEF OF POLICE APPROVE THE EM- PLOYMENT OF SPECIAL OFFICERS: (34) (Continued from November 17; 1986) Council Member Frazier made a motion; seconded by Council Member Estrada and unanimously carried; that said ordinance be laid over for final passage: PUBLIC HEARING - AMENDMENT OF TITLE 6 - SAN BERNARDINO MUNICIPAL CODE ~ ANIMALS - CONTINUED FROM NOVEMBER 17; 1986 This is the time and place continued to for consider~ ation of amending Title 6 of the San Bernardino Municipal Code relating to animals. (38) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. (Con- tinued from November 17, 1986) (First) (38) Council Member Quiel made a motion, seconded by Council Member Quiel and unanimously carried, that said ordinance be continued to January 5, 1987. UNDERGROUND UTILITIES POLICY - RECOMMENDATION FROM LEGISLATIVE REVIEW COMMITTEE - CONTINUED FROM NOVEMBER 17, 1986 This is the time and place continued to for consider- ation of a recommendation from the Legislative Review Committee relative to the City's policy on underground utilities. (40) Council Member Strickler made a motion; seconded by Council Member Quiel and unanimously carried; that the recommendation regarding the City's policy on underground utilities be referred to the Legislative Review Committee. 35 12/8/86 LEGISLATIVE REVIEW COMMITTEE MEETING REPORT - NOVEMBER 20; 1986 Council Member Strickler; Chairman of the Legislative Review Committee; presented the report of the Legislative Review Committee meeting held on November 20; 1986. The following items were discussed: (41) 1. C i ~Y-!!.~ 11 S I?~ c e ~--li.!!~!! c e --.f~!! - Th e Committee recommended Public Services re- main in their area and RDA move to the 4th floor. Public Services will finance and coordinate the upgrading to match overall plan: The Committee further recommended a separate fund be established from rents received for future floor maintenance. The Mayor and the Redevelopment Department. Council discussed the space needs of Agency and the Public Services City Administrator Schweitzer answered questions: Council Member Quiel made a motion; seconded by Council Member Strickler that the Redevelopment Agency location be limited to the space being vacated by the Engineering Division on the Fourth Floor. The motion carried by the following vote: Council Member Reilly; Quiel, Frazier, Strickler: Council Member Estrada: Absent: Council Hernandez, Marks: Ayes: Noes: Members 2: Auto Sales Ordinance in C-2 Neighbor- hood-~-rhe-Committee recommended approval or-the Ordinance as changed: ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING TITLE 19 OF THE SAN BERNARDINO MUNICIPAL CODE TO PERMIT AUTOMOBILE SALES AGENCIES IN THE C-2 COMMUNITY COMMERCIAL DISTRICT AND OTHER DISTRICTS WHICH PERMIT C-2 USES SUBJECT TO CERTAIN PROVISIONS. (41-2) City Clerk Clark read the title of the ordinance. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the ordinance be waived and said ordinance be laid over for final passage. 3. Animal Control Ordinance continued-to December 11 th:---Animal and City Attorney did not have the requested. I tern Control changes 4 & 5 - Pu~ll~~!.~~LBUildi!!~2~fety Construction Fees - Item continued. 6. Waiver of Conditions for Parcel Map 22.l2.-=-~oh~~ - The Committee, after discussion with SCE and the City Engineer, recommended that Mr. Day be contacted and requested to pay an assessment of $35,000 for undergrounding of utilities. Further, the Committee recommended the establishment of a separate trust fund. Funds would only be drawn down in the proportionate share that the project deposited. 36 12/8/86 council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the report of the Legislative Review Committee meeting held November 20; 1986; be received and filed: COUNCIL PERSONNEL COMMITTEE MEETING - NOVEMBER 18; 1986 Council Member Reilly, Chairman of the Council Per- sonnel Committee, presented the report of the meeting of the Counci 1 Personnel Commi ttee held on November 18; 1986: The following item was discussed: (42) 1. Recruitment of Deputy City Administrator position The Committee reviewed and directed changes to the job description of Deputy City Administrator - Development. The Acting City Administrator was directed to compile the recruitment package; distri- bute to the Mayor and Council for their general perusal and bring back to Council: Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, that the report of the Council Personnel Committee meeting held November 18; 1986, be received and filed: BELCO DEVELOPMENT COMPANY LOAN AGREEMENT - STATUS REPORT - CONTINUED FROM NOVEMBER 17, 1986 In a memorandum dated November 24, 1986, Ken Hender- son, Director; Community Development Department, gave the background of the Belco Development Company Loan Agree~ ment; and stated that the loan default had been cured when the City received a check in the amount of $8,755.14 on November 20, 1986, from Belco. Mr. Henderson explained that Belco had formally requested a restructuring of its loan agreement with the City. (45) Mr. Henderson answered questions regarding the status of the loan. Council Member Estrada made a motion, seconded by Council Member Reilly, that Ken Henderson, Director of Community Development Department, report back to the Mayor and Common Council on January 5, 1987, concerning items 1 - 4 as listed on his memorandum dated November 24, 1986. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Frazier, Strickler. Noes: Council Member Quiel. Absent: Council Members Hernandez, Marks. CERTIFICATION OF ELECTION RESULTS - NOVEMBER 4, 1986 In a letter dated November 17, 1986, Sharon Bering- son, Elections Coordinator, San Bernardino County Regis- trar of Voters' Office, provided the Statement of Votes Cast on November 4, 1986, together with a Certificate, as required by Section 17080 et seq. of the California Elec- tions Code. (49) Council Member Strickler made a motion, seconded by Council Member Reilly, that the results of the Special Municipal Election, consolidated with the General Election held November 4, 1986, as set forth in the Statement of Vote Cast, and certified by the Registrar of Voters, be declared official as follows: 37 12/8/86 Total Votes Cast - 3,841 a. Measure "0" Yes No Proposed Annexation #2365 1,072 2~02 b~ Measure lip" Proposed Annexation #2371 37 67 c. Measure l1Q" Proposed Annexation #2372 27 36 The motion carried by the following vote: Ayes: Council Members Estrada; Reilly, Frazier, Strickler: Noes: None. Absent: Council Members Hernandez, Marks: Ab':' stain: Council Member Quiel~ GENERAL REPORTS AND CORRESPONDENCE Council Member Strickler made a motion; seconded by Council Member Reilly; that the following items be filed: (52) a. City's Investment Portfolio as of September 30, 1986 - Craig A. Graves; City Treasurer. b: Board of Building Commissioner's Resolutions as follows: BBC 1128 BBC 1129 BBC 1130 BBC 1131 1070 W: Highland Avenue 1306 N: Lugo 758 W: 23rd Street 1132 .:. 1134 1/2 W: Belleview The motion carried by the following vote: Ayes: Council Members Estrada; Reilly; Frazier, Strickler~ Noes: None: Absent: Council Members Hernandez, Marks: Abstain: Council Member Quiel. CUSTODIAL SERVICES CONTRACT - PUBLIC BUILDINGS - AERIAL SERVICE CORP. - CHANGE ORDER NO. ONE In a memorandum dated December 4, 1986, Roger Hard- grave; Director of Public Works/City Engineer, explained the need of Change Order No. One to the contract with Aerial Service Corporation for custodial services for various public buildings, and recommended its approval. (S-4 ) City Administrator Schweitzer explained why the change order was necessary. Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, to approve Change Order No. One to the contract with Aerial Service Corporation, for providing custodial services for various public buildings throughout the City, in accordance with Plan No. 7021; to authorize the contractor to provide up to 1525 hours of attendant services, at a cost not to exceed $10,797, for an increase in the contract price from $124,700.00 to $135.497.00. RES. 86-504 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED IN PART "RESOLUTION. . ESTAB- LISHING PARKING TIME LIMITATIONS UPON CER- TAIN DESIGNATED STREETS OR ALLEYS, OR POR- TIONS THEREOF . . . "; ESTABLISHING 2-HOUR PARKING LIMITATIONS IN THE RESIDENTIAL NEIGHBORHOOD BETWEEN TWENTY-FIRST AND NINE- TEENTH STREETS, SOUTH OF ST. BERNARDINE HOSPITAL; AND REPEALING SECTION FOUR. (S-5) 38 12/8/86 City Clerk Clark read the title of the resolution. Council Member Quiel made a motion; seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived; and that said resolution be adopted: Resolution No. 86-504 was adopted~by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Hernandez; Marks: ORD. MC-569 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE NO: MC-5l4 ENTITLED IN PART "ORDINANCE. . . AMENDING SECTION 2:44:030 : - - TO AUTHORIZE THE SALE OF MONUMENTS OR GRAVE MARKERS BY THE CEMETERY COMMISSION"; INCLUDING FINDINGS THEREFOR, AND DECLARING THE URGENCY THEREOF. FINAL (S-6 ) City Clerk Clark read the title of the ordinance: Council Member Quiel made a motion; seconded by Council Member Strickler and unanimously carried; that further reading of the ordinance be waived and that said ordinance be adopted: Ordinance MC-569 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: None: Absent: Council Members Hernandez, Marks. ORD: MC~570 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO CONCERNING THE CONSOLIDATION OF THE PRIMARY MUNICIPAL ELECTION AND THE SPECIAL ELECTIONS OF SAID CITY AND DECLAR- ING THE URGENCY THEREOF. (S-7) City Clerk Clark read the title of the ordinance: Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the ordinance be waived, and that said ordinance be adopted. Ordinance MC-570 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Hernandez, Marks. CITY POLICY - CONFLICT OF INTEREST CASES - LEGAL REPRESENTATION In a memorandum dated December 4, 1986, City Attorney Prince discussed provisions of Government Code Section 91001.5 concerning Conflict of Interest Legal Representa- tion and sets forth a policy under which all requests for legal advice concerning possible conflicts of interest will be referred to the Mayor and Common Council (or the Community Development Commission, if appropriate) at a public meeting for direction to render such legal advice on behalf of the City of San Bernardino to the Community Development Commission to the Mayor and Common Council. He also stated that such legal advice would be given at a public meeting of the legislative body or would be addressed to the Mayor and Common Councilor Commission and become a public record. Mr: Prince also sets forth further clarification of the policy. (S-8) 39 12/8/86 Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried; that the policy regarding legal representation in conflict of interest cases be referred to the Legislative Review Commi ttee: RECESS MEETING At 8:25 p.m.; Council Member Strickler made a motion; seconded by Council Member Quiel and unanimously carried, that the Adjourned Regular Meeting be recessed until Tuesday; December 9; 1986; at 9+30 a.m., in the Redevelopment Agency Board Room; Third Floor; City Hall; 300 North "D" Street; San Bernardino, California: RECONVENE MEETING At 9:55 a.m., Tuesday, December 9, 1986, the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Redevelopment Agency Board Room; Third Floor; City Hall; 300 North "D" Street; San Bernardino; California. ROLL CALL Roll Call was taken by Deputy City Clerk South with the following being present: Mayor Wilcox; Council Members Reilly. Hernandez, Frazier, Quiel; City Attorney Prince, Deputy City Clerk South, City Administrator Schweitzer: Absent: Council Members Estrada; Marks, strickler: Also present: Redevelopment Counsel Briggs; Execu- tive Director of the Redevelopment Agency Glenda Saul; Administrative Assistant to the Mayor Richard Bennecke; Affirmative Action Office Juanita Scott; Executive Assis~ tant to the Council Phil Arvizo; Bankruptcy Counsel wil~ liam Simon and Dan Zahner of Simon and Simon; Assistant u. S: Attorney Carolyn Reynolds; Bankruptcy Counsel for the Economic Development Administration; and Jean Foster; Bill Doer; Marilyn Williams, John Woodward of the EDA: RECESS MEETING - CLOSED SESSION At 9:55 a.m:, Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously car- ried, that the meeting be recessed to a Closed Session pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party, concerning Hilder vs. Jacobs, et al, Case 226138 and Walsh et al vs. the City of San Bernardino, et al, Superior Court No. 199364 and Operation Second Chance, U. S. Bank- ruptcy Court for the Central District of California, Case No. 86-02889-DN. CLOSED SESSION The Closed Session was called to order at 9:55 a.m., by Mayor Wilcox in the Redevelopment Agency Board Room, Third Floor, City Hall, 300 North "D" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Reilly, Hernandez, Frazier, Quiel; City Attorney Prince, City Administrator Schweitzer. Absent: Council Members Estrada, Marks, Strickler; City Clerk Clark. Also present: Redevelopment Counsel Briggs, Execu- tive Director of the Redevelopment Agency Saul, Adminis- trative Assistant to the Mayor Bennecke, Affirmative Ac- tion Officer Scott, Executive Assistant to the Council Arvizo; Bankruptcy Counsel William Simon and Dan Zahner of Simon and Simon, Assistant U. S. Attorney Carolyn Rey- 40 12/8/86 12/9/86 nolds, Bankruptcy Counsel for_ the Economic Development Administration, and Jean Foster, Bill Doer; Marilyn wil- liams; John Woodward of the EDA. ADJOURN CLOSED SESSION At 12:20 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Adjourned Regular Meeting in the Redevelopment Agency Board Room, Third Floor, City Hall, 300 North "D" Street, San Bernardino; California: RECONVENE MEETING At 12:20 p:m:, the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Redevelopment Agency Board Room; Third Floor; City Hall; 300 North "D" Street; San Bernardino; California: ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Reilly, Hernandez; Quiel; Frazier; City Attorney Prince; City Administrator Schweitzer: Absent: Council Members Estrada; Marks; strickler; City Clerk Clark. ALCOHOLIC BEVERAGES - REQUEST FOR PERMISSION TO SERVE - CULTURAL CENTER Mayor wilcox presented a request by Jeffrey Moore for permission to serve alcohol ic beverages at a wedding reception to be held December 20, 1986; at the Cultural Center. Council Member Reilly made a motion; seconded by Council Member Hernandez and unanimously carried, that the request for permission to serve alcoholic beverages by Jeffrey Moore at a wedding reception to be held December 20; 1986, at the Cultural Center; 536 West 11th Street; San Bernardino, be approved. RECESS MEETING At 12: 30 p.m., the meeting recessed to 1: 30 p.m., in the Management Information Center (MIC); Sixth Floor, City Hall, 300 North "D" Street. San Bernardino, California. RECONVENE MEETING At 1:45 p.m., the Adjourned Regular Meetin~ recon- vened in the Management Information Center (Mic), sixth Floor, City Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Reilly; Hernandez, Quiel, Frazier; City Attorney Prince, City Administrator Schweitzer. Absent: Council Members Estrada, Marks, Strickler; City Clerk Clark. RECESS MEETING - CLOSED SESSION At 1:45 p.m., Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously car- ried, to recess to a Closed Session pursuant to Government Code Section 54956.9(a) to confer with its attorney re- garding pending litigation, Operation Second Chance, U. S. ~an~~Si Court for the Central District of California, Case No. 86-02889-DN. CLOSED SESSION The Closed Session was called wilcox at 1:45 p.m., in the Management (MIC) . to order by Mayor Information Center 41 12/9/86 ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Reilly, Hernandez, Quiel; Frazier; City Attorney Prince, City Administrator Schweitzer~ Absent: Council Members Estrada; Marks, Strickler; City Clerk Clark. Also present: Redevelopment Counsel Briggs, Adminis- trative Assistant to the Mayor Bennecke, Executive Direc- tor, Redevelopment Agency Saul, Executive Assistant to the Council Arvizo; Bankrupcty Counsel William Simon and Dan Zaher of_Simon and Simon, Assistant U. S. Attorney Carolyn Reynolds, Bankruptcy Counsel for the Economic Development Administration, and Jean Foster; Bill Doer; Marily wil~ liams; John Woodward of the EDA~ Also present representing the Five Cities Economic Development Authority were Barbara Wormser, John E. Holmes, Scott Smith; Thomas Sawyer and Marilyn Blakely~ COUNCIL MEMBER STRICKLER ARRIVED At 2:00 p.m., Council Member Strickler arrived at the Closed Session. ADJOURN CLOSED SESSION At 3:55 p~m~, the Closed Session adjourned to the Adjourned Regular Meeting in the MIC Room, sixth Floor; City Hall; 300 North "D" Street; San Bernardino; Cal ifornia~ RECONVENE MEETING At 3: 55 p.m., the Adjourned Regular Meeting recon- vened in the MIC Room; Sixth Floor; City Hall; 300 North "D" Street; San Bernardino, California: ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Reilly; Hernandez; Quiel, Frazier, Strickler; City Attorney Prince. City Administra- tor Schweitzer. Absent: Council Members Estrada, Marks; City Clerk Clark. RECONSIDERATION - ALCOHOLIC BEVERAGES - PERMISSION TO SERVE - CULTURAL CENTER The request presented earlier in the meeting by Mayor wilcox from Jeffrey Moore to serve alcoholic beverages at a wedding reception on December 20; 1986, at the Cultural Center was reconsidered. The Mayor and Council discussed the request. No formal action was taken. ADJOURNMENT At 3:57 p.m., Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting be adjourned. ~/b/'7@~~ ,/ ci ty Clerk 4l/,~ J c? ~ Deputy City Cler No. of hours No. of Items 15 92 42 12/9/86