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HomeMy WebLinkAbout10-21-1985 Minutes City of San Bernardino, California October 21, 1985 . The 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., Monday, October 21, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Reverend Gertrude M. Whetzel, God's Great Cause Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Nancy Nelson and Robert Chapman, California Conservation Corps, San Ber- nardino Center. . ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler; Assistant City Attorney Sabourin, City Clerk Clark, City Administrator Matzer. Absent: Council Member Quiel. PROCLAMATION - HEAD INJURY AWARENESS MONTH OCTOBER, 1985 Richard Bennecke, Administrative Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, proclaiming the month of October, 1985, as Head Injury Awareness Month. Dr. Kenneth Fisher, Ph.D., co-founder of the support group for the Southern California Head Injury Foundation, and Richard Eisenberg, Executive Director, Southern Cal- ifornia Head Injury Foundation, were present to accept the proclamation. . RESOLUTION COMMENDING WILLIAM RABENALDT RETIRING CHAIRMAN OF THE PRIVATE INDUSTRY COUNCIL Richard Bennecke, Administrative Assistant to the Mayor, read a resolution of the Mayor, commending william Rabenaldt, Chairman of the Private Industry Council, upon his retirement, for his years of faithful and loyal ser- vice to the City of San Bernardino. William Rabenaldt, Chairman of the Private Industry Council, was present to accept the resolution from Mayor Wilcox. PRESENTATION FROM MUSCULAR DYSTROPHY ASSOCIATION TO THE SAN BERNARDINO FIRE DEPARTMENT John Guile, Muscular Dystrophy Association, presented a plaque of appreciation to the San Bernardino Fire Department for their fund raising efforts on behalf of the Muscular Dystrophy Association. Engineers Tom Parlett, Skip Kulikoff and Al Simpson of the Fire Department were present to accept the plaque of appreciation. . COUNCIL MINUTES - SEPTEMBER 9, 1985 CONTINUED FROM OCTOBER 7, 1985 Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to con- tinue the matter of approving the minutes of the meeting . of the Mayor and Common Council of the City of San Ber- nardino held on the 9th of September, 1985, until November 4, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (1) COUNCIL MINUTES - SEPTEMBER 30, 1985 Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to con- tinue the matter of approving the minutes of the meeting of the Mayor and Common Council of the City of San Ber- nardino held on the 30th of September, 1985, until Novem- ber 4, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (3) COUNCIL MINUTES - OCTOBER 4, 1985 Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to con- tinue the matter of approving the minutes of the meeting of the Mayor and Common Council of the City of San Ber- nardino held on the 4th of October, 1985, until November 4, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (4) . COUNCIL MEMBERS REILLY AND MARKS EXCUSED Council Members Reilly and Marks left the Council Meeting. APPROVE MINUTES - SEPTEMBER 23, 1985 Council Member Strickler made a motion, seconded by Council Member Estrada 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 23rd of Septem- ber, 1985, as submitted in typewritten form. (2) APPROVE MINUTES - OCTOBER 7, 1985 Council Member Strickler made a motion, seconded by Council Member Estrada 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 7th day of October, 1985, as submitted in typewritten form. (5) . APPROVAL AND ACCEPTANCE OF WORK - AL GUHIN PARK - BOB BRITTON, INC. In a memorandum dated October 7, 1985, Roger Hardgrave, Director of Public Works/Engineering, stated that the work performed by Bob Britton, Inc., grading, irrigation and hydrospraying of the lawn at Al Guhin Park, per Plan No. 6626, was satisfactorily completed as of October 4, 1985. (6) Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that the work performed by the Contractor, Bob Britton, Inc., in accordance with Specification No. 6626, be approved and accepted; and that final payment be authorized at the expiration of the lien period. CLAIMS AND PAYROLL Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, to approve demands against the City and authorize the issuance of warrants as follows: (7) 1. Approve the register September 30, 1985 October 7, 1985 of demands 85/86 #9 85/86 #10 dated: $1,068,490.87 $1,265,967.94 . 2. Approve a supplement to the total gross payroll for the period September 2, 1985, through September 15, 1985, in the amount of $4,517.09. 2 10/21/85 . 3. Approve the total gross payroll for the period September 16, 1985, through September 29, 1985, in the amount of $1,144,384.77. COUNCIL MEMBERS REILLY AND MARKS RETURNED Council Members Reilly and Marks returned to the Council Meeting and took their places at the Council table. PERSONNEL ACTIONS Council Member Hernandez made a motion, seconded by Council Member Estrada and unanimously carried, that the Personnel actions submitted by the Director of Personnel in accordance with all administrative regulations of the City of San Bernardino, be approved and ratified as listed. (This item was later reconsidered - See Page 19). (8) APPOINTMENTS Public Services/Refuse Judith M. Adams - Intermediate Typist Clerk - Effective October 22, 1985 . Police Cheryl Marie Braddy - Dispatcher I - Effective October 22, 1985 Finance Kathleen Ross - Composition & Layout Clerk - Effective October 22, 1985 City Attorney Cynthia Grace - Deputy City Attorney II Effective November 4, 1985 Mayor's Office Roseann Mulhollen - Senior Stenographer Clerk - Effective October 22, 1985 TEMPORARY APPOINTMENTS . Parks, Recreation & Community Services Richard Cummings - Senior Recreation leader - Effective October 22, 1985 Lorena Harris - Kitchen Helper - Effective October 22, 1985 Dolores Mercado - Recreation Aide/Part-Time - Effective October 22, 1985 Rebecca Price - Senior Recreation Leader - Effective October 22, 1985 Frances Rosales - Kitchen Helper - Effective October 22, 1985 Christine Wells - Recreation Specialist/part-Time - Effective October 22, 1985 . Public Buildings Custodial Aide III I rv i ng Boyd Moreno Singletary Roberto Z. Lopez - Effective October 22, 1985 Lucious McGilberry Billy Tarkington Frank N. Lopez - Custodial Aide III - Effective October 8, 1985 3 10/21/85 Armando Martinez - Custodial Aide I - Effective October 14, 1985 . John R. Montecino - Senior Security Officer/ Part-Time - Effective - October 30, 1985 Clifford Scoggins - Security Officer/Part-Time - Effective October 3, 1985 PROVISIONAL APPOINTMENT Police Tonya Burright - Account Clerk II - Effective September 30, 1985 Public Works David S. Eickhoff - Jr. Engineering Aide - Effective October 14, 1985 PROMOTIONS . Police Arnold F. Blechinger - Chief Dispatcher (MM) - Effective October 22, 1985 (Reconsidered - See Page 19) Deborah R. Brown - Dispatcher Supervisor (MM) - Effective October 22, 1985 LEAVE OF ABSENCE/WITHOUT PAY Police Christine Bristol - Subpoena Clerk - Effective November 4, 1985 . APPEAL HEARING - PLANNING COMMISSION'S DECISION - DENIAL - VARIANCE NO. 84-16 - EXPAND EXISTING NONCONFORMING AUTOMOBILE IMPOUND YARD - 10TH AND "E" STREETS - CONTINUED FROM SEPTEMBER 23, 1985 This is the time and place continued to for consid- eration of an appeal filed by Gerald M. and Mary E. Lair, dba City Towing, on the Planning Commission's decision of denial for Variance 84-16 to expand an existing noncon- forming automobile impound yard at the northwest corner of 10th and "E" Streets. (9) Council Member Reilly stated his wish to abstain from this item due to a possible conflict of interest. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. Assistant City Attorney Sabourin answered questions concerning the proposed agreement between the City of San Bernardino and Mr. and Mrs. Lair. (No action taken; item continued to afternoon ses- sion. See Page 11) . APPEAL HEARING - PLANNING COMMISSION'S DECISION - REVOCATION OF SIGN PERMIT NOS. 61024 AND 61025 - 512 E. REDLANDS BLVD. - 455 W. FIFTH STREET - GANNETT OUTDOOR CO, INC. This is the time and place set to hear an appeal by Gannett Outdoor Co., Inc., concerning the denial by the Planning Commission of Sign Permit Nos. 61024 and 61025 for the construction of a new, painted bulletin at 215 E. Redlands Blvd., and the demolition of one billboard located at 455 W. Fifth Street. (10) 4 10/21/85 . Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that the appeal hearing on the Planning Commission's denial of Sign Permit Nos. 61024 and 61025 be continued to Monday, November 4, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council table. CITY-WIDE MINI-STORAGE FACILITIES SURVEY In a memorandum dated October 15, 1985, Planning Director Schuma presented a report regarding a City-Wide Mini-Storage Facilities Survey. (11) Council Member Frazier made a motion, seconded by Council Member Reilly, that the Mini-Storage Facilities Report be received and filed. . Planning Director Schuma answered questions concerning the designation of land for mini-storage facilities and prohibiting mini-storage facilities in C-3A Limited General Commercial zones. Council Member Frazier rescinded his motion that the Mini-Storage Facilities Report be received and filed. Council Member Strickler made a motion, seconded by Council Member Reilly, that the matter of city-wide mini- storage facilities be referred back to staff, and that the Planning Commission is to come back with a recommendation concerning how to implement the policy indicated within a reasonable length of time, 30 to 45 days. . Council Member Marks made a substitute motion, seconded by Council Member Strickler and unanimously carried, that the matter of city-wide mini-storage facilities be referred back to the Planning Commission with the guideline that the Commission is to identify and establish specific prime commercial zonings throughout the City of San Bernardino that would be off limits to mini- storage development, and that the matter be continued to Monday, November 18, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, TO PROVIDE THAT SUCH COMPANY SHALL FURNISH ADMINISTRATIVE SERVICES AND STOP LOSS INSURANCE RELATIVE TO THE CITY'S HEALTH PROGRAM FOR ITS EMPLOYEES. (35) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that further reading of the resolution be waived. City Administrator Matzer answered regarding cities that are self-insured. questions . Director of Personnel perlick answered questions concerning the City of San Bernardino Employees' Health Plan Administration and Insurance Services, and stated that it is the recommendation of the City's Insurance Committee to change the insurance plan. 5 10/21/85 . Health Plan Consultant Mike Baker, The Wyatt Company, gave a presentation, recommending that the City contract the John Hancock Mutual Life Insurance Company to provide administrative services and stop-loss insurance for the City's self-funded health plan. Regional Manager Patrick Laurie, Blue Cross, gave a presentation, recommending that the City continue to contract with Blue Cross to administer and insure the Employee Health Plan. Council Member Hernandez made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be continued, and that the matter be referred to the Personnel Committee to report back to the Council at the Regular Meeting of the Mayor and Common Council to be held 9:00 a.m., Monday, November 4,1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. RECESS MEETING At 11: 12 a.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino recessed. . RECONVENE MEETING At 11: 20 a.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Frazier, Strickler; Assistant City Attorney Sabourin, City Clerk Clark, City Administrator Matzer. Absent: Council Members Marks and Quiel. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman wilcox in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . APPROVAL - NEW CENTRAL LIBRARY CONSTRUCTION - RIVERSIDE CONSTRUCTION COMPANY - CHANGE ORDER NO. THREE In a memorandum dated Hardgrave, Director of Public changes of construction of Central Library in accordance October 10, 1985, Roger Works/Engineering, itemized on-site work for the New with Plan No. 6457. (R-2) Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that Change Order No. Three to the contract with Riverside Construction, Inc. for construction of on-site work for the New Central Library, in accordance with Plan No. 6457, be approved to authorize payment for various items of work, at an increase in contract price of $3,582.37, from $292,745.00 to $296,327.37. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council table. . TEFRA PUBLIC HEARING - INDUSTRIAL DEVELOPMENT BOND APPLICATION - SIMA PARTNERSHIP NO. II This is the time and place set for a TEFRA Public Hearing to consider an application for an Industrial Development Bond from SIMA Partnership Number II. (R-5). 6 10/21/85 . Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, to continue the TEFRA Public Hearing to consider an application for an Industrial Development Bond from SIMA Partnership Number II to Monday, November 4, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino California. RES. 85-413 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FINDING THAT CERTAIN AMENDMENTS TO AN APPLICATION FOR INDUSTRIAL DEVELOPMENT BOND FINANCING HAVE BEEN SUBMITTED BY SOUTH POINTE IV, A CALIFORNIA GENERAL PARTNERSHIP; APPROVING SAID AMENDMENTS; AND AMENDING RESOLUTION NO. 83-431. (R-6a) City Clerk Clark read the title of the resolution. Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. . Resolution No. 85-413 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quie1. RES. 85-414 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING. (R-6b) City Clerk Clark read the title of the resolution. Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. . vote: Marks, Member Resolution No. 85-414 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quie1. RES. 85-415 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BER- NARDINO, DECLARING ITS ELECTION TO HAVE THE $10,000,000 LIMITATION OF SECTION 103 (b) (6) (D) OF THE INTERNAL REVENUE CODE OF 1954, AS AMENDED, APPLY TO IT'S CITY OF SAN BERNARDINO, INDUSTRIAL DEVEL- OPMENT REFUNDING BONDS, SERIES 1985 (AND- RESON REFUNDING PROJECT), AND MAKING CER- TAIN DETERMINATIONS RELATING THERETO. (R-8) City Clerk Clark read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. . vote: Marks, Member Resolution No. 85-415 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. 7 10/21/85 . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $15,920,000 PRINCIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVENUE BONDS (NOBLE PROPERTIES, INC. PROJECT) (R-IO) City Clerk Clark read the title of the resolution. Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that said resolution be continued to Monday, November 4,1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. . RES. 85-416 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RATIFYING THE PUBLICATION OF A NOTICE SETTING A PUBLIC HEARING (GREAT AMERICAN FIRST SAVINGS BANK/THE OLYMPUS GROUP PROJECT) (R-12-a) City Clerk Clark read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of the resolution be waived. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions regarding the Bond Counsel's request that this project be reinduced as an Agency Bond issue. Council Member Strickler made a motion, seconded by Council Member Estrada, that said resolution be adopted. . Resolution No. 85-416 was adopted by the vote: Ayes: Council Members Estrada, Reilly, Strickler. Noes: Council Member Hernandez. Council Members Marks and Quiel. following Frazier, Absent: RES. 85-417 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING THE COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD REHABILITATION PROGRAM LOAN COLLECTION POLICY AND PROCEDURES. (R-13) City Clerk Clark read the title of the resolution. Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 85-417 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Members Marks and Quiel. . RES. 85-418 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE FAMILY SERVICE AGENCY. (R-14 ) 8 10/21/85 City Clerk Clark read the title of the resolution. . Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that further reading of the resolution be waived. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that Resolution No. 85-418 be amended by interdelineation to fund the agreement between the City of San Bernardino and the Family Service Agency; that a separate resolution be prepared to fund the agreement between the City of San Bernardino and the Attitudinal Center for Enrichment, and that said resolution be adopted. Resolution No. 85-418 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Members Marks and Quiel. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his seat at the Council table. . APPROVAL - CHANGE ORDER NO. ONE - CHANGING TIMES ENTERPRISES, INC. - SEWER MAINS - VALLEY TRUCK FARM AREA In a memorandum dated Hardgrave, Director of Public his recommendation of the installation of sewer mains in by Changing Times Enterprises, October 16, 1985, Roger Works/Engineering, stated changes per Plan 6714, the Valley Truck Farm Area Inc. (RS-2) Council Member Marks made a motion, seconded by Counci 1 Member Frazier and unanimously carr ied, that Change Order No. One to the contract with Changing Times Enterprises, Inc., for the construction of sanitary sewers in the Valley Truck Farm Area, in accordance with Plan No. 6744, be approved; to authorize the contractor to delete Additive Alternate No. Three of the contract and to delete all asphalt concrete paving to be placed in the medians on Waterman Avenue, at a new decrease to the contract price of $23,741.74, from $564,781.00 to $541,039.26. (This item was later reconsidered - See Page 10) . GRANTEE PERFORMANCE REPORTS - CDBG ENTITLEMENT - JOBS BILL In a memorandum dated October 10, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, referred to the Grantee Performance Reports, CDBG Entitlement, Jobs Bill. (RS-3) Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that the matter of receiving and filing the Grantee Performance Reports, CDBG Entitlement, Jobs Bill, be continued to Monday, November 4, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . ENTERPRISE ZONE - FINAL DRAFT APPLICATION - EIR/EIS REVIEW AND APPROVAL In a memorandum dated October 14, 1985, Executive Director Glenda Saul of the Redevelopment Agency submitted Final Draft Application Forms, Chapter 45, Statutes of 1984, The Enterprise Zone Act, and requested final approval of the application by the Mayor and Common Council on October 31, 1985. (RS-5a) 9 10/21/85 I . Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the date for review and approval of the Draft Final Application and Draft EIR/EIS be changed to November 1, 1985, at a Special Meeting of the Mayor and Common Council, to be held in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING INCENTIVES TO BE GRANTED CERTAIN BUSINESSES AND CERTAIN RESIDENTIAL CONSTRUCTION WITHIN THE ENTERPRISE ZONE. FIRST (RS-5b) City Clerk Clark read the title of the ordinance. Executive Director of the Redevelopment Agency Glenda Saul answered questions regarding demolition of structures within the Enterprise Zone as opposed to bringing the property to code. Senior Assistant City Attorney Briggs answered questions regarding the working of the ordinance con- cerning rebates and waiving of fees. . Discussion was held concerning the review of the results of incentives on the impact of development in the commercial-designated area of the Enterprise Zone, with an eye towards enhancing the incentive package and the time period of the incentives. Nat Nicks, Owner of a business located within the Enterprise Zone, spoke regarding the boundaries of the Enterprise Zone. George Aguilar, Inland Empire Chamber of Commerce and developer, spoke concerning the period of time needed in order to get Redevelopment loans, purchase property and put together a package before building can commence. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that said ordinance be continued until the afternoon session. (See Page 12) . COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. RECONSIDERATION - APPROVAL - CHANGE ORDER NO. ONE - CHANGING TIMES ENTERPRISES, INC. - SEWER MAINS - VALLEY TRUCK FARM AREA Council Member Reilly made a motion, seconded by Council Member Frazier and unanimously carried, to recon- sider the matter stated in a memorandum dated October 16, 1985, from Director of Public Works/Engineering Roger Hardgrave, concerning changes per Plan 6714, installation of sewer mains in the Valley Truck Farm Area by Changing Times Enterprise, Inc. (See Page 9) (RS-2) Discussion was held concerning the credit of $3,880.00, which would be realized by deleting the pave- ment to be placed in the medians on Waterman Avenue, and the prospect of using these funds toward landscaping the medians to help beautify this arterial. . Council Member Reilly made a motion, seconded by Council Member Frazier and unanimously carried, that the concept of using the credit of $3,880 toward landscaping the medians to help beautify Waterman Avenue be referred back to Community Development. 10 10/21/85 COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned Meeting and took her place at the Council to the table. Council . CLOSED SESSION Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess at 12:45 p.m. to a Closed Session under authority of Govern- ment Code Section 54957.6 regarding labor relations matters, and Section 54957 regarding personnel matters. ROLL CALL The Closed Session was called to order in the Man- agement Information Center Room of City Hall and Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler; Deputy City Attorney Sabourin, City Clerk Clark, City Administrator Matzer. Absent: Council Member Quiel. . ADJOURN CLOSED SESSION At 2:35 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:35 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Frazier, Strickler; Deputy City Attorney Sabourin, City Clerk Clark, City Adminis- trator Matzer. Absent: Council Members Marks and Quiel. . APPEAL HEARING - PLANNING COMMISSION'S DECISION - DENIAL - VARIANCE NO. 84-16 - EXPAND EXISTING NONCONFORMING AUTOMOBILE IMPOUND YARD - 10TH AND "E" STREETS - GERALD M. & MARY E. LAIR - CONTINUED FROM EARLIER IN THE MEETING (See Page 4) This is the time and place continued to for consideration of an appeal filed by Gerald M. and Mary E. Lair, dba City Towing, on the Planning Commission's decision of denial for Variance 84-16 to expand an existing nonconforming automobile impound yard at the northwest corner of 10th and "E" Streets. (9) COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council table. Mike Cole, Owner, Arrowhead Auto Sales, 1010 "E" Street, spoke regarding the wall of the neighboring impound yard blocking the view of his business from the public, and future blocking of the view if trees are planted against the wall. . Deputy City Attorney stating that a permit was northern boundary line of permit for the remainder of Wilson answered questions, acquired for the wall on the the impound yard, and that a the wall is under question. 11 10/21/85 . council Member Hernandez made a motion, seconded by Council Member Frazier, that the appeal hearing on Variance 84-16 be continued to 9:00 a.m., Monday, November 18, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. Abstain: Council Member Reilly ORDINANCE OF THE CI'rY OF SAN BERNARDINO ESTABLISHING INCEN'l'IVES TO BE GRANTED CERTAIN BUSINESSES AND CERTAIN RESIDENTIAL CONSTRUC'rION ~1I'l'HIN 'fHE ENTERPRISE ZONE. (RS-5b) This is the time and place continued to for first reading of the proposed ordinance titled above. (See Page 10.) . Council Member Estrada made a motion, seconded by Council Member Marks, that any new or expanding, qualifying business coming into the Enterprise Zone within three years would have the benefit of three years of incentives and rebates. Discussion was held concerning the number of years a business would have to apply for three years of incentives and rebates. Council Member Hernandez made a substitute motion, seconded by Council Member Frazier, that any new or expan- ding, qualifying business coming into the Enterprise Zone within four years would have the benefit of three years of incentives and rebates. The motion carried by the following vote: Ayes: Council Members Estrada, Hernandez, Frazier, Strickler. Noes: Council Members Reilly and Marks. Absent: Council Member Quiel. Discussion was held concerning the Enterprise Zone Application to the State of California. . Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that the previous motion concerning the Enterprise Zone be reconsidered. Council l'1ember Hernandez made a substitute motion, seconded by Council Member Frazier and unanimously carried that any new or expanding, qualifying business coming into the Enterprise Zone within four years would have three years of incentives and rebates. Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, to include the following language to amend the ordinance regarding the Enterprise Zone: "that it is the intent of the City to analyze the impact of the tax rebates on the designated commercial areas of the Enterprise Zone, a review and analysis period will occur no later than the end of the fourth year of the life of the Enterprise Zone, at which time the Council will consider taking needed steps to enhance the overall enhancement strategies of the desig- nated area. II l1inutes clRrified. See minutes of l?/"3/RS. . 12 10/21/85 . APPEAL HEARING ~ BOARD OF BUILDING COMMISSIONERS' ORDER OF ABATEMENT - 5055 DAVID WAY - DAVID HATFIELD - CONTINUED FROM OCTOBER 7, 1985 This is the time and place continued to for hearing an appeal filed by Attorney Richard Andrews on behalf of David Hatfield concerning the Board of Building Commis- sioners' Order of Abatement on property located at 5055 David Way. The appeal concerns Mr. Hatfield's refusal to submit plans to City departments for approval, on the grounds the plans are a trade secret and would become public information if submitted to the Building and Safety Department for approval. (16) Rafael Soriano, a licensed architect, stated he has visited David Hatfield's construction site on David Way, and has studied the drawings and ideas concerning the structure. He stated he found nothing dangerous to the public and no violations to code at the construction site. . Jack Rosebraugh, Superintendent of Building and Safety, stated his department has been dealing with the problem of construction by Mr. Hatfield without a permit for four years. He further stated that two sets of plans are required to start the permit process. Mike Perbix, Deputy City Attorney, stated he has met with Mr. Hatfield concerning this matter, and that Mr. Hatfield insists he will not comply at any time with the City's request that he submit plans of his structure. Discussion was held concerning the intended use of the building. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the hearing on the Board of Building Commissioners' Order of Abatement at 5055 David Way be continued to Monday, November 4, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, in order for the City Attorney to meet with Mr. Hatfield and Attorney Andrews. . PALM FIELD - 888 E. SIXTH STREET - RETROFITTING SOFTBALL LIGHT FIXTURES - POLE RELOCATION AND ELIMINATIONS - NEW CONTROL STATIONS AND CONTROL CLOCK In a memorandum dated October 2, 1985, Planning Director Schuma made a project description and analysis concerning needed modifications to Palm Field, 888 E. Sixth Street. (12) Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, to adopt the Categorical Exemption, Section 15301, Class 1, to replace existing incandescent ballfield light fixtures with 1,000 WM.H. fixtures, relocate one outfield pole, eliminate three other poles, install new control stations and control clock. HILLCREST PARK - REHABILITATION - HILL DRIVE - BETWEEN "E" AND ACACIA STREETS In a memorandum dated October 2, 1985, Planning Director Frank Schuma made a project description and analysis of the rehabilitation of Hillcrest Park, Hill Drive, between "E" and Acacia Streets. (13) . Discussion was held concerning the processing of categorical applications and satisfying the environmental review record. 13 10/21/85 . Council Member Reilly made a motion, seconded by Council Member Frazier and unanimously carried, to adopt the Categorical Exemption, Section 15304, Class 4, for the rehabilitation of a 1.53 acre park to include grading, installation of automatic irrigation system, soil preparation, seeding, landscaping, concrete picnic tables, handicap drinking fountain and fencing to secure the park from private land. PATTON PARK SOUTH - CONVERSION OF VACANT LAND TO CITY PARK In a memorandum dated October 2, 1985, Planning Director Frank Schuma presented a project description and analysis concerning the conversion of vacant land to City park at Patton Park South, Arden and Pacific Streets. (14) Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, to adopt the Negative Declaration for the rehabilitation and development of a 14.4 acre site to include clearing, grubbing, grading, automatic irrigation system, soil preparation, seeding, concrete picnic tables and hancicap drinking fountain. . NICHOLSON PARK - 2737 W. SECOND STREET - RETROFITTING BALLFIELD LIGHT FIXTURES - POLE RELOCATION AND ELIMINATIONS - NEW CONTROL STATIONS AND CONTROL CLOCK In a memorandum dated October 2,1985, Planning Director Schuma presented a project description and analysis concerning the needed modifications to Nicholson Park, 2737 E. Second Street. (15) Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, to adopt the Categorical Exemption, Section 15301, Class 1, to replace existing incandescent ballfield light fixtures with 1,000 WM.H. fixtures, relocate two outfield poles and eliminate two others, install new control stations and time clock. . SENIOR CITIZEN CENTERS STUDY - PARKS, RECREATION & COMMUNITY SERVICES - CONTINUED FROM OCTOBER 7, 1985 In a report dated October 14, 1985, by Annie Ramos, Director of Parks, Recreation and Community Services, a study was made of the need for Senior Centers city wide, as requested by the Mayor and Common Council at their meeting of August 26, 1985. (17) Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, to receive and file the Report/Study on the Need of Senior Citizen Centers throughout the City of San Bernardino. HIGHLAND AREA PLAN - OCTOBER 7, 1985 This is the time discussion on the Highland CONTINUED FROM and place continued Area Plan. to (18 ) for Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that discussion on the Highland Area Plan be continued until Monday, November 4, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . 14 10/21/85 . APPOINTMENTS - CHERYL MINTER-BROWN - ROY N. NIERMAN - PLANNING COMMISSION In separate memorandums from Mayor Wilcox, approval of the Common Council was requested for the appointments of Cheryl Minter-Brown and Roy N. Nierman to the Planning Commission. (19) Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, to approve the appointments of Cheryl Minter-Brown, 1583 W. Baseline, San Bernardino, California 92410, and Roy N. Nierman, 1887 Business Center Drive, San Bernardino, California 92408, to the Planning Commission. LEGISLATIVE REVIEW COMMITTEE REPORT MEETING OF OCTOBER 15, 1985 Council Member Strickler, Chairman of the Legislative Review Committee, presented the report of the Legislative Review Committee Meeting held on October 15, 1985. The following items were discussed: (21) . 1. Utility Tax Exemptions - Discussion ensued on the possibility of originating a program that will automati- cally (on anniversary date) furnish an application to citizens who are eligible for a Utility Tax Exemption. Issue was referred to Mr. Warren Knudson for study, co- ordination with the utility companies and report back within thirty days. 2. LandTech, Inc. re Sun pointe Village - School Impaction - Committee recommends approval of LandTech's request-for exemption, giving LandTech thirty days to complete all necessary documents. 3. Ordinance Granting the Authority to Make Emer- gency Purchases - Item tabled. Ordinance eliminating requirement of second publi- cation of bids and authorizing purchasing Agent to estab- lish/maintain list of suppliers and to mail requests for bids. Item tabled. . 4. Ordinance - Increasing Expenditure Limitations, from $4,000 to $5,000, for Public Project which must be Contracted for - Committee recommended approval. 5. Review of Municipal Code Sections 19.62.050 and 19.62.060 re Fences, Hedges, Walls - Item referred to PlannTng Director for review and recommendation to Committee. 6. Sprinkler Ordinance - Item continued. 7. Bingo - Municipal Code Changes - Item referred to City Attorney for review and coordination with all affected parties, to include Bingo Operators Association, State League and local police and return to the Committee. 8. Mall Landscaping - No action taken. Information indicates matter was expeditiously taken care of. Discussion was held concerning the language in the ordinance requiring a purchasing Agent to declare the price for goods on the open market as reasonable, not changing the fact that prices must go to formal competi- tive bid. . Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the report of the Legislative Review Committee meeting held October 15, 1985, be received and filed. 15 10/21/85 . SOLID WASTE COMMITTEE MEETING REPORT ~ OCTOBER 15, 1985 Council Member Strickler, Chairman of the Solid Waste Committee presented the report of the Solid Waste Com- mittee Meeting held on October 15, 1985, at which time the following item was discussed: (22) Public Services Director Manuel Moreno, Jr. briefed the Solid Waste Committee on the Solid Waste Master Plan and the Waste to Energy Memorandum of Understanding. The Committee recommended that copies of the Memorandum of Understanding be forwarded to each Council Member for review and that Mr. Moreno brief them all, individually or collectively, prior to the first Council Meeting in November, at which time the recommendation will be for approval of the County Solid Waste Master Plan Resolution. Public Services Director Manuel Moreno, Jr. answered questions regarding the Solid Waste Management Master Plan, which encompasses all cities within the County. . Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the report of the Solid Waste Committee meeting held October 15, 1985, be received and filed. WAYS AND MEANS COMMITTEE MEETING REPORTS - SEPTEMBER 19 AND 20, 1985 - CONTINUED FROM SEPTEMBER 23, 1985 Council Member Marks, Chairman of the Ways and Means Committee, presented the written reports of the Ways and Means Committee Meetings held September 19 and 20, 1985, as orally entered into the minutes of the Adjourned Regular Meeting of the Mayor and Common Counci 1 held September 23, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (See page 24 of the minutes of the September 23, 1985, meeting.) (20) The fOllowing items were discussed at the September 19, 1985, meeting of the Ways and Means Committee: . 1. Hospitality Lane Extension 2. Southeast Industrial Report - Fire Station/Fire Services 3. Density Bonus Report 4. Business License Fee Review Facility Mini-Storage 5. City Investment policy 6. Procurement and Bidding Practices 7. Neighborhood Justice Center 8. Three-Year Analysis of Social Service and Promotion and publicity Payments The following was discussed at the September 20, 1985, meeting of the Ways and Means Committee: 1. Enterprise Zone . Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the written reports of the Ways and Means Committee Meeting held September 19 and 20, 1985, be received and filed. 16 10/21/85 . AUTHORIZATION - PRELIMINARY ENGINEERING - INSTALLATION OF TRAFFIC SIGNALS - MILL AND "G" STREETS In a memorandum dated October 9, 1985, Roger Hardgrave, Director of Public Works/Engineering, presented a Staff Report concerning the installation of traffic signals at Mill and "G" Streets. (23) Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that the City Engineer be authorized to prepare the plans, specifi- cations and estimate installation of traffic signals at Mill Street and "G" Street, with the costs financed from the payment of $12,500 by the developer of Parcel Map No. 9506. AUTHORIZATION - CENTRAL CITY COMPANY TO ENCROACH INTO MALL AREA In a memorandum dated October 10, 1985, Director of Public Works/Engineering Roger Hardgrave, presented a Staff Report concerning a request from the Central City Mall Company for permission to have the store fronts encroach into the mall to the front edge of the columns. (24) . Salvatore F. Catalano, General Manager, Central City Company, spoke regarding a proposed, phased remodeling program. Counc i 1 Membe r Ma rk s made a mot i on, seconded by Council Member Hernandez and unanimously carried, that the matter concerning the request from the Central City Mall Company for permission to have the store fronts encroach into the mall to the front edge of the columns be referred to the Ways and Means Committee for the cost impact. . APPROVAL - CHANGE ORDER NO. ONE - KASLER CORPORATION - TIPPECANOE AVENUE BRIDGE OVER SANTA ANA RIVER - REMOVAL AND REPLACEMENT OF MATERIALS In a memorandum dated October 4, 1985, Roger Hard- grave, Director of Public WorkS/Engineering, presented Change Order No. One from Kasler Corporation, concerning the removal and replacement of material preventing piles from being driven for construction of the Tippecanoe Avenue bridge over the Santa Ana River. (25) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that Change Order No. One to the contract with Kasler Corpor- ation, for construction of the new Tippecanoe Avenue Bridge, in accordance with Plan No. 6358 be approved; to authorize payment for removing and replacing materials which prevented piles being driven at the north abutment of the bridge, at an increase to the contract price of $9,701.00, from $4,283,034.00 to $4,292,735.00. . APPROVAL - CHANGE ORDER NO. TWO - KASLER CORPORATION - TIPPECANOE AVENUE BRIDGE OVER SANTA ANA RIVER - CONSTRUCTION AND MAINTENANCE OF DETOUR In a memorandum dated october 4, 1985, Director of Public Works/Engineering Roger Hardgrave, presented Change Order No. Two from the Kasler Corporation, concerning the construction and maintenance of a detour through the con- struction area of the Tippecanoe Avenue Bridge over the Santa Ana River. (26) 17 10/21/85 . Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that Change Order No. Two to the contract with Kasler Corpor- ation, for construction of the new Tippecanoe Avenue Bridge in accordance with Plan No. 6358 be approved; to authorize payment for constructing and maintaining a detour through the construction area, at a net increase in the contract price of $10,700.00, from $4,292,735.00 to $4,303,435.00. APPROVAL - CHANGE ORDER NO. SEVEN - KASLER CORPORATION - TIPPECANOE AVENUE BRIDGE OVER SANTA ANA RIVER - CHANGE OF MATERIALS In a memorandum dated October 4, 1985, Director of Public works/Engineering Roger Hardgrave, presented Change Order No. Seven from the Kasler Corporation, concerning the changing of materials used to construct an apron at a culvert of the new Tippecanoe Avenue Bridge over the Santa Ana River. (27) . Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that Change Order No. Seven to the contract with Kasler Corporation, for construction of the new Tippecanoe Avenue Bridge, in accordance with Plan No. 6358, be approved; to authorize payment for changing the type of material to be used in the construction of an apron at a culvert from asphalt concrete to Portland Cement concrete, at an increase in the contract price of $290.00, from $4,303,435.00 to $4,303,725.00. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. STREET SWEEPING - POSTING OF SIGNS In a memorandum dated October 4, 1985, Council Member Estrada requested that the floor of the Council Meeting be opened for discussion concerning street sweeping and the posting of streets for sweeping. (28) Director of Public Services Moreno, Jr. answered questions concerning sign posting requirements, notifi- cation of street sweeping and methods of notifying occupants that street sweepers are in operation in a given area and on-street parking problems. . Director of Public Services Moreno, Jr. was asked to meet with Council Members on an individual basis to identify problem areas and, if necessary, develop an ordinance concerning parking regulations during street sweeping hours. Council Member Estrada made a motion, seconded by Council Member Strickler and unanimously carried, to table the matter concerning posting of streets for sweeping. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council table. . APPEAL HEARING REQUEST - BOARD OF BUILDING COMMISSIONERS' DECISION - ORDER OF ABATEMENT - MANUEL B. ENRIQUEZ - 1139 w. 19TH STREET In a letter dated October 2, 1985, John R. Tindall, Attorney for Manuel B. Enriquez, requested that an appeal hearing be granted concerning the Board of Commissioners' decision for an Order of Abatement of property located at 1139 W. 19th Street. (29) 18 10/21/85 . Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that the appeal filed by John R. Tindall on behalf of Manuel B. Enriquez on the Board of Building Commissioners' decision to Order the Abatement of a structure at 1139 W. 19th Street be set for hearing on Monday, November 4, 1985, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONSIDERATION - PERSONNEL ACTIONS Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that the Personnel Actions submitted by the Director of Personnel be reconsidered. (8) Discussion was held Arnold F. Blechinger to Dispatcher Supervisor (MM). concerning the promotion of Chief Dispatcher (MM) from . Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that consideration of the promotion of Dispatcher Supervisor (MM) Arnold F. Blechinger to Chief Dispatcher (MM) be continued for two weeks until Monday, November 4, 1985, at 9:00 a.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. Council Member Marks 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, with the exception of Arnold F. Blechinger, be reconfirmed. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. . RES. 85-419 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITIES OF CHINO, COLTON, FONTANA, GRAND TERRACE, LOMA LINDA, MONTCLAIR, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO AND UPLAND CREATING A COUNTYWIDE TRANSPORTATION AUTHORITY TO BE KNOWN AS "OMNITRANS", AND PROVIDING THE OMNITRANS EMPLOYEES' SENIORITY RIGHTS SHALL BE AS APPROVED BY THE BOARD OF DIRECTORS OR AS SET FORTH IN AN APPLICABLE MEMORANDUM OF UNDERSTANDING. (31 ) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. Resolution No. 85-419 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Strickler. Noes: None. Absent: Council Members Quiel and Frazier. . 19 10/21/85 . RES. 85-420 - RESOLUTION OF THE CITY OF SAN BERNARD INO AMEND I NG RESOL UT I ON NO. 84-530 ENTITLED IN PART "RESOLUTION . . . ESTABLISHING GUIDELINES FOR TRANSFER OF SEWER CAPACITY RIGHTS . . ."; AND ADDING A PROVISION CONCERNING GUIDELINES TO REPURCHASE SEWER CAPACITY RIGHTS. (32) The City Clerk read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. Resolution No. 85-420 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Strickler. Noes: None. Absent: Council Members Quiel and Frazier. . RES. 85-421 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) TO ALLOCATE SB-325 FUNDS TO OMNITRANS FOR PUBLIC TRANSPORTATION SERVICES AND TO CLAIM SB-325 LOCAL STREETS AND ROADS FUNDS FOR THE CITY OF SAN BERNARDINO FOR FISCAL YEAR 1985-1986. (33 ) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, Council Member Strickler and unanimously further reading of the resolution be waived. seconded by carried, that Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. . Resolution No. 85-421 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Strickler. Noes: None. Absent: Council Members Quiel and Frazier. RES. 85-422 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "RESOLUTION . ESTABLISHING A BASIC COMPENSATION PLAN. . ."; ADJUST ING THE SALARY RATE FOR RECREATION SPECIALIST/PART-TIME FROM $4.75 TO $5.50 HR.; SENIOR RECREATION LEADER/ PART-TIME FROM $4.25 TO $4.75 HR.; RECREATION LEADER/PART-TIME FROM $3.70 TO $4.25 HR.; RECREATION AIDE/PART-TIME FROM $3.35 TO $3.75 HR.; SUPERVISING LIFEGUARD/ PART-TIME FROM $4.75 TO $5.50 HR.; SENIOR LIFEGUARD/PART-TIME FROM $4.25 TO $4.75 HR.; AND LIFEGUARD/PART-TIME FROM $3.70 TO $4.25 HR.; EFFECTIVE OCTOBER 28, 1985. (34) City Clerk Clark read the title of the resolution. . Council Member Marks made a motion, Council Member Reilly and unanimously caried, reading of the resolution be waived. seconded by that further 20 10/21/85 . council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. Resolution No. 85-422 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Strickler. Noes: None. Absent: Council Members Quiel and Frazier. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council RES. 85-423 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH SOUTHERN CALIFORNIA GAS COMPANY RELATING TO AN EXTENSION OF A BLANKET EXCAVATION PERMIT. (37) City Clerk Clark read the title of the resolution. . Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived. Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Marks, Member Resolution No. 85-423 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. RES. 85-424 - RESOLUTION OF THE CITY OF SAN BERNARD I NO AMEND I NG RESOL UT I ON NO. 85-143 ENTITLED IN PART "RESOLUTION. . . PROVIDING FOR THE ISSUANCE OF A SIX-MONTH BLANKET EXCAVATION PERMIT. .", AND AUTHORIZING THE ISSUANCE OF A SIX-MONTH BLANKET EXCAVATION PERMIT FOR SUCH PERIODS OF TIME AS MAY BE APPROVED BY AGREEMENT. (37b) City Clerk Clark read the title of the resolution. . Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived. Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Marks, Member Resolution No. 85-424 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. . RES. 85-425 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 40 LOCAL AGENCY FEDERAL-AIDE SAFETY IMPROVEMENT PROJECTS, BETWEEN SAID CITY AND THE STATE OF CAL I FORN I A, ACT I NG BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION. (38) City Clerk Clark read the title of the resolution. 21 10/21/85 . Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived. Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Marks, Member Resolution No. 85-425 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 10584 ENTITLED IN PART "A RESOLUTION. .ESTABLISHING.... EMPLOYER-EMPLOYEE RELATIONS. . ."; DELET- ING THE POSITIONS OF CITY ADMINISTRATOR, DEPUTY CITY ADMINISTRATOR AND PERSONNEL DIRECTOR FROM SECTION 17.1(A); TO AMEND SECTION 17.3 CHANGING TITLES OF SAFETY MANAGEMENT MEMBERS; TO ADD SECTION 17.4 DESIGNATING ADMINISTRATIVE EMPLOYEES. (36) . City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the proposed amendment to Resolution No. 10584, concerning the exclusion of City Administrator, Deputy City Administrator and Personnel Director from SBCMA representation be referred to the City Administrator. . RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE PARCEL MAP FOR SUBDIVISION PARCEL MAP 9266, LOCATED ON THE NORTH SIDE OF LYNWOOD DRIVE APPROXIMATELY 400 FEET WEST OF STERLING AVENUE, AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (40 ) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the matter concerning Subdivision Parcel Map 9266 be tabled. RES. 85-426 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO RESURFACING OF STERLING AVENUE, FROM BASELINE STREET TO HIGHLAND AVENUE. (39) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that further reading of the resolution be waived. . Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. 22 10/21/85 . Resolution No. 85-426 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 85-427 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE EXTENSION OF THE BOX CULVERT FOR MISSION CREEK AT TIPPECANOE AVENUE. (42) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that further reading of the resolution be waived. Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. . vote: Marks, Member Resolution No. 85-427 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. RES. 85-428 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO J & R LANDSCAPE MAINTENANCE COMPANY, INC., FOR MAINTENANCE OF LANDSCAPING IN PORTIONS OF AIRPORT DRIVE. (43) City Clerk Clark read the title of the resolution. Counc i 1 Member Ma rks made a mot i on, seconded by Council Member Frazier and unanimously carried, that further reading of the resolution be waived. Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. . Resolution. No. 85-428 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. RES. 85-429 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF NEW STANDARD FORM AGREEMENT AND RELEASE OF THE EXISTING AGREEMENT RELATING TO THE IMPROVEMENTS TO BE INSTALLED IN TRACT NO. 11883, LOCATED NORTHEASTERLY CORNER OF RANDALL AVENUE AND EUCALYPTUS AVENUE. (41) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. . Resolution No. 85-429 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Members Reilly and Quiel. 23 10/21/85 . RES. 85-430 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A NEW STANDARD FORM AGREEMENT AND RELEASE OF THE EXISTING AGREEMENT RELATING TO THE IMPROVEMENTS TO BE INSTALLED IN PARCEL MAP NO. 6406 (M.S. 589), LOCATED ON THE SOUTHEAST CORNER OF COLUMBIA AND "G" STREET. (44 ) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 85-430 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Members Reilly and Quiel. . COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his seat at the Council table. RES. 85-431 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF A PUBLIC NUISANCE. (752 WEST 9TH STREET, 3199 NORTH CALIFORNIA STREET, 1663 WEST CLEVELAND, 2268 NORTH GENEVIEVE). (45 ) City Clerk Clark read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. vote: Marks, Member Resolution No. 85-431 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. . RES. 85-432 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 13200 ENTITLED IN PART "RESOLUTION. . . DESIGNATING CERTAIN STREET INTERSECTIONS WHERE AN OFFICIAL TRAFFIC CONTROL SIGNAL IS REQUIRED. ."; AND AUTHORIZING RE- MOVAL OF THE EXISTING TRAFFIC SIGNALS AT THE INTERSECTION OF THIRD STREET AND MT. VIEW AVENUE. (Cont i nued from October 7, 1985) (46) City Clerk Clark read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolution be waived and that said resolu- tion be adopted. . vote: Marks, Member Resolution No. 85-432 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. 24 10/21/85 . ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING INCENTIVES TO BE GRANTED TO CERTAIN BUSINESSES AND CERTAIN RESIDENTIAL CONSTRUCTION WITHIN THE ENTERPRISE ZONE, AND AMENDING TITLE 19 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR THE APPROVAL OF PLANNED RESIDENTIAL DEVELOPMENT DISTRICTS WITHIN COMMERCIAL ZONES IN ENTERPRISE ZONES, AND TO MODIFY SETBACK AND PARKING REQUIREMENTS IN ENTERPRISE ZONES. FIRST (47) City Clerk Clark read the title of the ordinance. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that first reading of the ordinance be waived, that the ordinance be amended to incorporate the rebate language for commercial designated areas of the Enterprise Zone, and that said ordinance be laid over for final passage. . The Council Frazier, Quiel. motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Strickler. Noes: None. Absent: Council Member GENERAL REPORTS AND CORRESPONDENCE Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the following items be filed: (48) a. Civil Service Eligibility Lists for: Chief Dispatcher Lead Custodian b. City's Investment Portfolio - July 31, 1985 - Craig Graves, City Treasurer c. City's Investment Portfolio - August 31, 1985 - Craig Graves, City Treasurer d. Four alcoholic beverage applications for the following transferred licenses: . TRANSFERRED Steve G. Hall dba 4th & G Street Liquor 708A W. Fourth St. William Burns Jerry Follett dba Greenbriar 1259 E. Lynwood Dr. William Burns Jerry Follett dba Greenbriar (Caters permi t) 1259 E. Lynwood Dr. Churaisri & Nara Thongnamsap dba House of Siam 1180 E. Highland Avenue Off Sale General On Sale General On Sale General On Sale Beer PARK, RECREATION COMMUNITY SERVICES STUDY AD HOC COMMITTEE - PROGRESS REPORT Council Member Reilly, Chairman of the Park, Recreation Community Services Study Ad Hoc Committee, presented the minutes of the Park, Recreation Community Services Study Ad Hoc Committee Meeting held on October 17, 1985. (S-l) . 25 10/21/85 . Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the progress report of the Park, Recreation and Community Services Study Ad Hoc Committee be received and filed. PONDEROSA FIRE DAMAGE MUDSLIDES - DAVID WAY Council Member Marks Common Council to mitigate slides due to damage from Way area. - POTENTIAL AREA made a request of the Mayor and action against potential mud- the ponderosa Fire in the David (S-2) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to authorize and direct staff to proceed immediately with the reseeding of land damaged from the ponderosa Fire in the David Way area; not to exceed $1,000, to be paid out of appropriated reserve. . Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to authorize and direct the Mayor to request from the County Board of Supervisors formal inspection of the fire damage area, and that appropriate action be taken to shore up any deficiency. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all remaining resolutions on the Supplemental Agenda. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolutions on the Supplemental Agenda be waived. RES. 85-433 - RESOLUTION OF THE CITY OF SAN BERNARDINO OPPOSING THE RATE INCREASE REQUESTS SUBMITTED BY SOUTHERN CALIFORNIA WATER COMPANY TO THE PUBLIC UTILITIES COMMISSION TO CONSIDER WATER QUALITY AND PROVISION OF SERVICE STANDARDS AS CON- DITIONS TO ANY RATE RELIEF GRANTED. (S-3) . Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that said resolution be adopted. Resolution No. 85-433 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 85-434 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 10260, LOCATED NORTH OF HILL DRIVE AND WEST OF MAYFIELD 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. (S-4 ) . Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that said resolution be adopted. vote: Marks, Member Resolution No. 85-434 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. 26 10/21/85 . RES. 85-435 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT AND APPROVING CHANGE ORDER NO. ONE, TO REDLANDS PAVING, FOR STREET IMPROVEMENTS ON PORTIONS OF FIVE STREETS. (S-5) Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that said resolution be adopted. vote: Marks, Member Resolution No. 85-435 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Qu iel. Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that the transfer of $15,000 from Account No. 242-362-57361, "Widening of Highland Ave., east of Boulder", to Account No. 242-362-57357, "Widen Arrowhead, south of Highland", be approved. . 85-436 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WI TH THE COUNTY OF SAN BERNARDINO RELATING TO THE RESURFACING OF DEL ROSA AVENUE, FROM DATE STREET TO EUREKA STREET. (S-6a) Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that said resolution be adopted. Resolution No. 85-436 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 85-437 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE RESURFACING OF WATERMAN AVENUE, FROM HIGHLAND AVENUE TO 29TH STREET. (S-6b) . Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that said resolution be adopted. Resolution No. 85-437 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 85-438 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE PARCEL MAP FOR SUBDIVISION PARCEL MAP 8999, LOCATED ON THE EAST SIDE OF WATERMAN AVENUE AND THE NORTH SIDE OF MILL STREET, 230 FEET EAST OF WATERMAN 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. . Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. 27 10/21/85 . Resolution No. 85-438 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. COUNCIL CONFERENCE ROOM FURNITURE PURCHASE In a memorandum dated October 21, 1985, Council Member Strickler requested that $5,000 be appropriated from salary savings for the purchase of Conference Room furniture. Council Member Reilly made a motion, seconded by Council Member Frazier and unanimously carried, that $5,000 be appropriated from salary savings for the purchase of Conference Room furniture. . CITY EMPLOYEE LABOR NEGOTIATIONS - MEDIATION SERVICE Mayor wilcox stated that the City and the General Unit employees have mutually agreed to utilize the services of the State of California, Department of Industrial Relations Mediation Service, and the Impasse Process; that the date for the mediation proceeding has been mutually agreed to; and that the date will be October 29, 1985. ADJOURN MEETING At 5:00 p.m., Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, that the meeting be adjourned to Friday, November 1,1985, at 8:30 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ~;w/~/h ,/ City Clerk . . 28 10/21/85