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Home My WebLink About12-22-1986 Minutes City of San Bernardino, California December 22, 1986 This is the time and place heretofore set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Regular Meeting held at 9:00 a.m., on Monday, December 15, 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 15, 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 15, 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 9:05 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. INVOCATION The Invocation was given by Rev. Michael Nolan, St. Theresa Church. 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, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: None. COMMENDATION - SAN BERNARDINO UNIFIED SCHOOL DISTRICT - INTERNATIONAL BACCALAUREATE Richard Bennecke, Administrative Assistant to the Mayor, read a resolution of the Mayor and Common Council commending the San Bernardino Unified School District and Board of Education for bringing the International Bacca- laureate Program to San Bernardino. Shelby Obershaw, President of the San Bernardino Unified School District Board of Education, Mr. Marlin Brown, Board Member, and Dr. Molly Helms, Assistant Super- intendent, San Bernardino Unified School District, were present to accept the commendation. Ms. Obershaw stated the Board was proud to have this prestigious, internationally acclaimed program in San Bernardino. Mr. Brown explained that the International Bacca- laureate Program virtually allows open enrollment in al- most any university in the world. Joann Tortarolo, Director, Secondary Instruction and Curriculum Development, explained that the International Baccalaureate Program is an advanced college preparatory program. APPOINTMENT - COMMISSION FOR DISABLED PERSONS - LISA PIEHL Pursuant to a memorandum dated December 17, 1986, from Council Member Quiel, Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the appointment of Ms. Lisa Piehl, 4854 Alta Dr., San Bernardino, CA 92407. to the Commission for Dis- abled Persons, representing the Fifth Ward, be confirmed. (New Business) APPOINTMENT - PARKS & RECREATION COMMISSION - JACKIE IMBRIANI Pursuant to a memorandum dated December 11, 1986, from Mayor Wilcox, Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the appointment of Jackie Imbriani, 3401 Broadmoor, San Bernardino, CA 92404, to the Parks & Recreation Com- mission, representing the Mayor's Office, be confirmed. (New Business) APPOINTMENT - SENIOR AFFAIRS COMMISSION - FAY RODGERS Pursuant to a memorandum dated December 11, 1986, from Mayor Wilcox, Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the appointment of Fay Rodgers, 3396 N. Mt. View Ave., San Bernardino, CA 92405, to the Senior Affairs Commission, representing the Mayor's Office, be confirmed. (New Business) APPOINTMENT - SENIOR CITIZEN'S ADVISORY COMMISSION - SUSAN WEITZMAN Pursuant to a memorandum dated December 17, 1986, from Mayor Wilcox, Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the appointment of Susan Weitzman, 2327 N. Windsor Dr., San Bernardino, CA 92404, to the Senior Citizen's Advisory Commission, representing the Mayor's Office, be confirmed. (New Business) OATH OF OFFICE ADMINISTERED City Clerk Clark administered the oath of office to Lisa Piehl, Fay Rodgers and Susan Weitzman. APPROVE MINUTES - DECEMBER 8, 1986 Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 8th day of De- cember, 1986, as submitted in typewritten form. (1) AUTHORIZATION TO ISSUE PURCHASE ORDER- COUNTY OF SAN BERNARDINO - RESURFACE FIVE RESIDENTIAL STREETS In a memorandum dated December 11, 1986, Manuel P. Moreno, Jr., Director, Public Services, explained that San Bernardino County had requested that the City participate in the cost of resurfacing various streets, of which ap- proximately 10% are within the corporate limits of City. Attached to the memorandum were a copy of a letter dated December 3, 1986, from John A. Steger, Chief, Transporta- tion Program Management, and a map which indicates which streets are involved. (2) Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that Pur- chasing be authorized to issue a Purchase Order in the amount of $15,000 to the County of San Bernardino for resurfacing City portions of five streets in Ward Seven, (Modesto Drive. from 35th Street to Echo Drive; 35th Street, from Golden Avenue to Ferndale Avenue; 36th 2 12/22/86 Street, from Golden Avenue to Ferndale Avenue; 37th Street, from Golden Avenue to Ferndale Avenue; Harrison Street, from Lynwood Avenue to 35th Street) from Account No. 001-402-56407. STREET NAME CHANGE - LENA ROAD TO FRANK BLAND ROAD In a memorandum dated December 12, 1986, Roger Hard- grave, Director of Public Works/City Engineer, stated that a letter had been received from Brian McCormick, Public Administrator-Coroner, recommending that Lena Road, be- tween Mill Street and Third Street, be changed to Frank Bland Road. A copy of that letter was attached. From two to four street name signs would be replaced, at a cost of up to $400.00. (4) Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that the City Engineer be authorized to commence proceedings to change the name of Lena Road, between Mill street and Third Street, to Frank Bland Road. WIDENING OF SECOND STREET - FROM ROUTE I-215 FREEWAY TO "G" STREET - CHANGE ORDER NO. ONE - REDLANDS PAVING, INC. - RELOCATE EXISTING IN-N-OUT BURGER BUSINESS SIGN In a memorandum dated December 10, 1986, Roger Hard- grave, Director of Public Works/City Engineer, explained that as part of the contract work with Redlands paving, Inc., in widening Second Street from the I-215 Freeway to "G" Street, the existing business sign at In-N-Out Burger was to be relocated due to interference with the street widening improvements. (6) Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that Change Order No. One to the contract with Redlands paving, Inc., for the widening of Second Street, from Route I-215 to "G" Street, in accordance with Plan No. 6890, be ap- proved; to authorize the contractor to relocate the exist- ing In-N-Out Burger business sign to a height of eight feet above the ground, for an increase in contract price of $595.00, from $77,458.75 to $78,053.75. CONSTRUCTION OF DEL ROSA DRIVE - 9TH STREET TO BASELINE - POWELL CONSTRUCTION COMPANY - CHANGE ORDER NOS. ONE, TWO AND THREE In a memorandum dated November 25, 1986, Roger Hard- grave, Director of Public Works/City Engineer, explained the need for Change Order Nos. One, Two, and Three to the contract with Powell Construction Company for the con- struction of Del Rosa Drive, from 9th Street to Baseline. (7 ) Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that Con- tract Change Order Nos. One, Two and Three to the contract with Powell Construction Company for the installation of waterstop in premolded expansion joint material, instal- lation of side by side power meter pedestal in lieu of stacked meter pedestal and overexcavation and installation of enlarged reinforced concrete wing walls, at a net in- crease to the contract price of $2,336.10, from $553,304.00 to $555,640.10, be approved. PARKING AND BUSINESS IMPROVEMENTS FUNDS - EXPENDITURE FOR PURCHASE OF SMALL DUMPSTER TRUCK - FOR DOWNTOWN AREA BEAUTIFICATION In a memorandum dated December 9, 1986, Wayne Over- street, Superintendent, Public Buildings/Parking Control, explained that in September, 1985, the Area Tax Board 3 12/22/86 approved a temporary project for downtown beautification. They also approved purchase of a limited amount of equip- ment for this, including a dumpster truck when funds be- came available. Mr. Overstreet stated that there is a current available balance in excess of $11,000. (8) Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, to author- ize the expenditure of $7,500 from Parking and Business Improvement surplus funds for purchase of a small dumpster truck that is to be utilized for the Downtown Area Beauti- fication. CLAIMS AND PAYROLL Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, to approve demands against the City and authorize the issuance of warrants as follows: (9) 1. Approve the register of demands dated: November 26, December 3, December 9, 1986 1986 1986 86/87 86/87 86/87 #13 #14 #15 $ 1,629,311.96 525,065.02 2,167,830.62 2. Approve the total gross payroll for the period November 10, 1986, through November 23, 1986, in the amount of $1,348,194.74. PERSONNEL ACTIONS Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that the Personnel Actions submitted by the Director of Personnel in accordance with all administrative regulations of the City of San Bernardino be approved and ratified as follows: (10) APPOINTMENTS Public Services/Refuse Refuse Operator I - Effective December 23, 1986 Richard L. Aragon John S. Jackson Edward E. Hernandez Jerry L. zuniga Fire - Dispatch Beth L. Kilbourn December 23, 1986 - Dispatcher I - Effective Fire Barbara A. Sharp - Account Clerk - Effective December 23, 1986 Police Terrance J. McElroy - Police Officer - Effective January 5, 1987 Julie M. Thompson - Identification Technician - Effective December 23, 1986 Building & Safety Randall D. Reed - General Building Inspector - Effective January 5, 1987 Public Works/Engineering Steven M. Enna - Construction Engineer - Effective December 23, 1986 4 12/22/86 TEMPORARY APPOINTMENTS Police Law Enforcement Trainee - Effective December 23, 1986 John Avila Raymond W. King Raymond Torres Mark A. Garcia Michael P. Roche Ronald A. Van Rossum Law Enforcement Trainee - Effective December 29, 1986 Andrew A. Aceves Dale Wortham James R. Keesling Yolanda G. Breiten - Dispatcher/Part-Time - Effective December 23, 1986 Parks, Recreation & Community Services Coach Operator/Part-Time - Effective December 23, 1986 Gary Caddell Odessa Walker Helen J. Henderson Clementina C. Calderon - Kitchen Helper/Part-Time - Effective December 23, 1986 Hubert C. French - Senior Services Aide - Effective December 23, 1986 Lifeguard/Part-Time - Effective December 23, 1986 Ray Armenta Brenda Mayes Marco Arroyo Japh Rauscher Recreation Aide/Part-Time - Effective December 23, 1986 Mark Alexander Linda Bowden Ray Guzman Rodney Moten Carolyn Rhodes Matthew Rootland James Beaumount Bridgette Conner Therese Mazurier Esther Ramirez Veronica Romero Jeanett Vance Recreation Leader/Part-Time - Effective December 23, 1986 Tina Cisneros Frank Henderson Gary Johnson Kathryn Maynard Curtis Peete Paul Contreras Sarah Hernandez Yvonne Knox Hershey Nation Jeremiah Tardy Recreation Specialist/Part-Time - Effective December 23, 1986 Janet Chaney Gladys Jackson Evla Coble Robin Orrison Senior Lifeguard/Part-Time - Effective December 23, 1986 Hernando Sabogal Matthew Dickey Sharon L. Bagley 5 12/22/86 Supervising Lifeguard/Part-Time - Effective December 23, 1986 Jana Quinlan Jill Grenowich Senior Recreation Leader - Effective December 23, 1986 Pamelalee Bailey Lloyd Clay Stella Gonzales Marjorie Loenhorst Susana Ocha patricia Pennington Lawrence Bains Martha Diaz Monica Harley Terry Nelson LaVanne Pennington Gary Roberts Senior Services Aide - Effective December 23, 1986 Margaret A. Talmadge Yvonne Serrano PROMOTIONS Police Senior Typist Clerk - From Intermediate Typist Clerk to Senior Typist Clerk - Effective December 23, 1986 Kathy I. Miller Barbara L. Morrow Public Buildings William Kemp - Refuse Operator I - From Lead Custodian to Refuse Operator I - Effective December 23, 1986 Public Works/Engineering David S. Eickhoff - Engineering Aide - From Junior Engineering Aide to Engineering Aide - Effective December 23, 1986 Parks, Recreation & Community Services Larry O. Monk - Maintenance Plumber - From Heavy Laborer to Maintenance Plumber - Effective December 23, 1986 CENTRAL CITY PARKING PLACE COMMISSION RECOMMENDATION - 55 PARKING SPACES IN FIVE- LEVEL PARKING STRUCTURE - PACIFIC SAVINGS BUILDING - FOURTH DISTRICT COURT OF APPEALS AS TENANTS In a memorandum dated December 12, 1986, Roger Hard- grave, Director of Public Works/City Engineer, stated that Mr. Kendell Lang of Omni Brokers had requested 55 desig- nated parking spaces in the five-level parking structure for use by the Fourth District Court of Appeals if it becomes a tenant of the Pacific Savings Building. Pacific Savings Building has a total of 125 allocated parking spaces. (3) The Central City Parking tion was included in Mr. follows: Place Commission recornrnenda- Hardgrave's memorandum as That the Central City Parking Place Commis- sion recommend that 55 spaces out of the 125 allocated spaces for the Pacific Sav- ings Building, in the five-level parking structure be converted to "designated spaces", subject to Mr. Lang consulting with the Public Buildings Superintendent on 6 12/22/86 the location of the spaces and negotiating a lease, at a lease rate of $21. 40 per space, less 25% for uncovered spaces; also conditioned upon the procurement of the Fourth District Court of Appeals as a ten- ant in the Pacific Savings building. City Administrator Schweitzer answered questions regarding the allocation of the parking spaces, stating that the proposed allocation of spaces for this project would not affect the reserved parking spaces for the new hotel on "E" Street. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the recommendation of the Central City Parking Place Commis- sion to designate 55 parking spaces out of the Pacific Savings' 125 parking space allocation in the five-level parking structure be approved in principal, subject to Pacific Savings' Building Obtaining the 4th District Court of Appeals as its future tenant, subject to the City's retaining the right to relocate, or readjust the parking spaces within the five-level parking structure, and sub- ject to the City's retaining the right to adjust any and all fees associated with the parking in the five-level parking structure. PARKING SPACE DESIGNATION - FIVE-LEVEL PARKING STRUCTURE - WOOLWORTH BUILDING - COUNTY OF SAN BERNARDINO AS TENANTS In a memorandum dated December 19, 1986, Roger Hard- grave, Director of Public Works/City Engineer, presented a recommendation of the Central City Parking Place Commis- sion regarding the allocation of 50 parking spaces to the Woolworth Building upon tenancy of San Bernardino County. (New Business) The Mayor and Council discussed parking in the five- level parking structure Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the recommendation of the Central City Parking Place Commis- sion to lease 50 spaces on the top level of the five-level parking structure to the Woolworth Building be approved in principle, subject to the following conditions: that the County of San Bernardino is a tenant; that the City retain the right to relocate or readjust the parking spaces with- in the five-level parking structure; and that the City retain the right to adjust any and all fees associated with the parking in the five-level parking structure. THREE-LEVEL PARKING STRUCTURE - PAINTING - ALLEN B. DAVIS, PAINTING CONTRACTOR - APPROVAL & ACCEPTANCE In a memorandum dated November 24, 1986, Roger Hard- grave, Director of Public Works/City Engineer, explained that all work under the contract with Allen B. Davis, Painting Contractor, for painting the three-level parking structure at 4th and "E" Streets, had been satisfactorily completed as of November 24, 1986. (5) City Administrator Schweitzer answered questions regarding the payment of the painting of the three-level parking structure, and stated that it had been recommended at a Legislative Review Committee meeting that General Fund Salary Savings Account monies be used for this pur- pose. He explained that the Redevelopment Agency stated they were unable to make maintenance payments out of their funds. 7 12/22/86 The Mayor and Council discussed what they considered to be an appropriate source of funding for the maintenance of the three-level parking structure. It was pointed out that the lease agreement with the Redevelopment Agency provides that the City is responsible for all the upkeep and maintenance of the parking structure. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the cost for painting the three-level parking structure at the corner of 4th and "E" Streets in the amount of $62,983.00 be funded out of General Fund Salary Savings as a tempor- ary advance to be paid at an appropriate time out of RDA funds. City Attorney Prince answered questions, stating that he felt it was possible to work out an arrangement with the Redevelopment Agency for payment in this matter. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to di- rect the RDA Committee to investigate all avenues to pro- vide monies to repay the City's General Fund for the painting of the three-level parking structure at 4th and "E" Streets, and report back to the Council on January 5, 1987, with a solution to the maintenance of the parking structure as it relates to funding coming from the Rede- velopment Agency. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the resolu- tions on the Council agenda. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of all the resolutions on the Council Agenda be waived. RES. 86-514 - RESOLUTION OF THE CITY OF SAN BERNARDINO URGING THE STATE LEGISLATURE TO INVESTIGATE AND ADOPT LEGISLATION RESOLVING THE STATEWIDE PROBLEM OF THE TRANSPORTING OF ANIMALS IN THE BACK OF OPEN PICKUP TRUCKS. (11) The Mayor and Council discussed provisions of the proposed resolution and recommended that it include refer- ence to all animals rather than just dogs. Council Member Reilly made a motion, seconded by Council Member Frazier, that said resolution be adopted as amended. Resolution No. 86-514 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 86-515 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING THE FIND- INGS OF FACT AND CONCLUSIONS OF LAW IN THE MATTER OF THE REQUEST FOR EXEMPTION OF LANDTECH, INC. FROM THE PAYMENT OF SCHOOL IMPACTION FEES. (12) Council Member Strickler made a motion, seconded by Council Member Reilly, that said resolution be adopted. 8 12/22/86 Resolution No. 86-515 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 86-516 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WI TH S EQUO I A PAC I F IC SYSTEMS CORPORATION RELATING TO ELECTION SUPPLIES AND SERVICES FOR THE PRIMARY MUNICIPAL ELECTION TO BE HELD ON MARCH 3, 1987. (13) Council Member Strickler made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-516 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 86-517 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE FINANCE DEPARTMENT. (14) Council Member Strickler made a motion, seconded by Council Member Reilly, that said resolution be adopted. vote: Marks, None. Resolution No. 86-517 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 86-518 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH RUTH MARIE COOK TO PERFORM CONSULTING SERVICES FOR THE PLANNING DE- PARTMENT. (15) Council Member Strickler made a motion, seconded by Council Member Reilly, that said resolution be adopted. vote: Marks, None. Resolution No. 86-518 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE PARCEL MAP FOR SUBDIVISION MAP 9939, LOCATED AT THE SOUTHEAST CORNER OF HUFF STREET AND ARROWHEAD AVENUE, AC- CEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (18) City Administrator Schweitzer stated that fees re- garding Parcel Map 9939 had not been paid. Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that said resolution be tabled. 9 12/22/86 RES. 86-519 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13036, LOCATED AP- PROXIMATELY 1300 FEET EAST OF THE CENTER- LINE OF PINE AVENUE, AND SOUTH SIDE OF IRVINGTON AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (16) Council Member Frazier made a motion, seconded by Council Member Quiel, that said resolution be adopted. vote: Marks, None. Resolution No. 86-519 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 86-520 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13029, LOCATED AP- PROXIMATELY 900 FEET EAST OF THE CENTERLINE OF PINE AVENUE, AND SOUTH SIDE OF IRVINGTON AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (17) Council Member Frazier made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 86-520 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. RES. 86-521 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE WITH ALBERT M. GALLO EFFECTIVE JULY 1, 1986, FOR CERTAIN STRUCTURES LOCATED AT 1505 NORTH WATERMAN AVENUE. (19) Council Member Frazier made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 86-521 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 86-522 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH AGAPE HOUSE CONSELING CENTER, INC., EFFECTIVE JULY 1, 1986, FOR CERTAIN STRUCTURES LOCATED AT 607 EAST HIGHLAND AVENUE. (20) Council Member Frazier made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 86-522 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. 10 12/22/86 RES. 86-523 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO TATE ACCESS FLOORING FOR THE FURNISHING AND INSTALLA- TION OF RAISED ACCESS FLOORING TO BE UTI- LIZED BY THE PUBLIC BUILDINGS DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-87-13. (21) Council Member Frazier made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 86-523 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of all the ordi- nances of the Council Agenda. Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of all the ordinances on the Council Agenda be waived. ORD. MC-571 - ORDINANCE OF THE CITY OF SAN PINAL BERNARDINO AMENDING CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE TO BRING THE CITY IN COMPLIANCE WITH FEDERAL REQUIRE- MENTS. (24) Council Member Marks made a motion, seconded by Council Member Strickler, that said ordinance be adopted. Ordinance MC-571 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ORD. MC-572 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE TO ELIMINATE THE REQUIREMENT THAT THE CHIEF OF POLICE AP- PROVE THE EMPLOYMENT OF SPECIAL OFFICERS. (25) Council Member Marks made a motion, seconded by Council Member Strickler, that said ordinance be adopted. Ordinance MC-572 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO 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. FIRST (22) The Mayor and Council discussed provisions of the ordinance which give the Fire Chief authority to approve any map with only one standard access where property is outside the high fire hazard area, and whether or not that responsibility should lie with the Council. It was sug- gested that the provision could be changed to provide that the Fire Chief look at the route and make a recommenda- tion, with final implementation only upon approval by the Mayor and Common Council. 11 12/22/86 The Mayor and Council also discussed including a provision regarding approval by the Traffic Engineer on traffic circulation. City Attorney Prince answered questions. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said ordinance be continued to later in the meeting for suggested changes in the language. (See page 33) COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO 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. (First) (23) The Mayor and Council discussed provisions of the proposed ordinance which give authorization to City em- ployees to arrest citizens for an infraction of a civil nature. City Attorney Prince answered questions and explained that such arrests may be made only in certain circum- stances, such as if the person refused to sign the cita- tion or indicated his/her intention to continue the viola- tion. Mr. Prince stated that the California Penal Code provides such power to arrest. Bernie Kersey, Director, Administration & Finance, Water Department, answered questions regarding its part in the proposed ordinance, stating that the Water Department was only seeking authority for certain employees of the Waste Water Treatment Plant involved in an industrial waste program to issue citations, in order to comply with EPA pre-treatment requirements. City Attorney Prince suggested striking a certain portion of the proposed ordinance, Paragraph B on page 2, regarding the arrest procedures. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be referred to the Legislative Review Committee. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 10.24.210 AND 10.24.220 TO CHAPTER 10.24 OF THE SAN BERNARDINO MUNICI- PAL CODE TO PERMIT POLICE OFFICERS TO REGU- LATE THE CRUISING OF VEHICLES IN CONGESTED AREAS SUBJECT TO APPROPRIATE NOTICES AND SIGNS AND TO DIVERT VEHICLES WHEN THERE IS LITTLE TRAFFIC FLOW AND VEHICLES ARE NOT MOVING PROMPTLY AT OPPORTUNE TIME. FIRST (26 ) Police Chief Burnett explained the background of the cruising problem in the Mt. Vernon area, stating that during the months of May to August, 1986, the police De- partment had used traditional means to deal with the prob- lem, and were successful as long as they were there. He 12 12/22/86 stated that the cost was about $42,000 for personnel time. However, the cruising situation has again become unaccept- able. Police Chief Burnett presented a ten-minute video tape showing the extent of the cruising problem in the Mt. Vernon - 14th Street area, which encompasses both busi- nesses and residences. The action was taped on the week- end following Thanksgiving at various times and locations and showed heavy traffic and loud noises from radios in the passing vehicles. Capt. Dan Robbins, Police Department, answered ques- tions regarding the video presentation. City Attorney Prince answered questions regarding the diversion of traffic. Police Chief Burnett explained that they hoped that the proposed ordinance would make enforcement more effec- tive for a longer period of time and enable them to break the circle of the cruising process immediately by divert- ing the cars off of Mt. Vernon to perhaps another location outside the City. Another component of the ordinance is the authority to arrest the individual if he/she passes the same location three times after being warned the second time. In addition, there is the provision that vehicles can be towed away, which is a very effective deterrent. Chief Burnett explained that the Vehicle Code requires that a resolution or ordinance be in effect to enforce these provisions. The Mayor and Council discussed the use of similar ordinances in other cities, which reflect mixed success. Chief Burnett explained the process used in distin- guishing between cruisers and legitimate business individ- uals in the area, which is done through discussion with the driver. The Mayor and Council discussed a sunset clause of 90 to 120 days. Chief Burnett stated he would prefer a mini- mum of 180 days to try the program out. Chief Burnett answered questions regarding the fund- ing of the program if implemented by the ordinance, stat- ing that the cost for staffing would come from the exist- ing budget. Overtime funds would be used as needed and where they would be most effective. Officers on regular duty would be used when possible, by adjusting schedules and reassignment. Council Member Strickler made a motion, seconded by Council Member Quiel that said ordinance be adopted. Mr. Dick Churchwell, owner of the shopping center at the northeast corner of Mill and Mt. Vernon, was present and stated there were many business owners and residents of the area present at today's meeting, including David Chang, owner-operator of pioneer Chicken, Leah Brucker, General Manager of the apartment complex in the area, and Al McDonald, owner of Taco Tia. Mr. Churchwell spoke of the many problems caused by the cruising, such as conges- tion in the parking lots of businesses, trash left in the parking lots, tremendous noise, and public drinking. He stated that many residents and customers are intimidated by these activities. 13 12/22/86 , Capt. Dan Robbins, Police Department, answered ques- tions regarding tactics used in working with the cruising problem. He stated that socializing and the "procession" are important factors and breaking up these aspects would prove effective in dealing with the issue. Council Member Strickler made a substitute motion, seconded by Council Member Quiel, that the ordinance be adopted, with a four month review provision and a six month review. The motion carried by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Strickler. Noes: Council Members Estrada, Hernandez, Frazier. Absent: None. Because five votes are needed for an urgency ordi- nance, the urgency clause was stricken, and the ordinance received a first reading and was laid over for final pas- sage. WORKSHOP - MIC ROOM Mayor Wilcox announced there would be a workshop re- garding the High Groundwater Problem at 12:00 noon today in the Management Information Center (MIC) Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. MAYOR WILCOX EXCUSED At 11:31 a.m. Mayor wilcox left the meeting and Council Member Strickler assumed the duties of Mayor Pro Tempore. 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 Mayor Pro Tempore Strickler in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, Cali- fornia. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. PUBLIC HEARING - SIMA DEVELOPMENT - MILL AND "G" STREETS In a memorandum dated December 16, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, gave the background of the public hearing on the proposed Sima Development of retail buildings and industrial/office buildings at Mill and "G" Streets. (R-6) Mayor Pro Tempore Strickler opened the hearing. Counci 1 Member Council Member Reilly hearing be closed. Quiel made a motion, seconded by and unanimously carried, that the RES. 86-524 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF A CERTAIN PARCEL OF PROPERTY AT THE NORTHEAST CORNER OF THE INTERSECTION OF "G" STREET AND MILL STREET IN THE CITY OF SAN BERNARDINO BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO SIMA PARTNERSHIP. (R-6) City Clerk Clark read the title of the resolution. 14 12/22/86 Sr. Assistant City Attorney Briggs explained the substitute resolution as presented as Item RS-3 on the Redevelopment Agency Supplemental Agenda. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived. Council Member Quiel made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 86-524 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier. Noes: Council Member Strickler. Absent: Council Member Hernandez. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. BEAUTIFICATION PROGRAM LOAN/GRANT FOR HARIVADAN P. PATEL/TERRACE MOTEL In a memorandum dated December 16, 1986, Kenneth J. Henderson, Director, Community Development Department, explained that Mr. Harivadan P. Patel, owner of the Ter- race Motel, 2606 W. Foothill Blvd., had applied for a beautification loan in the amount of $10,000. A review of Mr. Patel's financial package indicated that his monthly debt ratio was well within the allowable amount and ap- proval of the loan was recommended. (R-7) Kenneth J. Henderson, Director, Community Development Department, answered questions. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, to approve Harivadan P. Patel/Terrace Motel beautification grant in the amount of $999.00 and beauti fication loan in the amount of $9,001.00. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. RES. 86-525 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, AUTHORIZING THE PUBLICA- TION OF A NOTICE OF PUBLIC HEARING REGARD- ING THE PROPOSED ISSUANCE OF ITS "CITY OF SAN BERNARDINO, CALIFORNIA, SCH HEALTH CARE SYSTEM REVENUE BONDS (SISTERS OF CHARITY OF THE INCARNATE WORD, HOUSTON, TEXAS), SERIES 1987A" FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING BONDS, SERIES 1983A. (R-8) City Clerk Clark read the title of the resolution. Council Member Quiel stated he would abstain on this matter due to a possible conflict of interest, as he had provided signs to St. Bernardine's Hospital. Council Member Strickler stated he would abstain on this matter due to a possible conflict of interest, as he had represented St. Bernardine's in several real estate transactions, even though these transactions were not within the last two or three years. 15 12/22/86 Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived Council Member Marks made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 86-525 was adopted by the vote: Ayes: Council Members Estrada, Reilly, Marks, Frazier. Noes: None. Absent: None. Council Members Quiel, Strickler. following Hernandez, Abstain: RECESS MEETING - WORKSHOP IN MIC At 12:20 p.m., Council Member Hernandez made a mo- tion, seconded by Council Member Reilly and unanimously carried, that the Adjourned Regular Meeting recess to a workshop in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California, for the purpose of discussing the High Groundwater Problem. WORKSHOP REPORT - HIGH GROUNDWATER PROBLEM The Workshop to discuss the high groundwater problem was called to order in the Management Information Center (MIC) on the 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 Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Administrator Schweitzer. Absent: City Clerk Clerk. Also present: Herb Wessel, General Manager, Water Department; Attorney Ed Fitzgerald; Richard Bennecke, Administrator to the Mayor; Patti Gonzales, Administrative Assistant to the Mayor; Phil Arvizo, Executive Assistant to the Counc i 1. HIGH GROUNDWATER PROBLEM Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to direct Attorney Fitzgerald to draft a recommended position paper for review and possible action by the San Bernardino Mayor and Council. Said paper to be ready by January 5, 1987 Council meeting and will address the following: (New Business) 1. Working with Municipal Water District to enhance the powers they already have; 2. Proposal for Senator Ayala to hold in abeyance any actions that are being taken while the City works locally at solutions; 3. Attempt to resolve other major problems which pose significant differences; looking at totality of the problem. RECESS WORKSHOP At 1:45 p.m., the workshop adjourned to the Adjourned Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:01 p.m., the Adjourned Regular Meeting recon- vened in the Council chambers of City Hall, 300 North "D" Street, San Bernardino, California. 16 12/22/86 l ROLL CALL Roll Call was taken by the City Clerk with the fol~ lowing being present: Mayor Wilcox; Council Members Estrada; Reilly; Hernandez; Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Marks, Quiel; Frazier: APPEAL - REVIEW OF PLANS NO. 86-43 - SOUTH SIDE OF MILL - 200 FEET WEST OF CENTERLINE OF RANCHO AVENUE - COUNCIL MEMBER HERNANDEZ - CONTINUED FROM DECEMBER 8; 1986 This is the time and place continued to for consider~ ation of whether or not an oral appeal by Council Member Hernandez regarding Review of Plans No: 86~43; south side of Mill; 200 feet west of centerline of Rancho Avenue for an three~story apartment complex; was filed in a timely and appropriate manner. (36) At the Council meeting of August 18, 1986; Council Member Hernandez orally indicated his desire to appeal Review of Plans No: 86~43; and reaffirmed this desire at the Council meeting of September 8; 1986: At its meeting of November 5, 1986; the Planning Commission reviewed Review of Plans No: 86-43 and it was the determination of the Commission that the aopeal was not filed in a timely and appropriate manner, ana; there~ fore; no further action could be taken by the Planning Commission. Subsequently; this matter was brought to the Common Council on December 8, 1986. . This matter was continued at the meeting of December 8, 1986, in order to provide City Attorney Prince suffici~ ent time to review documents considered at that meeting: City Attorney Prince stated he had reviewed the opin~ ion prepared in his office dated December 5; 1986, and presented at the meeting of December 8, 1986. A new legal opinion dated December 18, 1986; in which more authorities were cited, was presented in which the conclusion was basically the same, as follows: "The appeal of Review of Plans No. 86-43 should be referred to the Planning Commis~ sion for a hearing on the merits. Interes- ted parties should be notified." City Attorney Prince stated his position was that the resolution that was in effect in August, 1986, only granted the right of appeal to the developer. It was his contention that surrounding property owners who would be affected by the development are entitled by constitutional rights to receive notice and a right to appeal regardless of the appeal time limits. The property owners had not previously been provided notice of the conditions and the right to appeal: Mr. Prince stated that his opinion is based on the State and United States Constitutions, giving property owners the right to notice and an opportunity to be heard. City Attorney Prince answered questions, stating that he thought the appeal should be heard before the Planning Commission; rather than the Council. It was his opinion that Council Member Hernandez had made the appeal on be- half of his constituents. W. R. Holcomb, Attorney representing the developer, was present, and stated that the issue before the Council was that of the appeal made by Council Member Hernandez, and whether or not it was filed in a timely and appropri~ 17 12/22/86 a te manner. He s ta ted tha t there had not been a wr i tten appeal and the oral appeal given at a Council meeting could not be located on the tape or in the typed minutes. Mr. Holcomb referred to Chapter 2.64 of the San Bernardino Municipal Code which sets forth provisions for Appeals to the Common Council and stressed that the City's integrity demands that the Council follow the laws of this City. Mr. Holcomb suggested that if the time limit for appeals of 15 days was not adhered to, property owners could go back and review every Review of Plans that has been made in the past year and appeal. He urged to Council to uphold the decision of the Planning commission that found the appeal was not submitted in a timely and appropriate manner. Mr. Harry Stiel, a property owner near the proposed development, spoke of the high crime rate in the area and indicated his disapproval of the proposed apartments, and his preference for another type of development that would upgrade the area. Planning Director Schuma answered questions, stating that he did remember Council Member Hernandez' oral appeal at Council meetings on August 18, 1986 and September 9, 1986, but did not act on it due to an oversight. Jess Vasquez, 866 w. Louise, Colton, a resident in the area adjacent to the proposed development, spoke in opposition to the proposed apartments, as his property would be totally impacted, and there is already much crime in the area. City Attorney Prince answered questions regarding liability to the City if citizens are given the right to appeal on past developments, stating that there would be no liability if the attorney's legal advice is followed. Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the appeal of Review of Plans No. 86-48 which was made by Council Member Hernandez on behalf of his constituents was found to be timely and valid. City Attorney Prince answered questions, stating it was his opinion that the appeal should be heard before the Planning Commission rather than the Common Council. Planning Director Schuma answered questions regarding the date of the next Planning Commission meeting and stated that there is sufficient time to prepare notice to surrounding property owners and to the newspaper for a hearing at the Planning Commission on January 6, 1987. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal of Review of Plans No. 86-48 be referred back to the Planning Commission for hearing. REVIEW OF PLANS 86-51 - STUBBLEFIELD ENTERPRISES - MOUNTAIN SHADOWS VILLAS - EXTENSION OF TIME - GRANDFATHER CLAUSE - R-3 ORDINANCE - CONTINUED FROM DECEMBER 8, 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. (37) Planning Director Schuma requested that this item be continued. 18 12/22/86 It was pointed out that the reason for the contin- uance was that the Attorney for the Stubblefield Enter- prises could not be present at today's meeting. Council Member Strickler 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, February 2,1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. FESTIVAL OF LIGHTS AROUND THE WORLD Mayor wilcox stated there would be a Festival of Lights Around the World at Sturges Auditorium, Eight and "E" Streets, San Bernardino, at 7:00 p.m., this evening and invited all to attend. APPEAL - CONDITIONAL USE PERMIT NO. 84-47 - 847 W. HIGHLAND AVENUE - SNACK SHOP - EXPANDED SERVICE AREA - REPLACEMENT OF DISPENSING PUMPS - EXISTING SERVICE STATION - IBRAHIM ABUJUDEH This is the time and place set for an appeal filed by Ibrahim Abujudeh, through Attorney W. R. Holcomb, on the Planning Commission's decision of revocation of Condi- tional Use Permit No. 84-47, based on non-compliance with conditions of approval. The owner of the property located at 847 W. Highland Avenue is Mobil Oil Corporation. (38) Council Member Quiel stated he would abstain on this matter due to a possible conflict of interest, as he had done work for Mobil Oil Corporation for the past 25 years. Planning Director Schuma explained that the issue in question is lighting and landscaping on a piece of prop- erty south of the service station and separated by a wall, but is a part of the property involved. Mr. Schuma stated that Mr. Abujudeh, lessee, had been working with staff trying to resolve the complaints by adjoining property owners on the lack of proper maintenance on the property and most of the issues had been resolved to some degree of satisfaction. W. R. Holcomb, Attorney representing the appellant, Mr. Abujudeh, explained that there was a misunderstanding about the revocation, as most of the violations of condi- tions involve property that is not part of Mr. Abujudeh's lease, but is owned by Mobil Oil Corporation. Mr. Holcomb stated that Mr. Abujudah's lease stops at the wall north of 21st Street. Mr. Holcomb explained that neighbors had complained that the property in question had not been properly maintained by Mobil and was used by transients and high school students for loitering and partying. Mr. Holcomb stated that all correspondence regarding these conditions had been addressed to Mobil Oil Corpora- tion, not his client. Planning Director Schuma answered questions, stating that Mobil was the party they had been dealing with. Allen Gresham, Attorney representing Mobil Oil Cor- poration, disagreed with previous remarks, stating that the lease between Mobil Oil Corporation and Mr. Abujudeh included the property in question which is south of the wall, and Mr. Abujudeh, as lessee, is responsible for that property, as well as the main section of the property. Mr. Gresham stated that Mobil had, in the past, mowed the grass in that section south of the wall as an accommoda- 19 12/22/86 tion to the lessee, but was not obliged to continue the maintenance. He stated he and his client were anxious to get this matter settled. MAYOR WILCOX EXCUSED At 3:45 p.m., Mayor wilcox left the Council Meeting and Council Member Strickler assumed the duties of Mayor Pro Tempore. Council Member Marks made a motion, seconded by Council Member Reilly, that the hearing be closed, and based upon the findings within the factual circumstances contained within the staff report, and the evidence pre- sented here, the decision of the Planning Commission be overturned, and the appeal granted, with full rights under the CUP established for this land use. The motion carried by Council Members Estrada, Frazier, Strickler. Noes: stain: Council Member Quiel. the fOllowing vote: Ayes: Reilly, Hernandez, Marks, None. Absent: None. Ab- Carol Schadoan, who lives directly across the street from the landscaped area in question, spoke of the prob- lems they had had with burglaries, drug dealing, and par- tying because of individuals loitering on the property. She requested that the curb along that property be painted red, to provide legal recourse in calling the police. She stated she had talked to Mr. Liu, Traffic Engineer, and efforts were being made to get the curb painted red. She was advised to talk to Council Member Quiel for further action on this matter. It was determined that a letter dated November 24, 1986, was on file with the City stating Mr. Abujudeh will accept responsibility for all conditions attached to CUP 84-47, including the maintenance of the landscaped area on the north side of 21st Street. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the meeting. APPEAL - TENTATIVE TRACT 13390 - CONDITION NO. FIVE - EAST SIDE OF MERIDIAN AVENUE - SOUTH OF CENTERLINE OF MILL STREET - GREGORY W. BRITTAIN This is the time and place set for an appeal filed by Gregory W. Brittain, Attorney on behalf of Mike and Mari- anne Stewart, on the Planning Commission's decision of approval of Tentative Tract 13390, Condition No. Five, to establish a 39 lot Subdivision in the R-1-7200 Single- Family Residential Zone located on a parcel of land con- sisting of approximately 9.7 acres having a frontage of approximately 335 feet on the east side of Meridian Avenue and being located approximately 660 feet south of the centerline of Mill Street. The applicant for this project is Forecast Corporation, and the owner is Southern Pacific Transportation Co. (39) Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that the proceedings be terminated pursuant to the request of the appellant. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. 20 12/22/86 APPEAL - PARCEL MAP NO. 10104 - TO CREATE TWO PARCELS FROM SINGLE PARCEL IN R-1-7200 SINGLE- FAMILY RESIDENTIAL ZONE - SAMUEL & VALERIE BISHOP This is the time and place set to consider an appeal filed by Samuel and Valerie Bishop on the Planning Commis- sion's decision of approval of Parcel Map No. 10104 to create two parcels from a single parcel in the R-1-7200 Single-Family Residential Zone. The applicant for this proposed project is Triple H Ranch Homes, Owner, and the location is on the easterly side of Pennsylvania Avenue, approximately 300 feet north of Baseline Avenue. (40) Valerie Bishop, 1826 Home Avenue, San Bernardino, complained that repairs had not been made on her home by Mr. Herbert Holmes, the developer who had rehabilitated homes in her neighborhood, and that she had been waiting for the repairs to be completed since November, 1985. It was her opinion that Mr. Holmes should not be allowed to proceed with plans to create two parcels from a single parcel of land as approved by the Planning Commission. Planning Director Schuma answered questions regarding the ownership of Triple H Ranch Homes, stating that it was a different name, but the same individuals who had re- habilitated homes in a subdivision north of the proposed parcel split. He stated the City can't hold up the Parcel Map because of the problems with the other homes, as they are separate issues. Mrs. Bishop described the problems with her home, which included sewer fumes in the furnace vent, incomplete tile in the bathroom, unfinished retaining wall. Mr. Herbert H. Holmes, President of All City Mortgage Company, explained the rehabilitation work he had done on Mrs. Bishop's home, for a total amount of $21,000, which included reroofing the house twice, repairing rain damage, and new tile in the bathroom. He stated that Dr. Juanita Scott, Affirmative Officer, City of San Bernardino, and one of his contractors inspected Mrs. Bishop's home. He also stated that every other home owner has signed a statement that their home is fine. Dr. Juanita Scott, Affirmative Action Officer, answered questions, and stated her inspection of the Bishop home indicated everything was alright. However, the home was an old building to start with. She said she was willing to go back for another inspection. City Attorney Prince answered questions, stating that the issue of Mrs. Bishop's home and that of the Parcel Split are not related. Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that the Building & Safety Department be directed to send an in- spector out for a total inspection of the home of Samuel and Valerie Bishop, 1826 W. Home, San Bernardino, identify all of the errors and omissions in the development, and notify Mr. Holmes' Company to take care of any problems immediately. If the problems are not taken care of, this matter will be brought back to Council for action. Council Member Frazier made a motion, seconded by Council Member Reilly, that the hearing be closed and the decision of the Planning Commission be affirmed. 21 12/22/86 The motion carried by the following vote: Ayes: Council Members Reilly, Quiel, Frazier, Strickler. Noes: Council Members Estrada, Hernandez. Absent: Council Member Marks. COUNCIL MEMBER MARKS RETURNED Council Marks returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. AMENDMENT TO SAN BERNARDINO MUNICIPAL CODE - SECTION 19.12 - MULTIPLE FAMILY RESIDENTIAL ZONE In a memorandum dated December 5, 1986, Frank A. Schuma, Planning Director, explained that on October 22, 1986, approval was given for amendments to Section 19.12 of the San Bernardino Municipal Code. At that time, a section was added which pertained to the effective date of November 21, 1986, and would apply to all projects which had not been approved by the development Review Committee prior to that date. The addition of that effective date did not receive environmental clearance and is being con- sidered at this time. The Environmental Review Committee recommended a Negative Declaration of Environmental Impact for the effective date of the new R-3 requirements. (41) Planning Director Schuma answered questions, stating that this action is merely a technicality. City Attorney Prince answered questions. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, to approve the responses to comments and to adopt the Negative Dec- laration for environmental impact which has been reviewed and considered; and to approve the findings and the recom- mendation of the Planning Commission and to direct the City Attorney to prepare the necessary amendments to the Municipal Code. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. PROTEST HEARING - ALLEY VACATION - PORTION OF EAST/WEST ALLEY SOUTH OF MILL STREET - WEST OF "H" STREET - CONTINUED FROM DECEMBER 8, 1986 This is the time and place continued to for a hearing to receive protests on the proposed vacation of a portion of an east/west alley south of Mill Street, west of "H" Street. (29) Mayor Pro Tempore Strickler opened the hearing. At the meeting of December 8, 1986, this matter was referred to the LegiSlative Review. Council Member Strickler, Chairman of the Legislative Review Committee stated that the Committee had recommended that the City proceed with the vacation of the east/west alley south of Mill Street, west of "H" Street. Elgin Rittenberry, 3593 Arlington Avenue, Riverside, was present and spoke in favor of the vacation. 22 12/22/86 Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be closed and the Findings of Fact, as set forth in the Staff Report from Roger G. Hardgrave, Director of Public Works/City Engineer, as to why the alley south of Mill street, west of "H" street, is no longer necessary for alley purposes, be adopted, and that the City retain a sewer easement. RES. 86-526 - RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING THAT CERTAIN EAST/WEST ALLEY SOUTH OF MILL STREET, WEST OF "H" STREET, IN THE CITY OF SAN BERNARDINO AND RESERVING A SEWER EASEMENT THEREIN. (29) City Clerk Clark read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived. Resolution No. 86-526 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Strickler. Noes: Council Member Estrada. Absent: Council Member Frazier. Elgin Rittenberry answered questions regarding his project, stating that most of the steps leading to finali- zation of this project have been completed, and that with- in 45 days they will be breaking ground. Earl James Roberts, E. G. Roberts Civil Engineering Associates, Colton, representing the sellers of the prop- erty, stated they were just waiting for this Council ac- tion to close escrow. Mr. Roberts answered questions regarding financing, and stated that no assistance has been requested or received from the Redevelopment Agency. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. APPOINTMENT - SENIOR AFFAIRS COMMISSION - MRS. PEARL (PENNY) L. HOLCOMB Pursuant to his memorandum dated December 22, 1986, Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to appoint Mrs. Pearl (Penny) L. Holcomb, 3702 Hemlock, San Bernardino, CA 92404, as a member of the Senior Affairs Commission. (New Business) WAYS AND MEANS COMMITTEE REPORT - DECEMBER 13, 1986 - BASEBALL CLUB NEGOTIATIONS - CONSIDERATION Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that Item 32, Ways and Means Committee Report of the meeting of December 13, 1986, concerning the negotiations for the baseball club in San Bernardino, be considered at this time. (32) Council Member Marks, Chairman of the Ways and Means Committee, presented the report of the Ways and Means Committee Meeting held on December 13, 1986. The follow- ing item was discussed: ~aseball_~lu~~~i!y-~egotiations - After extensive review and renegotiations, the Committee and the Baseball Club came to an agreement, shook hands and requested the City Attorney to provide the document 23 12/22/86 necessary to present to the Mayor and Council on December 22, 1986. The follow- ing major changes are to be incorporated in the agreement along with those minor points in the previous agreement that were not in conflict. The direction given was to write the agreement to make certain the City was protected in all circumstances: A three-year agreement was reached with the Baseball Club. The Club will guarantee $35,000 the first year, $36,775 the second and $38,550 the third, plus 5% of all gross revenue over $560,000 per year. The Club would also pay $1,500 per month (rental of Clubhouse) for X months (minimum of six months) . The City agreed to put in seating to bring total number of seats to 2,800 at a cost of $210,000 and construct a Clubhouse for $150,000, the total amount to be funded from the 1% IDB Economic Development Fees with a stipulation to protect the City if the team leaves, fails or changes hands. If the team moves or is sold, they will pay the depreciated value of capital improve- ments. If the agreement is terminated or does not renew for X beyond year 3, the team would payoff the depreciated value of the capital improvements. Non-exclusive use. The City would have rights to hold special events such as the Twin Counties function. The Club would be allowed 15 dates per year in or out of the February 10 - September 15 time period for special events with the City's approval. The City would received 5% of the gross revenue of these events. All related ser- vices beyond custodial/maintenance services normally provided for the 71 games would be provided and paid for by the Club. The Parks, Recreation and Community Ser- vices Department assures the Committee that all youth teams that used the team in the past have been accommodated elsewhere. Ken Henderson, Director, Community Development De- partment, answered questions. The Mayor and Council discussed the use of IDB funds for the baseball club, whether or not this was an appro- priate use, and its impact on other small businesses re- questing funds. Ken Henderson, Director of Community Development Department, answered questions. He requested that the Council authorize him to contact the developers of the Shadow Hills, Perris Hills and Highland Hills projects to request the 1% IDB funds be paid at this time. City Administrator Schweitzer answered questions regarding the Contingency Fund. COUNCIL MEMBER STRICKLER EXCUSED At 6:00 p.m., Council Member Strickler left the Council Meeting, and Council Member Estrada took over the duties of Mayor Pro Tempore. 24 12/22/86 Roy Englebrecht, minority owner of the baseball team, the San Bernardino Spirit, answered questions of the Council, stating that this ball club was purchased from the owners in Ventura with the express purpose of moving the club to San Bernardino. He stated they are commit- ting $100,000 in improvements in Fiscalini Field, which become the property of the City. Mr. Englebrecht stated they were willing to provide a performance bond in case they didn't meet the lease payments. City Attorney Prince answered questions regarding a performance bond, stating that it guarantees payment. Council Member Quiel made a motion, seconded by Council Member Marks, that approval be given to allocate $380,000 out of the IDB Fund, the first dollars available in that fund, for the development of Fiscalini Field; that approval be given for the expenditure of $75,000 from the Contingency Account in the CDBG Funds for the improvement of the lighting at Fiscalini Field, said funds to be used only if an agreement is reached with the new baseball club coming to San Bernardino; and that approval be given, in concept, of the outline and proposed agreement to be en- tered into with the new baseball club in the City of San Bernardino for the operation of baseball at Fiscalini Field as stipulated in the Ways and Means Committee, with that agreement being brought back before the Council on January 5, 1987. Ken Henderson, Director, Community Development De- partment, answered questions, stating that the expenditure of the funds would not affect Rio Vista Park. The motion carried by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier. Noes: Council Members Estrada, Hernandez. Absent: Council Member Strickler. RES. 86-527 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LETTER TYPE PROPOSAL FROM L. A. WAINSCOTT AND ASSOCIATES RELATING TO PROVIDING CIVIL ENGINEERING AND ARCHITECTURAL SERVICES FOR CONSTRUCTION OF ADDITIONAL SEATING, CLUB- HOUSE AND SEWER AT FISCALINI FIELD IN PER- RIS HILL PARK. (32 - New Business) City Administrator Schweitzer explained the purpose of the proposed resolution. City Clerk Clark read the title of the resolution. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions, stating that the first game of the new baseball team is April 10, 1987, and it is impera- tive that construction for new seating begin as soon as possible. Roy Englebrecht, minority owner of the baseball club, answered questions, stating they would guarantee $20,000, and hope that the Council in good faith would honor the negotiations regarding the agreement on January 5, 1987. However, if his group is willing to sign the agreement and the City is not, he didn't feel they would be liable for this amount. City Attorney Prince answered questions regarding an oral agreement, stating it is binding. 25 12/22/86 Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that fur- ther reading of the resolution be waived. Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-527 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier. Noes: Council Members Estrada, Hernandez. Absent: Council Member Strickler. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST REQUIRING A REVIEW OF PLANS FOR TWO-STORY SINGLE-FAMILY DWELLINGS WITHIN THE FOOTHILL AREA. (27) City Clerk Clark read the title of the ordinance. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the ordinance be waived and said ordinance be laid over for final passage. RECESS MEETING At 6:20 p.m., Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the Adjourned Regular Meeting of the Mayor and Common Council recess to 8:00 a.m., on Tuesday, December 23, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 8:13 a.moo Tuesday, December 23, 1986, the Ad- journed Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Reilly, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Estrada, Hernandez. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCOR- PORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETI- TION NO. 85-23, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF RIALTO AVENUE AND PEP- PER AVENUE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. FIRST (28 ) City Clerk Clark read the title of the ordinance. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the ordinance be waived and said ordinance be laid over for final passage. LEGISLATIVE REVIEW COMMITTEE REPORT - DECEMBER 11, 1986 AND DECEMBER 18, 1986 Council Member Strickler, Chairman of the Legislative Review Committee, presented the reports of the meetings of 26 12/22/86 12/23/86 the Legislative Review Committee held on December 11, 1986, and December 18, 1986. (31) At the meeting of December 11, 1986, the following items were discussed: 1. Legal Representation in Conflict of Interest Cases - The Committee recommended thei3tatus-quo-and denial of the City At- torney's request. Council Member Strickler made a motion that this Council hire an outside attorney to clarify the situation as to the legal representation that the Mayor and Common Council are entitled to. Council Member Marks seconded the motion for sake of discussion. City Attorney Prince stated he was not opposed to getting an opinion from the Attorney General, but was opposed to hiring outside counsel in this case. He ex- plained that the City Attorney's role is to give legal advice in conflict of interest cases to individual Council Members but did not believe the opinions should be kept confidential, as he considers that to be a matter of pub- lic business. The Mayor and Council discussed whether or not legal opinions regarding conflict of interest should be kept confidential or made public. Council Member Marks withdrew his second to the pre- vious motion. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the Mayor be authorized and directed to send a letter on be- half of the City Council to the Attorney General of Cali- fornia, requesting an opinion concerning the appropriate role of the City Attorney regarding conflict of interest issues which may involve members of the City Councilor City Staff, and inquire under what circumstances should opinions rendered by the City Attorney be made a matter of public record. 2. Anti-Cruising/Loitering - Mt. Vernon/ Mill Street Area - The Committee recommend- ed approval of the ordinance and requested Chief Burnett be at the Council meeting to show a video and make the same presenta- tion. (Council Action was taken regarding this matter. See Item 26, page 12) 3. Street Vacation - Alley South of Mill Street, West of "H" Street - The Committee recommended approval of the vacation and retainment of the sewer easement. (Council Action was taken regarding this matter. See Item 29, page 22) 4. Grandfather Clause for Mountain Shadows Villas - Item continued to 1:00 p.m., Janu- ary 22, 1987. (Council Action was taken regarding this matter. See Item 37, page 18) 27 12/23/86 5~ Animal Control Ordinance - Item con- tinued. 6~ Street Lighting Maintenance - The Com':' mittee recommended contracting to a small electric company to catch up and asked that dollar amount and method of payment be presented at the December 22; 1986 Council Meeting~ City Administrator Schweitzer answered questions re':' garding the problem with maintenance of street lighting, stating that this had been an unusual year; with priority given to reparing lights at the ballfield pursuant to Council Direction, a 50 year old transformer went out; repairing three circuit outages; and traffic accidents which damaged equipment: COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting~ Roger Hardgrave; Director of Public Works/City Engi':' neer, answered questions: Council Member Quiel made a motion; seconded by Council Member Strickler and unanimously carried; that the transfer of $37;500 from Account No: 001':'329':'53402; "Elec':' tric Charges"; to Account No: 001':'329':'53150, "Profes- sional/Contractual Services", be approved~ Council Member Quiel made a motion; seconded by Council Member Frazier and unanimously carried; that authorization be given to award a contract to Maison Elec':' trical Services; Inc:, for relamping and repairing street lights; in accordance with letter proposal dated December 17, 1986. 7 ~ Standard Level Paths of Travel Across ~rive~~ - The Committee recommended ap- proval of the recommendation as presented by Mr. Neves and the City Engineer. 8. School Impaction Fees - Item continued: Building and Safety, if not already doing so, should advise builders of the new law. A December 16, 1986, meeting between the School District and Acting City Administra- tor will clarify the process and have a solution to present at the December 18, 1986, Legislative Review Committee meeting: 9. ~mokl~Qrdinance - Item continued to December 18, 1986 meeting. (See discussion, next item) 10: Residential Property Nuisances -Item continued to January 22,1987. Public services, Fire Department and City Attorney will meet to work out details and return: At the meeting of the Legislative Review Committee held on December 18, 1986, the following items were dis- cussed: 1. Smo~l~Ordinance - The Committee had no recommendation suggesting that the issue is one that must go to the people for a vote. This rehearing had been requested so the Coalition could submit a recommended 28 12/23/86 ordinance for public government buildings. The group was not prepared to make that recommendation: The Committee suggested to the No Smoking Coalition that they approach the Chamber of Commerce to get an idea as to what businesses would prefer: They recommended that the coalition request a public hearing through the Office of the City Clerk: The Mayor and Council discussed the proposed smoking ordinance: It was pointed out that the ordinance was a very restrictive one; and would probably be met with re~ sistance from many business owners: It was also stated that it would be difficult to enforce: (See further dis- cussion, page 30) COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table: 2: ~chool_.!..~~ction E'.ee~ ~ The Commi ttee accepted a report from the City Attorney's Office; recommended that all developers be notified of the procedure and that they be informed that the City has no jurisdiction over the fees charged or the dates set by the State. 3: Games of Amusement Permits - The Com- mittee recommended approval of the amend- ment. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 5:44 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING DENIAL OF AN AP- PLICATION FOR PERMIT FOR GAMES OF AMUSE~ MENT. FIRST City Clerk Clark read the title of the ordinance: Council Member Strickler made a motion; seconded by Council Member Quiel and unanimously carried, that further reading of the ordinance be waived and said ordinance be laid over for final passage. 4. Qrdinan~_~~lating the Licensing of Escort Bureaus - The Committee recommended approval-Q1-the amendment. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 5.52.010 AND 5:52:100 OF THE SAN BERNARDINO MUNICIPAL CODE REGULAT- ING THE LICENSING OF ESCORT BUREAUS. FIRST City Clerk Clark read the title of the ordinance. Council Member Strickler made a motion; seconded by Council Member Quiel and unanimously carried, that further reading of the ordinance be waived and that said ordinance be laid over for final passage. 5. Transfer Density and Fee Waivers -The Committee recommended continuance for fur- ther study after receiving a preliminary report from the Planning Director. The issue is very complex and needs further research. 29 12/23/86 6: Animal Control Ordinance - Item con- tinuecr:---------- SMOKING ORDINANCE - DISCUSSION The Mayor and Council reviewed previous comments regarding the proposed smoking ordinance and continued their discussion on the sUbject: It was pointed out that that the Surgeon General had come out with a statement about the dangers of smoking; which indicated it has become a major health problem: The Mayor and Council discussed the possibility of setting a public hearing as soon as possible in order to find a solution to the problem of the smoking issue; Council Member Marks made a motion; seconded by Council Member Frazier; to direct the City Clerk to call for a public hearing on behalf of the Mayor and Common Council at 1:00 p:m., on February 9; 1987. The motion failed by the following vote: Council Members Marks, Frazier. Noes: Council Reilly, Quiel; Strickler: Absent: Council Estrada; Hernandez: Council Member Strickler made a motion; seconded by Council Member Quiel and unanimously carried; that the reports of the Legislative Review committee dated December 11 and 18, 1986; be received and filed: Ayes: Members Members CITY CLERK CLARK EXCUSED At 9:05 a:m.; City Clerk Clark left the Council Meet- ing and Deputy City Attorney Reese assumed the Clerk's duties: HIGHLAND AREA PLAN - STATUS REPORT - CONTINUED FROM DECEMBER 8; 1986 In a memorandum dated December 4, 1986; Planning Director Schuma stated that the Highland Area Plan Citizen Advisory Committee (CAC) had completed work on their recommended land use plan: Mr. Schuma explained that the CAC consisted originally of 25 members appointed jointly by the Council and Board of Supervisors. Membership in- cluded approximately 40% City residents and 60% County residents: During the past three to four months; atten- dance has included about five to eight persons; almost all County residents. (30) Planning Director Schuma presented the background of the Highland Area Plan. Margaret Wright, Chairman of the Highland Area Plan Citizen Advisory Committee; representing San Bernardino County, was present, and read a list of committee members who regularly attended committee meetings; which included the following: Rhoda Fox, John Lowe, Douglas Payne, Miles Bough, Allen Cossentine, Dorothy Foye, Dick pennoni, Ray Keslake, and herself. Ms. wright explained that the committee had worked for three years to update the Highland General Plan, which has been in effect since 1975: She stated they had tried to stay out of the controversial issues of Highland City- hood and Stubblefield matter and concentrate on what will be good for the City; which, in turn would be good for the County. She stated that the Committee had not been able to agree on the three alternatives presented by the City, and expressed their frustration at not being able to move ahead more rapidly. 30 12/23/86 The Mayor and Council discussed attendance of City representatives at the committee meetings and the fact that some of them had not been attending regularly due to frustration of not making progress in their meetings: This matter has been under consideration by the committee for over two years and no decision has yet been reached: Planning Director Schuma answered questions; affirm~ ing that City attendance at the committee meetings had been sketchy. Mrs: Wright gave dates that the committee had set for the following purposes: January 6; 1987 ~ Goals Meeting; January 12; 1987 ~ Regular Committee meeting; inviting Planning Commission and others to attend; January 26; 1986 ~ Public Forum; February 3; 1987 ~ Present material to the Planning Commission: The Mayor and Council discussed alternate dates: John Stubblefield; 2258 Bradford, urged the Council to refrain from changing dates as that contributes to absences at meetings. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried; that the report of the Highland Area General Plan be received and filed: STANDARDIZED ENTRANCE SIGNS FOR MAIN ENTRANCES TO CITY ~ APPROVE IN CONCEPT - MAC In an undated memorandum, Marshall W: Julian; Co- Chairman, More Attractive Community Foundation of San Ber~ nardino; presented information regarding the installation of standardized entrance signs to be located at major entrances to the City. (33) Greg Garcia, Project Coordinator; Mayor's Office, answered questions. It was pointed out that no funds for this project are being requested at this time. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried; that the More Attractive Community Foundation be encouraged to proceed with its plans for designing and erecting standar- dized entrance signs at major entrances to the City with the understanding that the design and actual locations of such signs shall be subject to final approval by the Mayor and Common Council. CITY HOLIDAY - DR. MARTIN LUTHER KING, JR. - JANUARY 19; 1987 - REQUEST TO MAKE PERMANENT HOLIDAY In a memorandum dated December 16, 1986, Council Member Frazier requested consideration of declaring a holiday in honor of Dr. Martin Luther King, Jr. (S-l) Council Member Frazier made a motion, seconded by Council Member Reilly, that January 19, 1987 be declared a City holiday in honor of Dr: Martin Luther King, Jr.; and that staff take the action necessary to make this day a permanent holiday. 31 12/23/86 City Administrator Schweitzer answered questions regarding the proposed holiday and suggested that if the Council wished to change the date of the holiday from the actual birthday; it be changed to Friday; January 16; 1987; so as not to disrupt the Council schedule of meet~ ings. Mr: Schweitzer answered questions; stating that the cost of the holiday to the City would be between $1413;131313 and $1513; 131313: Mr: Schweitzer also explained that during previous negotiations none of the unions representing employees had asked for this holiday in exchange for a floating holiday: Council Member Quiel made a substitute motion; seconded by Council Member Strickler, that the matter of a holiday honoring Dr: Martin Luther King; Jr: be continued to January 5; 1987: The motion failed by the following vote: Ayes: Council Members Reilly; Quiel; Strickler: Noes: Council Member Marks; Frazier: Absent: Council Members Estrada; Hernandez: COUNCIL MEMBER QUIEL EXCUSED At 9:58 a:m:; Council Member Quiel left the Council Meeting: Council Member Frazier made a motion; seconded by Council Member Reilly; that January 19; 1987 be declared a City holiday in honor of Dr: Martin Luther King; Jr:; and that staff take the action necessary to make this day a permanent holiday: The motion failed by the following vote: Ayes: Council Members Reilly; Frazier: Noes: Council Members Marks; Strickler: Absent: Council Members Estrada; Hernandez; Quiel: Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried; that the matter of the holiday honoring Dr: Martin Luther King; Jr., be continued to January 5,1987, in the Council Chambers of ci ty Hall, 31313 North "D" Street, San Bernar- dino, California. The Mayor and Council discussed the possibility of trading an employee floating holiday for Dr. Martin Luther King, Jr: Day. City Administrator Schweitzer stated that employees had indicated their preference in having a floating holi- day to use in late spring or summer and having their holi- days spread throughout the year, rather than concentrated in November, December and January. Council Member Marks made a motion; seconded by Council Member Strickler and unanimously carried, that the City Administrator be directed to get in touch with the unions this afternoon and schedule a session before Janu- ary 5, 1987 to discuss the possibility of changing a floating holiday for Dr: Martin Luther King; Jr: Day. AUTHORIZE PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT TO APPLY FOR EMERGENCY FOOD AND SHELTER FUNDS In a memorandum dated December 15, 1986, Ramos, Director; Parks; Recreation & Community Department; stated that Public Law 98-396 $713,131313,131313 nationwide through the Emergency Annie F. Services provides Food and 32 12/23/86 Shel ter National Board Program (FEMA V) to local public and private organizations for the purpose of delivering emergency food and shelter to needy individuals: The local FEMA Board has selected the Westside Drop~In Center as one of the sites in the City to assist with distribu~ tion of funds between January, 1987; and September 15; 1987: The Parks; Recreation & Community Services Depart~ ment has prepared an application for $213,131313 to be admin- istered through the westside Drop-In Center: There is no additional cost to the City to administer this program. (S':'2 ) Council Member Strickler made a motion; seconded by Council Member Frazier and unanimously carried; that the Parks, Recreation and Community Services Department be authorized to apply for and administer $213,131313 of emer~ gency food and shelter funds under the provisions of the Emergency Food and Shelter National Board Program (FEMA V) through the Westside Drop-In Center of the Parks; Recrea~ tion and Community Services Department: RESOLUTION OF THE CITY OF SAN BERNARDINO RELATING TO THE FUNDING OF THE REVOLVING LOAN FUND TRANSFERRED FROM THE SAN BERNAR- DINO ECONOMIC DEVELOPMENT COUNCIL TO CITY'S COMMUNITY DEVELOPMENT DEPARTMENT, AND PRO- VIDING INITIAL FUNDING FOR THE SAN BERNAR- DINO ECONOMIC DEVELOPMENT COUNCIL'S MARKET- ING PROGRAM: (S~3) RESOLUTION OF THE CITY OF SAN BERNARDINO RELATING TO THE FUNDING OF THE REVOLVING LOAN FUND TRANSFERRED FROM THE SAN BERNAR- DINO ECONOMIC DEVELOPMENT COUNCIL TO CITY'S COMMUNITY DEVELOPMENT DEPARTMENT, PROVIDING FOR FUNDING OF CAPITAL IMPROVEMENTS TO FISCALINI FIELD, AND PROVIDING INITIAL FUNDING FOR THE SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL'S MARKETING PROGRAM. (S-3) Council Member Marks made a motion; seconded by Council Member Reilly and unanimously carried, that said resolutions be continued to January 5, 1987, in the Council Chambers of City Hall, 31313 North "D" Street, San Bernardino, California: ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SECTION 18.413:1613 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 18.413.1613 SUBSECTION C PARAGRAPH 2. (22) (Continued from earlier in the meeting: See page 11) City Attorney Prince recommended that said ordinance be amended by changing the language on line 13; page 1, to read ". . the Fire Chief may recommend approval of any such map with only one standard access when the property is outside the high fire hazard area and based on the appropriate traffic engineering study approved by the Traffic Engineer, secondary access is not required for traffic circulation purposes:" 33 12/23/86 The Mayor and Council discussed the proposed language and suggested that a provision that the Planning Commis~ sion shall make its recommendation to the Mayor and Common Council for final determination be inserted: Council Member Strickler made a motion; _seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the ordinance be waived and said ordinance be laid over for final passage: GENERAL REPORTS AND CORRESPONDENCE Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried; that the following item be filed: (35) a. City's Investment Portfolio as of October 31; 1986 ~ Craig A: Graves; City Treasurer: TIRE BURNING PLANT City Attorney Prince explained that the South Coast Air Quality Management District staff had denied a permit last summer for the proposed tire burning plant in the City of Rialto: The developer appealed to the Air Quality Management District Hearing Board: The Board on December 21; 1986; granted the permit to construct it and set a hearing for January 7, 1987 to decide what conditions should be imposed: (New Business) Mr. Pr ince stated that his office had consulted with the County Counsel's Office and that office is conferring with the Attorney General's Office regarding possible future action; including court action to prevent the con~ struction of this plant. The Mayor and Council discussed what action would be appropriate to indicate the City's opposition to the pro~ posed plant construction. Council Member Strickler made a motion; seconded by Council Member Reilly and unanimously carried; that the City Attorney be authorized to confer with the County Counsel and take whatever action is necessary to indicate the City's opposition to this matter. RECESS MEETING - CLOSED SESSION At 113:13 a:m:, Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that the Adjourned Regular Meeting of the Mayor and Common Council recess to a Closed Session pursuant to Government Code section 54956:9(a) to confer with its attorney re- garding pending litigation which has been initiated formally and to which the City is a party. The titles of the litigation are (1) Black v: City, Superior Court No: 2134513; (2) Ortiz v. City, Superior Court No. 219454; (3) Reschke v. Towery, et al., Superior Court No. 227827; (4) We~tern~~ire Savinqs and Loan Association v. Dunn Dela- ware Corporation, et al., Superior Court No. 47 86 92; and (5) Wa~!!._~_s::.i.!.L~an_~ernardino, Superior Court No. 199364; and Government Code Section 54957 to discuss Per- sonnel Matters. (34) CLOSED SESSION At 113:313 a.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers of City Hall, 31313 North "D" Street, San Bernardino, Cali- fornia. 34 12/23/86 ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Reilly, Marks, Frazier, Strickler; City Attorney Prince; City Administrator Schweitzer: Absent: Council Members Estrada; Hernandez; Quiel; Deputy City Clerk Reese: Also present: Assistant City Attorney Sabourin; Richard Bennecke; Administrative Assistant to the Mayor: DEPUTY CITY CLERK REESE ARRIVED At 113:313 a:m.; Deputy City Clerk Reese arrived at the Closed Session: ADJOURN CLOSED SESSION At 113:45 a:m:, the Closed Session adjourned to the Adjourned Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 31313 North "D" Street, San Bernardino, California. RECONVENE MEETING At 113:45 a:m:; the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Council Cham- bers of City Hall; 31313 North "D" Street; San Bernardino; California: ROLL CALL Roll Call was taken by Deputy City Clerk Reese with the following being present: Mayor wilcox; Council Mem':' bers Reilly, Marks, Frazier, Strickler; City Attorney Prince; Deputy City Clerk Reese; City Administrator Schweitzer: Absent: Council Members Estrada; Hernandez; Quiel: RES. 86~528 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PAYMENT OF JUDGMENT IN THE WALSH V: CITY OF SAN BERNARDINO LAWSUIT: (34) Deputy City Clerk Reese read the title of the resolu- tion: Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said reso- lution be adopted: Resolution No. 86-528 was adopted vote: Ayes: Council Members Reilly, Strickler. Noes: None. Absent: Estrada; Hernandez, Quiel: by the following Marks, Frazier; Council Members RES. 86-529 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MUTUAL RELEASE BETWEEN WESTERN EMPIRE SAV- INGS AND LOAN ASSOCIATION AND THE CITY OF SAN BERNARDINO. Deputy City Clerk Reese read the title of the resolu- tion. Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said reso- lution be adopted. Resolution No. 86-529 was adopted vote: Ayes: Council Members Reilly; Strickler. Noes: None. Absent: Estrada; Hernandez, Quiel: by the following Marks, Frazier, Council Members 35 12/23/86 ADJOURNMENT At 113:45 a:m:, Council Member Reilly made a motion; seconded by Council Member Frazier and unanimously car- ried; that the Adjourned Regular Meeting of the Mayor and Common Council be adjourned to Monday; January 5; 19B7; in the Council Chambers of City Hall; 31313 North "D" Street; San Bernardino; California: Af>>// 7'1,7 d.a~ / Ci ty Clerk &, . '* . I(,J/Z-UJ ~.J Deputy ci y Clerk 58 Items 10 hours 36 12/23/86