HomeMy WebLinkAbout10-06-1986 Minutes
City of San Bernardino, California
October 6, 1986
The Regular Meeting of the Mayor and Common Council
of the City of San Bernardino was called to order by Mayor
wilcox at 9:06 a.m., on Monday, October 6, 1986, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
INVOCATION
The Invocation was given by Richard Bennecke, Admin-
istrative Assistant to the Mayor.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member
Quiel.
ROLL CALL
Roll Call was taken by City Clerk Clark with the
following being present: Mayor Wilcox; Council Members
Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler;
Assistant City Attorney Wilson, City Clerk Clark, City
Administrator Schweitzer. Absent: Council Member Marks.
CHANGE OF DECEMBER MEETING DATES - TO DECEMBER
8 AND 22, 198\)
Mayor Wilcox asked if any Council Members were plan-
ning to attend either the League of California Cities
meeting or the National League of Cities Congress. Sev-
eral Council Members indicated they would be attending the
National League of Cities Congress meeting which is being
held November 29, 1986 through December 3, 1986, which
would conflict with the first Council meeting date in
December.
Council Member Strickler made a motion, seconded by
Council Member Frazier and unanimously carried, that the
Council Meeting dates in December be changed to December 8
and December 22, 1986.
APPOINTMENT - FINE ARTS COMMISSION - MRS.
SYLVIA CICHOCKI - MAYOR WILCOX
Pursuant to a mel110ranUum dated September 22, 198b,
from Mayor Wilcox, Council Member Quiel made a motion,
seconded by Council Member Frazier and unanimously car-
ried, that the appointment of Mrs. Sylvia Cichocki, 747
Parkdale Drive, San Bernardino, CA 92404, to the Fine Arts
Commission be approved.
APPROVE MINUTES - SEPTEMBER 29, 198b
Council Member Strickler made a motion, seconded by
Council Member Hernande2, that the minutes of the Mayor
and Common Council of the City of San Bernardino held on
the 29th day of September, 1986, be approved as submitted
in typewritten form. (l)
Council Member Quiel stated he would abstain on vot-
ing on this matter due to the fact he was absent at the
meeting of September 29, 1986.
The motion carried by the following vote: Ayes:
Council Members Estrada, Reilly, Hernandez, Frazier,
Strickler. Absent: Council Member Marks. Abstain:
Council Member Quiel.
CLAIMS AND PAYROLL
Council Member Strickler made a motion, seconded by
Council Member Hernandez and unanimously carried, to ap-
prove demands against the City and authorize the
of warrants as follows:
issuance
(2)
1. Approve the register of demands uated:
September l6, 1986
September 23, 1986
86/87 #3
86/87 #4
$l,272,848.30
l,106,810.16
2. Approve the total gross payroll for the period
September 1, 1986, through September l4, 1986,
in the amount of $l,326,l31.19.
PERSONNEL ACTIONS
Council Member Strickler 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, with the exception of the appoint-
ment of Michael S. Curry, be approved and ratified. (See
Item S-4, page 44 for related action) (3)
APPOINTMENTS
Fire Department
Dispatcher I - Effective October 7, 1986
Judy G. Hines
David J. Lewis
Public Works/Engineering
Jon B. Roberts - Field Engineer - Effective
October 7, 1986
TEMPORARY APPOINTMENTS
Animal Control
Animal License Checker - Effective October 7, 1986
Yoshimi Turner David C. Maquinalez
Rosemary Rice
Police Department
Anna P. Stanbrough - Crossing Guard - Effective
September 23, 1986
APPOINTMENT/PROVISIONAL
Community Development
Nestor Nazario - Rehabilitation Coordinator -
Effective October 7, 1986
PROMOTION
Police Department
Michael J. Bemis - Dispatcher II - From Dispatcher I
to Dispatcher II - Effective October 7, 1986
HIGHER ACTING CLASSIFICATION
Public Works/Engineering
David S. Eickhoff - Engineering Aide - Effective
September 22, 1986 - Duration from September 22, 1986
to December 3l, 1986
Police Department
Dawn L. Zaharopoulos - Chief Dispatcher - Effective
September 24, 1986 - Duration from September 24, 1986
to December l7, 1980
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10/6/86
HOUSING AUfHORITY OF SAN BERNhRDINO COUN'fY -
ALLOCATION OF ADDITIONAL EXISTING SECTION 8
CERTIFICA'fES
In a memorandum dated September 25, 1986, Kenneth
Henderson, Director, community Development Department, ex-
plained regulations regarding the allocation of Section 8
Certificates under the Section 8 Existing Housing Voucher
Program. (6)
Council Member Strickler made a motion, seconded by
Counci 1 Member Hernandez and unanimous ly carr ied, to
authorize the Mayor to send a letter to Housing Authority
of San Bernardino County approving allocation of addi-
tional existing Section 8 Certificates to the City of San
Bernardino.
CDBG GRANTEE PERFORMANCE REPORT (GPR) - FY 1985/86
In a memorandum dated September 25, 1986, Kenneth
Henderson, Director, Community Development Department,
presented the annual Grantee Performance Report (GPR) for
the Community Development Block Grant (CDBG) 1985/86 Fis-
cal Year and stated that said report had been submitted
to the Department of Housing and Urban Development (HUD).
(7 )
Council Member Strickler made a motion, seconded by
Council Member Hernandez and unanimously carried, to r-
eceive and file FY 1985/86 CDBG Grantee Performance
Report.
SALE OF HELICOPTERS - PROCEEDS FOR PURCHASE
OF FIRE DEPARTMENT EQUIPMENT
In a memorandum dated September 21, 1986, Gerald M.
Newcombe, Fire Chief, stated that two helicopters and
spare parts were listed for sale with three weekly air-
craft magazines and six bids had been received. The high
bid of $68,970 by Jim Smith of West Farm Air, was accep-
table and was recommended for approval. Chief Newcombe
also requested that certain items, as listed, be approved
for purchase, utilizing the proceeds from the sale of the
helicopters for payment. (8)
Council Member Strickler made a motion, seconded by
Council Member Hernandez and unanimously carried, that the
sale of the helicopters be approved and that the proceeds
be allocated for purchase of Fire Department equipment as
follows:
PRIORI'rY ITEM COST
l. Vehicle, Suburban Wagon $22,000
w/command post module (l)
2. Radio, HT, w/mobile charger (6) l2,OOO
3. Hose, 4", W/fittings (25 lengths) 9,000
4. Bottles, breathing apparatus (lO) 3,000
5.
Reflectors, fire hydrant marker
(3,700)
4,000
6.
Phone, cellular (1)
2,500
7 .
Computer, portable w/printer (l)
1,000
8.
Auto, midsize (2)
14,000
TOTAL
67,500
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SIXTH WARD PARK EXTENSION FUNDS - DELjvjANN HEIGH'rS
COMMUNITY CENTER - PURCHASE OF WEIGHT EQUIPMENT
In a memorandum dated September 19, 1986, Annie
Ramos, Director, Parks, Recreation & Community Services,
explained what equipment would be purchased to help refur-
bish the exercise room at the Delmann Heights Community
Center, which would contribute to the variety of activi-
ties that can be offered. (9)
Council Member strickler made a motion, seconded by
Council Member Hernandez and unanimously carried, that
$812 from the Sixth Ward Park Extension Funds for the
purchase of weight exercise equipment for Delmann Heights
Community Center, be approved.
VERDEMON'r AREA - SOUTHEASTERLY OF CABLE CANYON
ROAD - FRONTAGE ROAD IMPROVEMENT DISTRICT
In a memorandum dated September 23, 1986, Roger
Hardgrave, Director of Public Works/City Engineer, stated
that a petition had been received by his office requesting
the formation of an assessment district for dedication and
improvement of a frontage road in the Verdemont area,
southerly of Cable Canyon Road. A deposit in the amount
of $20,000 has been made by the Campeau Corporation for
the development of the road. (lU)
Council Member Strickler made a motion, seconded by
Council Member Hernandez and unanimously carried, that the
City Engineer and City Clerk be authorized to initiate
proceedings for the establishment of an assessment dis-
trict under the provisions of Chapter l2.90 of the San
Bernardino Municipal Code, and that the City Engineer be
directed to prepare an Engineer's Report for the proposed
improvement of a frontage road in the Verdemont area lo-
cated southeasterly of Cable Canyon Road, in the City of
San Bernardino.
WILDWOOD PARK - ELKS FIELD - CONSTRUCTION OF
RESTROOM - MT. VIEW CONSTRUCTION
In a memorandum dated September 17, 1986, Roger Hard-
grave, Director of Public Works/City Engineer, explained
that the construction of the restroom at Elks Field in
wildwood Park was satisfactorily completed on September
lO, 1986. The final contract price with Mt. View Con-
struction was $35,939.12. (ll)
Council Member Strickler made a motion, seconded by
Council Member Hernandez and unanimously carried, that the
work performed by the contractor, in accordance with Spec-
ification No. 6949 be approved and accepted; and that
final payment be authorized at the expiration of the lien
period.
DEL VALLEJO JR. HIGH SCHOOL - CONSTRUC'rION OF
RESTROOM/CONCESSION BUILDING -ADVERTISE FOR BIDS
In a memorandum dated september 24, 1986, Roger Hard-
grave, Director of Public Works/City Engineer, stated that
bids for the proposed construction of a restroom/conces-
sion building at Del Vallejo Jr. High School had been
prepared by the Engineering Division, and the project is
ready to be advertised for bids. The estimated cost is
$l87, 800, which includes a 15% contingency amount of
$24,460. $165,000 has been allocated under Account No.
243-363-57521, "Del Vallejo Park - Concession Stand" to
finance the costs incurred for this project. Supplemental
funds may be needed to cover any contingencies encountered
during construction. (12)
Council Member Strickler made a motion, seconded by
Council Member Hernandez and unanimously carried, that the
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lU/6/86
plans for construction of a restroom/concession building
at Del Vallejo Jr. High School, in accordance with Plan
No. 6865, be approved; and the Director of Public Works/
City Engineer be authorized to advertise for bids.
REHASILITA'rION OF ARROHHEAD AVENUE - CHANGE ORDER
NO. ONE - MATICH CORPORATION
In a mehlorandum dated September l8, 1986, Roger Hard-
grave, Director of Public Works/City Engineer, explained
the need for Change Order No. One to the contract with
Matich Corporation for pavement rehabilitation of Arrow-
head Avenue. (l3)
Council Member Strickler made a motion, seconded by
Council Member Hernandez and unanimously carried, that
Contract Change Order No. One to the contract with Matich
Corp., for Arrowhead pavement rehabilitation, be approved
to authorize the removal of soft spots in subgrade at a
net increase of $I,U91.49, remove and replace concrete
cross gutter at an increase of $l,709.46, install 8" edge-
line and L marker at an increase of $176.09, and remove
and replace 20' of curb and gutter at a net increase of
$270.27, all with a total net increase in the contract of
$3,247.27, from $26l,964.00 to $265,211.26, and that the
work performed by the contractor, in accordance with Spec-
ification No. 6803, be approved and accepted, and that
final payment be authorized at the expiration of the lien
period.
NICHOLSON PARK COMMUNITY CENTER - CHANGE ORDER
NO. FOUR - DUNCAN CONSTRUCTION - ACCEPTANCE OF WORK
In a memorandum dated September 23, 1986, Roger Hard-
grave, Director of Public Works/City Engineer, explained
the need for Change Order No. Four to the contract with
Duncan Construction for construction of Nicholson Park
Community Center. He also stated that the construction
was satisfactorily completed on September l7, 1986. (l4)
Council Member Strickler made a motion, seconded by
Council Member Hernandez and unanimously carried, that CCO
No. Four be approved to authorize the contractor to in-
stall heating/cooling duct elbows in order to miss the
lighting fixtures and to authorize a deduction for work
performed by City contractors to correct door locks and
security items; additionally, that the work performed by
the contractor, in accordance with Specification No. 6781,
be approved and accepted; and that the final payment be
authorized at the expiration of the lien period.
PARCEL MAP NO. 99.39 - SOUcrHEAST CORNER OF HUFF
AND ARROWHEAD - WAIVER - JOHN DAY, ARROWHEAD-HUFF
COl-lPAc'\1Y
In a letter dated September 23, 1986, John Day, Gen-
eral Partner, Arrowhead-Huff Company, 803 East Broadway,
Suite D, Glendale, CA 9l205, requested a waiver of certain
conditions attached to the approval of Parcel Map #9939,
which were imposed by the City Engineer. Those conditions
include a section of sidewalk paving on Huff Street, a
handicapped curb ramp at the corner of Huff Street, street
lighting and the undergrounding of existing Edison Company
power service along the property street frontages. (4)
City Administrator Schweitzer answered questions,
stating that action taken today on this matter would be
merely to set a hearing.
Council Member Quiel made a motion, seconded by
Council Member Strickler and unanimously carried, that the
request for waiver of certain conditions attached to the
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10/6/86
approval of Parcel Map No. 9939 be set for a hearing at
9:00 a.m., on Monday, October 20, 1986.
COUNCIL MEMBER HENANDEZ EXCUSED
Council Member Hernandez left the Council Meeting.
1986-87 SUPPLEl'lENTAL APPROPRIATION PROGRAM MIX -
AUTHORIZATION TO SOLICIT PROPOSALS
In a memorandum dated September 24, 1986, Ken Hender-
son, Director, Community Development Department, explained
that the City had been notified by the Department of Hous-
ing and Urban Development (HUD), that the City's 1986-87
CDBG original entitlement of $1,425,000 had been in-
creased by $293,000, for a new total of $1,718,000. He
stated that in order to amend the City's Grant Agreement
with HUD to reflect this increase, public participation
agreements must be met. Mr. Henderson listed various
previously funded CDBG projects that have been closed out
and have unexpended and unencumbered fund balances. (5)
Ken Henderson, Director, Community Development De-
partment, answered questions regarding the amount of
$88,360.36, project 770 - Census Tract 42, Engineering,
Grading, Etc. This matter had previously been discussed
at the Ways and Means Committee, and Mr. Henderson ex-
plained that information obtained from the Director of
Finance, Director of Public Works, and Superintendent of
Public Services, indicates that this project is no longer
active and there are no outstanding billings. Based on
that information, the recommendation was made that this
fund be converted to supplemental appropriations.
Council Member Frazier made a motion, seconded by
Council Member Quiel, that the Council go on record in
setting aside the amount of $88,360.36, Project 770 Census
Tract 42, Engineering, Grading, etc., until it can be
better determined where this money came from, with a re-
port back at the meeting of October 20, 1986, and that the
rest of the report be approved.
COUNCIL MEMBER HERNANDEZ RETURNED
Council Member Hernandez returned to the Council
Meeting and took his place at the Council Table.
READING AND V~AIVING RESOLUTIONS
City Clerk Clark read the titles of all the resolu-
tions on the Council Agenda.
COUNCIL MEMBER MARKS ARRIVED
At 9:17 a.m., Council Member Marks arrived at the
Council Meeting and took his place at the Council Table.
Council Member Frazier made a motion, seconded by
Council Member Hernandez and unanimously carried, that
further reading of the resolutions be waived
RES. 86-387 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIREC'fING THE
EXECUTION OF A FIRST AMENDMENT TO AGREEMENT
BE'fWEEN THE CI'fY OF SAN BERNARDINO AND
COMMUNICATION RESOURCES COMPANY RELATING TO
'rELEPHONE CONSULTING SERVICES. (l7 )
Council Member Hernandez made a motion, seconded by
Council Member Marks, that said resolution be adopted.
Resolution No. 86-387 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Hernandez,
Marks, Quiel, Frazier, Strickler. Noes: None. Absent:
None.
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RESOLU'fION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF
AN AGREEMENT BETHEEN THE CrfY OF SAl'l BER-
NARDINO AND THE SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT. (Stay in School Program) (l~)
Council Member Marks made a motion, seconded by
Council Member Frazier and unanimously carried, that said
resolution be continued to the afternoon session. The
City Adhlinistrator was instructed to have at that time the
file on this matter, including the report of the task
force, which was chaired by Council Member Marks. (See
page 34)
RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 86-62 TO EXTEND
TERM OF INDUCEMENT RESOLUTION FOR MULTI-
FAMILY MORTGAGE REVENUE BONDS FOR VLACH
PROJEC'r THROUGH DECEMBER l5, 1986. (lb)
Ken Henderson, Director, Community Development De-
partment, answered questions, stating that the "up front"
money had not been paid by Mr. Leo Vlach, developer of the
project. Mr. Henderson also stated that permits approved
by the Planning Department were due to expire sometime
this week and cannot be extended. He recoilluended that the
resolution be tabled and that the inducement life of the
resolution be allowed to expire on November 3, 19B6.
Council Member strickler made a motion, seconded by
Council Member Quiel and unanimously carried, to deny the
request for extending the term of the inducement resolu-
tion for multi-family mortgage revenue bonds for Vlach
Apartments Project.
COUNCIL MEMBERS HERNANDEZ AND MARKS EXCUSED
Council Members Hernandez and Marks left the Council
Meeting.
RES. 80-38B - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE ARROVmEAD OPERA INS'fI-
TUTE, INLAND EMPIRE SYMPHONY, CIVIC LIGHT
OPERA ASSOCIATION, AND LINKS, INC., FOR
FINE ARTS GRANT ALLOCATIONS FOR FISCAL YEAR
1986-87. (18)
Council Member Frazier made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
Resolution No. 86-388 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Quiel,
Frazier, Strickler. Noes: None. Absent: Council Mem-
bers Hernandez, Marks.
RES. 86-389 - RESOLU'rrON OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 6413
ENTI'fLED IN PART "RESOLUTION. . ESTAB-
LISHING A BASIC COMPENSATION PLAN. "
AND PROVIDING A PAY INCREASE FOR THE
CLASSES OF FIRE FIGHTER TRAINEE AND LAW
ENFORCEMENT TRAINEE RETROACTIVE TO AUGUST
1, 1986 AND THE CLASS OF TYPIST CLERK,
PART-TIME (HEADSTART). (19 )
Council Member Frazier made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
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Resolution No. 86-389 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Quiel,
Frazier, Strickler. Noes: None. Absent: Council Mem-
bers Hernandez, Marks.
RES. 86-390 - RESOLU'rION OF 'rHE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 6413
ENTI'fLED IN PART "h RESOLUTION . . . ES'fAB-
LISHING A BASIC COMPENSATION PLAN. .,
AND ADDING THE POSITIONS OF REHABILITATION
SPECIALIST, Rll03 ($1950-2377 /MO); LOAN
OFFICER, Rllll ($2153-2624/MO); SENIOR
REHABILITATION SPECIALIST Rllll ($2153-
2b24 /MO); COMl1UNITY DEVELOPMENT SPECIALIST,
Rll14 ($2236-2723/MO); AND HOUSING DEVELOP-
MENT SPECIALIST, Rll19 ($2377-289S/MO). (20)
Council Member Frazier made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
Resolution No. 86-390 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Quiel,
Frazier, Strickler. Noes: None. Absent: Council Mem-
bers Hernandez, Marks.
RES. 86-39l - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 6413
EN'rITLED IN PART "A RESOLUTIUN . . . ES'fAB-
LISHING A BASIC COMPENSATION PLAN. "
AND ADDING THE POSITION OF REHABILITATION
COORDINATOR, R2l28 ($2346-2858/MO). (2l)
Council Member Frazier made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
Resolution No. 86-39l was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Quiel,
Frazier, Strickler. Noes: None. Absent: Council Mem-
bers Hernandez, Marks.
RES. 86-392 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 6413
ENTI'rLED IN PART "A RESOLUTION . . . ESTAB-
LISHING A BASIC COMPENSATION PLAN. "
AND ADDING THE PUSITION OF DIRECTOR OF
COMMUNITY DEVELOPMENT, R4l42 ($28l8-3435/-
MO). (22)
Council Member Frazier made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
Resolution No. 86-392 was adopted by the following
vote: Council Members Estrada, Reilly, Quiel, Frazier,
Strickler. Noes: None. Absent: Council Members
Hernandez, Marks.
COUNCIL MEMBER HERNANDEZ RETURNED
Council Member Hernandez returned to the Council
Meeting and took his place at the Council Table.
RES. 86-393 - RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING THE DESTRUCTION OF
CERTAIN RECORDS BY THE POLICE DEPARTMENT. (23)
City Administrator Schweitzer answered questions.
Council Member Frazier made a motion, seconded by
Council Member uuiel, that said resolution be adopted.
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10/6/86
Resolution No. 86-393 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Hernandez;
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Marks.
RES. 8,,-394 - RESOLU'l'ION OF THE CrfY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 3985
EN'I'ITLED IN PART "A RESOLUTION. . PRO-
HIBITING PARKING UPON CERTAIN DESIGNATED
STREETS OR PORTIONS 'fHEREOF ."; AND
AUTHORIZING A 150 FOOT "NO PARKING ANY
TIME" ZONE ON THE NORTH SIDE OF BLOODBANK
ROAD, EAST OF "E" STREET. (24)
Council Member Frazier made a motion, seconded by
Council Member Quiel, that said resolution be adopted.
Resolution No. 86-394 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Hernandez,
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Marks.
RES. Sb-395 - A RESOLUTION OF THE MAYOR fu~D
COMMON COUNCIL OF THE CITY OF SAN BERNAR-
DINO AUTHORIZING THE EXECUTION OF A FREEWAY
MAINTENANCE AGREEMENT, RELATING TO STATE
HIGHWAY ROUTE 1-10, BETWEEN SAID CITY MiD
THE STATE OF CALIFORNIA, ACTING BY AND
THROUGH ITS DEPARTMENT OF TRANSPORTATION. (25)
Council Member Frazier made a motion, seconded by
Council Member Quiel, that said resolution be adopted.
Resolution No. 86-395 was adopted
vote: Ayes: Council Members Estrada,
Quiel, Frazier, Strickler. Noes: None.
Member Marks.
by the following
Reilly Hernandez,
Absent: Council
RES. 86-396 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO GIBSON
BROTHERS JANITORLl\L SERVICE, INC., FOR
PROVIDING CUSTODIAL SERVICES FOR THE NORMAN
F. FELDHEYM CENTRAL LIBRARY. (26)
council Member Frazier made a motion, seconded by
Council Member Quiel, that said resolution be adopted.
vote:
Quiel,
Member
Resolution No. 86-396 was adopted by the following
Ayes: Council Members Estrada, Reilly, Hernandez,
Frazier, Strickler. Noes: None. Absent: Council
Marks.
RES. 86-397 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO AERIAL
SERVICE CORPORATION FOR PROVIDING CUSTODIAL
SERVICES FOR VARIOUS PUBLIC BUILDINGS. (27)
Council Member Frazier made a motion, seconded by
Council Member Quiel, that said resolution be adopted.
Resolution No. 86-397 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Hernandez,
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Marks.
RES. 86-398 - RESOLWrrON OF THE Crry OF SAN
BERNARDINO AWARDING A CONTRACT TO AMERICAN
BUILDING MAINTENANCE COMPANY FOR PROVIDING
CUSTODIAL SERVICES FOR THREE BRANCH LI-
BRARIES. (28 )
9 lO/6/86
council Member Frazier made a motion, seconded by
Council Member Quiel, that said resolution be adopted.
Resolution No. 86-398 was adopted by the following
vote: Ayes: Council Member Estrada, Reilly, Hernandez,
Quiel, Frazier, Strickler. Noes: None. Absent: Council
Member Marks.
RES. 86-399 - RESOLUTION OF 'rHE CI'rY OF SAN
BERNARDINO AWARDING A BID TO CONTRACTOR
WARREN DUNCAN FOR THE DEMOLITION OF THREE
LOCATIONS IN ACCORDANCE WITH BID SPECIFI-
CATION F-87-4. (29)
Council Member Hernandez made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
vote:
Quiel,
Member
Resolution No. 86-399 was adopted by the following
Ayes: Council Members Estrada, Reilly, Hernandez,
Frazier, Strickler. Noes: None. Absent: Council
Marks.
RES. 86-400 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AWARDING A BID TO PACIFIC EQUIP-
MENT AND IRRIGATION FOR THE FURNISHING AL'W
DELIVERY OF THREE PARKING CONTROL VEHICLES
TO BE UTILIZED BY THE PUBLIC BUILDING PARK-
ING CONTROL DEPARTMENT IN ACCORDANCE WITH
SID SPECIFICA'rION F-87 -6. (30)
Council Member Hernandez made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
Resolution No. 86-400 was adopted
vote: Ayes: Council MemDers Estrada,
Quiel, Frazier, Strickler. Noes: None.
Member t1arks.
by the following
Reilly Hernandez,
Absent: Council
COUNCIL t1EMBER MARKS RETURNED
Council Member Marks returned to the Council Meeting
and took his place at the Council Table.
SINGLE-FAMILY DWELLINGS WITHIN THE FOOTHILL AREA -
REVIEW OF PLANS
RESOLUTION OF THE CITY OF SAN BERNARDINO
RELATING TO REVIEW OF PLANS FOR SINGLE-
FAMILY DWELLINGS WITHIN THE FOO'rHILL AREA. (3l)
ORDINANCE OF THE CITY OF SAN BERNARDINO
REQUIRING A REVIEW OF PLANS FOR SINGLE-
FAMILY DWELLINGS WITHIN THE FOOTHILL AREA. (3l)
Mayor Wilcox stated that differences between two
neighbors, the Arrietas and the Sidaus, relating to pro-
tecting the view for single-family dwellings within the
foothill area, had been resolved.
Council Member Hernandez made a motion, seconded by
Council Member Quiel that said resolution and ordinance be
tabled.
Council Member Hernandez withdrew his motion and
Council Member Quiel withdrew his second.
Council Member Marks made a motion, seconded by
Council Member Estrada, that said resolution and ordinance
be continued to October 20, 1986, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, Cali-
fornia.
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The motion carried by the fol10wing vote: Ayes:
Council Members Estrada, Reilly, Marks, Quiel, Frazier,
Strickler. Noes: Council Member Hernandez. Absent:
None.
SR. ASSIS'l'At,l'r CITY" A'l''l'ORNEY SABOURIN ARRIVED
Sr. Assistant City Attorney Sabourin arrived at the
Council Meeting and replaced Deputy City Attorney Wilson.
ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SAN BERNARDINO MUNICIPAL CODE
SECTION 2.42.010 TO DELETE MEMBER AFFILI-
ATED WITH A CABLE TELEVISION OPERATOR FROM
THE MEMBERSHIP OF SAID COMMISSION. (First) (32)
City Clerk Clark read the title of the ordinance.
The Council and City Clerk discussed previous Council
action on said ordinance.
Council Member Marks made a motion, seconded by
Council Member Hernandez and unanimously carried, that
said ordinance be tabled.
COUNCIL MEMBERS HERNANDEZ AND
Council Members Hernandez
Council Meeting.
FRAZIER EXCUSED
and Frazier left
the
ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST
AMENDING SAN BERNARDINO MUNICIPAL CODE
SEC'rION 2.42. OllJ 'ro DELETE MEMBER AFFILI-
ATED WITH A CABLE TELEVISION OPERATOR FROM
THE ME!o1BERSHIP OF THE COM!1UNI'l'Y" TELEVISION
COMMISSION, AND ADDING SEC'rION 2.42.030 TO
PROVIDE FOR INDUSTRY" NONVOTING LIAISON
PERSONS. (33)
City Clerk Clark read the title of the resolution.
Assistant City Attorney Sabourin answered questions
regarding proper procedure regarding items 32 and 33, and
agreed that tabling item 32 and giving first reading to
item 33 was correct action.
Council Member Marks made a motion, seconded by
Council Member Reilly and unanimously carried, that Item
33 be continued to tne afternoon session. (See page 47)
COUNCIL MEMBER HERNANDEZ RETURNED
Council Member Hernandez returned to the Council
Meeting and took his place at the Council Table.
READING jillD WAIVING OF ORDINANCES
City Clerk Clark read the titles of all the ordi-
nances on the Council Agenda.
Council Member Marks made a motion, seconded by
Council Member Estrada and unanimously carried, that fur-
ther reading of all the ordinances on the Council Agenda
be waived.
COUNCIL ME!o1BER FRAZIER RETUID~ED
Council Member Fraz ier returned
Meeting and took his place at the Council
to the
Table.
Council
11
lO/6/86
ORDINANCE Or' THE CrfY OF SAN BERNARDINO FIRST
AMENDING SECTION lO.l6.150 OF THE SAN BER-
NARDINO MUNICIPAL CODE TO AUTHORIZE AP-
PROVED VOLUNTEERS TO ISSUE NOTICES OF PARK-
ING VIOLATIONS TO VEHICLES ILLEGALLY PARKED
IN DISABLED OR PHYSICALLY HANDICAPPED PARK-
ING SPACES. (34)
Assistant City Attorney Sabourin answered questions
regarding possible liability to the City in case of injury
to the volunteers, stating they would be subject to the
provisions of Workers' Compensation, as the City has al-
most the same liability with the volunteers as with City
employees.
Council Member Frazier 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, Frazier,
StricKler. Noes: Council Members Hernandez, Quiel.
Absent: None.
ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST
AMENDING CHAPTER 19.12 OF THE SAN BERNAR-
DINO MUNICIPAL CODE AND PROVIDING FOR THE
MAINTENANCE AND ENFORCEMENT OF ON-SITE
LANDSCAPING IN THE R-3 RESIDENTIAL DIS-
TRICT. (35)
ORDINANCE OF THE CI'fY OF SAN BERNARDINO FIRST
ADDING CHAPTER 19.49 TO THE SAN BERNARDINO
MUNICIPAL CODE PROVIDING FOR THE MAINTE-
NANCE AND ENFORCEMEN'f OF ON-SITE LAND-
SCAPING. (Substitute 3~)
City Clerk Clark read the title of the substitute
ordinance.
Assistant City Attorney Sabourin answered questions,
stating that the original ordinance to R-3 was in error,
and that the ordinance should apply City-wide with regard
to the on-site landscaping.
City Administrator Schweitzer answered questions
regarding the submittal of the substitute ordinance, stat-
ing that Planning matters go directly to the City Clerk's
Office for Agenda preparation, and he was not aware of it.
Planning Director Schuma answered questions regarding
landscape standards on file, stating that copies of land-
scaping plans from all developments in the City are kept
on file, which have been reviewed and approved by the
ParKs and Recreation Department.
A discussion ensued regarding what was included in
the ordinance and what was hoped to be achieved.
Council Member Marks made a motion, seconded by
Council Member Estrada and unanimously carried, to con-
tinue the item to October 20, 1986, in the Council Cham-
bers of City Hall, 300 North "D" Street, San Bernardino,
California, direct the City Attorney and Planning to pre-
pare an ordinance for Council consideration which would
establish minimum standards and enforcement of the same on
landscape maintenance standards for parcels throughout the
City regardless of the zone district, and to present those
standards for review, as well as the ordinance.
l2
10/6/86
ORDINANCE OF 'rHE CI'rY OJ,' SAN BERNARDIL~O FIRST
AMENDING SECTION l8.40.160, SUBSECTION C OF
THE SAN BERNARDINO MUNICIPAL CODE TO PRO-
VIDE FOR EXEMPTIONS FROM THE TWO STANDARD
ACCESS ROUTE REQUIREMENT FOR SUBDIVISION
OUTSIDE THE HIGH FIRE HAZARD AREA. (Con-
tinued from September 23, 1986) (36)
This is the time and place continued to for consider-
ation of said ordinance regarding the two access route
requirement for subdivisions outside the high fire hazard
area.
Council Member Marks made a motion, seconded by
Council Member Quiel and unanimously carried, to continue
sdid ordinance to the afternoon session. (See page 35)
INDIAN BINGO LAWSUIT - CITY OF SAN BERNARDINO,
ET AL VS. SAN MANUEL BAND OF MISSION INDIANS,
ET AL CASE NO. U. S. DISTRICT COURT NO. 8S 6899
WJR (BX) - REPORT FROM CITY COUNCIL NEGOTIATING
COMMITTEE - PROPOSED SETTLEMENT
It was suggested that this matter be heard later in
the meeting so that Attorney Terzian, Special Counsel for
this case, could be present. (S-l)
Council Member Harks made a motion, seconded by
Council Member Estrada and unanimously carried, that the
matter of the proposed settlement of the Indian Bingo
Lawsuit be heard at 7:30 p.m., today, in the Council Cham-
bers of City Hall, 300 North "D" Street, San Bernardino,
California. (See page 3 6)
ORDINANCE OF 'rHE CI'rY OF SAN BERNARDINO FIRST
AMENDING CHAPTER 19.12 OF THE SAN BERNAR-
DINO MUNICIPAL CODE PERTAINING TO MULTIPLE
FAMILY RESIDENTIAL DISTRICT. (37)
Planning Director Schuma explained provisions in the
proposed ordinance and referred particularly to the
"l9.04.495 - Story", section which is directly extracted
from the Uniform Building Code.
Mr. Schumd also referred to his memorandum dated
October l, 1986, addressed to the Mayor and Common Council
in which he clarified the proposed t-lultiple Family Resi-
dential Ordinance. He stated that all new development
standards included in this ordinance would be applicable
to the existing R-3-1200 Zone. He suggested amendments to
the following sections and gave the particulars:
19.12.030 Conditional Use Permit Required
19.18.150 Vehicle Access Requirements
19.04.495 Story.
Mr. Schuma also suggested an amendment to Resolution
No. 83-48, establishing a Review of Plans procedure, by
adding Section 8 Approval - Findings.
Planning Director Schuma answered questions regarding
density, stating that 24 units per acre is the typical
density in the R-3-1800 District. He also explained con-
di tions for a Conditional Use Permit under the R-3-1200
District.
Planning Director Schuma explained what was proposed
to ensure compatibility and harmony with surrounding areas
in the neighborhoods of 700 or 800 square foot homes, by
13
10/6/86
trying to encourage the location of garages to the
to the side, and landscaping that would provide
separation.
rear or
spacial
Planning Director Schuma answered questions,
that the Planning Department does not review plans
development with less than three units. Those are
strictly through the building permit process.
stating
for any
handled
It was suggested that
amended by interdelineation
inserting "underdeveloped
"undevelopedl'; also on line
ingll to II existingll.
the proposed ordinance be
on page 4, lines 5 and 7 by
or" before the word
15 to change the word "exit-
Assistant City Attorney explained that an amendment
to Resolution No. 83-48 must be done by resolution and
cannot be included in the ordinance amendment.
A discussion was held concerning the definition of
.. Story" and whether or not it had been reviewed by the
Planning Commission.
Planning Director Schuma answered questions regarding
the definition of "Story", stating that the definition had
not been reviewed by the Planning COllUuission, and that he
would recommend that it be reviewed by the Commission
prior to approval. He explained that the old definition
would be used until a new one had been approved. He
stated that a report from the Planning Commission could be
brought back to the Council by November 3, 1986.
Council Member Marks made a motion, seconded by
Council Member Estrada and unanimously carried, that said
ordinance, as amended, be laid over for final passage.
Council Member Marks made a motion, seconded by
Council Member Estrada and unanimously carried, that the
City Attorney be instructed to prepare a resolution and
bring it back this afternoon which would amend Resolution
No. 83-48 regarding the establishment of review of plans
procedures according to the recommendations of Planning
Director Schuma in his memorandum dated October l, 1986,
as follows:
Section 8 Approval - Findings
B. That the building structures and devel-
opment, and use thereof shall be compatible
with and not detrimental to each other as
well as the surrounding neighborhood, and
shall likewise be compatible with and not
detrimental to the zone within which such
project shall be established, so property
values are preserved and orderly develop-
ment of the land in the surrounding area
shall be assured.
G. In the event the Development Review
Committee can not make all required find-
ings of fact in the affirmative, the Devel-
opment Review Committee may deny said ap-
plication for development.
COUNCIL MEMBERS REILLY AND MARKS EXCUSED
Council Members Reilly and Marks left the Council
Meeting.
l4
lO/6/86
CITY'S i.PPROPRINrED RESERVE AHOUll'rS - POTENTIAL
INCOME - POTENTIAL LIABILITY NOT BUDGETED FOR -
ALL UNUSED CONTINGENCf FUNDS - REPORT
In a memorandum dated October 3,
Director Knudson presented a report on
Reserve Amounts and Unused Contingency
conclusion of the report was as follows:
1986, Finance
Appropriated
Funds. The
(39 )
"Since the possibility of continued Revenue
Shar ing funds no longer exists, the city' s
reserve position is critically low. This
situation is the combined result of in-
creased costs in the areas of insurance,
Workers Compensation, and wage and benefit
settlements. Less than $300,000 outside of
normal budgeted costs is available.
Ideally, a reserve amount of five percent
or approximately $2.3 million should be
available as a safeguard against revenue
shortfalls or natural disasters. "
Finance Director Knudson then listed a summary of the
potential activity of the Liability, Workers Compensation,
Special Construction, and Unemployment Funds.
Council Member Strickler made a motion, seconded by
Council Member Frazier and unanimously carried, that said
report be received and filed.
ENTERPRISE ZONE - ZONING WITHIN THE NORTHWEST
REDEVELOPMENT PROJECT AREA GENERAL PLM, -
CONTINUED FROM SEPTEMBER 23, 1986
This is the time and place continued to for discus-
sion regarding the General Plan zoning within the North-
west Redevelopment Project Area and how it relates to the
Enterprise Zone. (4l)
Council Member Frazier made a motion, seconded by
Council Member Hernandez and unanimously carried, that the
discussion regarding the General Plan zoning within the
Northwest Redevelopment project Area be continued to 4:00
p.m., today. (See page 34)
COUNCIL MEMBER REILLY RETURNED
Council Member Reilly returned to the Council Meeting
and took his place at the Council Table.
COUNCIL MEMBER FRAZIER EXCUSED
Council Member Frazier left the Council Meeting.
APPEAL - BOARD OF BUILDING CO~WISSIONERS'
DECISION TO ABATE PUBLIC NUISANCE - 5718
NORTH "u" STREET - TED E. BAIR - CONTINUED
FROM SEPTEMBER 22, 1986
This is the time and place continued to for consider-
ation of an appeal filed by Ted E. Bair on the Board of
Building Commissioners' decision to abate public nuisance
at 5718 North "D" Street. (42)
Council Member Quiel made a motion, seconded by
Council Member Strickler and unanimously carried, that
approval be given to grant the appeal of the Board of
Building Commissioners' decision to abate public nuisance
at 5718 North "D" Street by Ted E. Bair, subject to the
following conditions: (1) all up to date and current
plans be submitted to the Building and Safety Department
within ten calendar days of this date; (2) a specific
time frame, as submitted, or as modified by the Common
l5
10/6/86
Council, be imposed; (3) applicant agrees to not contest
in any way an immediate order of demolition if work is not
substantially completed by end of agreed upon time frame.
Mr. Ted E. Bair agreed to these conditions.
COUNCIL MEMBER FRAZIER RETUm{ED
Council Member Frazier returned to the Council Meet-
ing and took his place at the Council Table.
APPEAL - BOARD OF BUILDING COMMISSIONERS' ORDER
OF ABATEMENT - 1139 W. 19TH STREET - JOHN R.
TINDALL ON BEHALF OF MANUEL B. ENRIQUEZ -
CONTINUED FROM SEPTEMBER 8, 19d6
This is the time and place continued to for consid-
eration of the appeal on the Board of Building Commis-
sioners' order of Abatement filed by John R. Tindall on
behalf of Manuel B. Enriquez regarding property located at
1139 W. 19th Street. (38)
Attorney John R. Tindall, representing Manuel B.
Enriquez, was present and explained that the biggest prob-
lem concerning this property was that the lot was over-
built and additional space was needed. He explained that
property is available to the rear of Mr. Enriquez prop-
erty, and he is in the process of trying to purchase a
portion of that lot. With the addition of that property,
it would bring the over-built portion of the lot into
conformity with the Code.
Attorney Tindall, representing Mr. Enriquez, ex-
plained that over the past year repairs have been made to
the structure. He stated that they had just been notified
of accumulated grease and oil in the attic due to improper
venting of the kitchen stove. They had not been previous-
ly notified of this problem. He requested an additional
90 days to make all necessary repairs.
Jim Robbins, Acting Superintendent of Building and
Safety, reported that they had done an inspection on Octo-
ber 3, 1986, and found several violations of the Code,
such as materials stored in the carport, although one
bathroom had been repaired, another one was not, exterior
walls and attic have not been insulated, the attic was
covered with grease and oil, and the water heater was not
properly vented. He stated that these two latter viola-
tions presented a safety hazard. He requested that the
order be to vacate the property within three days and that
it be boarded up until such time as a decision is made on
the rest of the activities, such as allowing the owner to
apply for a demolition permit within ten days or for the
City to proceed with the demolition.
DEPUTY CITY ATTORNEY MC QUEEN ARRIVED
At 11:05 a.m., Deputy City Attorney McQueen arrived
at the Council Meeting and replaced Assistant City Attor-
ney Sabourin.
Attorney Tindall answered
original list of violations
There are now only about five
questions, stating that the
incl uded about 50 items.
or ten items not completed.
Deputy City Attorney McQueen answered questions,
stating that it seemed unreasonable that the applicant had
been led to believe for a year that he could repair the
property and bring it up to code, then since Friday's
inspection he was told it presented a danger to life and
property and must be demolished. The major problem is
that it is over built for the lot, and the applicant has
l6
lO/6/86
found a way to rectify that problem. Ms. McQueen also
suggested that the applicant be given three days to fix
those items which i'resent a danger to health and safety.
Council Member Frazier made a motion, seconded by
Council Member Hernandez and unanimously carried, that
Attorney Tindall and Acting Superintendent Robbins, Build-
ing & Safety, meet and come back at 3:00 p.m., with a
specific time frame that addresses the health and safety
factors. (See page 30)
DEPUTY CITY ATTORNEY MC QUEEN EXCUSED
Deputy City Attorney McQueen left the Council Meeting
and was replaced by Sr. Assistant City Attorney Briggs.
COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT
AGENCY - REGULAR MEETING
The Regular Meeting of the Community Development
commission/Redevelopment Agency was called to order by
Chairman Wilcox in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
PUBLIC HEARING - CENTRAL CITY SOUTH OVERLAY
DISTRICT - CHANGE OF ZONE NO. 86-22 - RIALTO
AVE, ON THE NORTH, "E" STREE'r ON THE EAST,
INLAND CENTER DR. ON THE SOUTH AND 1-215 FREEWAY
ON THE WEST
This is the time and place set for a public hearing
concerning the Central City South Overlay District and
Change of Zone No. 86-22, to change the land use zoning
designation in the 195 acre area to C-M, Commercial Manu-
facturing for property boarded by Rialto Avenue on tile
north, "E" Street on the east, Inland Center Dr. on the
South and the 1-215 Freeway on the west. (R-l & RS-5)
In a memorandum dated September 30, 1986, Glenda
Saul, Executive Director, Redevelopment Agency, gave a
synopsis of previous action taken regarding the proposed
Overlay Zone.
Mayor Wilcox opened the hearing.
Council Member Strickler stated that the question had
been raised that he may have a conflict of interest if he
participated in or voted in this matter. Mr. Strickler
further stated that he had reviewed all the facts with his
attorney, and after reviewing said facts, it was the opin-
ion of his attorney that he did not have a conflict of
interest. Mr. Strickler stated, however, that because the
subject had been raised, and in order to eliminate any
doubt, he would not participate in the discussion or vote.
COUNCIL MEMBER STRICKLER EXCUSED
Council Member Strickler left the Council Meeting.
Glenda Saul, Executive Director of the Redevelopment
Agency, suggested that Item RS-5 also be discussed at this
time, as it relates to the subject of the Overlay Zone.
COUNCIL MEMBER FRAZIER EXCUSED
Council Member Frazier left the Council Meeting.
RES. 86-401 - RESOLUTION OF THE CITY OF SAN
BERNARDINO DIRECTING NEGOTIATION OF DEVEL-
OPMENT AGREEMENT WITH SOUTHERN CALIFORNIA
GAS COMPANY, (RS-5)
City Clerk Clark read the title of the resolution.
17
10/6/86
Glenda Saul; Executive Director of the Redevelopment
Agency, stated that the Southern California Gas Company
had wished to gain an exemption, which request was not
agreeable to the Agency. Instead, it was suggested that
the Agency and Southern California Gas Company enter into
an owner participation agreement with some guidelines
which would solve the problem of the outdoor storage.
Jim King, District Manager, Southern California Gas
Company, stated they had originally wanted an exemption
because the facility at 2nd and "G" Street is used for
emergency services and for customer services. The Public
Utilities Commission, as well as the Gas Company require
certain safety standards. These materials are stored
outside so that trucks can get to them right away in case
of an emergency. Mr. King further stated screening the
area would be a possibility of solving the problem.
Glenda Saul, Executive Director, Redevelopment Agen-
cy, answered questions regarding other users in the area.
Sr. Assistant
questions.
City
Attorney
Briggs
answered
Council Member Quiel made a motion, seconded by
Council Member Estrada and unanimously carried, that fur-
ther reading of the resolution be waived and said resolu-
tion be adopted.
Resolution No. 8b-401 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Hernandez,
Quiel. Noes: None. Absent: Council Members Marks,
Frazier, Strickler.
Rick Marks, Manager of Hajoca Corporation, corner of
Mill and "G" Street, asked questions regarding the time
frame.
Glenda Saul, Executive Director of the Redevelopment
Agency, answered questions, stating that the Hajoca Corp-
oration situation is unique, as it is in the right-of-way
of street improvements, and they are in the process of
negotiations with them now for property acquisition.
The Mayor and Council discussed the possibility of
changing the western boundary of the proposed Overlay Zone
to the western side of the property on the west side of
"Ell Street.
COUNCIL MEMBER FRAZIER RETURNED
Council Member Frazier returned to the Council Meet-
ing and took his place at the Council Table.
Sr. Assistant City Attorney Briggs answered questions
regarding the change of boundaries, stating that the boun-
daries could be changed, but it would require a delay by
changing the ordinance and requiring a new Environmental
Impact Report.
COUNCIL MEMBER MARKS RE'rURNED
Council Member Marks returned to the Council Meeting
and took his place at the Council Table.
Glenda Saul, Executive Director of the Redevelopment
Agency, was not in agreement with any change in the boun-
daries, and recommended that the project go forward with
the boundaries as previously designated.
l8
lO/6/86
ORD. Mc-544 - ORDINANCE OF 'rIlE MAYOR AND FINAL
COMMON COUNCIL OF THE CITY OF SAN BERNAR-
DINO ADOP'rING AN OVERLAY ZONE IMPOSING
DESIGN GUIDELINES AND DEVELOPMENT FRAMEWORK
UPON AN AREA. (R-l)
City Clerk Clark read the title of the ordinance.
Council Member Hernandez made a motion, seconded by
Council Member Estrada, that the hearing be closed.
The motion carried by the following vote:
Council Members Estrada, Reilly, Hernandez,
Frazier. Noes: Council Member Quiel. Absent:
Member Strickler.
Ayes:
Marks,
Council
Council Member Hernandez made a motion, seconded by
Council Member Estrada and unanimously carried, that fur-
ther reading of the ordinance be waived.
Council Member Hernandez made a motion, seconded by
Council Member Estrada, that said ordinance be adopted.
Ordinance MC-544 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Marks,
Frazier. Noes: Council Member Quiel. Absent: Council
Member Strickler.
COUNCIL MEMBER STRICKLER RETUm{ED
Council Member Strickler returned to the Council
Meeting and took his place at the Council Table.
PREVAILING WAGE RATE STUDY
In a memorandum dated October 1, 1986, Glenda Saul,
Executive Director of the Redevelopment Agency, gave a
synopsis of previous action taKen regarding the prevailing
Wage Study. On May 5, 1986, the Community Development
Commission authorized an agreement with Data Gathering
Center, California State University, for consultant ser-
vices to present a report within 90 days. On July l8,
1986, the Data Gathering Services requested a 30 day ex-
tension which was denied. On August 4, 19U6, the Commis-
sion agreed to extend submittal time for 45 days to Sep-
tember 23, 1986, and on September l8, 1986, Community
Development Commission Resolution No. 4916 amended the
agreement to officially extend the submittal date to Sep-
tember 23, 1986. (R-2)
The report entitled "prevailing Wage: Final Report",
dated September 1986, was presented. The principal Inves-
tigator: Thomas pierce, Ph. D.; Co-Investigators: Sheldon
Bockman, Ph. D.; Donald Lindsey, Ph.D.; Barbara Sirotnik,
Ph. D.
Thomas Pierce, Ph. D. presented an oral summary of
the prevailing Wage Final Report. He referred to four
options for resolving the City's prevailing wage contro-
versy as follows:
Option A: Maintain current policy - prevailing wage
and reactive enforcement.
One probable consequence of this option
would be that strife, confusion and dissat-
isfaction associated with the present pol-
icy would continue unabated. Other conse-
quences include:
o
A relatively low rate of compliance;
19
lO/G/86
o
A lower rate of open shop participation
RDA and City contracts than would occur
the policy were repealed;
in
if
o A somewhat higher rate of union
participation in RDA and Agency contracts
than--would--occur if the policy were
repealed;
o The City anu RDA projects would continue
to cost more under present policy that
would be --t11e case if the policy were
repealed;
o Minorities, women, and small businesses
would have fewer opportunities than would
be the case if the policy were repealed;
and
o The relative attractiveness of San Ber-
nardino to developers would be less than if
the policy were repealed.
option B:
requirements;
Active enforcement of prevailing wage
The probable consequences of this Option
are:
o A somewhat higher rate of compliance to
City and Agency policy than is presently
the case;
o An increase in RDA personnel devoted
specifically to enforcing and monitoring
prevailing wage compliance;
o An elaboration of administrative and
bureaucratic procedures designed to enforce
compliance;
o An increase in union involvement in City
and RDA project - thus greater employment
for union members and greater construction
activity for union contractors than is the
case under the current policy;
o A decrease in open shop activity in RDA
and City projects as compared with present
policy and enforcement practice;
o A slight increase in the cash economy in
the local construction industry as compared
with the present policy;
o A decrease in minority/women and small
contractor's involvement in RDA and City
projects from what is presently occuring;
o An effective increase in RDA-mandated
prevailing wage project costs;
o A slight decrease
peti ti veness of the
development.
in the relative com-
City in attracting
Option C: Raise minimum threshold below which the
prevailing wage policy does not apply and above which
there would be strict enforcement;
20
10/6/86
This approach has been taken by a number of
cities, including Santa Ana and Los Angeles
(See Appendices 1 and 2 in the report for
the policy statements developed by those
cities). 'i'he major advantage of this op-
tion is that it provides the best middle
.9.!~.':!~~ solution to the prevailing wage
controversy. Increasing the project cost
(construction cost) threshold for activat-
ing prevailing wage requirements to some
substantial amount would reduce the number
of prevailing wage projects to administer
but would nevertheless preserve the appli-
cability of the prevailing wage requirement
for many RDA projects. Examination of
projects subject to the RDA's unwritten
prevailing wage policy from 1976-84 re-
vealed an average (mean) inflation-adjust-
ed project size (in terms of construction
cost) of $l.25 million, with median project
size of about $825,000. For an increase in
the threshold to have more than a token
effect on open shop accessibility to RDA
and City projects, the threshold would have
to be raised to at least the neighborhood
of median project size. The degree to
which income would be redistributed in the
short run from the unionized to the open
shop sector would vary directly with the
increase in the threshold. Regardless,
however, there would be less redistribution
than if the prevailing wage requirement
were repealed altogether. By increasing
open shop accessibility, this option also
would provide for greater minority/small
business participation in RDA and City
projects than would be the case if current
policy were continued or strictly enforced.
Under this option, larger projects would
continue to be subject to prevailing wage
requirements. Thus, other things constant,
the City could be at somewhat of a disad-
vantage vis-a-vis other cities in the In-
land Empire in its efforts to attract de-
velopment projects valued in excess of the
threshold figure.
As with Option B, both City and RDA staff
would have to lend increased attention to
enforcement matters (in this case, on proj-
ects above the threshold level).
It was pointed out by the consultant that there might
be a possibility of lower construction quality in an open
shop situation and the loss of benefits to workers and tax
increments to governmental agencies in this option.
Option D:
Repeal existing policy.
Under this Option, the City and RDA would
no longer be required to adhere to a pre-
vailing wage requirement which is inherent-
ly difficult to enforce. The City would
realize slight budgetary savings on public
works projects. The RDA would be in the
best position (among the options discussed)
to attract developers to the area. As a
result, overall local economic growth would
tend to increase slightly over what it
21
lO/6/86
would otherwise have been. Minority /
women and open shop firms and workers would
benefit from such a change
This Option would, however, have an adverse
effect on unions and union contractors.
Among the options discussed, this option
would result in the greatest amount of
income redistribution from unions to open
shops, but would not be expected to cause a
collapse of the local construction industry
wage structure.
CONTINUE PREVAILING WAGE REPORT - RECESS MEETING
At l2:00 noon, Council Member Marks made a motion,
seconded by Council Member Frazier and unanimously car-
ried, that the Report on the Prevailing Wage Issue be
continued to 2:30 p.m., this afternoon in the Council
Chambers of City Hall, 300 North "D" Street, San Bernar-
dino, California, and that the meeting be recessed to a
"Waste to Energy" Workshop, at the County Building, 385 N.
Arrowhead Avenue, San Bernardino, California. (See page
26)
RECONVENE MEETING
At 2:00 p.m., the Regular Meeting of the Mayor and
Common Council reconvened in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll Call was taken by the City Clerk with the fol-
lowing being present: Mayor Wilcox; Council Members
Estrada, Reilly, Hernandez, Marks, Quiel, Strickler;
Assistant City Attorney Sabourin, City Clerk Clark, City
Administrator Schweitzer. Absent: Council Member
Frazier.
VERDE MONT AREA PLAN - CHANGE OF ZONE NO. 86-l5 -
CERTIFICATION - FINAL ENVIRONMENTAl IMPACT REPORT
In a memorandum dated September l8, 1986, Frank A.
Schuma, Planning Director, stated that the Planning Com-
mission had adopted Resolution Nos. 86-4 and 86-5 which
recommend certification of the Final EIR and Addendum
prepared for the Verdemont Area Plan, adoption of the Ver-
demont Area Plan, approval of Change of Zone No. 86-l5,
approval of the Negative Declaration for the proposed
ordinance amendment and adoption of the proposed ordinance
amendment. (52)
COUNCIL MEMBER FRAZIER RETURNED
At 2:08 p.m., Council Member Frazier returned to the
Council Meeting and took his place at the Council Table.
Planning Director Schuma answered questions regarding
the controversial nature of this project, stating that the
primary issue revolves around the standards that were
incorporated within the Area Plan and the method with
which they were original1y incorporated.
Council Member Quiel made a motion, seconded by
Council Member Strickler, that this item be referred to
the Legislative Review Committee for their l:OO p.m.,
Thursday, October 9, 1986 meeting, and brought back to the
Council on October 20, 1986, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, Cali-
fornia.
The motion failed by the following vote: Ayes:
Council Members Reilly, Quiel, Strickler. Noes: Council
Members Estrada, Hernandez, Marks, Frazier. Absent: None.
22
lO/6/86
Mayor wilcox opened the hearing.
Helen Kopczynski, 8150 N. Cable Canyon Rd., ques-
tioned why this matter should go back to the Legislative
Review Committee, and stated her opposition to the project
because of the density, density bonuses, land use changes,
zoning changes, and standards.
Planning Director Schuma answered questions, stating
that there had been many comments received from people
living in the area by the Planning Corrunission which were
incorporated within the Plan itself. All the meetings
were open and notices were sent to interested parties.
Jeff Gates, a real estate agent from the Mission
Viejo-Irvine Area, stated he was in favor of the Plan and
thought it was excellent.
Johnny Johnson, representing Pauline Faulk stated
that Ms. Faulk owns l48 acres that are involved in this
Plan. Mr. Johnson stated he had attended all the meet-
ings, and that the Planning Commission members who made a
visual inspection of the property realized the necessity
of the zoning. He further stated that most of the ob-
jections came from County residents. He stated his sup-
port for the proposed Plan.
Albert Lanseneze stated he and his wife own 15 1/2
acres in Devil's Canyon and that part of this area had
been declared an open area. His property has been down
zoned from R-l-l4000 to RCN-140 and he objected to this
change.
Planning Director Schuma answered questions, stating
that most of the objectors live in single family homes or
are from the University. The two main complaints are
that the standards are not strict enough, and that the
density proposed for the project was too lenient.
Council Member Quiel made a motion, seconded by
Council Member Strickler and unanimously carried, to refer
this matter to the Legislative Review Committee for a l:OO
p.m., hearing on Thursday, October 9, 1986, in the Council
Chambers of City Hall, 300 North "D" Street, with a report
back to the Council on October 20, 1986. Staff was di-
rected to contact all those who have had an interest in
this matter of the October 9, 1986, meeting date in order
to provide an opportunity for additional input.
APPEAL HEARING - VARIANCE NO. 85-24 - ELDORADO
BANK - l72l N. CONEJO DRIVE - CONTINUED FROM
SEP'I'EMBER 8, 1986 - PROTEST HEARING - VACATION
OF 17TH STREET, EAST OF CONEJO DRIVE - ELDORADO
BANK, APPLICANT - CONTINUED FROl1 SEP'I'EIVlBER 8, 1981i
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-3-1200 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 l7th Street, east of
Conejo Drive. (50 and 5l)
Planning Director Schuma stated that a resolution to
this matter had not been reached and recommended that it
be continued for two weeks for a final solution at that
time.
23
10/6/86
It was suggested that when the final solution is
reached, that it be reviewed by the City Attorney, Plan-
ning Director, Building & Safety Department, with specific
recommendations given to the Council in time for consider-
ation before the next meeting.
Council Member Hernandez made a motion, seconded by
Council Member Reilly and unanimously carried, that con-
sideration of Variance No. 85-24 and the Vacation of 17th
Street, east of Conejo Drive be continued to October 20,
1986, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California. (Reconsidered. See
next item)
RECONSIDERATION - VARIANCE NO. 85-24 - VACA'rION
OF l7TH STREET, EAST OF CONEJO DRIVE
Council Member Reilly made a motion, seconded by
Council Member Hernandez that the matter of Variance No.
85-24 and the Vacation of 17th Street, east of Conejo
Drive be reconsidered. (50 & 51)
The motion carried by the following vote: Ayes:
Council Members Reilly, Hernandez, Marks, Quiel, Frazier,
Strickler. Noes: Council Member Estrada. Absent: None.
Charles Schultz of Reid and Hellyer Law Firm, repre-
senting Eldorado Bank, stated they were very close to a
settlement of this issue and asked staff and Council for
an indication if they would be predisposed to go along
with it if Eldorado Bank agrees to do the street repair,
put in street lights and guard rail.
Council discussion indicated that such a decision
could create liability for the City.
Council Member Strickler made a motion, seconded by
Council Member Hernandez, that Variance No. 85-24 and the
Vacation of l7th Street, east of Conejo Drive be continued
to October 20, 1986, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino.
The motion carried by the following vote: Ayes:
Council Members Reilly, Hernandez, Marks, Quiel, Frazier,
Strickler. Noes: Council Member Estrada. Absent: None.
APPROVAL OF GENERAL PLAN AMENDMENT NO. 86-4
In a memorandum dated September 26, 1986, Planning
Director Schuma stated that at its meeting of September
l6, 1986, the Planning Commission recorrunended approval of
General Plan Amendment No. 86-4, for property located in
the Lytle Creek Wash area, north and south of Baseline
Street, east of the City of Rialto. The applicant in this
matter is Neil Fisher, representing owner Willard C.
Schade. (53)
RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE NEGATIVE DECLARA'rION AS TO
ENVIRONMENTAL IMPACT AND ADOPTING AMENDMENT
NO. 86-4 TO THE GENERAL PLAN OF THE CITY OF
SAN BERNARDINO (GENERAL PLAN LAND USE ELE-
MENT). (Lytle Creek Wash area, north and
south of Baseline, east of City of Rialto)
Council Member Frazier made a motion, seconded by
Council Member Quiel and unanimously carried, that the
General Plan Amendment No. 86-4 be continued to October
20, 1986, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
24
lO/6/86
PUBLIC HEARING - S & S MEAT PRODUCTS - CONTINUED
FROM SEPTEMBER 8, 1986
This is the time and place continued to for a public
hearing concerning the operating procedure of S & S Meat
Products, l389 W. Mill Street, San Bernardino, California.
(54)
Council Member Hernandez made a motion, seconded by
Council ~lember Estrada and unanimously carried, that the
public hearing regarding S & S Products be continued to
October 20, 1986, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
CERTIFICATION OF PARTICIPA'rION FOR FIRE STATION
AND EQUIPMENT - ADOPT RESOLUTION - SET PUBLIC
HEARING
In a memorandum dated September 26, 1986, Craig
Graves, City Treasurer, gave a synopsis of previous action
regarding the Certification of Participation for the pro-
posed fire station and equipment and presented two resolu-
tions for adoption. (RS-2 and RS-3)
Craig Graves, City Treasurer and Glenda Saul, Execu-
tive Director of the Redevelopment Agency, answered ques-
tions regarding the resolutions.
RES. 86-402 - RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNAR-
DINO PROVIDING FOR THE SALE OF NOT TO EX-
CEED $2,875,000 PRINCIPAL AMOUNT OF CERTI-
FICATES OF PARTICIPATION (CITY OF SAN BER-
NARDINO 1986 PROJECTS).
City Clerk Clark read the title of the resolution.
Council Member Marks made a motion, seconded by
Council Member Hernandez and unanimously carried, that
further reading of the resolution be waived and said reso-
lution be adopted.
vote:
Marks,
None.
Resolution No. 86-402 was adopted by the following
Ayes: Council Members Estrada, Reilly, Hernandez,
Quiel, Frazier, Strickler. Noes: None. Absent:
RES. 86-403 - RESOLUTION OF 'rHE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNAR-
DINO AUTHORIZING EXECUTION AND DELIVERY BY
THE CITY OF LEASE AGREEMENT, TRUST AGREE-
MENT AND AGENCY AGREEMENT WITH RESPECT TO
THE ISSUANCE AND SALE OF CERTIFICATES OF
PARTICIPATION (CITY OF SAN BERNARDINO 198b
PROJECTS), APPOINTING TRUSTEE AND AUTHORIZ-
ING ISSUANCE OF SUCH CERTIFICATES IN AN
AMOUNT NOT TO EXCEED $2,875,000.
City Clerk Clark read the title of the resolution.
Council Member Marks made a motion, seconded by
Council Member Hernandez and unanimously carried, that
further reading of the resolution be waived and that said
resolution be adopted.
vote:
Marks,
None.
Resolution No. 86-403 was adopted by the following
Ayes: Council Members Estrada, Reilly, Hernandez,
Quiel, Frazier, Strickler. Noes: None. Absent:
2S
10/6/86
Council Member MarKs made a motion, seconded by
Council Member Hernandez and unanimously carried, to set a
joint public hearing for November 3, 1986, at 11:00 a.m.,
on proposed lease to the City by Agency of fire station
site and improvements, computer aided dispatch system, and
such other improvements as the Council and Agency may
approve.
PREVAILING WAGE STUDY REPORT - CON'rINUED FROl'l
EARLIER IN THE MEETING
This is the time and place continued to for discus-
sion on the Prevailing Wage: Final Report prepared by
California State -unTversity~san -BernardGlO'- prepared by
Research and Data Gathering Center, dated September, 1986.
(See page 19) (R-2)
Thomas Pierce, Ph D., principal Investigator, Cali-
fornia State University, San Bernardino, answered ques-
tions concerning the Prevailing Wage Study.
Joe Perez, Secretary of the San Bernardino-Riverside
Counties Building Trades Council, spoke in favor of re-
taining the prevailing wage provisions. He also spoke
about their efforts to bring more minorities and women
into the trades.
Joe Bonadiman, 606 Mill Street, stated that his firm
has in excess of $10,000,000 worth of construction manage-
ment projects, and stated that they hire both union and
non-union subcontractors, considering both quality and
price, and felt that non-union workers do quality work, as
well as union workers.
Jim Henehan, President of Paige Electric Co., repre-
senting the National Electrical Association, which is made
up of both union and non-union members, emphasized the
need for adequate inspection for all projects by both the
City and the Redevelopment Agency to insure quality work
and a means of measurement. He also stated they were
trying to get more women in the trade, but they don't
apply for the programs.
Tony Groat, an electrician representing Lon's
Electric Services, stated that 70% of construction is done
by non-union workers, and disagreed that lesser quality in
buildings is the result of non-union workers. He also
questioned how the prevailing wage rate is calculated.
Joe Doyle, resident of the Fourth Ward and IBEW mem-
ber, stated that all General Law Cities, which are the
majority in the State of California, pay Davis Bacon
rates. He thanked the Council and especially California
State University for their work on the Prevailing Wage
Study. He further described the training programs and
other benefits provided to union members which were gained
through collective bargaining, and that non-union members
had also benefitted from these provisions. Mr. Doyle
recommended the adoption of Option "e" in the Prevailing
Wage Study.
Sr. Assistant City Attorney Briggs answered questions
regarding how the status of public works projects are
determined.
The Council discussed establishing a building valua-
tion amount which would trigger the requirement for pre-
vailing wages.
26
10/6/86
1--
Mark Illsley, General Manayer of Huntley properties
construction and Huntley Properties Development, stated
there are many choices, as well as many risks, in choosing
areas in the Inland Empire in which to develop. He ex-
plained that cOllununi.ties that assist developers by "aiving
certain requirements, such as prevai 1 ing wages, attract
more development.
Glenda Saul, Executive Director of the Redevelopment
Agency, answered questions, stating that prevailing wage
rates apply in projects using ta~ increment revenue only
on streets, curbs and gutters, but is not required on the
whole projec.t.
RESOLUTION OF THE CITY OF SAN BERNARDINO
ESTABLISHING A POLICY THAT PREVAILING WAGES
SHALL BE REQUIRED ON CITY PUBLIC WORKS
CONTRACTS ONLY WHEN REQUIRED BY STATE OR
FEDERAL LAW, AND REPEALING RESOLUTION NO.
l2846.
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO
ESTABLISHING A POLICY THAT PREVAILING WAGE
CLAUSE SHALL NOT BE INCLUDED IN CONTRACTS
AND AGREEMENTS OF THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO EXCEPT WHEN
REQUIRED BY STATE OR FEDERAL LAW.
City Clerk Clark read the title of the resolutions.
Council Member Marks made a motion, seconded by
Council Member Strickler and unanimously carried, that
further reading of the Redevelopment Agency resolution be
waived.
Joe Doyle, Fourth Hard resident and member of IBEW,
stated that the electricians are willing to work towards a
compromise.
Mayor Wilcox questioned whether or not the prevailing
wage issue would have an impact on the proposed project in
the Central City South Area and spoke of the many jobs and
revenue the project would generate.
Glenda Saul, Executive Director of the Redevelopment
Agency, answered questions, stating that in her opinion,
the project could not go forward with the prevailing wage
clause.
Council Member Quiel made a motion, seconded by
Council Member Strickler, to adopt the resolution with
regard to the Redevelopment Agency and the deletion of the
Prevailing Wage rate other than when required by State of
Federal statute.
Council Member Marks made a substitute motion,
seconded by Council Member Hernandez, to continue the
matter to October 20, 1986, to endorse the formation of a
special committee comprised of members of the labor com-
munity and building industry, as well as members of the
City staff, City Council and the Redevelopment Agency, to
explore middle ground solutions as recommended by consul-
tants and others, and report back October 20, 1986, and
City, as policy, would continue to look at each such proj-
ect requesting a waiver on a case by case basis.
Joe Doyle, Fourth Ward resident and member of IBEW,
spoke in favor of the motion, stating the time frame would
encourage debate and solution of the issue.
27
10/6/86
The substitute motion by Council Member Marks failed
by the following vote: Ayes: Council Member Hernandez,
Marr.:s, Frazier. Noes: Council Members Reilly, Quiel,
Strickler. Abstain: Council Member Estrada.
Council Member Strickler made a motion, seconded by
Council Member Quiel, that debate be closed.
The
Council
Frazier,
None.
motion carried by the following vote:
Members Estrada, Reilly, Hernandez,
Strickler. Noes: Council Member Marks.
Ayes:
Quiel,
Absent:
The original motion by Council Member Quiel to adopt
the Redevelopment Agency resolution relative to the Pre-
vailing Wage carried by the following vote: Ayes: Council
Members Reilly, Quiel, Frazier, Strickler. Noes: Council
Members Estrada, Hernandez, Marks. Absent: None. (Re-
considered, see next item.)
Council Member Marks
Council Member Estrada, to
motion.
made a motion, seconded by
reconsider the substitute
The motion carried by the following vote:
Council Members Estrada, Hernandez, Marks, Frazier.
Council Nembers Reilly, Quiel, Strickler. Absent:
Ayes:
Noes:
None.
Council Member Marks made a motion, seconded by
Council Member Hernandez, to adopt the substitute motion
to continue the matter to October 20, 1986, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernar-
dino, California, to endorse the formation of a special
coromi t tee comprised of members of tile labor community and
the building industry, as well as City staff and Council
and Redevelopment Agency, to explore middle ground solu-
tions as recommended by consultants and others, and report
back October 20, 1986, and City, as policy would continue
to look at each such project requesting a waiver on a case
by case basis. (See page 43 for committee Council
appointments)
The motion carried by the following vote:
Council Members Estrada, Hernandez, Marks, Frazier.
Council Members Reilly, Quiel, Strickler. Absent:
Ayes:
Noes:
None.
Council Member Quiel made a motion, seconded by
Council Member Strickler, that further reading of the the
City resolution relative to the Prevailing Wage issue be
waived, and that said resolution be adopted.
The
Council
Members
None.
motion fai led by the following vote:
Members Reilly, Quiel, Strickler. Noes:
Estrada, Hernandez, Marks, Frazier.
Ayes:
Council
Absent:
SALE OF ORANGEWOOD PARK TO SAN BERNARDINO COt~UNITY
HOSPITAl - CONTINUED FROM SEPTEMBER 8, 1986
This is the time and place continued to for consider-
ation of the sale of Orangewood Park to San Bernardino
Community Hospital. (R-3)
Council Member Quiel stated that he would abstain on
this matter due to a possible conflict of interest, as his
Company had provided sign work for the hospital.
COUNCIL MEMBER QUIEL EXCUSED
Council Member Quiel left the Council Meeting.
28
10/b/S6
RES. 86-404 - RESOLUTION OF THE CrfY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING EXECU-
TION OF A GRANT DEED CONVEYING CERTAIN
PROPERTY TO THE COMMUNITY DEVELOPMENT COM-
MISSION OF THE CITY OF SAN BERNARDINO FOR
USE IN DEVELOPMENT OF THE NORTHWEST REDE-
VELOPMENT PROJECT AREA. (R3a)
City Clerk Clark read the titles of the three resolu-
tions relating to the sale of Orangewood Park.
Council Member Frazier made a motion, seconded by
Council Member Reilly and unanimously carried, that fur-
ther reading of the resolutions be waived.
COUNCIL MEMBER MARKS EXCUSED
Council Member Marks left the Council Meeting.
Council Member Frazier made a motion, seconded by
Council Member Hernandez, that said resolution be adopted.
Resolution No. 86-404 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Hernandez,
Frazier, Strickler. Noes: None. Absent: Council Mem-
bers Marks, Quiel.
RES. 86-405 - RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING THE SALE OF THAT CER-
TAIN PARCEL OF PROPERTY IDENTIFIED AS APN
l43-05l-05 AND APN l43-39l-02, LOCATED ON
THE WEST SIDE OF MUSCOTT DRIVE, 300 FEET
SOUTH OF 19TH STREET, BY THE COMMUNITY
DEVELOPMENT COMMISSION TO SAN BERNARDINO
COMMUNITY HOSPITAL. (R-3b)
Council Member Frazier made a motion, seconded by
Council Member Hernandez, that said resolution be adopted.
Resolution No. 86-405 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Hernandez,
Frazier, Strickler. Noes: None. Absent: Council Mem-
bers Marks, Quiel.
RES. 86-406 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF A DISPOSITION AND JOINT DEVEL-
OPMENT AGREEMENT AMONG THE CITY OF SAN
BERNARDINO, THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO AND THE SAN BERNAR-
DINO COMHUNI'fY HOSPITAL. (R-3c)
Council Member Frazier made a motion, seconded by
Council Member Hernandez, that said resolution be adopted.
Resolution No. 86-406 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Hernandez,
Frazier, Strickler. Noes: None. Absent: Council Mem-
bers Marks, Quiel.
DEPUTY CITY ATTORNEY MC QUEEN ARRIVED
Deputy City Attorney McQueen arrived at the Council
Meeting.
COUNCIL MEMBER QUIEL RETURNED
Council Member Quiel returned to the Council Meeting
and took his place at the Council Table.
29
lO/6/8"
APPEAL HEARING - SOARD OF SUnDING COMMISSIONERS'
ORDER OF ABATEMENT - 1139 w. 19TH STREET - JOHN
R. TINDALL ON BEHALF OF MANUEL B. ENRIQUEZ -
CONTINUED FROM EARLIER IN THE MEETING
This is the time and place continued to for consider-
ation of the appeal filed by John R. Tindall on behalf of
Manuel S. Enriquez on the Board of Building Commissioners'
Order of Abatement on property located at 1139 W. 19th
Street, San Bernardino, California. (See page l6) (38)
Attorney John Tindall, representing Manuel B.
Enriquez, statea that Mr. Frye, an inspector from the Fire
Department, had made an inspection of the attic at the
house at l139 W. 19th Street, and had found no grease
build up in the attic and no evidence of any fire hazard,
except it was not properly vented. Mr. Tindall stated
that he had told the Building and Safety Department this
would be corrected within a day or two. He requested an
additional 90 days to proceed with Planning Department
application to get the lot line changed, take out the
proper building permits as necessary and submit plans.
Jim Robbins, Acting
Safety, stated that the work
days and the house must meet
Superintendent, Building &
should be completed within 90
the minimum building Codes.
Council Member Frazier made a motion, seconded by
Council Member Reilly and unanimously carried, that the
applicant be given 90 days to comply with the following
conditions: a lot line adjustment for ll39 W. 19th
Street, a variance from the Planning Commission for the
side yard setback, make all repairs listed in the memor-
andum of November lB, 1985, from Michael Perbix, Deputy
City Attorney.
PUBLIC HEARING - RENAMING OF MUSCOTT STREET
FROM FIFTH STREET NORTH TO CAJON STREET
This is the time and place set for a public hearing
to consider the renaming of Muscott Street from Fifth
Street north to Cajon Street. (55)
Mayor wilcox opened the hearing.
Clarence R. Goodwin, 1456 W. 16th Street, a pastor,
educator and member of the San Bernardino Community Hos-
pi tal Board of Directors, spoke in favor of renaming Mus-
cott Street Medical Center Drive.
Matthew B. Stewart, a resident
stated that there was much traffic
didn't feel people avoided the area.
the name remain the same.
of Muscott Street,
on the street and
He reco~nended that
Pastor James Elder, Living Water Church of God in
Christ, 1545 N. Mt. Vernon, stated he was pleased with
honors given in memory of Dr. Martin Luther King, Jr.,
such as the statue in front of City Hall, and was in favor
of the name Martin Luther King, Jr., if a change is to be
made.
Frances Holland, 1098 Muscott Street, stated she had
lived at this address for 42 years and was in favor of
leaving the name the same, as changing the name of the
street would not change the problems that exist in the
area.
Thomas Chandler, Committee member of the Northwest
PAC, has a business close to Muscott. He stated he felt a
30
lO/6/86
change in street name would be a cosmetic change only and
recommended leaving it the same or changing it to Martin
Luther King Jr.
Albert Johnson, who has lived on Muscott for 23
years, stated he didn't feel it would make much difference
if the name were changed, but it might help people find
the medical facility if the name of the street were
changed to Medical Center Drive.
Jack Hill, a resident of the West Side for 55 years,
stated he felt many improvements had been made in the west
side, and was in favor of changing the name to Medical
Center Drive and expressed his support for the San Bernar-
dino Community Hospital.
Bill Jacocks, President of the Westside Action Group,
proposed a compromise whereby Muscott Street would be
renamed Medical Center Drive and "D" Street would be re-
named Martin Luther King Jr. Avenue.
Trini Coburn spoke in opposition to changing the name
of Muscott Street, because it would not change the image
of the area and suggested leaving it the same.
COUNCIL MEMBER
At 5:10 p.m.,
Council Meeting and
MARKS RETURNED
Council Member Marks returned to the
took his place at the Council Table.
Darlene McGinnis, a resident of orangewood Estates,
spoke in favor of changing the name of Muscott to Medical
Center Drive and stated she had conducted a survey in the
area, and found that the majority of people were in favor
of Medical Center Drive.
Carl Clemmons, Chairman of the Northwest Project Area
PAC spoke in favor of changing the name of Muscott to
Medical Center Drive, and that members of the PAC also
preferred Medical Center Drive.
George King, a resident of the West Side, spoke in
favor of Medical Center Drive, and suggested that a new
name might cause tile City to provide better street clean-
ing services.
Cheryl Brown, a resident of the West Side for 25
years, was in favor of changing the name of Muscott to
Medical Center Drive which would contribute to the econ-
omic growth in the area, by providing opportunities for
business to develop in connection with the health services
facility.
Lydia Hall spoke in opposition to the name Medical
Center Drive, as in another community a Medical Center
Drive had forced the black community to leave the area.
Ms. Doster spoke in favor of changing the name of
Muscott to Medical Center Drive.
Council Member Frazier made a motion, seconded by
Council Member Hernandez and unanimously carried, that the
hearing be closed.
Council Member Frazier made a motion, seconded by
Council Member Estrada, that the City Attorney be directed
to prepare the enabling documents to change the name of
Muscott Street to Medical Center Drive.
31
lO/6/86
The motion carried by the following vote: Ayes:
Council Members Estrada, Reilly, Marks, Quiel, Frazier,
Strickler. Noes: Council Member Hernandez. Absent:
None.
GIBSON BROTHERS - COS'l'ODIAL SERVICES - CEN'rRAL
CITY MALL - CONTINUED FROM SEPTEMBER 22, 1986
This is the time and place continued to for consider-
ation of contracting out the custodial maintenance ser-
vices at Central City Mall to the private sector. (S-13)
City Administrator Schweitzer answered questions,
stating that contracting for Mall maintenance would affect
six full-time and thirteen part-time City employees. It
is possible that the six full-time employees could be
absorbed into the work force at City Hall, but the cost
benefit of contracting out would be reduced.
Ed Lehmann, AFSCME, Local l22, stated that the union
had not been properly notified of a reduction in forces
but that staff had been told informally to start looking
for another job.
In a letter dated October 3, 1986, Robert D. Curci,
Managing Partner, Central City Company, stated that the
Central City Company had been very pleased with the cus-
todial services provided by the City in the Central City
Mall and felt it was more efficient and cost-effective
than contracting out the services. Mr. Curci respectfully
requested that the City proceed in a conservative and
cautious manner to protect its own interests and interests
of the businesses with whom they have agreements relative
to custodial services. He explained that he believed that
both the City and the Central City Company would be taking
an unwarranted risk to go to contract services without a
history of performance and sufficient back-up performance
in the event the contractor does not perform properly.
Lionel Heller spoke regarding the benefits on con-
tracting custodial services with his company.
Roger Hardgrave, Director of Public WorKs/City Engi-
neer, answered questions about comments that were made to
Mall employees.
Council Member Quiel made a motion, seconded by
Council Member Marks and unanimously carried, to continue
this matter to October 20, 1986, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, Cali-
fornia, and direct staff, Gibson Brothers, and Central
City Mall to sit down and discuss parameters of the pro-
posed maintenance contract and be prepared to discuss them
at the October 20, 1986, meeting.
Mr. Lionel Heller, Gibson Janitorial Services, stated
that he had submitted a bid bond with his bid, and re-
quested that it be released.
Council Member Quiel made a motion, seconded by
Council Member Marks and unanimously carried, to authorize
the release of the bid bond submitted by Gibson Brothers
in light of the fact that the City is not prepared to
award the contract. If the contract is awarded at a later
date, Gibson Brothers will be required to submit a new
bond.
GENERAL REPORTS AND CORRESPONDENCE
a. Board of Building Commissioners' Resolutions:
(49 a)
32
10/6/86
SSC 1117
BBC 1118
BBC 1119
BBC 1120
BBC 1121
BBC 1122
BBC 1123
BBC 1124
750 North "G" Street
263 W. Baseline
133 South "I" Street
959 North "H" Street
2584 North Cedar
1248 West Reece Street
2934 Glenview Avenue
5718 North "D" Street
Council Member Quiel made a motion, seconded by
Council Member Reilly and unanimously carried, that said
Board of Building Commissioners' Resolutions be received
and filed.
b. Before the Public Utilities COlmnission of the
State of California: order modifying decision
(D.) 86-04-020 and denying rehearing. (previous
applications filed July l, 1983, and August 3,
1983.) (49b)
Council Member Marks made a motion, seconded by
Council Member Reilly and unanimously carried, that the
Public Utilities Commission Order be received and filed.
c. Before the Public Utilities COIlunission of the
State of California: Southern California Gas
Company Notice to customers of filing of
application and public hearing in Application
No. 86-09-030 and Application No. 86-09-029.
(Relative to request to increase its rates
effective January l, 1987). 49(c)
Council Member Marks made a motion, seconded by
Council Member Quiel and unanimously carried, that the
Southern California Gas Company Notice to customers of
filing Application No. 86-09-030 and Application No.
86-09-029, relative to request to increase its rate ef-
fective January l, 1987, be referred to the Ways and Means
Committee for a report back to the Council at the meeting
of October 20, 1986, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
POLICY REGARDING PUBLIC U'l'ILI'rIES COMMISSION
NOTICES OF INCREASES IN RATES
Council Member Quiel made a motion, seconded by
Council Member Marks and unanimously carried, that any
Public Utilities Commission document relating to rate
increases be referred directly to the Ways and Means Com-
mittee.
RECESS MEETING
At 6:25 p.m., Council Member Marks made a motion,
seconded by Council Member Frazier and unanimously car-
ried, that the Regular Meeting of the Mayor and Cor=on
Council recess until 7:30 p.m., in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino. Cali-
fornia.
RECONVENE MEETING
At 7:40 p.m., the Regular Meeting of the Mayor and
Common Council reconvened in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll CalI was taken by the City Clerk with the fol-
lowing being present: Mayor Wilcox; Council Members
Estrada, Reilly, Marks, Quiel; Assistant City Attorney
Sabourin, City Clerk Clark, City Administrator Schweitzer.
Absent: Council Members Hernandez, Frazier, Strickler.
33
10/6/86
RES. 86-407 - RESOLUTION O~' 'rHE CI'fY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF AN AGREEMEN'f BE'fWEEN THE CITY
OF SAN BERNARDINO AND THE SAN BERNARDINO
CITY UNIFIED SCHOOL DISTRICT. (Stay in
School Program) (l5)
(Continued from earlier in the meeting. See
page 7)
In a memorandum dated October 6, 1986, Kenneth J.
Henderson, Director, Community Development Department,
summarized his Department's participation in the Stay-In-
School Program. He stated he received a copy of the cor-
respondence dated September l5, 198b from the City Attor-
ney's Office to the San Bernardino Unified School
District, requesting the District's comments on the pro-
posed agreement. He then provided his comments to the
City Attorney and Dr. Roberts and Nancy Rucker of the
District. He stated that he had no knowledge of the delay
in time between the action taken by the Council on April
4, 1986, as the City Attorney's Office was handling this
particular agreement.
Mr. Henderson also stated in the memorandum that with
respect to possible changes in the parameters of the pro-
gram design he found the only significant changes appear
to be the difference in School District funding for the
program, $260,000 in Counc i 1 Member Mar ks' report, and
$239,400 in the budget attached to the staff report and
tne lack of an evaluation component in the item under
consideration today. The cost of the proposed evaluation
component was estimated at $2,500, and only partially
makes up the difference between the proposed and current
budgets ($20,600).
Ken Henderson, Director, Community Development De-
partment, answered questions.
Council Member Marks made a motion, seconded by
Council Member Reilly and unanimously carried, to amend
the resolution by interdelineation to include the evalua-
tion component of the program and to adopt the resolution
as amended.
Resolution No. 86-407 was adopted by the follo\ling
vote: Ayes: Council Members Estrada, Reilly, Marks,
Quiel. Noes: None. Absent: Council Members Hernandez,
Frazier, Strickler.
ENTERPRISE ZONING WITHIN THE NORTHlmST
REDEVELOPMENT PROJECT AREA GENERAL PLAN -
CON'rINUED FROM EARLIER IN THE MEE'rING
This is the time and place continued to for discus-
sion regarding the General Plan zoning within the North-
west Redevelopment Project Area and how it relates to the
Enterprise Zone. (See page 15) (41)
Council Member Quiel made a motion, seconded by
Council Member Reilly and unanimously carried, that the
discussion regarding the General Plan zoning within the
Northwest Redevelopment Project Area and how it relates to
the Enterprise Zone be continued to October 20, 1986, in
the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
34
lO/6/86
ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SECTION 18.40.l60, SUBSECTION C OF
THE SAN BERNARDINO MUNICIPAL CODE TO PRO-
VIDE FOR EXEMPTIONS FROM THE TWO STANDARD
ACCESS ROUTE REQUIREMENT FOR SUBDIVISION
OUTSIDE THE HIGH FIRE HAZARD AREA. (36)
(Continued from earlier in the meeting. See
page 13)
Council Member Quiel made a motion, seconded by
Council Member Estrada and unanimously carried, that said
ordinance be continued to October 20, 198b, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernar-
dino, California.
REPORT FROM ANIMAL CONTROL - ALTERNATIVE PROGRAM
FOR NO-FEE OR REDUCED-FEE ADOPTION PROGRAM TO
ENCOURAGE ADOPTION OF ANIMALS BY ELDERLY AND
HANDICAPPED PERSONS
This is the time and place set for consideration of a
report from Animal Control regarding alternate program
scenarios which would incorporate ideas for no-fee or
reduced-fee adoption programs to encourage adoption of
animals from the shelter and develop a program for match-
ing elderly and handicapped person with pets available at
the shelter. (40 )
In a memorandum dated September 30, 1986, Paul Tur-
ner, Director, Animal Control, repor.ted that during the
months of July, August and September, over the past four
years (1982-198S), 13.6% of dogs received were eventually
adopted to a new home. Similarly, only 3.8% of cats re-
ceived were eventually adopted.
Mr. Turner al so stated in his memorandum that since
the increase in adoption fees, the percentage of adoptions
for dogs dropped to lO.7% and 3% for cats. The increased
fees appear to have reduced adoptions by approximately 435
dogs and 56 cats per year. Mr. Turner explained that
should the adoption fees be rolled back to $l5 and $10
respectfully, the reduced revenue theoretically would be
offset by licensing the increased number of adopted
animals.
In a memorandum dated October 1, 1986, Paul Turner,
Director, Animal Control, described the San Bernardino
County program called "Seniors Adopt-A Pet", which pro-
vides dogs or cats free of charge to persons 65 and older.
However, there are some charges that are not borne by the
County and must be paid by the adoptor, which could pre-
sent a financial burden to some elderly.
The following Seniors and Pets adoption Program was
proposed:
1. In cooperation with the Community Services Divi-
sion develop and provide a communications link between the
senior citizen community and the Animal Shelter promoting
pet adoptions. Provide a method for seniors to express
what type of pet they would like.
2. Shelter staff or volunteers would provide coun-
seling to potential adoptor so as to insure the persons
are well informed regarding responsibilities.
3. Provide a "pet locator" service.
4. Pets would be vaccinated against common diseases
and offered to the senior at no charge.
3:0
10/6/86
5. In cooperation with the San Bernardino Valley
Humane Society, arrangement would be made for reduced
spay/neuter deposit and shelter staff would make appoint-
ment for surgery at the time of adoption.
6. Shelter staff would provide on-going educational
assistance to the pet adoptors, assisting with training
problems.
7. Proposal to reduce dog license fee 50% ($2.50/yr)
for senior citizens is included in proposed new Animal
control ordinances, presently under revision.
This program would not require additional personnel
or funding and yet could make pets available to elderly
persons who have previously found the costs prohibitive.
Council Member Quiel made a motion, seconded by
Council Member Estrada and unanimously carried, to approve
the recommendation from Paul 'rurner, Director of Animal
Control, to reduce adoption fees to $l5 for dogs and $lO
for cats. The City Attorney was instructed to amend the
Municipal Code accordingly.
Council Member Quiel made a motion, seconded by
Council Member Estrada and unanimously carried, to in-
struct the Director of Animal Control to report back to
the Council within 90 days (January 5, 1987) on the effect
of reducing adoption fees.
Council Member Quiel made a motion, seconded by
Council Member Estrada and unanimously carried, to approve
the Seniors and Pets adoption Program as outlined above,
and to instruct the Director of Animal Control to proceed
and institute said program.
Margo Tannenbaum, Action for Animals, requested dis-
cussion on her proposal for enhancing adoptions at the
City animal shelter. The program would utilize volunteer
workers and include the support of the business community
and local veterinarians.
Council Member Marks made a motion, seconded by
Council Member Estrada and unanimously carried, that the
request from Margo Tannenbaum to discuss her adoption
program be referred to the Animal Advisory Commission and
the Ways and Means Committee for a report back to the
Council.
COUNCIL MEMBER HERNANDEZ RETURNED
Council Member Hernandez returned to the Council
Meeting and took his place at the Council Table.
SAN MANUEL BAND OF MISSION INDIANS - BINGO -
CASE SETTLEMENT - CONTINUED FROM EARLIER IN
THE MEETING
Council Member Marks presented a proposed agreement
with the San Manuel Band of Mission Indians, Carolyn
Richards, and Western Entertainment Corporation in settle-
ment of the dispute arising from the construction of In-
dian Bingo facilities on Victoria Avenue, and explained
the components of the agreement. (City of San Bernardino,
et al vs. San Manuel Band of Mission Indians, et al, Case
NO~~~ District Court No. 85 6899 WJR [Bx]). (S-l)
The proposed agreement as presented included the
following provisions:
36
10/6/86
1. Payment of a total of $1,150,000 over a period of
seven years. An initial payment of $50,000 is made upon
execution of the agreement, and $250,000 will be paid in
quarterly payments in the next year. Subsequent payments
of $150,000 will be made in the next five years with a
final payment of $lOO,OOO. The City is guaranteed to re-
ceive the first $115,000 with the remainder paid from 5%
of the gross receipts of the bingo games.
2. The City will be spending $l50,000 immediately to
close off Piedmont at Victoria and to extend piedmont
easterly. Fifty thousand dollars is identified for traf-
fic light signalization improvements at Highland and Vic-
toria.
3. Under the agreement, residences on the west side
of victoria, across from the bingo project, will be pur-
chased for future parking needs. The agreement provides
that such property shall be used in accordance with exist-
ing or future City zoning for the property and that no-
high rise parking structures may be built on the existing
parking area or on any property purchased on the wests ide
of Victoria. Further, the agreement provides that the
parking lots may not be used for swap meets.
4. Under the agreement, the residence located on the
northeast corner of Victoria and piedmont will be pur-
chased for continued single family residential usage.
5. Substantial environmental concerns have been
addressed and mitigation measures, including noise attenu-
ation, visual blight, outside lighting adjacent to the
residential areas, removal of trash and litter, and prop-
erty drainage from the bingo facility are assured under
the agreement.
6. The legal dispute between the City/County and the
Tribe and Bingo Management Company arising out of the
City/County environmental lawsuit and the City's adminis-
trative appeals through the BIA are amicably resolved
through the settlement.
The City Engineer incorporated into the cul-de-sac
bid package most of the design alternatives recommended by
the neighborhood during recent public meetings. 'rhe bids
are scheduled to open on October 28, 1986. At the next
regularly scheduled Council meeting following the bid
opening, Mr. Marks will call for an open hearing on the
alternatives in order to ensure that the neighborhood has
maximum opportunity for input and participation in the
alternative selected for contract.
The class action settlement further stipulates that
$300,000 will be placed into a homeowners compensation
fund to mitigate loss of property values caused by the
Bingo Project. Further revenue expenditures are contained
in a proposed agreement with the County which will be
presented at the Council meeting on Monday, October 20,
1986, in the afternoon session (after 2:00 p.m.)
In addition to the above-mentioned Indian Bingo Set-
tlement Agreement revenue-use stipulations, the proposed
City/County expenditure agreement provides for the fol-
lowing:
l. Construction of a box culvert on Lynwood Avenue
west of Victoria to eliminate the dip in the road at the
location of the flood control channel, at an estimated
cost of $250,000. Pedestrian and vehicular safety will be
significantly enhanced by this project.
37
lO/6/86
2. Any additional funds received or available pur-
suant to the terms of the settlement between the City and
the San Manuel Sand of Mission Indians shall be deposited
in a separate fund for utilization to accomplish public
improvement to mitigate the effects of the Indian Bingo
operations within the area bounded by Arden, Lynwood,
Victoria and Highland Avenue.
Council Member Quiel stated he would not participate
in discussion or voting on this matter due to a possible
conflict of interest, due to the fact his business had
provided a sign regarding the Indian Bingo Facility.
COUNCIL MEMBER QUIEL EXCUSED
Council Member Quiel left the Council Meeting.
Assistant City Attorney Sabourin answered questions.
Richard Terzian, Special Counsel, was present to
answer questions regarding the terms of the agreement and
explained how funds will be distributed.
Bill Richards, 2804 E. Piedmont Drive, San Bernar-
dino, asked questions about the manner in which residents
will be able to apply for compensation for damages.
It was pointed out that everyone who receives money
from this agreement will have to sign a release.
Shiela Kohrell who lives on the west side of Vic-
toria, stated that the second lot on the north side of her
property was vacant, and wanted to know what would happen
in the event that she wants to sell her property and the
owner of the lot north of her does not, since the agree-
ment provides that a minimum of three parcels must be
sold.
RES. 86-408 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT AMONG THE CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, CAROLYN RICHARDS,
THE SAN MANUEL BAND OF MISSION INDIANS AND
WESTERN ENTERTAINMENT CORPORATION RELATING
TO nlE SETTLEMEWf OF LITIGA'rION. (S-I)
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 and said resolu-
tion be adopted.
Resolution No. 86-408 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Hernandez,
Marks. Noes: None. Absent: Council Members Quiel,
Frazier, StriCkler.
COUNCIL MEMBER QUIEL RETURNED
Council Member Quiel returned to the Council Meeting
and took his place at the Council Table.
COUNCIL MEMBER ESTRADA EXCUSED
Council Member Estrada left the Council Meeting.
PLANNING AND BUILDING & SAFETY - PROPOSED
CONSOLIDATION OF WU.AGEMENT RESPONSIBILITIES -
DIRECTOR OF DEVELOPMENT SERVICES
In a memorandum dated September 20, 1986, James Rob-
bins, Acting Superintendent, Building & Safety, presented
a staff report outlining a plan to reorganize the Planning
38
10/6/86
and Building & Safety Departments
management responsibilities under
mental Services.
and the consolidation of
a Director of Develop-
(43)
Council Member Quiel made a motion, seconded by
Council Member Marks and unanimously carried, that the
proposed consolidation of management responsibilities
under a Director of Development Services concurrently
referred to the Legislative Review Committee and the Ways
and Means Committee with a report back at the meeting of
October 20, 1986, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
LEGISLATIVE REVIEW COMMITTEE REPORT -
2S, 1986 - COUNCIL MEMBER QUIEL
In the absence of Chairman Strickler,
Quiel presented the report of the meeting
tive Review Committee held on September
following items were discussed:
SEPTEMBER
Council Member
of the Legisla-
25, 1986. The
(44)
l. Ordinance amending MC Chapter 19.12
~taining to Mult~le Family Residential
District - The COlllmittee reco~nended that
thedefTnition of "story" in the Uniform
Building Code be adopted. Maximum building
height shall not exceed 35 feet. Addition-
ally, there will be no R-3-l200 zoning
after the effective date of the ordinance,
but property already zoned R-3-l200 would
be grand fathered under the old guidelines.
The City Attorney and Planning Director
were directed to draft the proposals agreed
upon and present to the Council for
approval.
2. Parking requirements for medical and
dental offices - The Committee recommended
that the standards for calculating the
parking requirements for medical and dental
offices be ten spaces for the first 2000
square feet of floor area, plus one space
per l75 square feet of the remaining gross
floor area. The COlllmi t tee further recom-
mended that the Planning Director place the
recommended standards on the next Planning
Commission agenda for their recommendation
to the Council.
Council Member Quiel made a motion, seconded by
Council Member Reilly and unanimously carried, to instruct
the City Attorney to prepare the proposed ordinance re-
ducing the parking standard requirements for medical and
dental offices to ten spaces for the first 2000 square
feet of floor area, plus one space per 175 square feet of
the remaining gross floor area, and that this ordinance is
to be reviewed by the Planning Commission and forwarded to
the Mayor and Cornmon Council as soon as possible.
3. Ordinance - outdoor sales/auto sales
and storage auto accessories - The Commit-
tee recommended that a separate ordinance
be drafted. The Planning Director was
directed to contact the spokesperson for
the automotive dealers to incorporate their
recommendations for Committee considera-
tion.
4. Waiver of building fees - Western Re-
gional Little League - Council Member Quiel
requested the Committee consider waiving
39
10/6/86
building permit fees, in the amount of
$6,853.41, for the Western Regional Little
League building at 6701 Little League
Drive. The committee unanimously recom-
mended approval.
council Member Quiel made a motion, seconded by
Council Member Hernandez and unanimously carried, that the
building permit fees for Western Regional Little League
building at 6707 Little League Drive in the amount of
$6,853.4l be waived.
5. 2ve~~i~t Committee for Workers' Com-
pensation and liability claims - Tabled.
6. Resolution authorizing City Administra-
tor to act as a representative of the City
to apply for disability retirement -Tabled.
7. ~~uest for waiver of storm drain fees
- Tract No. l0979, east of pine Avenue and
north of Irvington Avenue - The Committee
received-alreport-from Council Member Quiel
and agreed that the Director of Public
works/City Engineer needs a policy guide-
line rather than an ordinance to permit
installation of storm drains over and above
normal development by a developer. There
would not be a waiver of fees but a parti-
cipatory agreement to refund the developer
a cost not to exceed the amount of storm
drain fees paid. If there is a downstream
requirement foreseen, the City would not
make a refund. the Committee recommended
that the City Engineer bring the policy
guidelines to the Council for approval. A
refund was recommended for Tract No. 10979.
A one page document was presented entitled Guidelines
i~~_~articiEation by the City in the Cost of Construction
of Master Plan Storm Drain Facilities by Developers, which
described the Purpose, Description and Procedure.
Council Member Hernandez made a motion, seconded by
Council Member Marks and unanimously carried, that the
matter of the waiver of the Storm Drain fees in Tract No.
10979 be continued to October 20, 1986, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernar-
dino, California.
Council Member Quiel made a motion, seconded by
Council Member Hernandez and unanimously carried, that the
report of the Legislative Review Committee meeting of
September 25, 1986 be received and filed.
REPOR'r OF THE WAYS AND MEANS COMMI'rTEE MEETING -
SEPTEMBER 29, 1986
Council Member Marks made a motion, seconded by
Council Member Quiel and unanimously carried, that the
item concerning the report of the Ways and Means Committee
meeting of September 29, 1986 be deleted, as no meeting
was held. (45)
REPORT OF THE PERSONNEL COMMITTEE MEETING -
OCTOBER 3, 1986 - COUNCIL MEMBER REILLY
Council Member Reilly, Chairman of the Personnel
Committee, presented the report of the Personnel Co~nittee
meeting held on October 3, 1986. The following items were
discussed and presented in the order they were presented:
(46)
40
lO/6/86
I
9. PERS Compensation Resolution (Mr. Mat-
zer)-=-Committee recommended that the City
Attorney present the issue to the Mayor and
Common Council at the October 6, 1986,
meeting.
Assistant City Attorney Sabourin answered questions.
Council Member Reilly made a motion, seconded by
Council Member Hernandez and unanimously carried, that the
PERS Compensation Resolution regarding Mr. Matzer be con-
tinued to October 8, 1986, at 7:30 a.m., in the Management
Information Center (MIC), Sixth Floor, City Hall, 300
North "D" Street, San Bernardino, California.
l. ~na!Y~i~ of salary setting - Risk Man-
~ment Director and Emergency Services
Director - The Committee recommended that
two positions were appropriate and recom-
mended the salary for Risk Management be
set at Range 4147 and for Emergency Ser-
vices be set at 4137. The request for "y"
rating of the Communications Information
Aide to Intermediate Clerk typist was con-
tinued.
RES. 8b-409 - RESOLU'rION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 6413
ENTITLED IN PART "A RESOLUTION. . ES'rAB-
LISHING A BASIC COMPENSATION PLAN. "
ADDING THE POSITIONS OF DIRECTOR OF RISK
MANAGEMENT, R4147 ($2998-3654/MO); DIRECTOR
OF EMERGENCY SERVICES, R4l37 ($2649-
3228/MO) AND FIELD ENGINEER, R4144 ($2889-
352l/MO) AND DELETING THE POSITIONS OF
SENIOR FIELD ENGINEER AND ASSISTANT DIREC-
TOR OF EMERGENCY SERVICES AND RISK MANAGE-
MENT.
City Clerk Clark read the title of the resolution.
Council Member Reilly made a motion, seconded by
Council Member Marks and unanimously carried, that further
reading of the resolution be waived and that said resolu-
tion be adopted.
Resolution No. 86-409 was adopted by the following
vote: Ayes: Council Members Reilly, Hernandez, Marks,
Quiel. Noes: None. Absent: Council Members Estrada,
Frazier, Strickler.
2. Bis~_~~~agement Interviews - Oral
classification - The Committee was pre-
sented-two-resumes that did not meet the
required qualifications for this position.
The Committee recollUllended denial of consid-
eration on both.
3. Consolidation of Management responsi-
bilities - Director of Development Services
- Based on a lengthy report and justifica-
tion presented by Jim Robbins, Building and
Safety, the Committee recommended review by
the full Council and reco~nended the salary
range for this new Director, if approved by
Council, be set at 4170 ($3984-$4851).
4. Planning Department staffing - Item
continue~----------------------
4l
10/6/86
5. ~na~~is~~ngineering Department
Positlon - 'rhe Committee, after reviewing
the--recommendation made by Personnel,
recommended combining the proposed Park
Engineer position with the Traffic signal
Design engineer to create the class of
civil Engineering Assistant II at the sal-
ary range of l1l9 ($237, - $2895). Annual
cost for creating this new position was
estimated to be $1700 per year.
RES. 86-410 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 6413
ENTITLED IN PART "A RESOLUTION. . ESTAB-
LISHING A BASIC COMPENSATION PLAN. .";
AND ADDING THE POSITIONS OF SAFETY OFFICER,
RlllS ($2262-27S6/MO) fu~D CIVIL ENGINEERING
ASSISTANT II, Rl1l9 ($2377-2895/MO) AND
DELETING THE POSITIONS OF EMERGENCY SER-
VICES AND SAFETY OFFICER AND TRAFFIC SIGNAL
DESIGN ENGINEER.
Council Member Reilly made a motion, seconded by
Council Member Marks and unanimously carried, that further
reading of the resolution be waived and said resolution be
adopted.
Resolution No. 86-410 was adopted by the following
vote: Ayes: Council Members Reilly, Hernandez, Marks,
Quie1. Noes: None. Absent: Council Members Estrada,
Frazier, Strickler.
6. ~oli~f Acting position - Item con-
tinued to allow Mr. Schweitzer, who had
departed meeting, to speak to it.
7. Evaluation of Department Heads Item
conti"rlUedto-allow - Mayoran.d-Mr~Schwei tzer
the opportunity to present their views.
8. !:~J21oy~es~~i~!:ance--Rro.9.E~~ - The
committee recommended that the Personnel
Director go forward with the revised RFP
for the Employee Assistance Program. All
agreed that this is a viable and necessary
service for City employees and their family
members.
Council Member Marks made a motion, seconded by
Council Member Reilly and unanimously carried, to author-
ize the Personnel Director to go forward with the revised
RFP for the Employee Assistance Program.
Council Member Reilly made a motion, seconded by
Council Member Marks and unanimously carried, that the
Personnel Corl1lUittee Report of the meeting held on October
3, 1986, be received and filed.
INCLUSION OF PROPERTIES IN ASSESSMENT FOR DISTRICT
NO. 972 (NW SAN BERNARDINO)
In a memorandum dated September 16, 1986, Roger Hard-
grave, Director of Public Works/City Engineer, gave the
background on the establishment of a landscape maintenance
district in the northwest San Bernardino area as delin-
eated on a map whiCh was included with the memorandum. Hr.
Hardgrave indicated there were two choices in acting on
this matter, one if the Council wishes to include City
owned property, School District and State property in the
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district, and two, if the Council wishes to eliminate the
City, School District and State from the assessments.
(47)
Council Member Marks made a motion, seconded by
Council Member Quiel and unanimously carried, that this
matter be continued to October 20, 1986, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernar-
dino, California, for clarification on boundaries and for
information on who will be paying assessments.
PREVAILING WAGE COMMITTEE - APPOINTMENT OF MEMBERS
In previous Council action taken earlier in the meet-
ing, direction was given to form a committee to explore
middle ground solutions to the Prevailing Wage issue for a
report back to the Council on October 20, 1986. (R-2)
Council Member Marks made a motion, seconded by
Council Member Reilly and unanimously carried, that
Council Members Marks and Quiel be appointed to serve on
the prevailing Wage Committee.
CLOSED SESSION - TIPPECANOE AVENUE BRIDGE PROJECT
A request was submitted for a Closed Session pursuant
to Government Code Section 549S6.9(a) to confer with its
attorney regarding pending litigation which has been iden-
tified formally and to which the City is a party. The
title of the litigation is City of San Bernardino et al
~~~~~!y~_~~veE~~de,_~!~! (Tippecanoe Avenue Bridge
project), Superior Court Case No. 223224. (48)
Council Member Quiel made a motion, seconded by
Council Member Hernandez and unanimously carried, that the
request for a Closed Session regarding pending litigation
(Tippecanoe Avenue Bridge Project) be continued to 7:30
a.m., October 8, 1986, in the Management Information Cen-
ter (MIC), Sixth Floor, City Hall, 300 North "D" Street,
San Bernardino, California.
REQUEST FOR CLOSED SESSION - WALSH ET AL VS. CITY
OF SAN BERNARDINO
A request for a Closed session to discuss threatened
and pending litigation. (Walsh et al vs. City of San
Bernardino Superior Court Case- No~199364T------ ( S-12)
Council Member Quiel made a motion, seconded by
Council Member Reilly and unanimously carried, that the
request for a Closed Session to discuss threatened and
pending Litigation (Walsh et al vs. City of San Bernardino
Superior Court Case No. 199364) be continued to 7:30 a.m.,
October 8, 1986, in the Management Information Center
(MIC), Sixth Floor, City Hall, 300 North "D" Street, San
Bernardino, California.
CONTINUING IMPACTION REPOR'r FROM RIALTO UNIFIED
SCHOOL DISTRICT - JANE SCOTT, ASSISTANT
SUPERINTENDENT, BUSINESS.
In a letter dated September 25, 1986, Jane E. Scott,
Assistant Superintendent, Business, enclosed a Rialto
Unified School District Declaration of Continuing
Impaction for the current year, and requested that the
report be accepted. It is their intent to request a
change to Mitigation Fees in lieu of SB201 fees if
Proposition 53 does not pass. (S-2)
Council Member Hernandez made a motion, seconded by
Council Member Quiel and unanimously carried, that the
request to accept Declaration of Continuing Impaction
Report from the Rialto Unified School District be referred
43
10/6/86
to the Legislative Review COlillLlittee for a report back to
the Mayor and Council.
PAVEMENT REHABILITA'rION OF 40TH STREE'r BE'rWEEN
KENDALL DRIVE AND ELECTRIC AVENUE - AUTHORIZATION
AND TRANSFER OF FUNDS
In a memorandum dated October l, 1986, Roger Hard-
grave, Director of Public Works/City Engineer, stated that
the preliminary estimate for this project was based upon a
"worst case" scenario, under which the concrete pavement
would be removed. $226,700 was allocated from SB 300
funds to cover the City's share of the total project cost.
The final estimate of the City's share is $101,528, which
leaves an estimated balance of $l25,l72, which would be
covered by a transfer of other funds to a new account for
widening 40th Street between Electric Avenue and Mt. View
Avenue. (S-3)
Council Member Quiel made a motion, seconded by
Council Member Marks and unanimously carried, that the
plans for the rehabilitation of pavement on 40th Street,
between Kendall Drive and Electric Avenue, in accordance
with Plan No. 7047, be approved; and the Director of Pub-
lic Works/City Engineer be authorized to advertise for
bids; that the transfer of $75,000 of SB 300 Funds from
Account No. 242-3b2-57316, to Accounts No. 001-402-56408,
00l-402-56401 and 00l-402-56402, in equal amounts of
$25,000 be approved; and that the transfer of $2S,000 in
General Funds from each of Accounts No. 00l-402-56408,
001-402-56401 and 001-402-56402, to Account No.
242-362-57374, "Widening 40th Street, Electric to Mt.
View" be approved.
ENGINEERING DIVISION - MICHAEL S. CURRY,
CONSTRUCTION INSPECTOR - TEMPORARY APPOINTMENT
In a memorandum dated October 2, 1986, Roger Hard-
grave, Director of Public Works/City Engineer, explained
the reasons for his request to appoint Michael S. Curry to
the position of Construction Inspector for a period of up
to six months. (S-4)
Council Member Quiel made a motion, seconded by
Council Member Reilly and unanimously carried, to approve
the temporary appointment of Michael S. Curry to the posi-
tion of Construction Inspector for a period not to exceed
six months, subject to the review and approval of the City
Attorney as to whether this action would conflict with the
MOU.
READING AND WAIVING OF AIL RESOLUTIONS ON THE
SUPPLEMENTAL AGENDA
City Clerk Clark read the titles of all the resolu-
tions on the Supplemental Agenda.
Council Member Marks made a motion, seconded by
Council Member Reilly and unanimously carried, that fur-
ther reading of all the resolutions on the Supplemental
Agenda be waived.
RES. 86-411 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A
FIRST AMENDMENT TO LEASE AGREEMENT WITH
ASSIGNMENT BETWEEN THE CITY OF SAN BERNAR-
DINO AND GTE LEASING CORPORATION FOR THE
INSTALLATION OF A NEW TELEPHONE SYSTEM. (S-5)
City Administrator SChweitzer answered questions
concerning the study which was to be submitted from GTE
concerning the benefit of fibre optics, microwave or
44
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leased lines and stated that he would have the study to
the Council on October 20, 1986.
Council Member Marks made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
Resolution No. 86-411 was adopted by the following
vote: Ayes: Council Members Reilly, Hernandez, Marks,
Quiel. Noes: None. Absent: Council Members Estrada,
Frazier, Strickler.
RES. 8b-412 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF TWO AGREEMENTS BETWEEN THE
HEADSTART/STATE PRESCHOOL DEPARTMENT OF
HOMAN RESOURCES AGENCY FOR SAN BERNARDINO
COUNTY AND THE PARKS, RECREATION AND COM-
MUNITY SERVICES DEPARTMENT OF THE CITY OF
SAN BERNARDINO RELATING TO THE HEADS TART
PROGRAM AT THE DELMANN HEIGHTS COMMUNITY
CENTER. (S-7)
Council Member Marks made a motion, seconded by
Council Member Reilly, that said Resolution be adopted.
Resolution No. 86-1l2 was adopted by the following
vote: Ayes: Council Members Reilly, Hernandez, Marks,
Quiel. Noes: None. Absent: Council Members Estrada,
Frazier, Strickler.
RESOLUTION OF THE CITY OF SAN BERNARDINO
SEEKING THE SUPPORT OF THE LEAGUE OF CALI-
FORNIA CITIES FOR LEGISLATION LIMI'rING
LIABILITY EXPOSURE FOR PARK AND RECREA-
TIONAL FACILITIES. (S-6)
Council Member Quiel made a motion, seconded by
Council Member Hernandez and unanimously carried, that
said resolution be continued to October 20, 1986, in the
Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California. (Reconsidered. See next item)
RECONSIDER ITEM S-6
Council Member Hernandez made a motion, seconded by
Council Member Reilly and unanimously carried, that Item
S-6, a resolution regarding support of the League of Cali-
fornia Cities for legislation limiting liability exposure
for park and recreational facilities, be reconsidered.
RESOLUTION OF THE CITY OF SAN BERNARDINO
SEEKING 'rHE SUPPOR'r OF THE LEAGUE OF CALI-
FORNIA CITIES FOR LEGISLATION LIMITING
LIABILITY EXPOSURE FOR PARK AND RECREA-
TIONAL FACILITIES. (S-6)
Council Member Hernandez made a motion, seconded by
Council Member Reilly and unanimously carried, that said
resolution be continued to 7:30 a.m., October 8, 1986, in
the Management Information Center (MIC), Sixth Floor, City
Hall, 300 North "D" Street, San Bernardino, California.
RES. 86-4l3 - RESOLUTION OF THE CITY OF SAN
BERNARDINO ESTABLISHING THE AMOUNT OF
SCHOOL FACILITIES FEES TO BE PAID TO THE
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
FOR EACH DWELLING UNIT WITHIN THE MUTUAL
BOUNDARIES OF THE CITY AND THE DISTRICT
PENDING FURTHER REVIEW. (S-8)
4S lO/6/86
Council Member Marks made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
Resolution No 86-413 was adopted by the following
vote: Ayes: Council Members Reilly, Hernandez, Marks,
Quiel. Noes: None. Absent: Council Members Estrada,
Frazier, Strickler.
RES. 86-4l4 - RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH GEOFFREY SCOTT WRIGHT TO
PEID'ORM CONSULTING SERVICES FOR THE PLAN-
NING DEPARTMENT. (S-9)
Council Member Marks made a motion, seconded by
Council Member Reilly, that said resolution be adopted.
Resolution No. 86-4l4 was
vote: Ayes: Council Members
Quiel. Noes: None. Absent:
Frazier, Strickler.
adopted
Reilly,
Council
by the following
Hernandez, Marks,
Members Estrada,
ORDINANCE OF 'rHE CI'rY OF SAN BERNARDINO FIRST
AMENDING CHAPTER 5.04 OF 'rHE SAN BERNARDINO
MUNICIPAL CODE RELATING TO BUSINESS LICENSE
RATE ADJUSTMENTS. (S-lO)
City Clerk Clark read the title of the ordinance.
Council Member Hernandez made a motion, seconded by
Council Member Marks and unanimously carried, that first
reading of the ordinance be waived and said ordinance be
laid over for final passage.
ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SAN BERNARDINO MUNICIPAL CODE
SECTION l5.57.040 SUBSECTION B RELATING TO
CULTURAL DEVELOPMENT FEES AND FIXING A DATE
UPON WHICH DEVELOPMENT PERMITS WILL BE
SUBJEC'r TO SUCH FEES AND DECLARING THE
URGENCY THEREOF. (S-ll)
Council Member Marks made a motion, seconded by
Council Member Reilly and unanimously carried, that said
ordinance be continued to 7:30 a.m., October 8, 1986, in
the Management Information Center (MIC), Sixth Floor, City
Hall, 300 North "D" Street, San Bernardino, California.
RESURFACING FIFTH STREET FROM MERIDIAN EAST
TO THE CUL-DE-SAC
In a memorandum dated October 6, 1986, Council Member
Hernandez presented a request to approve resurfacing of
Fifth Street from Meridian east to the cul-de-sac, and
attached a cost estimate for the project of $4,lOl from
Manuel P. Moreno, Jr., Director of Public Services.
(New Business)
Council Member Hernandez made a motion, seconded by
Council Member Marks and unanimously carried, to approve
the resurfacing of 5th Street from Meridian east to the
cul-de-sac.
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AMENDED
JOINT POWERS AGREEMENT ESTASLISHING HIGH-
LAND-DELMANN HEIGHTS QUALITY WATER SUPPLY
AUTHORITY. (New Business)
City Clerk Clark read the title of the resolution.
46
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Council Member Quiel made a motion, seconded by
Council Member Hernandez and unanimously carried, that
further reading of the resolution be waived.
Assistant City Attorney Sabourin answered questions.
Council Member Marks made a motion, seconded by
Council Member Hernandez and unanimously carried, that
said resolution be continued to 7:30 a.m., in the Manage-
ment Information Center (MIC), Sixth Floor, City Hall, 300
North "D" Street, San Bernardino, California.
ORD. MC-545 - ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING SAN BERNARDINO MUNICI-
PAL CODE SECTION 2.42.0l0 TO DELETE MEMBER
AFFILIATED WITH A CABLE TELEVISION OPERATOR
FROM THE MEMBERSHIP OF THE COMMUNITY TELE-
VISION COMMISSION, AND ADDING SECTION
2.42.030 TO PROVIDE FOR INDUSTRY NONVOTING
LIAISON PERSON.
(Continued from earlier in the meeting.
(33 )
See page 11)
Council Member Member ~Iarks made a motion, seconded
by Council Member Reilly and unanimously carried, that
said ordinance be adopted.
Ordinance MC- 545 was adopted by the following vote:
Ayes: Council Members Reilly, Hernandez, Marks, Quiel.
Noes: None. Absent: Council Members Estrada, Frazier,
StriCkler.
ADJOURNHENT
At lO:12 p.m., Council Member Marks made amotion,
seconded by Council Member Reilly and unanimously carried,
that the Meeting be adjourned to 7:30 a.m., October 8,
1986, in the Management Information Center (MIC), Sixth
Floor, City Hall, 300 North "D" Street, San Bernardino,
California.
A//#t0g~
/ City Clerk
Number of Items: 81
Number of Hours: 11
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