Loading...
HomeMy WebLinkAbout09-08-1986 Minutes City of San Bernardino, California September 8, 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, September 1, 1986, in the Council Chambers of City Hall, 300 North "0" 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, September 1, 1986, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said Notice which was posted at 9:00 a.m., on Monday, September 1, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:05 a.m., on Monday, September 8, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Reverend Peter Covas of Our Lady of the Rosary Cathedral. PLEDGE OF ALLEGlfu~CE The Pledge of Allegiance was led by Council Member Quiel. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strick- ler; City Attorney Prince, City Clerk Clark, City Admini- strator Schweitzer. Absent: None. RESOLUTION - SAN BERNARDINO 43RD DISTRICT BIG LEAGUE ALL STAR BASEBALL TEAM Richard Bennecke, Administrative Assistant to the Mayor, read a resolution of the Mayor, corruTlending the San Bernardino 43rd District Big League All Star Baseball Team for their performance in winning the Western Regional Competition as representatives of the City. The members of the San Bernardino 43rd District Big League All Star Baseball Team were present to accept their resolutions. Craig Graves, City Treasurer, representing the San Bernardino 43rd District Big League All Star Baseball Team, presented a plaque to the Mayor and CoruTlon Council. RESOLUTION - HERIBERTO BERRONES Richard Bennecke, Administrative Assistant to the Mayor, read a resolution of the Mayor, commending Heri- berto Berrones for his return of a parcel found containing $6,000, which belonged to the Mexican Consulate. Heriberto Berrones was present to accept the reso- lution. SISTER CITY TACHIKAWA, JAPAN - MAYOR'S VISIT Mayor wilcox spoke of her recent trip to Sister City Tachikawa, Japan, at her own expense, and described sever- al highlights of her visit. She was able to make business contacts concerning the downtown hotel complex adjacent to the Convention Center. JOINT USE OF NORTON AIR FORCE BASE Council Member Marks stated that in conjunction with Agenda Item 29, a dinner meeting has been called for 5:00 to 7:00 p.m., this date, at the Mexico Restaurant, 892 E. Highland Avenue, San Bernardino, in order for the Mayor and Common Council, william E. Leonard, and General Allen of Norton Air Force Base, to discuss the joint use of Norton Air Force Base by the City. (27) Council Member Marks requested that discussion of the joint use of Norton Air Force Base be held after the din- ner meeting during the evening session of the meeting of the Mayor and Common Council. LOCATION OF DEPARTMENT HEADS Council Member Hernandez discussed his memorandum dated August 21, 1986, while serving as Mayor Pro Tempore, concerning his request that department heads and admini- strative staff establish a daily appointment schedule of their whereabouts for their staff. (New Business) Council Member Hernandez stated that he had tele- phoned several departments in City Hall and staff did not know the whereabouts of their department head. REAPPOINTMENT - KENNETH KELLY - FIRE COMMISSION In an undated memorandum, Mayor wilcox requested the reappointment of Kenneth Kelly, 636 "D" Street, San Ber- nardino, California 92401, to the Fire Commission. (New Business) Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that the reappointment of Kenneth Kelly to the Fire Commission, per Mayor Wilcox, be approved. (New Business) REAPPOINTMENT - EVERETT WHITE - FIRE COMMISSION In a memorandum dated August 25, 1986, Mayor wilcox requested the reappointment of Everett White, 677 Norbert Drive, San Bernardino, California 92404, to the Fire Commission. (New Business) Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that the reappointment of Everett White to the Fire Commission, per Mayor Wilcox, be approved. APPOINTMENT - JOE MORALES - SENIOR AFFAIRS COMMISSION In an undated memorandum, Mayor wilcox requested the appointment of Joe Morales, 1484 West Seventh Street, San Bernardino, California 92411, to the Senior Affairs Com- mission, on behalf of Council Member Estrada of the First Ward. (New Business) Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that the appointment of Joe Morales to the Senior Affairs Commis- sion, to represent the First Ward, be approved. 2 9/8/86 APPROVE MINUTES - AUGUST 18 AND 19, 1986 Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, to ap- prove the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 18th and 19th of August, 198b, as submitted in typewritten form. (2 ) CLAIMS AND PAYROLL Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, to ap- prove demands against the City and authorize the issuance of warrants as follows: (3) 1- Approve the register of demands dated: August 12, 1986 85/86 #55 $1,273,634.23 August 19, 1986 85/86 #S6 1,511,682.64 August 26, 1986 85/86 #57 739,595.27 2. Approve the total gross payroll for the period July 21, 1986, through August 3, 1986, in the amount of $1,272,097.05. Approve the total gross payroll for the period August 4, 1986, through August 17, 1986, in the amount of $1,279.772.60. PERSONNEL ACTIONS Council Member Frazier made a motion, seconded by Council Member Hernandez 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: (4) APPOINTMEN'rS Animal Control Animal Control Officer - Effective September 9, 1986 pamila Kay Cronkhite Shelly L. Jaarsma Building and Safety Jack G. Masters - General Building Inspector - Effective September 15, 1986 Finance Craig Scott - Accountant - Effective September 9, 1986 Police Department Police Officer - Effective September 9, 1986 Deborah Lynn Glenn Duane Evan Winchell APPOINTMENT - REHIRE Police Department Carmen Bernal - Junior Typist Clerk - Effective September 22, 1986 3 9/8/86 APPOIN'l'MENT - 'rEMPORARY Parks, Recreation and Community Services Hubert C. French - Senior Services Aide - Effective June 16, 1986 Renda Nash - Senior Services Aide - Effective September 9, 1986 Public Buildings Custodial Aide I - Effective September 9, 1986 - Kenneth E. Lewis Erik C. Sorensen Wilbur Murray SBETA Janet M. Jackson - Accountant - Effective September 9, 1986 Public Services/Refuse Extra Relief Heavy Laborer - August 20, 1986 Darnell Brown Elias P. Hernandez Courtney L. McGee Domingo Pasillas Andrew R. Romo Paul A. Simms Steven Henry John S. Jackson Arthur A. Molina Paul J. Rodriquez Charles Silva Robert L. Stewart APPOINTMENT/TEMPORARY/PROVISIONAL Parks, Recreation and Community Services Sharnell I. Mosby - Senior Services Aide - Effective September 9, 1986 PROMOTION Police Jenifer L. Aragon - Sergeant - From Detective to Sergeant - Effective September 15, 1986 MiChael Lewis - Captain - From Lieutenant to Captain - Effective September 15, 1986 William D. Smith - Lieutenant - From Sergeant to Lieutenant - Effective September 15, 1986 Mary E. Kilpatrick - Dispatcher II - From Dispatcher I to Dispatcher II - Effective September 9, 1986 PROMOTION/TEMPORARY Parks, Recreation & Community Services Emily Mendoza - Food Service Worker I/Park-Time - From Kitchen Helper/Part-Time to Food Service Worker /Part-Time - Effective September 3, 1986 HIGHER ACTING CLASSIFICATION Parks, Recreation and Community Services Amy Ulloa - Senior Typist Clerk - Duration from August 11, 1986 through October 3, 1986 - Effective August 11, 1986 4 9/8/86 LEAVE OF ABSEaCE/vH'l'HOUT PAY Parks, Recreation and Community Services Laura R. Rennert - Program Specialist Duration from September IS, 1986 through September 26, 1986 - Effective September 15, 1986 LEAVE OB ABSENCe/MATERNITY police Kimberly Sue Moyer - Dispatcher I - Duration from August 28, 1986 to October 26, 1986 - Effective August 28, 1986 TRAFFIC SIGNALS MODIFICATION - BASE LINE AND MUSCOTT s'rREETS - SIXTH AND "D" STREETS - APPROVAL CHANGE ORDER - SIGNAL CONSTRUCTION CORPORATION - CHANGE ORDER NO. ONE In a memorandum dated August 15, 1986, Roger Hard- grave, Director of Public WorKs/City Engineer, recommended safety changes in the traffic signals located at Base Line and Muscott Streets, and at Sixth and "D" Streets, work contracted by Signal Construction Corporation. (5) Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that Change Order No. One to the contract with Signal Construc- tion Corporation for modernization of traffic signals at Base Line Street and Muscott Street and at Sixth Street and "D" Street, in accordance with Plan No. 6657, be ap- proved; to authorize the contractor to install three addi tional traf fic control loops, install a Type I I I electrical service, and install approximately 110' of 1 1/2" rigid conduit for a cost not to exceed $2,800.00. RIO VISTA PARK EXPM,SION - CHANGE ORDER NO. ONE - CONTRACT - HUBBS EQUIPMENT COMPANY In a memorandum dated August 27, 1986, Roger Hard- grave, Director of Public Works/City Engineer, stated during the expansion of Rio Vista Park, it became neces- sary to remove trees and stumps not originally planned for in the construction phase, which necessitated the contrac- tor to rent supplemental equipment. (7) Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that Change Order No. One to the contract with Hubbs Equipment Company for the construction of Rio Vista Park, Phase II-A, in accordance with Plan 6767, be approved to author- ize payment for equipment rental for tree removal, instal- lation of two handicapped ramps, deletion of 608 feet of 5-foot chain link fence and the addition of 608 feet of temporary chain link fence, at a net increase in the con- tract price of $811.62, from $231,966.06 to $232,777.68. IMPROVEMENT OF DALEY CANYON ROAD - EAST OF CHIQUITA LANE - APPROVAL AND ACCEPTANCE OF WORK - MATICH CORPORATION In a memorandum dated August 27, 1986, Roger Hard- grave, Director of Public Works, City Engineer, stated that all work on this project was satisfactorily completed as of August 8, 1986. (8) Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that the work performed by the contractor, in accordance with Specification No. 6824, be approved and accepted; and final payment be authorized at the expiration of the lien period. 5 9/8/86 COUNTY OF SAN BERNARDINO OFFICE ON AGING - APPLICATION FOR FUNDING - SENIOR NUTRITION PROGRAM In a memorandum dated September 2, 1986, Annie Ramos, Director of Parks, Recreation and Community Services, stated the equipment needs of the Senior Citizen Center kitchen, located at 600 West Fifth Street, San Bernardino, California, which serves as a central kitchen for seven existing Senior Nutrition Program sites with two addition- al sites to be added within 30-40 days. (9) Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that the City Parks, Recreation and Community Services Department be authorized to submit an application to the County Office on Aging for a one-time basis only grant of $4,529.60 for equipment for the Senior Nutrition Program. APPROVE MINUTES - JULY 31, 1986 Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to amend the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 31st day of July, 1986, by interdelineation on Page 5, Line 5, by changing the motion to read, "...redevelopment and other funds...", and to approve the minutes as amended. (1) COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. APPROVAL OF PLANS - AUTHORIZATION TO ADVERTISE - PAVEMENT REHABILITATION OF 40TH STREET - BETWEEN KENDALL DRIVE AND ELECTRIC AVENUE In a memorandum dated August 25, 1986, Roger Hard- grave, Director of Public Works/City Engineer, provided the estimated total project cost of a cooperative project between the City and County of San Bernardino subject to the terms of a Cooperative Agreement, concerning the re- habilitation of the existing pavement on 40th Street be- tween Kendall Drive and Electric Avenue. (6) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the matter of approving plans and authorizing the advertise- ment for bids for pavement rehabilitation of 40th Street between Kendall Drive and Electric Avenue, be referred back to the City Engineer for discussion with Council Member Quiel. PUBLIC APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER OF ABATEMENT - 1139 W. 19TH STREET - JOHN R. TINDALL - MANUEL B. ENRIQUEZ - CONTINUED FROM JUNE 16, 1986 This is the time and place continued to for a public hearing concerning the appeal of John R. Tindall on behalf of Manuel B. Enriquez regarding the Board of Building Commissioners' Order of Abatement of property located at 1139 W. 19th Street. (10) Mayor wilcox opened the hearing. City Clerk Clark stated that she had mailed Attorney John R. Tindall a postcard on September 4, 1986, notifying him of the hearing, but that attempts at making telephone communication were unsuccessful, as he does not have a telephone. 6 9/8/86 James Robbins, Superintendent of Building and Safety, provided a memorandum dated September 8, 1986, including a staff report of findings and alternatives concerning the property, stating that if the project is not completed by September 27, 1986, the decision of the Board of Building Commissioners would be in effect. Council Member Quiel made a motion, seconded by Council l1ember Strickler, that if the project is not com- pleted by September 27, 1986, then the decision of the Board of Building Commissioners be placed in effect. City Attorney Prince answered questions regarding the continuance of the matter. Council Member Quiel made a substitute motion, seconded by Council Member Strickler, that the matter concerning the Order of Abatement of property located at 1139 W. 19th Street, be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernar- dino to be held October 6, 1986, and that a large sign, 2' x 2', be posted on the property as notification that a public hearing will be held at that time, with the pos- sibility of abatement proceedings. The motion carried by the following vote: Council Members Estrada, Reilly, Quiel, Frazier, ler. Noes: Council Member Hernandez. Absent: Member Marks. Ayes: Strick- Council City Attorney Prince advised that the City has legal bounds to post such notification. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER OF ABATEMENT - 1348 AND 1358 W. FIFTH STREET - JOHN AND ANGEL ZARAGOZA - CONTINUED FROM AUGUST 4, 1986 In a memorandum dated August 25, 1986, James Robbins, Superintendent of Building and Safety, provided an item- ized list of required improvements within thirty days on property located at 1348-1358 West Fifth Street. (11) Mayor wilcox opened the hearing. Council Member Hernandez made a motion, seconded by Council Member Estrada and unanimously carried, that the hearing be closed and that the Order of Abatement of March 7, 1986, of the Board of Building Commissioners (BBC Reso- lution Nos. 1080 and 1081) be vacated. PUBLIC HEARING - CONTRACT PLAN CHECKING - CITY EMPLOYED CONSULTANTS - CONTINUED FROM AUGUST 18, 1986 This is the time and place continued to hearing to consider contract plan checking ployed consultants. for a publ ic by city em- (12) Mayor wilcox opened the hearing. No protests were received. Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the public hearing to consider contract plan checking by city employed consultants, be closed. 7 9/8/86 RES. 86-350 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 83-201 ENTITLED IN PART "RESOLUTION... MODIFYING FEES FOR PLANNING SERVICES, ENGINEERING SERVICES, AND USES OF BUILD- INGS, SPORTS FACILITIES, AND EQUIPMENT ..."; AND INCLUDING PROVISIONS FOR CON- TRAC'r PLAN CHECKING PROVIDED BY CI'l'Y EMPLOYED CONSULTANTS. (12) City Clerk Clark read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived, that said resolution be amended by interdelineation on Page 2, Line 14, so that any surplus funds shall be returned within thirty days after plans are approved, and that said reso- lution be adopted as amended. vote: Quiel, Member Resolution No. 86-350 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Marks. APPEAL HEARING - BOARD OF BUILDING COW1ISSIONERS' ORDER OF ABATEMENT - 638 "L" STREET - CRUZ M. SAENZ - VETERANS ADMINISTRATION - CONTINUED FROM AUGUST 18, 1986 This is the time and place continued to for consi- deration of an appeal filed by Cruz M. Saenz on behalf of the Veterans Administration regarding the Board of Build- ing Commissioners' Order of Abatement of property located at 638 "L" Street, San Bernardino. (13) Cruz M. Saenz, appeared on behalf of the Veterans Administration, and stated that the rehabilitation work has been completed, the property is ready to sell and needs a final inspection by the City. James Robbins, Superintendent of Building and Safety, stated that there is no room on the property for a garage, as required by current code. Discussion was held concerning the requirement of having older homes brought up to current code, which would make them too costly to rehabilitate. Cruz M. Saenz, who appeared on behalf of the Veterans Administration, stated that the property did not have a garage in 1979 when it was appraised for a loan when pur- chased by the Veterans Administration. He stated that the Veterans Administration has incurred $8,000 in expenses to bring the property up to current code, but without a garage. James Robbins, Superintendent of Building and Safety, answered questions concerning the past policy regarding the requirement of a garage. He stated that no formal policy has been in effect, but it has been common practice that if there was no garage ever constructed on the pro- perty, and the property required 50% rehabilitation or less, that no garage would be required. City Attorney Prince referred to agenda item No. 52 which adopts a formal policy on garages and advised that a new law is needed because proposed new requirements are being placed upon property owner to build garages with 50% or more rehabilitation. 8 9/8/86 Council Member Quiel made a motion, seconded by Council Member Strickler, that the matter concerning the Board of Building Commissioners' Order of Abatement of property located at 638 "L" Street, be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held at 9:00 a.m., September 22, 1986, in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California; that the Building and Safety Department make a final inspection to be re- ported on at that time, and that no requirement for closed or covered parking be made. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strick- ler. Noes: Council Member Hernandez. Absent: Council Member Marks. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. REPORT - PLANNING DEPARTMENT - BUILDING AND SAFETY AND REDEVELOPMENT AGENCY STAFF - POLICY - GARAGE REQUIREMENT ON REHABILITATION PROJECTS - CONTINUED FROM AUGUS'r 18, 1986 This is the time and place continued to for consi- deration of a report by the Planning, Building and Safety Departments and Redevelopment Agency staff concerning the policy of requiring garages on rehabilitation projects. (14 & 52) In a memorandum dated August 11, 1986, James Robbins, Superintendent of Building and Safety, provided a report reviewing the background on the issue of adding garages or carports to single family residential structures being rehabilitated, which stated: "A review of the background indicates there were three ways of dealing with the problem, two of which are still in effect. Some time ago, the direction was simply if an owner came in to convert or add on, a new garage was required. This informal policy was occasionally appealed. With the implementation of the Redevelop- ment Agency Neighborhood Housing Rehabi- litation Program, a more specific guide- line was desired. As a result, a two pdge memo of understanding was drafted and signed by Building and Safety, Planning and the Redevelopment Agency. That under- standing indicated, I if the property did ~~t PE~~~~us~1-include a covered garage, no off street covered parking will be re- suiE~~' '~~~n t~~E~peE!y~~~~~~es a ~arage that has been converted, the pro- perty owner shall apply for a variance.' The current informal policy in Planning is if there is a conversion, the converted garage or carport must be replaced 'in kind'. If a building is going to be added onto or rehabilitated over 50% of value, then a garage or carport will be required if not existing. 9 9/8/86 I The zoning ordinance is clear on all single family dwellings, a double garage is required. The informal policy in Building and Safety has been, if a un i t was condemned then rehabilitated and the cost exceeded 50% therefor, the garage was necessary. The most common problem with older units is the lot they are built on. Often it is 40-50 ft. wide with 5 ft. or less side yards and no alley access. Thus access is not available to a garage even if it is required." Frank Schuma, Planning Director, explained the existing administrative policy and answered questions. Discussion was held concerning the cost of requiring garages on rehabilitation projects. Council Member Quiel made a motion, seconded by Council Member Strickler, to end the debate. The motion failed by the following vote: Ayes: Coun- cil Members Reilly, Quiel, Strickler. Noes: Council Members Estrada, Hernandez, Marks, Frazier. Discussion was held concerning requirements in effect if no formal action is taken at this time. James Robbins, Superintendent of Building and Safety, answered questions regarding how property value is deter- mined. Council Member Quiel made a motion, seconded by Council Member Strickler, that the matter concerning the City's policy on requiring garages on rehabilitation pro- jects be referred to the Legislative Review Committee for a report back within thirty days. The motion carried by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Members Estrada, Hernandez. Absent: None. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that Agenda Item 19, the Transportation Study of the Chamber of Com- merce be considered at this time. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned Meeting and took her place at the Council to the Table. Council TRANSPORTATION STUDY - CHAMBER OF COMMERCE In a letter dated August 18, 1986, Bill Wood, Exe- cutive vice President of the San Bernardino Area Chamber of Commerce, requested to be on the Council Agenda to discuss the Chamber's recent transportation study. (19) Bill Wood, Executive Vice President of the San Ber- nardino Area Chamber of Commerce, introduced Dr. Arthur Saltzman, Ph.D., California State University of San Ber- nardino, who presented a report entitled "Transportation 10 9/8/86 Priorities, Results of a Survey of Bernardino Chamber of Commerce" Transportation committee of the San ber of Conunerce. the Members of the San , as Chairman of the Bernardino Area Cham- Dr. Saltzman's report stated that its purpose was to determine the priorities for transportation projects as seen by the business cOHllUunity in San Bernardino in order to provide input to transportation planning officials. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the Chamber of Commerce's Transportation Study be received; that the Chamber be congratulated for a job well done; and that the report be referred to the Council Transportation Committee. RECRUI'rMENT OF CI'rY ADMINISTRATOR POSITION - CONTINUED FROM AUGUST 18, 1986 This is the time and place continued to for consi- deration of a request to consider recruitment for the City Administrator position. (IS) Council Member Marks made a motion, seconded by Council Member Hernandez, that the Mayor and Common Council go on record supporting a nationwide recruitment for the position of City Administrator; that the Mayor and Council Personnel Committee be directed to coordinate for the solicitation of candidates on a nationwide basis for a report back at the next meeting. Discussion was held concerning the need to solicit nationwide for candidates for the City Administrator s position. The motion carried by the following vote: Council Members Estrada, Hernandez, Marks, Frazier. Council Members Reilly, Quiel, Strickler. Absent: Ayes: Noes: None. (This motion was later vetoed by Mayor Wilcox - See Page 25) 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 Chairman wi lcox in the Council Chambers of City hall, 300 North "D" Street, San Bernardino, California. BEAUTIFICATION PROGRAM - LOANS RES. 86-351 - RESOLUTION OF THE CITY OF SAN BERNARDINO REVISING THE BEAUTIFICATION PROGRAM OF THE CITY OF SAN BERNARDINO, DESIGNA'rING THE REDEVELOPMENT AGENCY '1'0 ADMINISTER THE PROGRAM, AND REPEALING RESOLUTION NO. 86-193. (R-3a) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived, that said reso- lution be amended by interdelineation to read that the total grant and loan amount will not exceed $lO,OOO.OO,and that said resolution be adopted as amended. 11 9/8/86 Resolution No. 86-351 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: None. Abstain: Council Member strickler. SALE OF ORANGEWOOD PARK TO SAN BERNARDINO COMMUNITY HOSPITAL RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF A GRANT DEED CONVEYING CER'rAIN PROPER'ry TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO FOR USE IN DEVELOPMENT OF THE NORTHWEST REDEVELOPMENT PROJECT AREA. (R-4a) RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF THA'r CER'rAIN PARCEL OF PROPERTY IDENTIFIED AS APN 143-051-05 AND APN 143-391-02, LOCATED ON THE WEST SIDE OF MUSCOTT DRIVE, 300 FEET SOUTH OF 19TH STREET, BY THE COMMUNITY DEVELOPMENT COMMISSION TO SAN BERNARDINO COMMUNITY HOSPI'l'AL. (R-4b) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A DISPOSITION AND JOINT DEVELOPMENT AGREE- MEWr AMONG THE CITY OF SAN BERNARDINO, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO COMMUN- ITY HOSPITAL. (Sale of Orangewood Park to Community Hospital) (R-4c) City Clerk Clark read the titles of the resolutions. Council Member Quiel stated to avoid the appearance of a conflict of interest that he will abstain from voting on this matter. His business will be providing goods and services: a sign which says "Emergency", to Community Hospital, and stated that he has no interest in the prop- erty or financial interest in the hospital. Redevelopment Council Briggs answered questions re- garding conflict of interest regulations. Mayor wilcox opened the hearing. Joe Perez of the San Bernardino Building Trades Council, requested that the Council wait to consider this item when the prevailing wage study is completed. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. Joe Doyle of the International Brotherhood of Elec- trical Workers, also requested that the Council consider this item after the prevailing wage study is completed. Brian Simpson, Attorney representing San Bernardino Community Hospital, answered questions, stating that the provision in the agreement regarding the construction of the medical building in connection with San Bernardino Community Hospital was recently noticed by the hospital and the decision made at that time that the project would not go forward if the prevailing wage rates were required. The prevailing wage rates would increase the costs of the proposed project by at least 20% and would cause the development to be economically infeasible. 12 9/8/86 Mr. Simpson, Attorney representing San Bernardino Communi ty Hospital, stated for the record that he did not believe that the prevailing wage was part of the agreement with Community Hospital for the medical building. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions regarding tile location of the proposed project in relation to the Redevelopment project Area. No official action was taken at this time. 19 for further discussion. See page RECESS MEE'rING At 12:11 p.m., Council Member Marks made a motion, seconded by Council Member Frazier and unanimously car- ried, that the meeting recess until 2:00 p.m., in the Council Chambers of City Hall. RECONVENE MEETING At 2:03 p.m., the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Council Cham- bers of City Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler; Assistant City Attorney Sabourin, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Marks. APPEAL HEARING - VARIANCE NO. 85-24 - ELDORADO BANK - 1721 N. CONEJO DRIVE - CONTINUED FROM AUGUST 18, 1986 - PROTEST HEARING - VACATION OF 11TH STREET, EAST OF CONEJO DRIVE - ELDORADO BANK, APPLICANT - CONTINUED FROM AUGUST 18, 1986 This is the time and place continued to for consider- ation of an appeal hearing on the Planning Commission's decision of denial of Variance No. 85-24, to waive Section 19.12.060 of the San Bernardino Municipal Code to allow an encroachment into setback area in the R-3-12UO Multiple Family Residential District on property located at 1721 N. Conejo Dr., filed by Eldorado Bank, and to hear protests regarding the proposed vacation of 17th Street, east of Conejo Drive. (56 and 57) Mayor Wilcox opened the hearing. Planning Director Schuma explained that a meeting had been held with property owners in the neighborhood and a possible solution to the problem had been suggested that would be acceptable to both the Eldorado Bank and the property owners in the immediate area. He recoMuended a continuance of 30 days to allow staff to evaluate the proposal. Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that, pur- suant to the request of property owners, the Planning Commission's decision of denial of Variance No. 85-24 and the proposed vacation of 17th Street, east of Conejo Drive be continued to October 6, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia, and that the property owners be notified again that the extension of time was granted. 13 9/8/86 COUNCIL MEMBER MARKS RE'rURNED Council Member Marks returned to the Council Table and took his place at the Council Table. PARCEL MAP 10104 - REQUEST FOR DISCUSSION BY PLM,NING COMMISSION - PENNSYLVANIA AVENUE, NORTH OF BASE LINE STREET - CONTINUED FROM AUGUST 18, 1986 This is the time and place continued to consideration of the request by the Planning Commission for discussion on Parcel Map 10104. (58) Planning Director Schuma gave the background on the discussion on Parcel Map 10104 and recommended that the report be received and filed. A discussion ensued regarding whether or not soil impaction tests had been completed on this location. Assistant City Attorney Sabourin answered questions. Planning Director Schuma answered questions, stating that this is simply a report from the Planning Commission advising the Council of some of the complaints that were received by adjoining property owners. The actual appli- cation of Parcel Map 10104 was an action that was tabled by the Comnission until such time as the other problems of the adjoining tract had been resolved and until that reso- lution has taken place, the Commission will not act on either the approval or denial of that Parcel Map. Their action was "no action", or tabling, which complied with the spirit and intent of the law. City Administrator Schweitzer answered questions. CITY ATTORNEY PRINCE ARRIVED At 2:13 p.m., City Attorney Prince arrived at the Council Meeting and replaced Assistant City Attorney Sabourin. Planning Director Schuma explained that two permits had been issued in error, but one had been revoked, so that matter was corrected. Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that the request from the Planning Comnission to discuss Parcel Map No. 10104 be continued to October 20, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California, to determine if soil tests have been completed. PROPOSITION 51 PRESEN'rATION - BRUCE D. MACLACHLAN - ATTORNEY AT LAW - CONTINUED FROM AUGUST 18, 1986 This is the time and place continued to for consider- ation of a presentation by Attorney Bruce D. MacLachlan regarding proposition 51. (16) City Attorney Prince answered questions, stating that Mr. MacLachlan is presenting information on proposition 51 to show some of the ramifications of this legislation. He stated that the presentation would take about 20 minutes. Mr. Prince agreed to present a summary of the material in writing to the Council prior to the presentation. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the presentation relative to proposition 51 by Bruce D. Mac Lachlan, Attorney at Law, be continued to 4:00 p.m., on 14 9/8/86 r September 22, 1986, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. (This motion was changed later in the meeting. See page IS) INSPECTION DEMANDS ON BUILDING AND SAFETY DEPARTMENT - CONTINUED FROM AUGUST 18, 1986 This is the time and place continued to for consider- ation of a report from James Robbins, Acting Superinten- dent of Building and Safety, dated August 14, 1986, which was presented at the meeting of the Mayor and Common Council on August 18, 1986 regarding the inspection de- mands on the Building and Safety Department. (18) Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that the matter of the inspection demands on the Building and Safety Department be continued to September 22, 1986, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT - DEVELOPER FEE PROGRAM IN CITY FOR COMING YEAR - In a memorandum dated September 2, 1986, City Admin- istrator Schweitzer stated that on August 21, 1985, Reso- lution 85-337 was adopted which established a requirement for payment of fees by developers of new residential de- velopment to mitigate impacts of such development on local schools, and prescribing a procedure for such payment. He also attached a letter dated August 20, 1986 from Scott Shira, Manager, Planning and Development of the San Ber- nardino City Unified School District, and documentation regarding the continuance of the development fee program. (20) Mr. Scott Shira, Manager, Planning and Development of the San Bernardino City Unified School District, was pres- ent and spoke regarding the continuance of the developer fee program to mitigate conditions of overcrowding in the school district. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the matter of the continuance of the school impaction fee be referred to the Legislative Review Committee and that the assessment be continued at the same rate as presently provided for until such time as the report comes back to the Council. PRESEN'rA'rION RELATIVE 'ro PROPOSITION 51 - BRUCE D. MACLACHLAN, ATTORNEY AT LAW - CONSIDERED EARLIER IN THE MEETING City Clerk Clark stated that a public hearing is scheduled for 4:00 p.m. on September 22, 1986, concerning an animal control matter and has been advertised. This would conflict with previous Council action today setting this item for 4:00 p.m. on September 22, 1986. (16) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, to amend his previous motion by changing the time of the presentation relative to proposition Sl from 4:00 p.m., to 3:30 p.m., on September 22, 1986, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. IS 9/8/86 LO'rus GARDEN RES'rAURA1.'n - III HOSPI'rALITY LANE - REQUEST TO RECONSIDER ACTION REGARDING TILE ROOF - CONTINUED FROM AUGUST 18, 1986 This is the time and place continued to for discus- sion of the request to reconsider action regarding the tile roof on the Lotus Garden Restaurant at III Hospital- ity Lane. (17) Previous Council action directed the Building and Safety Department to analyze the roofing material as to safety, to make contact with other cities in Southern California which have used this roofing material to in- quire as to its success in terms of safety, to check locations where this tile is installed for a report at today's meeting. The City Attorney was also directed to prepare an agreement for today's meeting which would in- clude a provision whereby the applicant agrees that during the interim period that the roofing material is without an ICBO rating, he will abide by any technical modification decisions required by Building and Safety personnel. Council Member Quiel stated he would abstain on this matter due to the fact that he had provided signs to the occupants of this facility. Jim Robbins, Acting Superintendent, Building & Safety Department, presented a statistical report from the Twining Laboratories of Southern California, Inc., dated August 4, 1986, on tests performed on glazed ceramic roof tiles, which stated that the roof tiles complied with ICBO's requirements for strength and water absorption. Mr. Robbins stated that no report has been received regarding whether or not the tile is fire proof. Mr. Robbins also answered questions regarding the use of the tile in other cities and stated that the reports received from those cities indicated there were no complaints regarding the tile, although the cities were not aware that the tile had not been approved by ICBO. It was agreed that this item be continued until later in the meeting to allow time for Mr. Robbins, Acting Superintendent of Building & Safety, to study the testing report that he had received only a short time ago. (See page 17) COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. PUBLIC HEARING - S & S MEAT PRODUCTS - CONTINUED FROM AUGUST 18, 1986 This is the time and place continued to for a public hearing concerning the operating procedure of S & S Meat Products, 1389 W. Mill Street, San Bernardino. (59) Janae Searle, Sales and Operations Manager of S & S Meat Products, stated they had complied with everything suggested to them in trying to rid their operation of the offending odors from their plant, and explained the vari- ous means they used. She also stated that their business provides a service to the City in helping to dispose of old meat from markets and restaurants by picking it up and shipping it in to Los Angeles, where it is used for pet food and other commercial businesses. Jerry Downer, San Bernardino County Department of Environmental Health Services, who inspects the S & S Meat Products company, stated he had made an unannounced visit to the Company recently and found everything clean and in order. He stated that some neighbors he talKed to in 16 9/8/86 certain areas complained about odors. He explained that this business is one of the best of its kind in the state in the way they handle their operations, but the nature of the business contributes to offending odors. Frank Molina, 1183 W. Mill street, complained about the odors and stated that some days his family can't go outdoors without being nauseated from the odor. His grandparents also live in the area on Chestnut and Oak Streets and can't enjoy being outdoors because of the smell. Planning Director Schuma answered questions regarding the zoning in the area. He stated that S & S Meat Pro- ducts is located in an industrial zone, which is a per- mitted use, but the zone is adjacent to a residential zone. He explained the backgrounu of this business and stated that the City had been a participant in locating this business originally and that there had been many complaints over the years. There have been attempts to relocate the business, but the cost was greater than the City could absorb. Henrietta Cereceres, 1330 W. Mill Street, has lived in this area since 1941, and complained about the odor. She stated that the smell is worse when the large trucks loaded with the meat and bones pass by her home. A discussion ensued regarding the proximity of indus- trial zones to residential zones and the provision of buffer zone between the two to prevent this type of com- plaint. Jerry Downer, San Bernardino County Environmental Health Services, answered questions regarding possible ways to improve the situation, such as enclosing the en- tire operation. Janae Searle, Sales and Operations Manager, S & S Meat Products, spoke about the high cost of the chemicals and the enclosure as discussed. Janae Searle, Sales and Operations Manager, S & S Meat Products, stated that Attorney Skousen, their coun- sel, was on vacation for two weeks. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the hearing regarding the S & S Meat Products be continued to October 6, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and that the City Attorney and staff be directed to meet with Council Member Hernandez and representatives of S & S Meat Pro- ducts and attempt to work out a solution to the odor prob- lem. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council LOTUS GARDENS RESTAURANT - III HOSPITALITY LANE - REQUES'r TO RECONSIDER ACTION - TILE ROOF - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for discus- sion on the request to reconsider action on allowing the tile roof on the Lotus Gardens Restaurant at III Hospi- tality Lane. (17) 17 9/8/86 When this matter was discussed earlier in the meeting council Member Quiel stated that in order to avoid the appearance of a conflict of interest, he would abstain in this matter due to the fact he had provided signs to the occupant of this facility. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. Jim Robbins, Acting Superintendent of Building & Safety, stated he had read the report furnished by Twining Laboratories of Southern California, Inc., and his only remaining concern was that the roof material was identi- fied as fire retardant as opposed to fire proof. He ex- plained that all Class A and Class B roofs are required to be fire proof, and that his position was that the roof has not met the requireHlents of ICBO, therefore, he could not approve it. Attorney Hollis Hartley, representing the applicant, explained portions of the report which provide for a 50 year guarantee on the roof tile and stated that tests by the manufacturer in China were stronger than anything in this country. He stated his client would suffer great financial problems if this project is not allowed to go forward. He also referred to the insurance his client is willing to provide in the amount of $1,000,000 per person and $S,OOO,OOO per incident and to indemnify the City against any liability. City Attorney Prince answered questions about the legal protection. Council Member StricKler made a motion, seconded by Council Member Estrada, to authorize the Mayor to enter into an agreement with the owner, prepared by the City Attorney, directing Building and Safety to allow occupancy of project provided all requirements except roof are met. Council Member Marks made a substitute motion, seconded by Council Member Reilly, that the matter of tne tile roof on the Lotus Restaurant be continued to Septem- ber 9, 1986, at 12:00 noon, in the Redevelopment Agency Board Room, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California, and that staff be directed to be available to discuss the statistical report on fire safety aspects of the materials with representatives of the company and request that Mr. Hartley and applicants do wha tever they can to make those tests available for dis- cussion with City staff. The substitute motion failed by the following vote: Ayes: Council Members Estrada, Reilly, Marks. Noes: Council Members Hernandez, Frazier, Strickler. Absent: Council Member Quiel. The original motion by Council ~Iember Strickler failed by the following vote: Ayes: Council Members Estrada, Frazier, Strickler. Noes: Council Members Reilly, Hernandez, Marks. Absent: Council Member Quiel. Council Member Frazier made a motion, seconded by Council Member Marks, that the substitute motion be recon- sidered and adopted. The motion carried by the following vote: Council Members Estrada, Reilly, Marks, Frazier. Council Members Hernandez, Strickler. Absent: Member Quiel. Ayes: Noes: Council 18 9/8/86 1-- SALE OF ORANGEWOOD PARK TO SAN BERNARDINO COMMUNITY HOSPITAL - (See page 12) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF A GRANT DEED CONVEYING CERTAIN PROPERTY TO THE COMMUNITY DEVELOPMEN'l' COt1MISSION OF 'rHE CITY OF SAN BERNARDINO FOR USE IN DEVELOP- MENT OF THE NOR'rHWEST REDEVELOPMENT PROJECT AREA. (R-4a) RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF THAT CERTAIN PARCEL OF PROPERTY IDENTIFIED AS APN 143-051-05 AND APN 143-391-02, LOCATED ON THE WEST SIDE OF MUSCOTT DRIVE, 300 FEET SOUTH OF 19TH STREET, BY THE COMMUNITY DEVELOPMENT COMMISS ION TO SAN BERNARDINO COMMUNITY HOSPITAL. (R-4b) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A DISPOSI'rION AND JOINT DEVELOPMENT AGREE- MENT AMONG THE CITY OF SAN BERNARDINO, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO COMMUNITY HOSPITAL. (R-4c) This is the time and place continued to for consi- deration of resolutions regarding the sale of orangewood Park to San Bernardino Community Hospital. Joe Doyle, a concerned citizen of San Bernardino Fourth Ward, questioned the Council about past Council action in adopting a policy of using the prevailing wage rate and enforcing those provisions until the results of the San Bernardino California State University study were available. Mayor Wilcox explained that such a policy was adopted by motion, but since that time the Council had made another decision to make an exception, which they have the authority to do. She also stated that the City strives at all times to enforce City, State and Federal laws. Joe Doyle, a resident of the Fourth Ward, stated he had been sent letters to the Redevelopment Agency regard- ing violations of the prevailing wage requirements, and was told by City staff that the violations were not being enforced because there was not adequate personnel to do so. Sr. Assistant City Attorney Briggs answered questions and explained that on all Public Works projects the City has the responsibility to enforce the prevailing wage rate. However, there are other projects being constructed that are basically private projects and the City is not required to enforce the payment of prevailing wages. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions, stating that most of the com- plaints she has received from Mr. Doyle regarding prevail- ing wage violations were not involved in Redevelopment projects and the City did not have authority to enforce the prevailing wage requirements. 19 9/8/86 Glenda Saul, Executive Director of the Redevelopment Agency, answered questions regarding the provisions of the Davis Bacon Act, stating that its impact is triggered only when Federal funds are being used. Joe Doyle, a resident of the Fourth Ward, complained about the way this item was introduced on the Agenda, stating that it would have been very difficult to know the item concerned the prevailing wage rate without having special knowledge about the item. Attorney Brian Simpson, representing the San Bernar- dino Community Hospital, stated that the $40,000,000 project is the hospital expansion program, and is not the issue being discussed today. Mr. Simpson stated that it was his understanding that that the company handling the construction of the hospital expansion is a union company, and that project will probably be done by union workers. He explained that what is being discussed today is the medical building and in the hospital's view, the project must be competitive in order to attract physicians to occupy the building. It cannot be built with the pre- vailing wage clause. Mr. Simpson also explained that initially the project was outside the Redevelopment Project Area, and at the request of the Agency this project was moved to extend at least 60% of the building inside the project area so that the project area could benefit from tax increments at a later time. If the medical building does go forward it would probably provide jobs for 200 -2S0 employees. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions regarding minimum wage rates, and explained that if prevailing wage rates are not used, it does not necessarily mean that the wages go down to minimum wage level. A discussion ensued regarding the use of prevailing wages. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions, stating it would be a loss to the Northwest Project Area if this project does not go forward. Attorney Brian Simpson, representing San Bernardino Community Hospital, explained that the medical building is needed near the hospital to attract new doctors and if it does not go forward it will have a detrimental effect on the hospital. Joe Perez, Building Trade Council, San Bernardino and Riverside Counties, spoke in favor of using the prevailing wage rate, as paying lower wages could create a poor society. He stated he was here to fight for people to make a decent wage, decent fringe benefits and dignity in their work. Bill Rogers, representing 235 craftsmen in Southern California that are unionized, urged the use of prevailing wages. He stated that the people he represents have tech- nical skills to do a good job. Joe Perez, Building Trade Council, San Bernardino and Riverside Counties, stated the people he represents turn out a good product, and explained that equal employment opportunities are given to minority groups. 20 9/8/8b Brian Simpson, Attorney representing the San Bernar~ dino Community Hospital; answered questions; stating that money specified for the hospital development cannot be used for the medical building; as one project is a "for profit" project and one is a "not for profit" project and the money for the two projects cannot be co-mingled. Eddie Perez, 18/S N. State Street, San Bernardino, a retired member of Local 783, stated that he was able to make a decent wage while working as a union member and didr;'t tI:ink families today could "make it", if they were maK~ng m~n~mum wage. Brian Simpson, Attorney representing San Bernardino Community Hospital, answered questions, stating that a two-week delay in proceedings would not interfere with their planning, but would not change their decision of not proceeding witn the medical building if required to pay prevailing wage rates. John Dukes, representing Dorjil Development, 19th & California Streets, (Item R-IO on the Redevelopment Agenda) answered questions regarding his project. He stated that a two-week delay would be very damaging in terms of cash flow. He explained that this project is made up of rental units. John Dukes stated that his company makes every effort to use a maximum number of contractors from the west side, as well as building residential units on the west side, which has presented problems, because lenders consider the west side a "disaster area". He stated they did pay pre- vailing wages on Phase I of this project, but asked for a waiver on Phase II to be competitive on a rental basis. Vivian Nash, 1875 W. Highland, Dorjil Development, explained that they had done a separate development under the Davis Bacon Act with assistance by HUD. The present Dorjil Project, Phase II is a conventional development and because of that they have to be very competitive. She stated they couldn't afford prevailing wage rates because they were building with a conventional mortgage, and no rent subsidies. Wiley Watson, 3479 - 5th Street, a union member, stated he thought it was prejudice to use a worker to do work at a lesser rate than is paid for another worker to do the same job at prevailing wages and is demeaning to the worker who is paid less. Council Member Marks made a motion, seconded by Council Member Hernandez, that the matter regarding the sale of Orangewood Park to San Bernardino Conwunity Hospi- tal be continued to October 6, 1986, in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Council Members Estrada, Reilly, Hernandez, Marks, ler. Noes: Council Member Frazier. Absent: Member Quiel. Ayes: Strick- Council DORJIL DEVELOPMENT - 19TH AND CALIFORNIA - PHASE II Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the matter concerning the Dorjil Development at the corner of 19th and California, Phase II, be continued to September 9, 1986, at 12:00 noon, in the Redevelopment Agency Board Room, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California. (R-IO) 21 9/8/86 RECESS MEETING At 5:37 p.m., the meeting recessed to the Mexico Restaurant, 892 E. Highland Avenue, to discuss joint use of Norton Air Force Base. RECONVENE MEETING At 7:24 p.m., the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Council Cham- bers of City Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll Call was taken 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. REQUEST FOR RECONSIDERATION - APPROVAL OF TENTATIVE TRAC'f 13172 AND CONlJI'rIONAL USE PERMIT 8S-72 - 2,670 FEET NORTHWESTERLY OF CENTERLINE OF LITTLE LEAGUE DRIVE - C. C. SAN BERNARDINO, INC. - STEPHEN L. PLEASANT, CM ENGINEERING - COUNCIL MEMBER HERNANDEZ In a letter dated August 27, 1986, Helen Kopczynski, 8150 Cable Canyon, San Bernardino, California, requested an appeal hearing of the Council's approval of Tentative Tract 13172 and Conditional Use Permit No. 85-72 at the meeting of August 18, 198b. (26) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that Item 26 regarding Tentative Tract 13172 and Conditional Use Permit 8S-72 be heard at this time. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned Meeting and took her place at the Council to the Table. Council Council Member Quiel made a motion, seconded by Council Member Strickler, that the request for reconsid- eration of the matter concerning Tentative Tract 13172 and Conditional Use Permit No. 85-72 be denied. The motion carried by the following vote: Ayes: Council Members Reilly, Quiel, Frazier, Strickler. Noes: Council Member Marks. Absent: Council Member Hernandez. Abstain: Council Member Estrada. PUBLIC HEARING - N1ENDMENTS TO CHAPTER 19 OF THE SAN BERNARDINO MUNICIPAL CODE - MULTIPLE FAMILY RESIDENTIAL DISTRICT. This is the time and place set for a public hearing to consider amendments to Chapter 19 of the San Bernardino Municipal Code relating to Multiple Family Residential District. (60) ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING CHAPTER 19.12 OF THE SAN BERNAR- DINO MUNICIPAL CODE PERTAINING TO MULTIPLE FAMILY RESIDENTIAL DISTRICT. (60) Mayor Wilcox opened the hearing. Planning Director Schuma explained the provisions of the proposed ordinance and what had been changed. He stated that the Planning Commission had reviewed it and recoHuuended that the ordinance be adopted as presented. 22 9/8/86 ,-- COUNCIL MEMBER HERNANDEZ RETURNED At 7:40 p.m., Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. Planning Director Schuma answered questions regarding the height restrictions of buildings in the R-3-1200 zone which are listed on page 3 of the proposed ordinance, which limit the height of buildings to two stories, not to exceed thirty-five feet, with the following exceptions: existing buildings built to the R-3-1200 specifications will not be rendered nonconforming; three story buildings can be constructed on the interior of the project if com- pletely enclosed by two story structures on the same site; and where the Planning director determines that there are unique topographic conditions or constraints on the same site. The Mayor and Council discussed the proposed height restrictions. Planning Director Schuma explained the requirements concerning carports which are included on page 8 of the proposed ordinance. He explained that provisions had been included to allow for some breakup in the wall design so that a lattice type of treatment could be used. He stated that the Police Department preferred this type of wall as opposed to a solid wall from the standpoint of security protection. COUNCIL MEMBER FRAZIER EXCUSED At 7:55 p.m., Council Member Frazier left the Council Meeting. Council Member Quiel made a motion, seconded by Council Member Marks, that all solid walls of the carport shall be finished on the interior. After discussion, Council Member Marks withdrew his second. Council Member Uuiel withdrew his motion. Planning Director Schuma answered questions regarding provisions of the ordinance. Tom Kohl, Executive Director of the Baldy View Chap- ter of the Building Industry Association, thanked the Mayor and Council for their cooperation and stated his organization was in favor of the proposed ordinance, ex- cept for several minor issues that had been discussed. He especially thanked Planning Director Frank Schuma and principal Planner Dave Anderson for their diligence. Bill Workenteen, President of Multi Housing Council, which is a subsidiary of the Baldy View BIA, expressed his appreciation to staff and the Legislative Review Com- mittee for their efforts concerning the proposed ordi- nance. He stated he was in favor of increased level of control, that the basic densities which underlie the zon- ing process should be allowed, was not in favor of the hearing process of the CUP, and was in favor of a policy to encourage excellence in building. Jim Mulvihill, Professor of Urban Studies, California State University at San Bernardino, stated the proposed ordinance was a step in the right direction, but noted that he had looked at a zoning map and found that certain 23 9/8/86 areas of the City that have the worst housing, also have the highest densities. He also spoke about the lack of outside amenities, such as balconies on second stories of buildings. Mr. Mulvihill stated he felt that the proposed ordinance would allow very small apartments, high density and no balconies. Sr. Assistant City Attorney Briggs answered questions regarding previous amendments to the existing ordinance. Warner Hodgdon suggested that the ordinance begin with a policy statement explaining how the ordinance came into existence and its objectives, that the City should adopt a standards of maintenance ordinance for residential and commercial property, and explained why he felt that "bigger is not necessarily better". Council Member Estrada made a motion, seconded by Council Member Quiel and unanimously carried, that the hearing be closed. City Clerk Clark read the title of the ordinance. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the ordinance be waived. A discussion ensued regarding the density provisions of existing undeveloped property, which are set forth in the proposed ordinance on page 3, lines 8 through 12, and whether or not the first sentence, "Existing undeveloped property at a density of one unit per 1200 square feet of lot area per the R-3-1200 zone shall be allowed to be developed at that density" should be deleted. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the City Attorney be directed to prepare for the Council's consideration a standard of maintenance provision which may be incorporated in the ordinance for all multi-family development. This provision is also to include enforce- ment provisions. Council Member Quiel made a motion, seconded by Council Member Reilly, that said ordinance be laid over for final passage. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Strickler. Noes: Council Member Hernandez. Absent: Council Member Frazier. Council Member Marks stated for the record that he had concerns about a number of areas regarding the pro- posed ordinance and planned to suggest some amendments the next time this matter comes up. CLOSED SESSION - AUGUST 18, 1986 - ADDITIONAL GOVERNMENT CODE REFERENCE Mayor Wilcox announced that at the meeting of the Mayor and Common Council held on August 18, 1986, it was not announced that in recessing to a Closed Session a discussion would be held, based on existing facts and circumstances set out below, that the City Council is de- ciding whether to initiate litigation at the Closed ses- sion under the authority of California Government Code Section 54956.9(c). The City has to determine if it is reasonable at this time to initiate an Eminent Domain action to acquire Delmann Heights. (New Business) 24 9/8/86 CITY ADMINISTRATOR POSITION - RECRUITMENT - VETO BY MAYOR Mayor wilcox stated that at the outset she had stated that Acting City Administrator Schweitzer should be given six months and then be evaluated. She stated she believed that this City Administrator is capable of doing long range planning and all other things that the City would like to see. She further stated that one individual just can't do everything. Therefore, for that reason she was vetoing the previous action taken earlier in the meeting. (See Page 11) (15) THREE DAY NOTICE - AGENDA ITEMS Mayor wilcox stated she had read a notice in the newspaper that reported there had been signed into law a provision that there needed to be three days notice for an agenda item, and asked City Attorney Prince if he was aware of this matter. (New Business) City Attorney Prince stated he would research the matter and report back. RECESS MEETING At 10:00 p.m., Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously car- ried, that the meeting recess until 12:00 noon, Tuesday, September 9, 1986, in the Redevelopment Agency Board Room, Third Floor, City Hall, 300 North "0" Street, San Bernar- dino, California. RECONVENE MEETING - TUESDAY, SEPTEMBER 9, 1986 At 1:25 p.m., Tuesday, September 9, 1986, the Ad- journed Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Cham- bers of City Hall, 300 North "0" 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, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Marks. LOTUS RESTAURANT - III E. HOSPITALITY LANE - USE OF NON-ICBO CERTIFIED ROOFING MATERIALS - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consi- deration of the use of non-ICBO certified material as a roof covering for the Lotus Restaurant, III E. Hospitality Lane. (See Page 18) (17) Council Member Quiel stated that he would abstain on this matter due to the fact that he had provided signs to the occupants of this facility. James Robbins, Superintendent of the Building and Safety Department, answered questions concerning his tele- phone conversation with the manufacturers of the tile roofing material in Taiwan. He explained that the process for making the tile requires it to be baked in a kiln for over 19 hours at 1800' F. The temperature at which the tile is tested by ICBO is 1600' F; therefore, it appears that the tile is capable of sustaining that type of heat for a period of time. The written results of the tests are being forwarded to the City. 25 9/8/86 Redevelopment Agency Bond Counsel Briggs answered questions regarding tile City's protection from litigation due to the owners of the restaurant posting a bond, and the liability of individual council members should liti- gation arise from the use of the uncertified tile. Council Member Frazier made a motion, seconded by Council Member strickler, that the Mayor be authorized to enter into an agreement with the owner of the restaurant, prepared by the City Attorney, directing the Building and Safety Department to allow occupancy of the project pro- vided all requirements, except the roof, are met. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Frazier, Strickler. Noes: Council Member Hernandez. Absent: Council Members Marks, Quiel. RES. 86-3S2 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WI'rH ALAN KWONG CONDI'rION- ALLY APPROVING ROOFING AT FACILITIES LOCA- TED A'r III EAs'r HOSPITALI'rY LANE, AND PROVIDING FOR IMPROVEMENT SECURITY THERE- FOR. (17) City Clerk Clark read the title of the resolution. Council Member StriCkler made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be closed and that further reading of the resolu- tion be waived. Council Member Frazier made a motion, seconded by Council Member StriCkler, that said resolution be adopted. Resolution No. 86-352 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Frazier, Strickler. Noes: Council Member Hernandez. Absent: Council Member Marks. Abstain: Council Member Quiel. Council Member Strickler made a motion, seconded by Council Member Frazier, that the Building and Safety Department be instructed to issue a temporary Certificate of Occupancy after execution of the agreement and upon completion of construction; and that when the tile has received its ICBO rating, a permanent Certificate of Occu- pancy may be issued. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Frazier, Strickler. Noes: Council Member Hernandez. Absent: Council Member Marks. Abstain: Council Member Quiel. COMMUNITY DEVELOPMENT CO~1ISSION/REDEVELOPMENT AGENCY - ADJOURNED REGULAR MEETING The Adjourned 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. DORJIL DEVELOPMENT - 19TH & CALIFORNIA STREETS - PHASE II - 79 MULTI-FAMILY UNITS In a memorandum dated September 2, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, requested the concurrence of the Mayor and Common Council concerning the rebate of fees as sought by Dorjil Development for the entire lIS-unit project, not merely Phase II. (R-IOc) 26 9/9/86 council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that the Director of Finance be authorized to establish a fund for the purpose of debiting City-based fees relating to the Dorjil Project, which will be refunded to Dorjil in con- nection with their Dorjil Affordable Housing project, Phase II. CERTIFICATES OF PARTICIPATION - NEW FIRE STATION AND EQUIPMENT - CONTINUED FROM AUGUST 18, 1986 In a memorandum dated September 2, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, requested that the matter concerning Certificates of Participation for the new fire station be continued until September 22, 1986. (R-S, 34 & 35) Discussion was held concerning all agreements in connection with the new fire station and equipment not yet being settled. RESOLU'rION OF THE MAYOR MID COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECU'l'ION AND DELIVERY BY THE CITY OF LEASE AGREEMENT, GROUND LEASE AGREEMENT, AGENCY AGREEMEWf, TRUST AGREEMENT AND ASSIGNMENT AGREEMENT WITH RESPECT TO THE ISSUANCE AND SALE OF CERTIFICA'rES OF PARTICIPATION (CITY OF SAN BERNARDINO 1986 PROJECTS), APPOINTING TRUSTEE AND AUTHORI- ZING ISSUANCE OF SUCH CERTIFICATES IN AN AMOUNT NO'r EXCEED $2,815,000. (34 ) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROVIDING FOR THE SALE OF NOT TO EXCEED $2,875,000 PRINCIPAL AMOUNT OF CERTIFICA'rES OF PARTI- CIPATION (CITY OF SAN BERNARDINO 1986 PROJECTS) (35) City Clerk Clark read the titles of the resolutions. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolutions be waived, and that the matter concerning the Certificates of Participation for the new fire station and equipment, be tabled. AMENDMENT TO ENTERPRISE ZONE ORDINANCE, BOUNDARIES RESOLUTION M,D SCHOOL IMPACTION FEES RESOLUTION (R-6) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.18 OF THE SAN BERNAR- DINO MUNICIPAL CODE RELATING TO THE ENTER- PRISE ZONE TO INCLUDE MULTI-FAMILY HOUSING WITHIN PROVISIONS FOR INFILL HOUSING, TO EXEMPT CERTAIN CONSTRUCTION FROM CULTURAL DEVELOPMENT CONS'fRUCTION FEES, AND TO CLARIFY INDUSTRIAL AREA REBATE PROVISIONS TO COMPLY WITH COUNCIL INTENT. FIRST (R-6a) City Clerk Clark read the title of the ordinance. Council Member Frazier made a motion, seconded by Council Member Quiel, that first reading of the ordinance be waived and said ordinance be laid over for final pas- sage. 27 9/9/86 The motion carried by the following vote: Council Members Estrada, Reilly, Quiel, Frazier, ler. Noes: Council Member Hernandez. Absent: Member Marks. Ayes: Strick- Council R8S. 86-353 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLU'r ION NO. 8S-337 TO PROVIDE THAT MUL'rI-FAMILY INFILL HOUSING PROJECTS NOT EXCEEDING FOUR UNITS SHALL BE EXEMPT FROM SCHOOL IMPACTION FEES. (R-6c) city Clerk Clark read the title of the resolution. Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived and that said resolu- tion be adopted. vote: Quiel, Member Resolution No. 86-3S3 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Marks. RES. 86-354 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING REVISED MAP OF EN'rERPRISE ZONE TO AMEND BOUNDARIES OF COMMERCIAL AREA OF THE ENTERPRISE ZONE TO INCLUDE PROPERTIES ON BOTH SIDES OF MOUNT VERNON AVENUE IMMEDIATELY SOUTH OF HIGH- LAND AVENUE. (R-6b) City Clerk Clark read the title of the resolution. Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of resolution be waived and that said resolution be adopted. vote: Quiel, Member Resolution No. 86-354 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Marks. 40TH STREET - WIDENING - MOUNTAIN TO ELECTRIC AVENUES In a memorandum dated August 27, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, stated that tax increments from State College and/or the new Northend Survey Area may be used to reimburse the City for the expense of widening 40th Street from Mountain to Elec- tric Avenues. (R-7) RES. 86-35S - RESOLUTION OF THE CITY OF SAN BERNARDINO CONCURRING IN THE FINDINGS OF THE COMMUNITY DEVELOPMENT COMMISSION THAT THE WIDENING OF FORTIETH STREET BE- TWEEN MOUNTAIN AVENUE M,D ELECTRIC WILL BE OF BENEFIT TO THE STATE COLLEGE PROJECT AREA. (R-7b) City Clerk Clark read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of tne resolution be waived. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions regarding the availability of funding for the project. 28 9/ 9/86 Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted and that the City Public Works Department proceed with the acquisition of 40th Street right of way. (R-7b & c) vote: Quiel, Member Resolution No. 86-35S was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, strickler. Noes: None. Absent: Council Marks. COUNCIL MEMBER MARKS ARRIVED At 2:00 p.m., Council Member Marks arrived at the Council Meeting. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. TEFRA PUBLIC HEARING - VLACH APARTMENT PROJECT In a memorandum dated September 2, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, requested that the TEFRA Public Hearing concerning the approval of final bond documents for the Vlach Apartment Project, a forty-unit apartment complex known as the Palm Circle Apartments. (R-ll) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the TEFRA Public Hearing and consideration of adoption of a TEFRA Resolution concerning the Vlach Apartment project, be continued to the Regular Meeting of the Mayor and Common Council to be held Monday, October 6, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 86-356 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING POLICY GUIDELINES ON PUBLIC fu~D NEGOTIATED BOND SALE PRO- CEDURES FOR THE CITY OF SAN BEID,ARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, ADDING PARAGRAPH "J" TO ARTICLE IV TO ES'rABLISH PROCEDURES APPLI- CABLE TO SELECTION OF TRUSTEE. (R-12) City Clerk Clark read the title of the reSOlution. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived. Redevelopment Agency Bond Counsel Briggs answered questions regarding the clause whereby an out-of-state trustee may be used if a local trustee is unavailable. Council Member strickler made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. vote: Marks, Member Resolution No. 86-356 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, StriCkler. Noes: None. Absent: Council Frazier. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. 29 9/9/86 SEPARA'rION OF COMMUNITY DEVELOPMENT AND REDEVELOPMENT AGENCY RES. 86-3S7 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING ASSUMPTION OF COMMUNI'rY DEVELOPMENT RESPONSIBILITIES FROM REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, ESTABLISHING COMMUNITY DEVELOPMENT DIVISION WI'rHIN CITY ADMINI- STRATOR'S OFFICE, AND PROVIDING FOR AS- SUMPTION OF PERSONNEL, CONTRACTS AND REVE- NUE SOURCES FROM COMMUNITY DEVELOPMENT DIVISION OF REDEVELOPMENT AGENCY INTO COMMUNPry DEVELOPMENT DIVISION O~' 'rHE CI'fY ADMINISTRATOR'S OFFICE, EFFECTIVE IMMEDI- A'rELY, AND PROVIDING FOR IMPLEMENTATION THEREOF. (R-13b & RS-2) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived. Redevelopment Agency Bond Counsel Briggs stated that the title of the resolution reads "effective immediately", and that the body of the resolution reads correctly as "effective September 15, 1986". COUNCIL MEMBERS QUIEL AND FRAZIER RETURNED Council Members Quiel and Frazier returned to the Council Meeting and took their places at the Council Table. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. Resolution No. 86-357 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernan- dez. Absent: None. RES. 86-3S8 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUT ION OF THREE AGREEMEN'rS BETWEEN REDEVELOPMENT AGENCY AND THE CITY OF SAN BERNARDINO CONCERNING CONTRACTING FOR HOUSING, BEAUTIFICATION AND GRANT WRITING SERVICES. (R-13c & RS-2) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived. Council Member Marks made a motion, seconded by Council Member StriCkler and unanimously carried, that said resolution be adopted. Resolution No. 86-358 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, strickler. Noes: Council Member Hernan- dez. Absent: None. 30 9/9/86 RES. 86-359 - RESOLUTION OF THE CITY OF SAN BERNARDINO AU'fHORIZING 'rHE CITY CLERK OF SAN BERNARDINO TO ACCEPT CONVEYANCE ],'ROM THE REDEVELOPMENT AGENCY 0],' THE Crry OF SAN BERNARDINO. (.99 acre parcel of land situated in State College project Area) (R-14b) City Clerk Clark read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. vote: Marks, None. Resolution No. 86-359 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 86-360 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO RELATING TO 'rHE LEASE OF SPACE IN Crry HALL. (37) City Clerk Clark read the title of the resolution. Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 86-360 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. REQUEST TO DISCUSS STATUS OF DOWNTOWN HOTEL - 295 NORTH "E" STREET This is the time and place set to discuss the status of the downtown hotel, 295 North "E" Street, adjacent to the Convention Center, as requested by Council Member Marks. (RS-6) Discussion was held concerning the City and Redevel- opment Agency actively looking for a purchaser of the hotel, and regarding conversations between Glenda Saul, the City and the Bank of America. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that Glenda Saul, Executive Director of the Redevelopment Agency, be authorized to write a letter addressed to the Bank of America for the Mayor's signature, stating that the City will accept nothing less than a first class hotel development. COUNCIL MEMBERS ESTRADA JU'lD HERNANDEZ EXCUSED Council Members Estrada and Hernandez left the Council Meeting. LEGISLATIVE REVIEW COHMrr'rEE MEE'rING - AUGUST 21, 1986 Council Member Strickler, Chairman of the Legislative Review Committee, presented the report of the Legislative Review Committee meeting held August 21, 1986. The fol- lowing items were discussed: (21) 31 9/9/86 1. Land Use Ordinance - Animal Control Item -continued. -planriTng;ArumalControl and City Attorney will maKe the final revisions of the separate Animal Control- Land Use Ordinance which provides for enforcement responsibility by Animal Con- trol with Planning coordination. This final revision will be brought back to the Cormuittee at its next meeting. 2. Parking Ordinance Review - Item con- tinuecr:--Planning staf-rand Council Execu- tive Assistant will review and study to determine whether present parking require- ments for certain businesses are realis- tic. Council Member Strickler made a motion, seconded by Council Quiel and unanimously carried, that the report of the Legislative Review Committee meeting of August 21, 1986, be received and filed. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBERS QUIEL AND FRAZIER EXCUSED Council Members Quiel and Frazier left the Council Meeting. WAYS AND MEANS COMMITTEE MEETING - AUGUST 25, 1986 Council Member Marks, Chairman of the Ways and Means Committee Meeting, presented the report of the meeting held August 2S, 198b. The following items were discussed: (22) 1. Parks, Recreation & Community Services Budget - Item continued. The City Admini- strator, in coordination with Annie Ramos and Warren Knudson, was directed to pro- vide a clear cut, specific report explor- ing all alternatives. Funding sources one and two were supported and any remaining sources will be considered at the next Committee meeting. 2. Police Budget - The Committee unani- mouslY-accepted-the recommendations sub- mitted by the Police Department and com- mended them for an outstanding jOb. Discussion was held concerning putting the recommen- dations made by the Chief of Police on the agenda for the next Council Meeting. Discussion was held regarding the possibility of the Police Department having a drug related task force. 3. CDBG Fund Review - Item continued. 4. Cable TV Franchise Fees - Item con- tinued.--The Financ-eIiTrector was asked to prepare a summary of dollars paid and what the City can legally do to reclaim any excess fees that might have been paid by our citizens. 32 9/9/86 5. RDA/Community Development Separation - The committee recommended approval of the separation and directed it to be placed on the September 8, 1986 agenda. 6. Liability Claim/Tony Aragon - Item continue~--Factual-Information-regarding the circumstances of the occurrence was requested. council Member Reilly made a motion, seconded by Council Member Marks and unanimously carried, that the report of the Ways and Means Committee meeting held August 25, 1986, be received and filed; and that the City Admini- strator be directed to place the recommendations submitted by the Police Department concerning the Police Budget on the agenda for the next Council Meeting. COUNCIL MEMBERS QUIEL AND FRAZIER RETURNED Council Members Quiel and Frazier returned to the Council Meeting and took their places at the Council Table. COMMUNITY TELEVISION COMMISSION - DISCUSSION REGARDING MEMBERSHIP This is the time and place set to consider Council Member Marks' request to discuss the membership require- ments of the Community Television Commission. (23) Discussion was held concerning the possibility of a counterbalancing effect on the progress of the Co~nunity Television Commission by allowing membership on the Com- mission by person(s) representing a company which is in essence reviewed and governed by the Commission. Russ Lackner, Commission, spoke Priest, Manager of mission. Chairman of the Community Television regarding the membership of Larry Chambers Cable Television, on the Com- Larry Priest, Manager of Chambers Cable Television, stated that the meetings of the Community Television Com- mission are public meetings and that if he was not a Com- missioner, he would attend the meetings as a citizen. Discussion was held concerning the possibility of having an ex-officio member of the Commission without voting privileges, who is a member of the cable television industry. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the matter concerning allowing a member of the cable televi- sion industry as a Commissioner on the Community Tele- vision Commission, be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernar- dino, to be held September 22, 1986, in the Council Cham- bers of City Hall, so that Council Member Quiel may have an opportunity to discuss the membership of the Community Television Commission with Commission Chairman Russ Lack- ner and Commissioner Larry Priest. TAPING OF COUNCIL COMMITTEE MINUTES - DISCUSSION This is the time and place set for discussion con- cerning the taping of Council Committee Minutes, as re- quested by Council Member Marks. (24) Discussion was held concerning an informal policy to begin the taping of Council committee meetings. 33 9/9/86 The discussion was held over until Council Member Estrada is present at the meeting. (See Page 35) RENAMING OF MUSCOTT STREET - DISCUSSION This is the time and place set for discussion regar- ding the renaming of Muscott Street, as requested by Council Member Frazier. (2S) Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that a public hearing be set and advertised for 4:00 p.m., October 6, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, concerning the renaming of Muscott Street, between Fifth Street and north to Cajon Blvd. ORD. MC-S42 - ORDINANCE OF THE CITY OF BERNARDINO ADDING CHAPTER 15.57 TO THE BERNARDINO MUNICIPAL CODE RELATING CULTURAL DEVELOPMENT CONSTRUCTION FEES. SAN SAN 'ro FINAL (50) City Clerk Clark read the title of the ordinance. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the ordinance be waived. Discussion was held concerning the reconstruction aspect of the ordinance. Council Member Marks made a motion, seconded by Council Member Hernandez, that said ordinance be adopted. Ordinance MC-S42 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Frazier. Noes: Council Members Quiel, Strickler. Absent: Council Member Estrada. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the ordinance concerning adding Chapter 15.57 to the San Ber- nardino Municipal Code, be reconsidered. Frank Plash, representing the Inland Empire Symphony and the San Bernardino Valley Concert Association, thanked the Mayor and Common Council for their support of the proposed fee on behalf of his constituents. Council Member Marks made a motion, seconded by Council Member Reilly, that the adoption of Ordinance MC-542 be affirmed. The motion was carried by the following vote: Council Members Reilly, Hernandez, Marks, Frazier. Council Members Quiel, strickler. Absent: Council Estrada. Ayes: Noes: Member WATER CON'rAMINATION BRIEFING This is the time and place set cerning City water contamination, as Member Hernandez. for a briefing con- requested by Council (28) Herb Wessel, General Manager of the Water Department, provided a report concerning requirements of the Regional Water Quality Control Board and needed funding for the requirements. Discussion was held concerning a tertiary treatment process being implemented within four to five years. 34 9/9/86 The Mayor and Common Council requested a full, de- tailed summary of the water service needs. Herb Wessel, General Manager of the Water Department, answered questions regarding compliance with EPA stan- dards, and any penalties that may be assessed if they take administrative action. No official action was taken. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meeting. TAPING OF COUNCIL COMMITTEE MEETINGS - CONTINUED FROM EARLIER IN MEETING This is the time and place deration of the taping of Council Page 3J). continued to for consi- Committee Meetings. (See (24) Discussion was held concerning the necessity of taping all Council Committee Meetings, how long a tape should be retained and the cost involved in taping the meetings. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that ef- fective imnlediately all Council Committee Meetings will be taped. ANIMAL CONTROL ORDINill~CE - RESOLUTION ESTABLISHING ANIMAL CONTROL FEE SCHEDULE In a memorandum dated August 29, 1986, City Attorney Prince provided a draft of the new Animal Control Ordi- nance that was approved by the Ways and Means Con~ittee. He stated that the Legislative Review Committee has sug- gested further revisions of the ordinance; specifically that the permit system contained in the San Bernardino Municipal Code Section 6.12.090 be revised to apply to exotic and wild animals kept within City limits. (29) Paul Turner, Director of Animal Control, answered questions concerning his recommendation that a permanent process incorporating permits for exotic animals be adop- ted, and concerning the number and type of complaints received by his office. Loren McQueen, Deputy City Attorney, answered ques- tions regarding the writing of separate ordinances for all livestock and exotic animals and bringing the ordinances back to the Council for review by September 22, 1986. No formal action was taken. COUNCIL MEMBERS ESTRADA, QUIEL AND FRAZIER EXCUSED Council Members Estrada, Quiel and Frazier left the Council Meeting. CUSTODIAL SERVICES - PUBLIC BUILDINGS - REPORT OF BIDS In a memorandum dated August 26, 1986, Roger Hard- grave, Director of Public Works, City Engineer, provided a report of the bids received for custodial services for various public buildings throughout the City, per Plan No. 7021. (30) City Administrator Schweitzer answered questions regarding cost effectiveness of outside contracting of custodial services and preparation of a report to show what is reasonable. 3S 9/8/86 council Member Hernandez made a motion; seconded by Council Member Marks and unanimously carried, that the report of bids for providing custodial services for vari- ous public buildings throughout the City, in accordance with Plan No. 7021, be referred to the Ways and Means Commi t tee for rev iew and development of a recommendation on contracting out custodial services. COUNCIL MEMBER ESTRADA RETU~~ED Council Member Estrada returned Meeting and took her place at the Council to the Table. Council STORM DRAINAGE DETENTION BASIN - HILLCREST PARK - APPROVAL AND AUrHORIZA'rION TO CONSIDER CONSTRUCTION OF DUAL PURPOSE PARK AREA - TEN'rA'rIVE 'rRACT 10260 In a memorandum dated August 27, 1986, Roger Hard- grave, Director of Public Works/City Engineer, stated that staff has been approached by developers of Tentative Tract No. 10260, located north of Hill Drive between Mayfield and "F" Streets, to consider a dual usage of the City's Hillcrest Park, and the benefits this would provide to the City. (31) Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the concept of secondary use of Hillcrest Park as a storm drainage detention facility be approved in principle, and authorization granted for staff to work with the subdivi- der of Tract No. 10260 in developing final plans. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13296, LOCATED ON THE SOUTH- EASTERLY CORNER OF HOME AVENUE AND PENN- SYLVANIA AVENUE, ACCEPTING THE PUBLIC DEDICA'rIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECU'rION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (Continued from August 18, 1986) (33) City Clerk Clark read the title of the reSOlution. council Member StriCkler made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived, and that the resolution concerning the final map for Subdivision Tract No. 1329b, be tabled. CONTINUANCE OF MEETING At 5:00 p.m., Council Member Marks made a motion, seconded by Council Member Hernandez and unanimous ly car- ried, that the Council Meeting continue until completion of the agenda. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMEN'r TO LEASE AGREEMEN'r WITH THE BOARD OF WATER COMMISSIONERS RELATING TO LEASE OF OFFICE SPACE IN CITY HALL. (36) City Clerk Clark read the title of the resolution. 36 9/9/86 Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived, and that the resolution concerning an amendment to the lease agreement with the Board of Water Commissioners be continued to September 22, 1986. READING AND WAIVING 0],' RESOLU'rIONS City Clerk Clark read the titles of the remaining resolutions on the agenda. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolutions be waived. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. RES. 8b-361 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 83-48 ENTITLED IN PART "RESOLUTION... ESTABLISHING A PROCEDURE FOR THE APPEAL OF ADMINISTRATIVE DECISIONS TO THE PLN,NING COMMISSION." (38) Council MeInber Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. vote: Marks, Quiel, Resolution No. 86-361 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Strickler. Noes: None. Absent: Council Members Frazier. RES. 86-362 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6429 AFFECTING SALARY SCHEDULES FOR SWORN POLICE AND FIRE EMPLOYEES PER CHARTER AMENDMENT 186. (39) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. vote: Marks, Quiel, Resolution No. 86-362 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Strickler. Noes: None. Absent: Council Members Frazier. RES. 86-363 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO AGREEMENT WITH EUGENE R. HENRIKSEN PROVIDING FOR A ONE YEAR EXTENSION OF THE CONTRACT RELATING TO POLICE FIREARMS TRAINING. (40) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. vote: Marks, Quiel, Resolution No. 86-363 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Strickler. Noes: None. Absent: Council Members Frazier. COUNCIL MEMBER QUIEL RETU~,ED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. 37 9/9/86 I RESOLUTION OP THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AND RATIFYING A THIRD AMENDMENT TO LEASE WITH WILLIE CLARK RELATING TO PREMISES LOCATED AT 2656 WEST FOOTHILL BOULEVARD TO EXTEND THE TERM FOR ONE ADDITIONAL YEAR, EFFECTIVE JULY 1, 1986. (41) Council Member Marks made a motion, seconded by Council ~lember Hernandez and unanimously carried, that the lease with Willie Clark relating to premises located at 2656 West Foothill Boulevard be continued on a month-to- month basis, at $200.00 per month. City Administrator Schweitzer was requested to check out the facilities at Nicholson Park as a possible site for a Police Carununity Center. COUNCIL MEMBERS QUIEL AND STRICKLER EXCUSED Council Members Quiel and Strickler left the Council Meeting. RES. 86-364 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIF'rH AMENDMENT TO AGREEMENT WITH DR. ROBERT WARBURTON MILLER PROVIDING FOR A ONE-YEAR EXTENSION OF THE CONTRACT RELATING TO PSYCHOLOGICAL EXAMI- N~rIONS FOR THE POLICE DEPARTMENT. (42) City Administrator Schweitzer answered questions concerning funding for the services. Council Member Reilly made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted and that funding is to come from existing resources in the Police Department Budget. Resolution No. 86-364 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks. Noes: None. Absent: Council Members Quiel, Frazier, Strickler. COUNCIL MEt1BERS QUIEL AND STRICKLER RETURNED Council Members Quiel and Strickler returned to the Council Meeting and took their places at the Council Table. RES. 86-3bS - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO SEIBERT SECURITY SERVICE FOR THE FURNISHING AND DELIVERY OF SECURITY SERVICE TO BE UTIL- IZED BY THE CENTRAL LIBRARY IN ACCORDANCE WITH BID SPECIFICATION F-86-32. (43) City Attorney Prince answered questions concerning the appropriateness of the resolution, as the Library Board has authority to govern the library. Council Member Strickler requested that the record reflect that he questioned the appropriateness of the resolution. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. 38 9/8/86 Resolution No. 86-36S was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. RES. 86-366 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO TRI- COUNTY OFFICIALS FOR THE f'URNISHING AND DELIVERY OF UMPIRING SERVICES TO BE UTIL- IZED BY THE PARK, RECREATION & CO~~UNITY SERVICES DEPARTMENT IN ACCORDANCE WITH SPECIFICATION NO. F-87-1. (44) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. vote: Marks, Member Resolution No. 86-360 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Council Frazier. RES. 86-367 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE RESURFACING OF PUMALO STREET FROM STERLING AVENUE 'ro ARDEN AVENUE. (47) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. Resolution No. 86-367 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. RES. 86-3b8 - A RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, OVER CITY OWNED PROPERTY LOCATED AT SIXTH S'rREE'r, WEST OF PEDLEY, SAN BERNARDINO, CALIFORNIA. (49) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. Resolution No. 86-368 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. RES. 86-369 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO FIDELITY NATIONAL INSURANCE COMPANY FOR THE FUR- NISHING AND DELIVERY OF CONDEMNATION GUARANTEE REPORTS TO BE UTILIZED BY THE BUILDING & SAFETY DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-86-31. (45) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 86-369 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. 39 9/ 9/86 RES. 86-370 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND RATIFYING EXECUTION OF THE FIRST AMENDMENT TO THE AGREEMENT FOR WEED ABATEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ED MARTIN'S DISCING. (46) Discussion was held concerning the charges assessed for discing services and hand cleaning. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted and that Superintendent of Public Works Moreno be requested to respond to the ques- tions concerning charges assessed for discing services and hand cleaning. vote: Marks, Member Resolution No. 86-370 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Council Frazier. RESOLUTION OF 'rHE CI'rY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED IN PART "A RESOLUTION. . . PROHIBITING PARK- ING UPON CERTAIN DESIGNATED STREETS OR POR'rIONS THEREOF. ." TO ESTABLISH A NO PARKING ZONE ON PORTIONS OF MT. VIEW AVE- NUE, RIALTO AVENUE, SECOND STREE'l' AND SIERRA WAY. (48) Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be referred to the Public Works Department and the Police Department for a report back to the Mayor and Common Council. ORDINANCE OF 'rHE CITY" OF SAN BERNARDINO FIRST AMENDING SECTION 18.40.160 OF THE SAN BER- NARDINO MUNICIPAL CODE TO PROVIDE FOR TWO MEANS OF INGRESS AND EGRESS. (51) The City Clerk read the title of the ordinance. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said ordinance be referred to the City Attorney for cor- rections with input from Council Members Reilly, Marks, Quiel, and continued to September 22, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. ORDINANCE OF THE CITY" OF SAN BERNARDINO FI~T ADDING CHAPTER 2.61 TO THE SAN BERNARDINO MUNICIPAL CODE TO IMPOSE REQUIREMENTS CON- CERNING CONFLICTS OF INTEREST IN ADDITION TO THOSE IMPOSED BY THE POLITICAL REFORM ACT OF 1984, AND PROVIDING FOR THE PUNISH- MENT OF VIOLATIONS THEREOF. (S3) RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY" OF SAN BERNARDINO IMPOSING REQUIREMENTS CONCERNING CONFLICTS OF INTEREST IN ADDITION TO THOSE IMPOSED BY THE POLITICAL REFORM ACT OF 1974, AND PRO- VIDING FOR THE PUNISHMENT OF VIOLATIONS THEREOF. (54) 40 9/9/86 The City Clerk read the titles of the ordinance and resolution. Council Member Hernandez made a motion, seconded by Council Member Marks, that further reading of the ordi- nance and resolution be waived. The motion Council Members Council Members Frazier. failed by the following Estrada, Reilly, Hernandez, Quiel, Strickler. Absent: vote: Marks. Council Ayes: Noes: Member The City Clerk read the entire ordinance. Sr. Assistant City Attorney Briggs explained that he was directed to prepare this ordinance by Mayor Pro Tem- pore Hernandez and that State Law allows cities to adopt standards more restrictive than existing in the Government Code. Each Council Member responded to the ordinance which was discussed at length. Sr. Assistant City Attorney Briggs explained how the proposed ordinance differs from existing State Law and the Political Reform Act and answered questions. Council Member Quiel made a motion, seconded by Council Member Strickler, that said ordinance and resolu- tion be tabled and the City Attorney be instructed to set up a meeting with representatives from the Fair Political Practices Commission, the District Attorney and the Attor- ney General before the Mayor and Common Council for the purpose of discussion conflict of interest regulations. The motion Members Estrada, Counc i 1 Member Frazier. carried by the following vote: Reilly, Marks, Quiel, Strickler. Hernandez. Absent: Council Council Noes: Member COUNCIL MEMBERS ESTRADA AND REILLY EXCUSED Council Members Estrada and Reilly left the Council Meeting. GENERAL REPORTS AND CORRESPONDENCE Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the following items be filed: (55) a. Board of Building Commissioners' Resolutions as follows: BBC 1109 BBC 1110 BBC 1111 BBC 1112 BBC 1113 BBC 1114 BBC 1115 928 N. Acacia 2048 N. Lugo 637 So. "I" Street 3048 N. pico 750 N. "G" Street 1548 N. Mt. Vernon 1347 1/2 W. Oak COUNCIL MEMBERS ESTRADA AND REILLY RETURNED Council Members Estrada and Reilly returned to the Council Meeting and took their places at the Council Table. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. 41 9/ 9/86 REQUEST TO AUTHORIZE THREE ADDITIONAL CROSSING GUARDS FOR INTERSECTIONS OF LYNWOOD DRIVE AT VICTORIA AVENUE, LYNWOOD DRIVE AT BELVEDERE AVENUE, AND LYNWOOD DRIVE AT ARDEN AVENUE In a memorandum dated August 26, 1986, Burnett, Chief of Police, explained the need additional crossing guards. Donald J. for three (S-l) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the placement and funding of three school crossing guards at the intersections of Lynwood Drive at Victoria Avenue, Lynwood Dr. at Belvedere Ave., and at Lynwood Dr. and Arden Ave., at an annual cost of $6,606.2S be approved. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. RES. 86-371 - RESOLU'rION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO PAYNE-WHITNEY CO. FOR 'rHE FURNISHING AND DELIVERY OF STREET HOT SURFACE RECYCLING TO BE UTILIZED BY THE PUBLIC SERVICES/S'fREE'r DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-87-2. (S-2) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. vote: Marks, Member Resolution No. 86-371 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Council Frazier. RES. 86-372 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO AREA CHAMBER OF COMMERCE RELATING TO FUNDING TO ASSIST WITH THE PROMOTION OF THE "TOPS IN BLUE" SHOW. (S-3) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. vote: Marks, Member Resolution No. 86-372 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Council Frazier. STREET CLOSURE - FIESTA - SEPTEMBER 16, 1986 - LA PLAZA PARK In a memorandum dated September 8, 1986, Council Member Estrada presented a memorandum dated August 26, 1986 from City Administrator Schweitzer, a letter dated August 18, 1986 from Alfredo Enciso, and other documenta- tion regarding the request of the Inland Empire Hispanic Chamber of Commerce to have approval of the closure of 7th Street and Victoria in connection with a Fiesta at La Plaza Park. (New Business) 42 9/9/86 Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the Mayor and Common Council approve the closure of 7th Street and Victoria for the 16th of September Fiesta at La Plaza Park which is requested by the Inland Empire Hispanic Chamber of Commerce. The streets will be closed September 11 through 16, 1986. ORDINANCE OF THE CI'rY OF SAN BERNARDINO FIRST REQUIRING A REVIEW OF PLANS FOR SINGLE FAM- ILY DWELLINGS WITHIN THE FOOTHILL AREt\, AND DECLARING THE URGENCY THEREOF. (New Business) City Clerk Clark read the title of the ordinance. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the ordinance be waived. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. Council Member Marks explained the purpose of this ordinance and that it would only apply to a single family dwelling. City Attorney Prince answered questions. Council Member Marks made a motion, seconded by Counci 1 Member Uuie 1, to amend the ordinance by adding a following phrase on page 1, line 10, after the word dwel- lings "except on subdivisions developments", anu to adopt the ordinance as amended as an urgency measure. The motion failed by the following vote: Council Members Reilly, Marks, Quiel. Noes: Member Hernandez. Absent: Council Members Strickler. Abstain: Council Member Estrada. Ayes: Council Frazier, COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. Council Member Marks made a motion, seconded by Council Member Quiel, to amend the ordinance by striKing the urgency clause and to lay the ordinance over for final passage. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Strickler. Noes: Council Member Hernandez. Absent: Council Member Frazier. RECESS MEETING - CLOSED SESSION At 7:28 p.m., Council Member Strickler made a motion, seconded by Council Member Uuiel and unanimously carried, that the Adjourned Regular Meeting of the Mayor and Common Council recess to a Closed Session under the authority of Government Code Section 54956.9(a) to discuss pending litigation, Walsh et al; and Government Code Section 54956.8 to give-Instructions to the City's Negotiator regarding the following claims: Liability Claim 81A-03S, Deanne Murray v. City; Liability Claim 86B-OIO, Virginia MartIn-v~-CIty;-arld-Liability Claim 83A-063, Ronnie Ortiz v~-cIt-y~------ (32) 43 9/ 9/86 CLOSED SESSION At 7:28 p.m., the Closed Session was called to order by Mayor Wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Reilly, Marks, Quiel, StriCKler; City Attorney Prince, City Clerk Clerk, City Administrator Schweitzer. Absent: Council Members Estrada, Hernandez, Frazier. Also present: Richard Bennecke; Arvizo. Administrative Assistant to the Mayor Executive Assistant to Council Phil ADJOU~~ CLOSED SESSION At 8:00 p.m., the Closed Session adjourned to the Adjourned Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 8:00 p.m., the Adjourned Regular Meeting recon- vened 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, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Estrada, Hernandez, Frazier. ADJOURN MEETING At 8:00 p.m., Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting be adjourned to 1 :00 p.m., Friday, Sep- tember 12, 1986, in the Redevelopment Agency Board Room, Third Floor, City Hall, 300 North "D" Street, San Bernar- dino, California. (61) fi,:@//d ~Af; ,/ City Clerk 44 9/9/86