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HomeMy WebLinkAbout10-20-1986 Minutes City of San Bernardino, California October 20, 1986 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:03 a.m., on Monday, October 20, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCA'rION The Invocation was given by Reverend Michael Nolan of St. Theresa's Church. IN MEMORY - OLEN JONES A special prayer was given by Executive Assistant to the Council Arvizo in memory of Olen Jones, retired Execu- tive Assistant to the Council, who passed away on October l6, 1986. PLEDGE OF AlLEGIANCE The Pledge of Allegiance was led by Council Member Quiel. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor wilcox; Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler; Deputy City Attorney Wilson, City Clerk Clark, City Ad- ministrator Schweitzer. Absent: Council Member Marks. PROCLAMATION - RED RIBBON WEEK - OCTOBER 27 - NOVEMBER 3, 1986 Richard Bennecke, Administrative Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, proclaiming the week of October 27 - November 3, 1986, as Red Ribbon Week, during which the display of red ribbons will make a visible statement that the City of San Bernardino is strongly committed to win the war against drugs. Don Burnett, Police Chief, and Jeri Simpson, Director of San Bernardino Community Against Drugs, Inc. were pre- sent to accept the proclamation. COUNCIL MEMBER MARKS ARRIVED AT THE COUNCIL MEETING At 9:10 a.m., Council Member Marks arrived at the Council Meeting and took his place at the Council Table. COMMENDA'rION - MARYE MILES - SERVICE TO 'fHE CrfY Richard Bennecke, Administrative Assistant to the Mayor, read a commendation of the Mayor of the City of San Bernardino, commending Marye Miles for ten years of ser- vice to the City, particularly as a Parks and Recreation Commissioner. Marye Miles was present to accept her commendation. Mayor wilcox thanked the members of the Parks, Rec- reation and Community Services staff who were present, for their attendance and support of Marye Miles. SPECIAL OFFICER PERMITS - PROPOSED AMENDMENT - SECTIONS 5.12.l50 AND 5.l2.l60 OF MUNICIPAl CODE In a memorandum dated October lO, 1986, Donald Bur- nett, Chief of Police, requested that language in the San Bernardino Municipal Code requiring that the Chief of Police approve persons as Special Officers be deleted, which would remove the last sentence from Section 5.l2.l50 and the entire Section 5.12.160. (4) Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that the recommendation of the Chief of Police relative to the omission of certain language found in Sections 5.12.150 and 5.12.l60 of the San Bernardino Municipal Code with respect to Special Officer Permits, be referred to the Legislative Review Committee. GAMES OF AMUSEMENT PERMIT DISAPPROVAL - ANTHONY J. KEALOHA DBA HI SCORES UNLIMITED - l035 COLLEGE AVENUE, REDLANDS In a memorandum dated September 30, 1986, Donald Burnett, Chief of police, recommended the denial of a permit for Games of Amusement as requested by Anthony J. Kealoha. (5 ) Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that is- suance of a permit for Games of Amusement requested by Anthony J. Kealoha dba HI SCORES UNLIMITED, be disap- proved, and that notice of intention to deny the appli- cation be forwarded to the applicant by the City Clerk. GAMES OF AMUSEMENT PERMIT APPROVAL - ALLAN R. THOMAS - 94l GRAND AVENUE, COLTON In a memorandum dated September 30, 1986, Donald Burnett, Chief of Police, recommended approval of a Games of Amusement Permit application filed by Allan R. Thomas of 94l Grand Avenue, Colton. (6) Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that is- suance of a permit for Games of Amusement submitted by Allan R. Thomas, 941 Grand Avenue, Colton, California, be approved. SETTING PUBLIC HEARING - PARKS AND RECREATION DEPARTMENT FEES Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that a Public Hearing be set for November 3, 1986, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to consider adopting new fees and increasing other fees for the Department of Parks, Recreation and Community Services. (7) CLAIMS AND PAYROLLS Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, to approve demands against the City and authorize the issuance of warrants as follows: (8) l. Approve the register of demands dated: September 30, 1986 October 8, 1986 86/87 #5 8687 #6 $1,l22,764.26 806,969.02 2. Approve the total gross payroll for the period September 15, 1986 through September 28, 1986, in the amount of $l,325,365.2l. PERSONNEL ACTIONS Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that the Personnel Actions submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino, be approved: (9) 2 10/20/86 ApPOINTMENTS Police Department Dispatcher I - Effective October 21, 1986 Leo F. Dooley, Jr. Gregg Lee Wisdom James E. Hamlin TEMPORARY APPOINTMENTS Parks, Recreation and Community Services Recreation Aide/Part-Time - Effective October 2l, 1986 Rosa M. Raulston Margarita D. Serrano Frances Rosales - Kitchen Helper/Part-Time - Effective October 21, 1986 Alice Tellez - Senior Services Aide - Effective October 21, 1986 Christine A. Wells - Recreation Specialist/ Part-Time - Effective October 2l, 1986 Recreation Leader/Part-Time - Effective October 2l, 1986 David Ashe Michael Irons Dolores Mercado R. R. Hudsoncrawford Maria Medina Tammy Smith Senior Recreation Leader - Effective October 2l, 1986 Roselyn Anderson Jackqueline Mott Wava C. Hahn DeAnne L. pierson Public Services/Refuse Extra Relief Heavy Laborer - Effective October 4, 1986 Dennis K. Abdullah Michael Driver Rene C. Hinojosa Robert Mayoral Patrick E. Robinson Robert Stockling Jerry L. Zuniga Richard Aragon Edward Hernandez Manuel Huerta Dennis D. Moreno Robert Rodriquez Donald J. Vasquez PROMOTIONS Police Department From Junior Typist Clerk to Intermediate Typist Clerk - Effective October 2l, 1986 Carmen Sernal Denise R. Oliphant Esther G. Velascok Nance R. Karr Nancy B. Van Rossum Lorraine M. Meza - From Police Assistant to Identification Technician - Effective October 21, 1986 3 10/20/86 Public Works/Central Garage Robert J. Montague - From Equipment Mechanic to Equipment Mechanic Leadman - Effective October 21, 1986 APPROVAL OF MINUTES - SEP'rEi'lBER 22, 1986 Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the minutes of the Mayor and Common Council Meeting held Sep- tember 22, 1986, be approved as subHli tted in typewritten form and amended as follows: (l) Page 16 be amended to include the statement of City Engineer Roger Hardgrave that the grading plans for the Arrieta's property had been received in his office that morning, and that he was then ready to work on the plans (subject to listening to the tape of the Council Meeting for clarification) - (Further action was taken later in the meeting - Approval of the minutes was continued to November 3, 1986 - See Page 34) Page 31 be amended by expunging the "New Business" notation from the Stubblefield item; Page 36 be amended to include Council Member Reilly's statement that he owns stock in Coast Savings and Loan, which has a branch office in the Uptown Redevelopment Project area. APPROVAL OF MINUTES - OCTOBER 6, 1986 Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the minutes of the meeting of the Mayor and Common Council held October 6, 1986, be approved as submitted in type- written form and amended as follows: (2) Page 19 be amended to include a full presentation of Option C, including reference by the consultant and by presentation, concerning the possibility of lower con- struction quality with an open shop, and loss of benefits to workers and tax increment to government agencies; Page 36 be amended to include major, significant details of the settlement with the San Manuel Band of Mission Indians, as highlighted in the baCk-Up; and that the spelling of Sheila Kohrell be corrected. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. APPROVAl OF MINUTES - OCTOBER 8, 1986 Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the Mayor and COlMlon Council Meeting held Octo- ber 8, 1986, be approved as submitted in typewritten form and amended by interdelineation to read that Council Mem- ber Marks was present in the Executive Session until 10:00 a.m. (3) COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. 4 lO/20/86 READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all resolutions on the Agenda. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of all resolutions on the Agenda, be waived. RES. 86-4l8 - RESOLUTION OF THE CITY OF SAN BERNARDINO URGING THE ELECTORATE TO DEFEAT THE GANN INITIATIVE PROPOSI'rION 61. (10) Deputy City Attorney Wilson answered questions re- garding the legality of the City supporting a political action. Council Member Marks made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 86-4l8 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Strickler. Noes: Council Member Hernandez. Ab- sent: Council Member Frazier. RES. 86-4l9 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING SUBSTI- TUTION OF OUT-OF-STATE TRUSTEE AND AUTHO- RIZING CERTAIN ACTIONS IN CONNECTION WITH THE $9,350,000 CITY OF SAN BERNARDINO, CALIFORNIA, MULTIFAMILY HOUSING REVENUE BONDS (PUMALO PALMS PROGRAM - FANNIE MAE PROGRAM) SERIES 1985. (ll) Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 86-4l9 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, strickler. Noes: Council Member Marks. Absent: Council Member Frazier. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. RES. 86-420 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8 OF RESO- LUTION NO. 83-48 TO REQUIRE COMPATIBILITY OF STRUCTURES WITH THE SURROUNDING NEIGH- BORHOOD, AND 'ro AUTHORIZE 'rHE DEVELOPMENT REVIEW COMMITTEE TO DENY AN APPLICATION FOR DEVELOPMENT. (12) Deputy City Attorney Wilson answered questions re- garding the appeal of decisions of the Development Review Committee to the full Council. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-420 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: 5 lO/20/8G RES. 86-421 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFOID.IA, DECLARING ITS INTENTION TO REFUND ALL OUTSTANDING BONDS OF THE $13,400,000 CITY OF SAN BERNARDINO IM- PROVEMENT BONDS, ASSESMENT DISTRICT NO. 961, SERIES 1985 (PARK CENTRE), PURSUANT TO THE REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT Iter BONDS. (13 ) City Engineer Hardgrave answered questions regarding Assessment District Bonds. Discussion was held concerning the developer receiv- ing windfall profits on the refinancing, and negotiated benefits for the City. Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that said resolution be adopted. Resolution No. 86-421 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. PUBLIC HEARING SET - REFUNDING OUTSTANDING BONDS - ASSESSMENT DISTRICT 961 - PARK CENTRE Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that a Public Hearing concerning the refunding of all outstanding bonds of the $l3,400,000 City of San Bernardino, Improve- ment Bonds, Assessment District No. 961, Series 1985 (Park Centre), pursuant to the Refunding Act of 1984 for 1915 Improvement Act Bonds, be set for December 8, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 86-422 - RESOLUTION OF THE MAYOR M.D COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, APPROVING CERTAIN PRO- POSALS AND AGREEMENTS (BOND COUNSEL AND UNDERWRITER). (14) Council Member Marks made a motion, seconded by Council Member StriCkler and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-422 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 86-423 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO CALIFORNIA, APPROVING A CERTAIN PRO- POSAL AND AGREEMENT (CONSULTING ENGINE- ER). (l5) Council Member 11arks made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-423 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: 6 lO/20/86 RES. 86-424 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CI'rY OF SAN BERNARDINO FOR THE cos'rs OF THE ABATEMENT OF A PUBLIC NUISANCE. (1348 W. FH'TH STREET, 1996 NOR'rH "E" STREET, 650 NORTH "F" STREET, 750 NORTH "G" s'rREE'r, 1548 NOR'rH M'T. VERNON AVENUE, 1347 1/2 WEST OAK STREET, 3048 NORTH PICO). (16) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-424 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 86-425 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO.4 TO THE OPERATING AGREE- MENT WITH THE STATE OF CALIFORNIA FOR THE SECCOMBE LAKE STATE URBAN RECREATION AREA. (l7) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-425 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 86-426 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOL UT ION NO. 6413 ENTI'rLED IN PhRT "RESOLUTION ESTABLISHING A BASIC COMPENSATION PLAN" AND PROVIDING A $.25 CENTS AN HOUR IN- CREASE FOR THE PART-TIME CLASSES OF SECUR- ITY OFFICER AND SENIOR SECURITY OFFICER. (l8) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. Resolution No. 86-426 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 86-427 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AND RATIFYING A THIRD AMENDMENT TO LEASE WITH WILLIE CLARK RELATING TO PRE- MISES LOCATED AT 2656 WEST FOOTHILL BOULE- VARD TO EXTEND THE TERM FOR ONE ADDITIONAL YEAR, EFFECTIVE JULY l, 1986. (l9) Council Member Frazier stated that he would abstain from this item, as the church with which he is affiliated, is located within the facility involved. Discussion was held concerning a report dated October 7, 1986, from Donald Burnett, Chief of Police, which states that a review of the facilities at Nicholson Park as a possible site for the Police Community Service Office 7 lO/20/86 currently located at 2656 W. Foothill Blvd., found that the space available at Nicholson Park Center is inadequate in size to accommodate staff and to properly service citi- zens. It was suggested that this site be used as a sup- plemental to the Foothill Blvd. community Service Office. Discussion was also held concerning a memorandum dated September 18, 1986, from Police Lieutenant Alvarez, which states that statistics have proven that citizens will not walk into a recreation/park center to discuss problems or to provide information. Council Member Hernandez made a motion, seconded by Council Member Marks, that said resolution be adopted with an amendment to include a rent increase, and rental be continued on a month-to-month basis; that the Police De- partment document to the Council the effectiveness of the center, and report on the calculation of the statistics in Lt. Alvarez' memorandum dated September l8, 1986. Resolution No. 86-427 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: None. Abstain: Council Member Frazier. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING CI'l'Y PERSONNEL ACCESS TO CRI- MINAL INFORMATION HISTORY NEEDED TO EVALU- ATE PROSPECTIVE EMPLOYEES' ELIGIBILITY FOR EMPLOYMENT, CERTIFICATION OR LICENSING DUTIES. (20) City Administrator Schweitzer answered questions concerning the staff report. Deputy City Attorney Wilson discussed the possibility that this item be pulled from the Agenda, in order to study its impact on the Personnel Department. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be continued to the Regular Meeting of the Mayor and Common Council to be held November 3, 1986 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and be referred to the City Attorney for study. RES. 86-428 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED IN PART "A RESOLUTION ... ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS OR ALLEYS, OR PORTIONS THEREOF..."; AND IMPOSING A 2- HOUR PARKING LIMITATION AT THE NORMAN F. FELDHEYM CENTRAL LIBRARY. (21) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-428 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: 8 10/20/86 RES. 86-429 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLU'J.'ION NO. 3985 ENTITLED IN PART "A RESOLUTION... PROHIBITING PARKING UPON CERTAIN DESIG- NATED S'rREETS OR PORTIONS THEREOF..."; AND AUTHORIZING THE INS'rALLATION OF NO PARKING ZONES ON BOTH SIDES OF FIFTH STREET BE- TWEEN GARNER AND "J" STREE'rS. (22) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-429 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 86-430 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF HARRI- MAN PLACE, EAST OF HOSPITALITY LANE, AND RESERVING PUBLIC UTILITY EASEMENTS THERE- ON. (23) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-430 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that Plan No. 707l, for the vacation of a portion of Harriman Place, east of Hospitality Lane, be approved, and that the City Engineer and City Clerk be authorized to proceed. RES. 86-43l - A RESOLUTION OF THE CITY OF SAN BERNARDINO CHANGING THE NAME OF MUS- COTT STREET, BETWEEN FIFTH STREET AND CAJON BOULEVARD, TO MEDICAL CENTER DRIVE, WITHIN THE CORPORATION LIMITS OF THE CITY OF SAN BERNARDINO. (24) Council Member Frazier made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 86-43l was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernan- dez. Absent: None. RES. 86-432 - A RESOLUTION OF THE CI'rY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE 0],' A PERMANENT EASEMENT DEED FROM THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA FOR LANDSCAPING PURPOSES CON- CERNING PROPERTY GENERALLY LOCATED ADJA- CENT TO AND SOUTHEASTERLY OF PINE AVENUE, SOUTH OF BELMONT AVENUE. (25) Council Member Marks made a motion, Council Member Quiel and unanimously carried, lution be adopted. seconded by said reso- 9 lO/20/86 Resolution No. 86-432 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, strickler. Noes: None. Absent: None. RES. 86-433 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO REFUSE CONTAINER SERVICE FOR THE FURNISHING AND DELIVERY OF ROLL-OFF AND CONTAINERS CON- SISTING OF: CATEGORY I - 5 EACH - 30 CUBIC YARD ROLL-OFF, CATEGORY II - lOO EACH - 3 CUBIC YARD REFUSE CONTAINERS TO BE UTILIZED BY THE PUBLIC SERVICES/REFUSE DEPARTMENT IN ACCORDANCE WITH SPECIFI- CATION NO. F-87-7. (26) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. Resolution No. 86-433 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 86-434 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO UNIVERSAL MACK FOR THE FURNISHING AND DELIVERY OF ONE REFUSE BIN HANDLING TRUCK TO BE UTI- LIZED BY THE PUBLIC SERVICES/REFUSE DE- PARTMENT IN ACCORDANCE WITH BID SPECIFI- CATION F-87-5. (27) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. Resolution No. 86-434 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of the ordinances on the Agenda. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the ordinances be waived. ORD. MC-547 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION lO.16.150 OF THE SAN BERNARDINO MUNICIPAL CODE TO AU- THORIZE APPROVED VOLUN'fEERS TO ISSUE NO- TICES OF PARKING VIOLATIONS TO VEHICLES ILLEGALLY PARKED IN DISABLED OR PHYSICALLY HANDICAPPED PARKING SPACES. (Blue Crew) FINAL (29) Council Member Marks made a motion, seconded by Council Member Estrada, that said ordinance be adopted. Ordinance MC-547 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Frazier, Strickler. Noes: Council Members Hernandez, Quiel. Absent: None. ORD. MC-548 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 5.04 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO BUSINESS LICENSE RATE ADJUSTMENTS. FINAL (30) lO 10/20/86 I I Council Member Marks made a motion; seconded by Council Member Hernandez and unanimously carried, that said ordinance be adopted. Ordinance ~1C-548 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 19.49 TO 'rHE SAN BERNARDINO MUNICIPAL CODE PROVIDING FOR THE MAINTE- NANCE AND ENFORCEMEN'r OF ON-SI'l'E LAND- SCAPING. FIRST (3l) Planning Director Schuma answered questions regarding the practices of other cities concerning maintenance and enforcement of on-site landscaping. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be continued to the Regular Meeting of the Mayor and Common Council to be held November 3, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.12 OF THE SAN BERNAR- DINO MUNICIPAL CODe PERTAINING TO MULTIPLE FAMILY RESIDENTIAL DISTRICT. (Final) (28) Attorney Bob Holcomb, representing a developer, stated that his client has spent $50,000 in architectural plans in reliance of the existing ordinance, and requested that the Council adopt some sort of transition rules to protect those who are well into the planning process. Planning Director Schuma answered questions regarding the Planning Department's practice. Once a plan has been submitted for review, the developer then has one year to complete the process under the ordinance that was in effect at the time the plans were submitted. If the pro- cess is not completed within one year, the project must conform to the new ordinance. Planning Director Schuma stated that a draft ordi- nance is being prepared which will change the past Plan- ning Department practice. Under the proposed ordinance, a project must have been approved by the Development Review Committee in order to remain under ordinances in effect at the time the plans were submitted. Deputy City Attorney Wilson answered questions con- cerning the effects of the adoption of the ordinance pre- sented for final reading. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that said ordinance be adopted. (Action later reconsidered) Attorney Bob Holcomb requested that the public be given an opportunity for input on this item, that a tran- sition rule be incorporated into the ordinance, and that it then be adopted as an urgency ordinance. Deputy City Attorney Cynthia Grace pointed out that the ordinance just adopted is silent on transition, so the courts would apply the Common Law Vesting Rule, which states that the project is not vested until construction begins. 11 10/20/86 Council Member Quiel made a motion, seconded by Council Member Marks, that the ordinance pertaining to multiple family residential districts, be reconsidered. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. council Member Marks made a motion, seconded by Council Member Reilly, that the ordinance be continued to the afternoon session of the meeting, and that staff be prepared with alternatives for transition rules, including Common Law Vesting and the point of view of the Legisla- tive Review Committee, and that any forms of the ordinance be presented. (See Page 24) The motion carried Council Members Estrada, Strickler. Noes: None. Member Hernandez. by the Reilly, Absent: following vote: Ayes: Marks, Quiel, Frazier, None. Abstain: Council VISITING STUDENTS - MONTEREY ELEMENTARY SCHOOL Mayor Wilcox welcomed students of Monterey Elementary School, who were present in the audience to experience the process of City government. NEW TELEPHONE SYSTEM FOR CITY HALL - REPORT FROM CITY ADMINISTRATOR - COST EFFECTIVENESS - MICROWAVE OR FIBRE OPTICS - CONTINUED FROM OCTOBER 6, 1986 In a memorandum dated October 15, 1986, City Admini- strator Schweitzer provided a "Site Connection Analysis" received from Communication Resources Company, Inc., the City's telephone consultant, regarding the use of other vehicles for transmission of voice communication, rather than telephone company cabling. (42) Jerry Supernaw, a representative of Communication Resources Company, Inc., was present to answer questions regarding cost studies on alternative vehicles of voice communication. Executive Assistant to the Council Arvizo requested information regarding the cost of the use of fibre optics. Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that the report presented by CRC relative to the cost effectiveness of using microwave or fibre optics for voice communi- cation, be received and filed; that the City Administrator and staff lay fibre optics when the opportunity avails itself, to save money in the future; and that for future use, the City install "dark" (unused) fiber cable in con- junction with the trenching or installation of any other cable or conduit to City facilities. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 18.40.160 SUBSECTION C OF THE SAN BERNARDINO MUNICIPAL CODE REGARD- ING EXEMPTION FROM THE TWO STANDARD ACCESS ROUTE REQUIREMENT FOR SUBDIVISIONS WITHIN THE HIGH FIRE HAZARD AREA, PROCEDURES FOR EXEMPTION INVESTIGATION AND OTHER REQUIRE- MENTS THEREFOR AND REPEALING SUBSECTION E OF SECTION 18.40.160. (32a) Council Member Marks made a motion, seconded by Council Member Quiel, that the ordinance be continued to the afternoon session of the meeting in order to include an urgency clause. 12 10/20/86 The motion carried by the following vote: Ayes: Council Members Estrada; Reilly; Marks, Quiel; Frazier, Strickler. Noes: Council Members Hernandez. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.34.030 SUBSECTION H OF THE SAN BERNARDINO MUNICIPAL CODE AUTHORI- ZING THE POLICE COMMISSION TO CONDUCT HEARINGS. FIRST (33) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final reading. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMEND- ING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-12, GENERALLY LO- CATED AT THE NORTHEAST CORNER OF 4TH STREET AND LUGO AVENUE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. FIRST (34) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final reading. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.150 OF THE SAN BER- NARDINO MUNICIPAL CODE TO DECREASE ADOP- TION FEES FOR DOGS AND CATS. FIRST (3:;) Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final reading. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.56.020 OF THE SAN BERNARDINO MUNICIPAL CODE CONCERNING THE REQUIREMENT OF GARAGES AND CARPORTS WHEN A STRUCTURE IS TO BE REHASILITATED. FIRST (36) Deputy City Attorney Wilson answered questions re- garding Line 14 of the proposed ordinance concerning the requirement that the garage or carport shall accommodate not less than the same number of automobiles as the origi- nal structure. Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, that said ordinance be laid over and amended by interdelinea- tion on Line l4 to add the stipulation that the garage or carport shall accommodate not less than the same number of automobiles as the original structure. STORM DRAINAGE FEES - TRACT 10979 - EAST OF PINE AND NORTH OF IRVINGTON AVENUES - FORECAST CORPORATION - CONTINUED FROM OCTOBER 6, 1986 This is the time and place continued to for a public hearing to consider a Request for waiver from Storm Drain- age Fees by Forecast Corporation for Tract No. l0979 located east of pine and north of Irvington Avenues. (3"1) Discussion was held concerning back-up information regarding the Request for Waiver from Storm Drainage Fees. l3 lO/20/86 council Member Quiel made a motion; seconded by Council l'Jember Marks and unanimously carried, that the hearing concerning Request for Waiver from Storm Drainage Fees by Forecast corporation for Tract No. l0979 located east of pine and north of Irvington Avenues, be continued until the Regular Meeting of the Mayor and Common Council of the city of San Bernardino to be held November 3, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ASSESSMENT BERNARDINO PAYMENT OF 6, 1986 Planning Director Schuma requested that Assessment District No. 972 be continued, for more information to be compiled. DISTRIC'r NO. 972 - NOR'rHlVEST SAN - REPORT FROM CITY ADMINISTRATOR - ASSESSMENTS - CON'rINUED FROM OCTOBER discussion of to allow time (40 ) Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the report regarding the payment of assessments for Assessment District No. 972 located in northwest San Bernardino, be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held November 3, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBERS ESTRADA AND MARKS EXCUSED Council Members Estrada and Marks left the Council Meeting. PARCEL MAP NO. 9939 - SOUTHEAST CORNER OF HUFF STREET AND ARROWHEAD AVENUE - REQUEST FOR WAIVER OF CER'rAIN CONDITIONS - JOHN DAY OF ARROWHEAD-HUFF COMPANY This is the time and place set for a hearing to con- sider a Request for Waiver of Certain Conditions received from John Day of the Arrowhead-Huff Company, concerning Parcel Map No. 9939 located at the southeast corner of Huff Street and Arrowhead Avenue. (38) Mayor Wilcox opened the hearing. John Day, General Partner of the Arrowhead-Huff Com- pany, provided background information concerning the Re- quest for Waiver of Certain Conditions. Roger Hardgrave, City Engineer, answered questions regarding the recording of the parcel map and bonding of conditions. C. L. Farrell, attorney with the firm Fullerton and Lemann, representing the proposed buyer of property owned by the Arrowhead-Huff Company, stated that a condition of the sale of the property is that the seller will provide any necessary bonds, and that the sale must be completed within a month in order for the buyer to be interested in the purchase. City Engineer Hardgrave stated that the formation of an assessment district would take at least eight weeks. C. L. Farrell, attorney, stated that the proposed buyer, New West, employs approximately twenty people. Council Hember Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the Request for Waiver of Certain Conditions regarding Parcel Map No. 9939, be continued to the afternoon session of the meeting at 3:00 p.m. l4 lO/20/86 COUNCIL MEMBERS ESTRADA AND MARKS RETURNED Council Members Estrada and Marks returned to the Council Meeting and took their places at the Council Table. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. 1986/87 COM~IUNITY DEVELOPMEN'r BLOCK GRANT SUPPLEMENTAL FUNDING PROGRAM MIX REPORT - PROJECT 770 (FY 84/85) - CENSUS TRACT' 42 - CONTINUED FROM OCTOBER 6, 1986 This is the time and place continued to for a report from the Director of Community Development concerning the source of monies for Project No. 770 (FT 84/85), Census Tract 42, regarding engineering, grading, etc. (39) Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that the report from the Director of Community Development concern- ing the source of monies for project 770 (FY 84/85): Cen- sus Tract 42, regarding engineering, grading, etc. be referred to the Ways and Means Committee. CEN'fRAL CITY MALL MAINTENANCE CONTRACT - GIBSON BROS. - REPORT FROM SUPERINTENDENT OF PUBLIC BUILDINGS - CONTINUED FROM OCTOBER 6, 1986 This is the time and place continued to for a report from the Superintendent of Public Buildings concerning a proposed maintenance contract with Gibson Bros. regarding the Central City Mall. (4l) Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that the report from the Superintendent of Public Buildings regard- ing a proposed maintenance contract with Gibson Bros. regarding the Central City Mall, be continued to the Regu- lar Meeting of the Mayor and Common Council of the City of San Bernardino, to be held November 3, 1986, in the Coun- cil Chambers of City Hall, 300 North "D" Street, San Ber- nardino, California. 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. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. PREVAILING WAGE RATE STUDY In a memorandum dated October 14, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, provided a study regarding payment of prevailing wage rates, includ- ing background information, compromise negotiations and staff's analysis. (R-2 & RS-l) A committee of Council Members Quiel, Marks and Estrada met with representatives of labor and business to try to find some middle ground. The Council discussed the meetings held with the Council Members, labor and business representatives and City and Redevelopment Agency staff, to negotiate a com- promise regarding prevailing wage rates. 15 10/20/86 l The following recommendations were discussed: a five-year moratorium on the Prevailing Wage Rate Policy where not required by State and Federal statute, with an evaluation being made within three to five years; pre- vailing wage rates applying to off-site improvements and to all projects not mandated by state and federal statutes where the total project cost exceeds $1.2 million; and enforcement, including complete contract compliance of contracts based upon requirements set by state statutes. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions concerning off-site improvement projects. City Clerk Clark read in full the proposed Community Development Commission resolution, which governs the es- tablishment of a policy that prevailing wage clauses shall not be included in contracts and agreements of the Rede- velopment Agency of the City of San Bernardino, except when required by State or Federal law, and the direction of vigorous enforcement upon bona fide complaint of pre- vailing wage provisions when required by State or Federal law. (Action taken on Community Development Commission/ Redevelopment Agency item noted in Minutes of the Redeve- lopment Agency.) 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 DIRECTING VIGOR- OUS ENFORCEMENT UPON BONA FIDE COMPLAINT OF PREVAILING WAGE PROVISIONS WHEN RE- QUIRED BY STATE OR FEDERAL LAW; AND RE- PEALING RESOLUTION NUMBER 12846. (RS-lb) City Clerk Clark read the title of the resolution. Resolution No. 12846 requires the payment of pre- vailing wages on contracts for all public projects within the City, except for maintenance work. Roger Hardgrave, City Engineer, answered questions, stating that he feels the City has a good program as it applies to requiring prevailing wages for Public Works off-site projects and that it should not be changed. It was reported that the City could save $100,000 per year on contracts if prevailing wage requirements were waived. Council Member Quiel thanked the unions and the busi- ness community for their participation and time spent in negotiations. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the existing policy of paying prevailing wages on City off- site improvements, Resolution 12846, be reaffirmed. Council Member Marks made a motion, seconded by Coun- cil Member Hernandez and unanimously carried, that the resolution of the City of San Bernardino considered as Agenda Item RS-lb regarding prevailing wage, be tabled. RECESS MEETING At 11:58 a.m., Council Member Estrada made a motion, seconded by Council Member Hernandez and unanimously car- ried, that the meeting be recessed until 2:00 p.m. in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 16 10/20/86 RECONVENE MEETING At 2: 06 p. m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler; Deputy City Attorney Wilson, City Clerk Clark, City Ad- ministrator Schweitzer. Absent: Council Member Quiel. APPEAL HEARING - PLANNING COMMISSION'S DENIAl OF VARIANCE NO. 85-24 - EL DORADO BANK - STEPHEN MC CARTY - 172l NORTH CONEJO DRIVE - CONTINUED FROM OCTOBER 6, 1986 This is the time and place continued to for an appeal hearing concerning the Planning Commission's decision to deny Variance No. 85-24 to waive section 19.12.060 of the San Bernardino Municipal Code, which would allow an en- croachment into a setback area in the R-3-l200 Multiple Family Residential District, filed by El Dorado Bank, on property located at 1721 North Conejo Drive. (50) Mayor wilcox opened the hearing. Planning Director Schuma answered questions concern- ing a meeting held with property owners. Charles Schultz, attorney with Reid & Hellyer, repre- senting El Dorado Bank, stated that an agreement had been arranged between the City, the neighbors, the owner and El Dorado Bank, but that the City Attorney's requirement of an indemnification agreement would nullify their accep- tance of the agreement. Tina Gonzales, l556 East l7th Street, spoke on behalf of the neighborhood, and stated that as a citizen of the City of San Bernardino, a change should be made in the agreement if the City could be held liable. Council Member Reilly made a motion, after thanking everyone involved for their work in negotiations, seconded by Council Member Hernandez and unanimously carried, that the hearing be closed, and that the recommendation of the Planning Commission for denial of the variance, be af- firmed. PRo'rEs'r HEARING - VACATION OF l7TH STREET, EAST OF CONEJO DRIVE - CONTINUED FROM OCTOBER 6, 1986 This is the time and place continued to for a protest hearing concerning the vacation of 17th Street, east of Conejo Drive. (5l) Mayor wilcox opened the hearing. Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that the hearing be closed, and that the proceedings to vacate 17th Street east of Conejo Drive, be terminated. Council Member Reilly requested that the record re- flect that it would be possible to reconsider vacation of the street if it becomes feasible within a reasonable length of time. 17 10/20/86 Deputy city Attorney Wilson answered questions re- garding the abatement process, which will go into effect as result of the actions just taken, and stated that any further answer to an appeal should be limited to the in- troduction of new business. COUNCIL MEMBER QUIEL ARRIVED At 2:20 p.m., Council Member Quiel arrived at the Council Meeting and took his place at the Council Table. COUNCIL MEMBER FRAZIER EXCUSED Council Hernber Frazier left the Council Meeting. VERDEMONT AREA PLAN - CHANGE OF ZONE 86-l5 - CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT - CONTINUED FROM OCTOBER 6, 1986 This is the time and place continued to for consi- deration of Certification of the Final Environmental Im- pact Report for the Verdemont Area Plan and Change of Zone 86-l5. (52) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 19 OF THE SAN BERNARDINO MUNICIPAL CODE TO CREA'rE THE R-1-40 ACRE AND THE PF PUBLIC FACILITIES ZONES AND ESTABLISHING REGULATIONS FOR THEIR USE. FIRST (52) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that upon the request of the people of the Verdemont area, said ordinance be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held November l7, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL HEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. GENERAL PLAN AMENDMENT 86-4 - NORTH AND SOUTH OF BASE LINE STREET - (LYTLE CREEK WASH AREA) - NEIL FISHER - WILLARD C. SCHADE - CONTINUED FROM OCTOBER 6, 1986 This is the time and place continued to for consi- deration of General Plan Amendment No. 86-4, located in the Lytle Creek Wash area, north and south of Base Line Street, east of the City of Rialto, Applicant Neil Fisher, Owner Willard C. Schade. (53) Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that the responses to comments and adoption of the Negative Dec- laration for environmental impact, which has been reviewed and considered, be approved; and that the findings and recommendations for approval of General Plan Amendment 86-4 of the Planning Commission, be approved. RES. 86-435 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE NEGATIVE DECLARATION AS TO ENVIRONMENTAL IMPACT AND ADOPTING AMENDMENT NO. 86-4 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO (GENE- RAL PLAN LAND USE ELEMENT). (53) City Clerk Clark read the title of the resolution. 18 10/20/86 council Member Frazier made a motion; seconded by Council Member strickler and unanimously carried; that further reading of the resolution be waived and that said resolution be adopted. vote: Marks, Member Resolution No. 86-435 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place to the Council Table. PARCEL MAP 10104 - EAST SIDE OF PENNSYLVANIA AVENUE - NORTH OF BASE LINE STREET - CONTINUED FROM SEPTEMBER 8, 1986 This is the time and place continued to for discus- sion as requested by the Planning Commission, regarding Parcel Map No. 10l04, east side of pennsylvania Avenue, approximately 344 feet north of the centerline of Base Line Street. (54) Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that discus- sion of Parcel Map 10l04, concerning the east side of Pennsylvania Avenue, north of Base Line Street, be tabled, as it has been scheduled to be heard by the Planning Com- mission. HORINE PARK - WATERMAN AVENUE AIR STRIPPING TOWERS - NEGATIVE DECLARATION FOR ENVIRONMENTAL IMPACT In a memorandum dated October 8, 1986, Planning Director Schuma presented the recommendation of the Environmental Review Committee concerning the construction of an air stripping facility at the Waterman Reservoir, located at Horine Park, north of 30th Street, west of Waterman Avenue, south of Edgemont Drive and east of Leroy Street, to treat contaminated groundwater. (55) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the Negative Declaration for environmental impact for the Waterman Air Stripping Project be adopted, subject to the following mitigation measures: The booster pumps shall be enclosed in a structure to reduce the impacts from noise, which will allow continued use of the picnic area and tot lot adjacent to the pro- posed towers; Periodic testing of the water shall be done after chlorine has been added and after the water is aerated through this system, to ensure that the chlorine added does not increase the level of trihalomethanes in the water. CHANGE OF ZONE 86-l6 - EAST OF CENTERLINE OF DALLAS STREET - NORTH OF FOOTHILL BLVD. - JOHN SEXTON - JAMES WHI'rE In a memorandum dated October l3, 1986, Planning Director Schuma stated that an application had been re- ceived by John Sexton for a change of zone from R-l-7200, Single-Family Residential to C-3A, Limited General Com- mercial, for property owned by James White, and located approximately 255 feet east of the centerline of Dallas Street, north of Foothill Blvd., in the westerly portion of the City. (56) 19 10/20/86 council Member Hernandez made a motion; seconded by Council Member Marks and unanimously carried, that the findings and recornnendation of the Planning Commission for denial of Change of Zone 86-l6, be approved. CHANGE OF ZONE 86-2l - SOUTH SIDE OF 48TH s'rREET - WEST OF CEN'fERLINE OF LEROY STREET - GILBERT RODRIGUEZ In a memorandum dated October 13, 1986, Planning Director Schuma stated that an application had been re- ceived from Gilbert Rodriguez, requesting a change of zone of approximately .15 acre located on the south side of 48th Street, approximately 230 feet west of the centerline of Leroy Street, from C-l, Neighborhood Commercial, to R-l-7200, Single-Family Residential. (57) Planning Director Schuma answered questions concern- ing the location of the change of zone in relation to the restaurant Le Rendevous, and assured the Council that the change would not affect the restaurant. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the responses to comments and adoption of the Negative Dec- laration for environmental impact, which has been reviewed and considered, be approved; that the findings and recom- mendation of the Planning Commission to approve Change of Zone 86-21, be approved; and that the City Attorney be directed to prepare the necessary amendments to the zoning ordinance. CHANGE OF ZONE 86-20 - SOUTH SIDE OF EVANS STREET - EAST OF CENTERLINE OF WATERMAN AVENUE - MARK B. SHAW CO., INC. In a memorandum dated October l3, 1986, Planning Director Schuma stated that an application had been re- ceived from Mark B. Shaw Co., Inc. for a change of zone of 2.09 acres located on the south side of Evans Street, approximately 194 feet east of the centerline of Waterman Avenue, from R-1-7200, Single-Family Residential, to A-P, Administrative Professional. (58) A representative from Mark B. Shaw Co., Inc. was present to answer any questions. Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that the responses to comments and adoption of the Negative Declar- ation for environmental impact, which has been reviewed and considered, be approved. Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that the findings and recommendation of the Planning Cornnission, be approved, and that the City Attorney be directed to pre- pare the necessary amendments to the Zoning Ordinance. CONDITIONAL USE PERMIT NOS. 86-28 AND 86-33 - MOVE-ONS - 2130 AND 2138 W. LINCOLN STREET In a memorandum dated October 13, 1986, Planning Director Schuma stated that an application had been re- ceived from William Adams for a conditional use permit to permit the moving of two existing single-family structures presently located at 26470 Millar Street and 26432 Rainbow Lane, Highland, California, to 2130 and 2138 W. Lincoln Street, San Bernardino, approximately .57 acre located in the R-1-7200, Sing le-Family Residential Zone. (59) 20 lO/20/86 william Adams; ap~licant for the conditional use per~ mi ts; was present to answer questions concerning the amount of time and money already invested into the move- ment of the houses, and the condition of the move-ons. He stated that his present home is up for sale and that he intends to move into one of the homes being relocated. Discussion was held concerning the number of and the condition of current move-on projects on the West Side of the City, and the Council's committment to improving the economic base of that area. Max Concrite, an Elsinore resident and partner of Williams Adams, stated that his present home is up for sale and that he also intends to move into one of the homes being relocated. Discussion was held concerning the Council not ap- proving any further move-ons until a majority of the existing move-on projects are completed. Planning Director Schurna answered questions concern- ing the requirement of a cash deposit in the amount neces- sary to relocate structures. He stated that the Planning Department staff recommended denial of the conditional use permits. Deputy City Attorney Wilson answered questions re- garding the overriding of decisions of the Planning Com- mission. Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that the City Attorney incorporate the Findings of Fact of staff, and the Findings of Fact enumerated from this debate, and find sufficient cause to deny Conditional Use Permits Nos. 86-28 and 86-33. The Mayor and Common Council discussed the possibi- lity of reconsideration of said conditional use permits after some of the move-on projects, which are currently in process, are completed. APPEAL HEARING - REVOCATION OF COUNTY VARIANCE NO. 215-67 BY PLANNING COMMISSION - l870 STATE STREET - ROBERT G. KOCH, JR. - LUTHER EARL CROCKER - NINA ROBERSON This is the time and place set for an appeal hearing concerning the decision of the Planning Commission on September l6, 1986, to revoke County Variance No. 2l5-67, which permitted a machine and welding shop to assemble small trailers for hauling ready mix cement on property consisting of approximately .87 acre located at l870 State Street, based upon noncompliance with conditions of ap- proval, and thereby giving the operator until December 3l, 1986, to remove all equipment and machinery from the site. (60) Planning Director Schuma summarized the stipulations of the variance under which the business had been opera- ting, and presented a petition bearing 37 names of neigh- bors to the business in question, who agree with the City Planning Commission's decision to revoke the San Bernar- dino County Variance 2l5-67. Mayor wilcox opened the hearing. 2l lO/20/86 Ed palmer; attorney with Koch and palmer; Rialto; representing the landowner and leasee of the property; stated that the business located at 1870 State Street, has been in operation for approximately l4 years. He stated that an issue used in the Planning Commission's decision was the noise factor, and that the previous noise level test was verformed approximately 12 years ago, at which time the business was not found to be in violation of any code. Nina Roberson, property owner, stated that the vari- ance was on the property when she purchased it, and that said property has been leased to Labor Contractors for 14 years. Discussion was held concerning complaints from neigh- bors of the business regarding noise, and the willingness of the City to help in whatever way it can assist Labor Contractors to relocate. Deputy City Attorney Wilson answered questions re- garding the decision of the Planning Commission, and the support of a sound study. Deputy City Attorney Grace stated that a noise study was done by the County Environmental Health Department in the 1970s, using OSHA standards. OSHA standards are to protect workers, and the City's concerns are for the neighborhood. Ed Palmer, attorney for the property owner and leasee, answered questions, stating that Labor Contractors was on a five-year lease, which expired, and they are cur- rently renting the property on a month-to-month basis. Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, that the decision of the Planning Commission to revoke San Bernar- dino County Variance No. 2l5-67, be affirmed. REVIEW OF PLANS - SINGLE-FAMILY DWELLINGS - FOOTHILL AREA - CONTINUED FROM OCTOBER 6, 1986 This is the time and place continued to for consi- deration of the requirement of review of plans for single- family dwellings in the foothill area to ensure compati- bility of such development and improvements with existing surrounding single-family residences; the preservation of mountain and valley views for existing and future resi- dences; and the protection of values of such residences. (61 & 62) ORDINANCE OF THE CITY OF SAN BERNARDINO REQUIRING A REVIEW OF PLANS FOR SINGLE FAMILY DWELLINGS WITHIN THE FOOTHILL AREA. (First) (61) RESOLUTION OF THE CITY OF SAN BERNARDINO RELATING TO REVIEW OF PLANS FOR SINGLE- FAMILY DWELLINGS WITHIN THE FOOTHILL AREA. (62) Dr. Sidhu, homeowner at 4200 Camellia Drive, spoke regarding the concerns of residents who have view sites and the protection of their views. Discussion was held concerning an amendment to the proposed ordinance regarding the denial of building per- mits. W. R. Flores, property owner, spoke concerning the rights of property owners. 22 lO/20/86 Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the matter concerning the review of plans for single-family dwellings within the foothill area, be continued to the Regular Meeting of the Mayor and Common Council to be held November 3, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California; and that the City Attorney be directed to amend the ordinance to provide that notice be given to adjoining property owners within 500 feet; that review of plans is triggered upon submittal of plans for two-story structures, and that the description of the foothill area include north of 40th Street, from Boulder Avenue to the western City limits. Council Member Marks made a motion that the City Attorney be directed to prepare an ordinance, similar to the previous ordinance or incorporated within it, that a review of plans be required to cover the scenario whereby if a single-family home in the foothills, which is sub- stantially surrounded by existing single-family homes, is destroyed by an act of God, that when the property owner, or new property owners, come forward to request to build, the requirement be made that the home be rebuilt in the vicinity of the existing footprint. The motion died for lack of a second. (This item was clarified in Minutes of 11/7/86, Pages 1 and 2) COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. PUBLIC HEARING - S & S MEAT PRODUCTS - CONTINUED FROM OCTOBER 6, 1986 This is the time and place continued to for a public hearing to consider the odor caused by the operation of S & S Meat Products, 1389 West Mill Street, San Bernardino, California. (63) James Sherratt, S & S Meat Products, was present to request a continuance of the hearing because his attorney could not be present. Executive Assistant to the Council Arvizo stated that Mr. Sherratt had commented to him that S & S Meat Products was willing to comply with any request of the City as long as the City paid for it. Council Member Quiel made a motion, seconded by Council Member Estrada, that the public hearing to con- sider the odor caused by the operation of S & S Meat Pro- ducts, 1389 West Mill Street, San Bernardino, be continued to the Regular Meeting of the Mayor and Common Council to be held November 3, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the Council Members Estrada, Reilly, Noes: Council Member Hernandez. Frazier. following vote: Ayes: Marks, Quiel, Strickler. Absent: Council Member COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. 23 10/20/86 WAIVER OF CONDI'rrONS .:. PARCEL Mi,P NO. 9939 .:. SOUTHEAST CORNER OF HUFF STREET AND ARROWHEAD AVENUE - JOHN DAY - ARROWHEAD-HUFF COMPANY - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consi- deration of a waiver of conditions on Parcel Map No. 9939, the southeast corner of Huff Street and Arrowhead Avenue, by John Day of the Arrowhead-Huff Company, continued from earlier in the meeting. (See Page 14 ) (38) John Day, general partner of the Arrowhead-Huff Com- pany, stated that after mee"ting with City Engineer Hard- grave, he is requesting a waiver of the requirement that fees be paid at this time for the parcel map to be ap- proved, and a waiver of the requirement of a bond for undergrounding of electric power on Arrowhead Avenue and Huff Street and for sidewalks on Huff Street. City Engineer Hardgrave answered questions regarding requirements of the property owner, which have been ap- proved by the Planning Commission. He stated that there are two parcels being created, and that once the map is filed, the City would not have a legal hold on further requirements. John Day, general partner of the Arrowhead-Huff Com- pany, answered questions, stating that his company has owned the property in question for approximately five years. He stated that a portion of the property is in escrow, but that the escrow cannot close because it is contingent upon the parcel map being filed. C. L. Farrell, attorney with Fullerton and Lemann, representing the buyers of the property, stated that one of the conditions of the sale is that the seller pay the fees for recordation of the parcel map, and tha~ it would not be in the best interest of the buyer to waive any future protest to an assessment district. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the matter concerning Parcel Map No. 9939 be continued to the Regular Meeting of the Mayor and Common Council to be held November 3, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. MULTIPLE FAMILY RESIDENTIAL DISTRICT - AMENDMENT OF CHAPTER 19.12 OF SAN BERNARDINO MUNICIPAL CODE - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consi- deration of an amendment to Chapter 19.12 of the San Ber- nardino Municipal Code regarding a Multiple Family Resi- dential District, as discussed earlier in the meeting. (See Page 1~ (28) Planning Director Schuma presented three optional ordinances for transition rules, which would apply to the proposed ordinance amending Chapter 19.12 of the San Ber- nardino Municipal Code. Attorney Holcomb, representing a developer with a project in the planning stages, requested that the record show that the procedures spelled out by Planning Director Schuma concerning acceptance of plans are employed in all three of the versions of the proposed ordinance. He fur- ther stated that his client met all the requirements of the existing ordinance. Planning Director Schuma stated that the matter in question is the time or event that effectuates grand- fathering. 24 10/20/86 Attorney Holcomb stated that anyone of the three proposed ordinances would be acceptable, if they required substantial expenditure in good faith, instead of actual construction, as the point that effectuates grandfather- ing, because 10% to 15% of the total cost of a project is invested before it is off the ground. John Stubblefield, developer located at 2258 Brad- ford, stated that he has been processing a project through the City Engineering and Planning Departments for 18 months, during which time he has been repeatedly assured by Planning Director Schuma that it has been the policy of the City that when a project is submitted, the ordinance in effect at that time is the regulation that will prevail over that project. He stated that he has spent thousands of dollars, has made numerous revisions at significant expense, and has the Environmental Review Committee Negative Declaration approval of his project. Discussion was held concerning the development of different land uses side by side, and the City's responsi- bility to require that plans, construction, quality and attributes be consistent with compatability of surrounding single-family developments, and a transition rule govern- ing projects in the planning stages. Darwin Reinglass, R & M Development, stated that he has had a project going through the City Planning Depart- ment for five months, and requested exemption from the new ordinance. Planning Director Schuma stated that plans for 49 projects have been received and approved by the Develop- ment Review Committee, representing 4300 units. The ci ty' s present vacancy rate is 11.2 %. He further stated that approximately 75% of those units will not be built, especially the smaller projects. Eight other projects have been accepted for filing, but have not received Development Review Committee clearance. The following letter dated October 17, 1986, was addressed to the Members of the City Council from Attorney Peter B. Brekhus, 813 "D" Street, San Rafael, California 94901: "I represent a number of property owners in the Mountain Shadows area who are opposed to the project proposed to be built by Stubblefield Enterprises at the northern terminus of Citrus Street and La praix Avenue consisting primarily of apartment units. It is my understanding that the City is presently studying amendments to its zoning ordinance pertaining to construc- tion of multi-family residential units. It is my further understanding that Stubble- field Enterprises is seeking to have the City exempt its proposed project from the provisions of the new ordinance. Although the Stubblefield property has apparently been zoned for multi-family residences for a number of years, we do not believe that this provides any justi- 25 10/20/86 fication at all for exempting the Stubble- field project from the provisions of the ordinances in effect at the tillle of con- struction. No construction at all has started on the site, and we believe there is no justification at all not to have the City insist that the latest safety stan- dards and ordinances apply to this pro- ject. " Planning Director Schuma answered questions as to how each of the three implementation ordinances would affect plans that have been received by the Planning Department. John Stubblefield, developer of a proposed 492-unit project, requested that the record show that Councilman Marks has filed an appeal in opposition to his project and that due to the appeal, he has not been able to present his project to the Development Review Committee. Council Member Marks acknowledged that he had filed the appeal and that he would vote for the R-3 ordinance. John Stubblefield, developer, stated that his pro- posed project would meet or exceed all of the standards of the new ordinance. The Mayor and Common Council discussed the wording of the ordinance and whether or not the appeal process should be allowed to remain in the ordinance, which could delay final approval by the Development Review Committee. ORD. MC-549 - ORDINANCE OF THE Crry OF SAN BERNARDINO ADDING SECTION 19.12.210 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH THE EFFECTIVE DATE OF FINAL APPROVAL OF PLANS FOR ALL PROJECTS PERTAINING TO MULTIPLE-FAMILY DEVELOPMENTS, AND DECLAR- ING THE URGENCY 'rHEREOF. FINAL (28) City Clerk Clark read the ordinance in its entirety. Council Member Marks made a motion, seconded by Council Member Quiel, that said ordinance be adopted. Ordinance No. MC-549 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernan- dez. Absent: None. The effective date of the provisions of Chapter 19.12 to all projects for which plans have not been been ap- proved by the Development Review Committee, will be thirty days following the date of adoption of this ordinance. ORD. MC-550 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.12 OF THE SAN BERNARDINO MUNICIPAL COnE PERTAINING TO MULTIPLE FAMILY RESIDENTIAL DISTRICT. FINAL (28) City Clerk Clark read the title of the ordinance. Council Member Quiel made a motion, seconded by Council Member StriCkler and unanimously carried. that said ordinance be adopted. vote: Marks, None. Ordinance No. MC-550 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: 26 10/20/86 RECESS MEETING At 5:55 p.m., Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the meeting be recessed until 7:30 p.m. in the Coun- cil Chambers of City Hall, 300 North "D" Street, San Ber- nardino, California. RECONVENE MEETING At 7:30 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor wilcox; Council Members Reilly, Marks, Quiel, Frazier, Strickler; Deputy City Attorney Wilson, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Estrada, Hernandez. ORD. MC-551 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 18.40.160 SUBSECTION C OF THE SAN BERNARDINO MUNI- CIPAL CODE REGARDING EXEMPTION FROM THE TWO STANDARD ACCESS ROUTE REQUIREMENT FOR SUBDIVISIONS WITHIN THE HIGH FIRE HAZARD AREA, PROCEDURES FOR EXEMPTION INVESTI- GATION AND OTHER REQUIREMENTS THEREFOR, REPEALING SUBSECTION E OF SECTION 18.40.160, AND DECLARING THE URGENCY 'rHEREOF. FINAL (32a) City Clerk Clark read the title of the ordinance. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the ordinance be waived and that said ordinance be adopted. Ordinance No. MC-551 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Mem- bers Estrada, Hernandez. ORDINANCE OF THE CI'rY OF SAN BERNARDINO AMENDING SECTION 18.40.160 SUBSECTION C OF THE SAN BERNARDINO MUNICIPAL CODE TO PRO- VIDE FOR EXEMPTIONS FROM THE TWO STANDARD ACCESS ROUTE REQUIREMENT FOR SUBDIVISIONS OUTSIDE THE HIGH FIRE HAZARD AREA. FIRST (32b) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that said ordinance be continued to the Regular Meeting of the Mayor and Common Council to be held November 3, 1986, in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California; and that staff be directed to clarify the differences in the two-access route ordinances. DISCUSSION - GENERAL PLAN ZONING - NORTHWEST REDEVELOPMENT PROJECT AREA - ENTERPRISE ZONE - CONTINUED FROM OCTOBER 6, 1986 This is the time and place continued to for discus- sion concerning the General Plan zoning within the North- west Redevelopment Project Area and how it relates to the Enterprise Zone. (43) 27 10/20/86 Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that the City Administrator be instructed to prepare a staff report regarding the conflicts in the General Plan zoning within the Northwest Redevelopment Project Area and the Enter- prise Zone. COUNCIL MEMBER ESTRADA ARRIVED At 7:43 p.m., Council Member Estrada arrived at the Council Meeting and took her place at the Council Table. REPORT - LEGISLATIVE REVIEW AND WAYS AND MEANS COMMITTEES - CONSOLIDATION OF BUILDING AND SAFETY AND PLANNING DEPARTMENTS - PROPOSED POSITION OF DIRECTOR OF DEVELOPMENTAL SERVICES - CONTINUED FROM OCTOBER 6, 1986 This is the time and place set for discussion of a report from the Legislative Review and the Ways and Means Committees regarding the consolidation of management re- sponsibilities between the Building and Safety Department and the Planning Department, and the proposed position of Director of Developmental Services. (44 & 46-1) Council Member Strickler, Chairman of the Legislative Review Committee, presented Item 4 of the October 9, 1986, report of the Legislative Review Comnittee as follows: 4. Consolidation of Management Reponsi- bilities - Director of Developmental Ser- vices-:'-TheCornmittee discussed the pro- posed consolidation of responsibility of Building and Safety Department and Plan- ning Department under a Director of De- velopmental Services. The Committee felt that code enforcement should be assigned under the managerial responsibility of the Deputy City Administrator. The Committee further discussed the recruitment of the position for the Director of Building and Safety Department. They recon~ended that the position description be changed to reflect recruitment of a manager oriented individual. A final recommendation was delayed until the Committee hears a report from Mr. Jim Robbins on October 16, 1986. Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that the matter concerning the consolidation of the Building and Safety Department and the Planning Department under the authority of a Director of Developmental Services, be referred to the Ways and Means Committee for review. LEGISLA'rIVE REVIEW COMMITTEE MEETINGS - OCTOBER 9 AND 16, 1986 Council Member StriCkler, Chairman of the Legislative Review Committee, presented the report of the Legislative Review Committee Meetings held October 9 and 16, 198u. At the October 9, 1986, meeting, the following items were presented: (46) 1. Verdemont Area Plan, Final EIR and ~~~~~~!~one No. 86-15 - Item continued to October 16, 1986. A public hearing was conducted regarding the standards of the Verdemont Area plan. The Committee directed revisions of several standards relating to project design and utilities, as follows: 28 10/20/86 (a) General (roofs) (par. 2) Re- define standards. Delete "Roof forms on multi-story.. .an acceptable design." Provide better drawings. (b) Single Fam- ily (unit size) (par. 2). Recommend mini- mum of 10,800 sq. ft. floor area, or eighty percent of the average units, or within 500 ft. of existing units, be 1,200. Less than minimum shall be 1,000 sq. ft. (c) Single Family (parks/open space). Recommend Planning Director and Director of Parks, Recreation and Commun- ity Services be responsible for determin- ing the location of the minimum of a 5- acre park. Recommend park construction fee be set aside by the developers. (d) Mul ti-Family. Recommend R-3 ordinance criteria be incorporated into the plan, except trash storage areas. (e) Utilities (satellite dish antennas). Substitute par. 4 with existing ordinance. (f) Mul- tiple Family, Commercial, Industrial (rooftop equipment). Recommend existing structure be exempt after effective date of plan. 2. Requ~~!-.!~on!in':l.~~eve.!.~Eer Fee Program - Rialto Unified School District - The committee recommended to the Council that the existing policy agreement between the City and the Rialto Unified School District be continued until the state law becomes effective January 1, 1987. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the existing policy agreement between the City of San Bernar- dino and the Rialto Unified School District on school impaction fees will be continued until the state law be- crnnes effective January 1, 1987. 3. Ordinance Amending MC Section 2.34.030 Subsection H Authorizing Police Commission to Conduct Hearings - The Committee recom- mended to the Council that the language in the proposed amendment be changed to con- fine the Police Commission hearings to only matters assigned under provisions of the San Bernardino Municipal Code. 4. ~on~~lidation of Management Responsi- bilities - Director of Developmental Ser- viceS-~reviously referred to the Ways andMeans Committee - See Page 28) 5. Level Paths of Travel Across Driveways - The Committee directed the Public Works Director/City Engineer to develop a de- signed criteria for level pathways across driveways to be reviewed by the Co~nission for Disabled Persons prior to final recom- menda tion by the COJruni t tee. At the October 16, 1986, meeting of the Legislative Review Committee, the following items were presented: 1. ~on~olidation of Management Responsi- bilities - Director of Developmental Ser- vices--TPreviously referred to the Ways andMeans Committee - See Page 21}) 29 10/20/86 2. Sewer Service Bryn Mawr - The Committee reviewedandrecornmended denial of a request to provide sewer service for this area. In a memorandum dated October 3, 1986, Bernard Ker- sey, Director of Administration and Finance of the Water Department, provided information regarding a joint powers agreement between the Cities of San Bernardino and Loma Linda regarding sewer service. Council Member Estrada made a motion, seconded by Council Member Marks, that the matter concerning sewer service to Bryn ~lawr, be continued to the Regular Meeting of the Mayor and Common Council to be held November 17 , 1986. The motion failed by the following vote: Ayes: Council Members Estrada, Marks, Frazier. Noes: Council Members Reilly, Quiel, Strickler. Absent: Council Member Hernandez. Council Member Quiel Council Member Strickler, sewer service for Bryn Mawr made a motion, seconded by that the request to provide be denied. The motion failed by the following Council Members Reilly, Quiel, strickler. Members Estrada, Frazier. Absent: Council dez. Abstain: Council Member Marks. vote: Noes: Member Ayes: Council Hernan- 3. Verdemont Area Plan - The Committee ------------ reviewed the remaining pages of the Plan, received input from those in attendance, referred two issues to staff for resolu- tion by October 20 Council Meeting and recommended approval of the Plan. Discus- sion of the necessity for updating the overall General Plan ensued. The present plan does not meet state mandates and the City Attorney's Office was directed to provide a written opinion of same. It was the general consensus of the Committee that Planning go forward in updating the General Plan to meet state mandate. 4. R-3 Ordinance - The Co~nittee recom- mended thatcthe-Planning Director bring a definite recommendation regarding the implementation of said ordinance and who will be affected. Developers who have projects moving through the system are concerned and need definite direction. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the report of the Legislative Review Committee Meetings held October 9 and Ib, 1986, be received and filed. WAYS AND MEANS COMMITTEE REPORT - APPLICATION NOS. 86-09-030 ANn 86-09-029 - SOUTHERN CALIFORNIA GAS COMPANY RATE INCREASE - CONTINUED FROM OCTOBER 6, 1986 This is the time and place set for a report from the Ways and Means Committee concerning Southern California Gas Company Application Nos. 86-09-030 and 86-09-029 for a rate increase. (45) 30 10/20/86 Council Member Marks made a motion, seconded by Coun- cil Member Frazier and unanimously carried, that the re- port of the Ways and Means Committee concerning a Southern California Gas Company rate increase, be continued to November 3, 1986. TRANSPORTATION COW~ITTEE MEETING REPORT - OCTOBER 14, 1986 Council Member Marks, Chairman of the Transportation Committee, presented the report of the Transportation Committee Meeting held October 14, 1986, at which time the following items were presented: (47) 1. Transportation priorities - Chamber of Commerce survey - The Acting City Admini- strator was directed to scrutinize the Chamber survey issue by issue and su~nar- ize - what is City's position re issue, staff prospectus - needs and scenario and report back as soon as possible. 2. Downtown parking Structure/Transit Terminal - Extensive discussion took place on the do-ability of their project to include financing. The Acting City Ad- ministrator presented his report and ex- plained the overall process. 3. Rendering by Architect - Mr. Jonathan Zone presented preliminary architectural renderings to the Committee and answered questions relative to design. Several questions were posed regarding security, parking of delivery vehicles and blend-in of structure to the Platt Building and surrounding area. Mr. Zone will incorpor- ate those recommendations and will review with RDA the Court and "E" Street project to get a feel for "downtown look". He will bring his renderings to the next Committee meeting. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the report of the Transportation Committee Meeting held Octo- ber 14, 1986, be received and filed. GENERAL REPORTS M.D CORRESPONDENCE Council Member Marks made a motion, seconded cil Member Strickler and unanimously carried, following item be received and filed: by Coun- that the (49) a. Loma (The Resolution No. 1178 of the City Linda, opposing Ballot Proposition Gann Initiative). of 61 Council Member Quiel stated that as the owner of stock in the Bank of San Bernardino, he would abstain on the following Item 49b. Mayor Wilcox declared for the record that she is the owner of stock in El Dorado Bank. Council Member Reilly stated that as the owner of stock in Coast Savings and Loan, he would abstain on the following Item 49b. b. Monthly Report - City's Investment Portfolio - August 31, 1986 31 10/20/86 council Member Marks made a motion, seconded by Coun- cil Member Strickler, that Item 49b be filed. The motion carried by the following vote: Council Members Estrada, Marks, Frazier, Strickler. None. Absent: Council Member Hernandez. Abstain: cil Members Reilly, Quiel. Ayes: Noes: Coun- READING AND WAIVING OF ALL RESOLUTIONS ON THE SUPPLEMENTAL AGENDA city Clerk Clark read the titles of the resolutions on the Supplemental Agenda. Council Member Marks made a motion, seconded by Coun- cil Member Strickler, that further reading of the resolu- tions be waived. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERS'rANDING WI'rH THE COUN'ry OF SAN BERNARDINO RELATING TO FUNDS RECEIVED UNDER THE SE'rTLEMENT AGREEMENT WITH THE SAN MANUEL BAND OF MISSION INDIANS. (5-1) Council Member Marks made a motion, seconded by Coun- cil Member Quiel, that the resolution be continued to 5:00 p.m. at the Regular Meeting of the Mayor and Common Coun- cil to be held November 3, 1986, in the Council Chambers, City Hall, JUO North "D" Street, San Bernardino, Califor- nia. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. RES. 86-436 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUrHORIZING THE DONA'rrON OF THE CITY-OWNED BUILDING, "THE OLD DEPOT", LOCATED AT VIADUCT PARK, TO DANNY CASTRO, AND FURTHER AUTHORIZING A $300 ASSISTANCE ALLOCATION TO MR. CAS'rRO FOR 'rHE REMOVAL OF "THE OLD DEPOT". (S-2) Council Member Marks made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that said reso- lution be adopted. vote: Quiel, Member Resolution No. 86-436 was adopted by the following Ayes: Council Members Estrada, Reilly, Marks, Frazier, Strickler. Noes: None. Absent: Council Hernandez. RES. 86-437 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO IPS SERVICES, INC., FOR PROVIDING SWEEPING SERVICES FOR CENTRAL CITY MALL SURFACE PARKING SPACES AND THREE-LEVEL PARKING STRUCTURE AND REJECTING THE LOW BID. (S-3) Council Member Marks made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that said reso- lution be adopted. Resolution No. 86-437 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Hernandez. 32 10/20/86 RES. 86-438 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SUBMISSION OF A GRANT APPLICATION TO THE FOUNDATION FOR COMMUNITY SERVICES CABLE TELEVISION IN SUPPORT OF PUBLIC SERVICE COMMUNICATION. (S-4) Council Member Marks made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that said reso- lution be adopted. vote: Quiel, Member Resolution No. 86-438 was adopted by the following Ayes: Council Members Estrada, Reilly, Marks, Frazier, Strickler. Noes: None. Absent: Council Hernandez. RES. 86-439 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO ALLEN D. DAVIS, PAINTING CONTRACTOR, FOR PAINTING THREE-LEVEL PARKING STRUCTURE, AT SOUTHWEST CORNER OF 4TH STREET AND "E" STREET. (S-5) Council Member Marks made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that said reso- lution be adopted. Resolution No. 86-439 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Hernandez. RES. 86-440 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH COUNTY OF SAN BERNAR- DINO RELATING TO THE RESURFACING OF PUMALO AVENUE FROM GOLDEN AVENUE TO DEL ROSA AVENUE. (S-6) Council Member Marks made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that said reso- lution be adopted. vote: Quiel, Member Resolution No. 86-440 was adopted by the following Ayes: Council Members Estrada, Reilly, Marks, Frazier, Strickler. Noes: None. Absent: Council Hernandez. RES. 86-441 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH COUNTY OF SAN BERNAR- DINO RELATING TO THE RESURFACING OF MAR- SHALL BOULEVARD FROM DEL ROSA AVENUE TO STERLING AVENUE. (S-7) Council Member Marks made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that said reso- lution be adopted. vote: Quiel, Member Resolution No. 86-441 was adopted by the following Ayes: Council Members Estrada, Reilly, Marks, Frazier, Strickler. Noes: None. Absent: Council Hernandez. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. 33 10/20/86 AGREEMENT .:. YWCA - PURCHASE OF REAL PROPERTY - 566 N. LUGO AVENUE - CENTRAL CITY EAST REDEVELOPMENT AREA This is the time and place set for a public hearing to consider a disposition and development agreement with the YWCA to purchase real property located at 566 North Lugo Avenue, San Bernardino, California, in the Central Ci ty East Redevelopment Area from the Redevelopment Agency. (R-3) Mayor Wilcox opened the hearing. Council Member Quiel made a motion, seconded by Coun- cil Member Estrada and unanimously carried, that the pub- lic hearing be closed. COUNCIL MEMBER FRAZIER RETUm~ED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. RES. 86-442 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF THAT CERTAIN PROPERTY IDENTIFIED AS APN 135- 061-10, LOCATED AT 566 NORTH LUGO AVENUE, WITHIN THE CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA, BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, TO THE YOUNG WOMEN'S CHRIS'rIAN ASSOCIATION OF GREATER SAN BERNARDINO - (HEALTH AND SAFETY CODE SEC. 33433). (R-3a) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Coun- cil Member Quiel and unanimously carried, that further reading of the resolution be waived and that said resolu- tion be adopted. vote: Quiel, Member Resolution No. 86-442 was adopted by the following Ayes: Council Members Estrada, Reilly, Marks, Frazier, Strickler. Noes: None. Absent: Council Hernandez. COUNCIL MEMBERS ESTRADA &~D FRAZIER EXCUSED Council Members Estrada and Frazier left the Council Meeting. APPROVE MINU'rES - SEPTEMBER 22, 1986 - Council Member Marks made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that the action to amend the minutes of September 22, 1986, concerning statements from Roger Hardgrave on the filing date of grading plans for the Arrieta house on Terracita, be con- tinued to the Regular Meeting of the Mayor and Common Council to be held November 3, 1986, in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, California. (See Page 4) (1) COUNCIL MEMBERS ESTRADA AND FRAZIER RETURNEn Council Members Estrada and Frazier returned to the Council Meeting and took their places at the Council Table. RECESS MEETING - CLOSED SESSION At 8:40 p.m., Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to recess to a Closed Session to consider personnel mat- ters pursuant to Government Code Section 54957; pursuant to Government Code Section 54956.9(a) to confer with its 34 10/20/86 attorney regaru~ng pending litigation in the following cases: Walsh et a1 VB City of san Bernardino, Superior Court Case No. 199364 pursuant to Government Code Section 54956.9(a), and the Redevelopment Agency litigation con- cerning Operation Second Chance. (48) CLOSEn SESSION At 8:40 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, Califor- nia. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler; Deputy City Attorney Wilson, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Hernandez. Also present: Glenda Saul, Executive Director of the Redevelopment Agency; Richard Bennecke, Administrative Assistant to the Mayor; Phil Arvizo, Administrative Assis- tant to the Council. ADJOURN CLOSED SESSION At 9:00 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Regular Meeting in the Council Chambers of City Hall, 300 North "n" Street, San Bernardino, California. RECONVENE MEETING At 9:00 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler; Deputy City Attorney Wilson, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Hernandez. ADJOURNMENT At 9:00 p.m., Council Member Estrada made a motion, seconded by Council Member Marks and unanimously carried, that the meeting be adjourned to 10: 00 a.m., Thursday, October 23, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ~/L/'??"'/~ /' City Clerk No. of Hours in Meeting: 8 1/2 No. of Items Discussed: 79 35 10/20/86