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Home My WebLink About11-17-1986 Minutes . City of San Bernardino, California November 17, 1986 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:05 a.m., on Monday, November 17, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Reverend Gary W. Neiland of Calvary Baptist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tempore Fraz ier. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Hernandez, Marks. PRESENTATION - CENTENNIAL ANNIVERSARY OF THE SOUTHERN CALIFORNIA EDISON COMPANY Sue Noreen, Area Manager of the Southern California Edison Company, presented Mayor wilcox with a Resolution of Appreciation celebrating the Centennial Anniversary of the commencement of electric service. Mayor wilcox accepted the Resolution of Appreciation. COUNCIL MEMBER HERNANDEZ ARRIVED At 9:07 a.m., Council Member Hernandez arrived at the Council Meeting. MAYOR'S "D" DAY AGAINST DRUGS - NOVEMBER 18, 1986 Jeri Simpson, Director of the San Bernardino Commun- ity Against Drugs, Inc., was present to invite the parti- cipation of the Council at the Central City Mall Drug Awareness Fair between 10:00 a.m. and 9:00 p.m., and pro- vided a description of the activities of the day. Mayor wilcox encouraged everyone to participate in the fair at some time during the day. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. APPROVE MINUTES - NOVEMBER 3, 1986 Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 3rd day of November, 1986, be approved as submitted in typewritten form. (1) CLAIMS AND PAYROLLS Council Member Hernandez made a motion, Council Member Reilly and unanimously carried, demands against the City, and authorize the warrants as follows: seconded by to approve issuance of (2 ) 1. Approve the register of demands dated: October 28, 1986 November 5, 1986 86/87 86/87 #9 #10 $1,222,506.99 1,274,453.95 2. Approve ~he total gross payroll for the period October 13, 1986 through October 26, 1986, in the amount of $1,332,471.56. PERSONNEL ACTIONS Council Member Hernandez made a motion, seconded by Council Member Reilly 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. (3) APPOINTMENTS Police Department Mark S. Fabrizio - Police Officer - Effective November 18, 1986 Police Officer - Effective December 13, 1986 George C. Danco Kevin M. Stuart Carl A. Williams, Jr. Alan D. Irwin Alex S. Thorpe Police Assistant - Effective November 18, 1986 Nancy L. Brewster Raymond Torres Senior Typist Clerk - Effective November 18, 1986 Margaret R. Lang Gloria Rosas Serena F. Zanone - Intermediate Typist Clerk - Effective December 1, 1986 Junior Typist Clerk - Effective December 1, 1986 Veronica C. Gonzales Teri M. Waitschies Maria Ciriza - Intermediate Stenographer Clerk - Effective December 1, 1986 Finance/Print Shop Brian T. Hanson - Offset Press Operator - Effective November 11, 1986 Public Works/Central Garage Robert Lee Lewis - Equipment Mechanic - Effective November 18, 1986 Finance David L. Miller - Senior Accountant - Effective November 18, 1986 APPOINTMENTS TEMPORARY Police Crossing Guard/Part-Time - Effective November 18, 1986 James F. Grant Altamease Newberry Juanita Wood Rebecca Hendrickson Carolyn J. Sorbet 2 11/17/86 Parks, Recreation & community Services Leotha MaGee - Teacher/Director - Effective November 18, 1986 Kitchen Helper/Part-Time - Effective November 18, 1986 John H. Davis, Jr. James W. Moore Frank Estrada - Groundsman/Part-Time - Effective November 18, 198b Public Services/Refuse Extra Relief Heavy Laborer - Effective November 18, 1986 Steven Henry John S. Jackson Paul J. Rodriquez Charles Silva Robert L. Stewart Elias P. Hernandez Arthur A. Molina Andrew R. Romo Paul A. Simms PROMOTIONS Police Wayne M. Harp - From Lieutenant to Captain - Effective November 18, 1986 From Police Officer to Training Officer: Jon M. Waterhouse - Effective November 18, 1986 Francis Good - Effective November 19, 1986 Dale Blackwell - Effective November 20, 1986 Rick Moyer - Effective November 21, 1986 Steven Filson - Effective November 24, 1986 Scott Paterson - Effective November 25, 1986 Gary Salazar - Effective November 26, 1986 Paul J. Muro - Effective December 1, 1986 Donald Soderbloom - Effective December 2, 1986 Charles E. Hudson - Effective December 3, 1986 Eric M. Morales - Effective December 4, 1986 Michael Vasilis - Effective December 5, 1986 Robert A. Descaro - Effective December 8, 1986 Public Works/Engineering Michael S. Curry - From Draftsperson to Construction Inspector - Effective November 18, 1986 PROMOTIONS TEMPO~\RY Mary Samson - Recreation Specialist - Effective November 18, 1986 Rudolph D. Jones - Recreation Leader/Part-Time - Effective November 18, 1986 3 11/17/86 HIGHER ACTING CLASSIFICATION Mayor's Office Ivey Thompson - Intermediate Typist Clerk - Effective November 24, 1986 Police Velia D. Marquez - Secretary - Police - Effective November 3, 1986 Phyllis T. Weed - Principal Stenographer Clerk - Effective November 3, 1986 LEAVE OF ABSENCE WITHOUT PAY/MATERNITY Mayor/Affirmative Action Joyce M. Wright - Intermediate Typist Clerk - Effective December 15, 1986 1986 YMCA CHILDREN'S CHRISTMAS PARADE - AUTHORIZATION TO EXPEND AREA TAX FUNDS In a memorandum dated November 5, 1986, City Admini- strator Schweitzer stated that past practice of the City has been to approve a contribution of Area Tax funds to- wards the costs incurred by the Children's Christmas Par- ade, which is an annual event sponsored by the YMCA, had again been unanimously approved by the Central City Advi- sory Board. (4) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the request for the $250 contribution of Area Tax Funds to support the 1986 YMCA Children's Christmas Parade, be approved. RIO VISTA PARK - CDBG FUND ALLOCATION - PROJECT #770 - CENSUS TRACT 42 In a memorandum dated November 17, 1986, Ken Hender- son, Director of the Community Development Department, stated that since the approved allocation of $100,000 in CDBG funds in May, 1984, for the preparation of plans and specifications for grading, irrigation and hydroseeding approximately 6.8 acres of Rio Vista Park and the admini- stering of an RFP and contract for performance of the work, only the preparation of the plans and specifications phase has been completed. This leaves $88,360 in funds remaining and the implementation phase yet to be acccom- plished. (7) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the previous Council action taken in May, 1984, allocating $100,000 in FY 1984/85 CDBG funds to Rio Vista Park for preparation of plan and specifications for grading, irri- gation and hydroseeding of 6.8 acres at Rio Vista Park and contract for performance of same, be reaffirmed. APPOINTMENT - CITY REPRESENTATIVES FOR SMALL CLAIMS COURT - BUSINESS LICENSE INSPECTORS LANETTE SCHUBERT AND MICHAEL STANLEY In a memorandum dated October 28, 1986, Lee Gagnon, Business License Supervisor, stated that the Small Claims Court requires that the City'S representatives attempting to collect on business license fees through the court system, must be officially designated by the legislative body of the City. (9) 4 11/17/86 council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that Busi- ness License Inspectors Lanette Schubert and Michael Stanley of the City Clerk's Office be authorized to repre- sent the City in Small Claims Court for the purpose of collecting delinquent Business License fees. GRAPE STREET - BETWEEN MILL AND CHESTNUT STREETS - AU'rHORIZATION FOR SIDEWALK CONSTRUCTION In a memorandum dated November 6, 1986, Manuel P. Moreno, Jr., Superintendent of Public Services, stated that pedestrian traffic travelling to and from Valley College and commercial establishments on Grape Street, between Mill and Chestnut Streets, must walk in the street during rainy weather because of mud. (10) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the Department of Public Services be authorized to use City forces for the construction of sidewalk on the west side of Grape Street between Mill and Chestnut Streets, at a cost not to exceed $2,000.00. LENORE STREET - SOUTH OF CONGRESS STREET - AUTHORIZATION FOR SIDEWALK AND DRIVEWAY APPROACH CONSTRUCTION In a memorandum dated November 6, 1986, Manuel P. Moreno, Jr., Superintendent of Public Services, stated that increased pedestrian traffic consisting of mostly children travelling to and from school on Lenore Street, south of Congress Street, is forced to walk in the street during inclement weather due to mud. It is necessary to construct a driveway approach in the area approximately 50 feet south of Congress Street ingress and egress. (11) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the Department of Public Services be authorized to proceed with the construction of a sidewalk and driveway approach on the east side of Lenore Street, south of Congress Street. SENIOR COMPANION PROGRAM GRANT - AUTHORIZATION FOR APPLICATION TO ELVIRITA LEWIS FOUNDATION - DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES In a memorandum dated November 6, 1986, Annie F. Ramos, Director of the Parks, Recreation and Community Services Department, stated increased funding is needed to support an increased need for transportation for the Senior Companion Program. (12) The Mayor and Common Council discussed the need for the Senior Affairs Commission and the need to complete the appointments. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the Parks, Recreation and Community Services Department be authorized to apply for a $2,500 grant from the Elvirita Lewis Foundation to supplement the transportation costs of the Senior Companion Program. AUTHORIZATION FOR ASSESSMENT DISTRICT - KENDALL DRIVE UTILITY UNDERGROUNDING In a memorandum dated November 4, 1986, City Engineer Hardgrave stated that a petition has been filed by 100% of the owners of the property lying wi thin the proposed boundaries of the district, requesting the formation of an 5 11/17/86 assessment district utilities in portions University Parkway. for the undergrounding of overhead of Kendall Drive; northwesterly of (13 ) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the City Engineer and City Clerk be authorized to proceed with the establishment of an assessment district under the provisions of Chapter 12.90 of the San Bernardino Muni- cipal Code and that the City Engineer be directed to pre- pare an Engineer's Report for the proposed undergrounding of utilities in portions of Kendall Drive, northwesterly of University Parkway, in the City of San Bernardino. AGREEt1ENT Ex'rENSION - JOHN R. TRAUTH - HOUSING CONSULTANT SERVICES In a memorandum dated November 17, 1986, Ken Hender- son, Director of the Community Development Department, requested the extension of an agreement with John R. Trauth, Housing and Community Development Consultant, which would require no additional funding by the City. (14) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the Ci ty Attorney be directed to prepare an amendment to Resolution No. 85-502, extending the agreement for housing consultant services from December 2, 1986, to March 31, 1987, and requiring no additional funds. SENIOR HOUSING PROJECT - APPROVAL IN CONCEPT - JOINT DEVELOPMENT - SAN BERNARDINO COMMUNITY HOSPITAL AND HOUSING AUTHORITY OF COUNTY OF SAN BERNARDINO In a memorandum dated November 6, 1986, Ken Hender- son, Director of the Community Development Department, stated that plans are being discussed for joint develop- ment between the City of San Bernardino, San Bernardino Community Hospital and the Housing Authority Senior Hous- ing Project, for a senior housing project(s) to provide unsubsidized housing for seniors on fixed incomes. The financing would be based on a fifty/fifty split between the Housing Authority and the City. It was agreed that whatever the hospital contributed to the project would be applied toward the City's share of the cost of develop- ment. ( 5 ) Council Member Quiel announced that he would abstain from this matter, as he is providing signage for San Ber- nardino Community Hospital. Council Member Hernandez made a motion, seconded by Council Member Reilly, that the development of a senior housing project to be jointly developed by City, San Ber- nardino Community Hospital and the Housing Authority of the County of San Bernardino, be approved in concept, and that staff be directed to develop a financing plan re- lating to the City'S share of the development cost. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Strickler. Noes: None. Absent: Council Member Marks, Frazier. Abstain: Council Member Quiel. DECLARATION OF DEFAULT STATUS - CDBG LOAN - BELCO DEVELOPMENT COMPANY In a memorandum dated November 17, 1986, Ken Hender- son, Director of the Community Development Department, reported the payment record of Belco Development Company concerning Disposition and Development Agreements totaling $187,458.34, which were originally approved in 1983. He 6 11/17/86 stated that after a request was received by staff from Belco for restructuring of their loan, Belco was asked to provide further information for consideration of the their request, and to make their loan payments current. (6) On November 3, 1986, Belco advised staff that they were attempting to secure refinancing of their loan and could possibly make payment of the full amount in arrears, $8,730.19 plus accrued interest, within a week. Ken Henderson, Director of the Community Development Department, recommended in his memorandum dated November 17, 1986, that appropriate legal action be taken in order to secure repayment of the loan and to protect the City's interest. Council Member Estrada made a motion, seconded by Council Member Hernandez and unanimously carried, that the matter concerning declaration of default status for a Community Development Block Grant loan of $187,458.34 with Belco Development Company, be continued to December 8, 1986. COUNCIL MEMBER FRAZIER ARRIVED Council Member Frazier arrived at the Council Meeting and took his place at the Council Table. SET HEARING - CDBG SUPPLEMENTAL APPROPRIATION FUNDING PROPOSALS In a memorandum dated November 17, 1986, Ken Hender- son, Director of the Community Development Department, requested tllat a time and date be set for amendment of the City's Community Development Plan, as the plan must be amended to reflect the actions taken by the Mayor and Common Council concerning supplemental CDBG funding pro- posals. (8) The Mayor and Common Council discussed alternative meeting dates for hearing City and Redevelopment matters due to full agendas. Discussion was held concerning whether or not it is necessary to have a public hearing to consider CDBG appro- priation funding matters. Ken Henderson, Director of the Community Development Department, answered questions concerning any time limits required for the amendment of the City's Community Development Plan. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the supplemental CDBG appropriation funding proposals be con- sidered at 3:00 p.m., Monday, December 8, 1986, at the Adjourned Regular Meeting of the Mayor and Co@uon Council to be held in the Council Chambers of City Hall, 300 North 11011 Street, San Bernardino, California. REQUEST TO REHEAR COUNCIL ACTION - RENAMING MUSCOTT STREET TO MEDICAL CENTER DRIVE - JAMES D. ELDER In a letter dated October 30, 1986, Elder James Elder of the Living Water Church, 1545 N. Mt. Vernon Avenue, San Bernardino, California, provided a petition of 80 signa- tures of citizens living in and around the First and Sixth Wards, requesting the repeal/reconsideration of the Mayor and Common Council's decision of October 6, 1986, to change the name of Muscott Street to Medical Center Drive. The letter requested that Muscott Street be renamed Dr. Martin Luther King, Jr. (15) 7 11/17/86 City Attorney Prince answered questions, stating that the letter is technically a request for reconsideration and rehearing, not an appeal. Discussion was held concerning the rules and proce- dures of the Council Meeting with regard to allowing the public to speak concerning the request for rehearing. Council Member Frazier made a motion, seconded by Council Member Quiel, that the request for rehearing of Council action of October 6, 1986, relative to the renam- ing of Muscott Street to Medical Center Drive, be denied, with the understanding that Council Member Frazier is working to formulate a committee to consider renaming another arterial as Dr. Martin Luther King, Jr. Blvd. as an alternative. The motion carried by the following vote: Council Members Reilly, Quiel, Frazier, Strickler. Council Members Estrada, Hernandez. Absent: Member Marks. Ayes: Noes: Council COUNCIL MEMBER MARKS ARRIVED At 9:30 a.m., Council Member Marks arrived at the Council Meeting and took his place at the Council Table. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the resolu- tions on the Council Agenda. Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolutions be waived. RES. 86-462 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GREAT WESTERN SAVINGS FOR SERVICES AS ADMINISTRATOR OF THE CITY'S DEFERRED COMPENSATION PLAN. (16) Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-462 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 86-463 - RESOLUTION OF THE CITY OF SAN BERNARDINO IN SUPPORT OF THE RELOCA- TION OF THE VENTURA GULLS "An DIVISION MINOR LEAGUE BASEBALL TEAM TO THE CITY OF SAN BERNARDINO. (17) Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-463 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quie1, Frazier, Strickler. Noes: None. Absent: RES. 86-464 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING THE AMOUNT OF SCHOOL FACILITIES FEES TO BE PAID TO THE COLTON JOINT UNIFIED SCHOOL DISTRICT FOR EACH DWELLING UNIT WITHIN THE MUTUAL BOUN- DARIES OF THE CITY AND THE DISTRICT PEND- ING FURTHER REVIEW. 8 (18) 11/17/86 Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that said resolution be adopted. Resolution No. 86-464 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 86-465 - RESOLU'rrON OF THE MAYOR AND COMMON COUNCIL OF THE Cl'rY OF SAN BERNAR- DINO DECLARING DECEMBER 25 AND 26, 1986, AND JANUARY 1, AND 2, 1987, AS CITY HOLI- DAYS, AND THAT DECEMBER 24, AND DECEMBER 31, 1986 ARE NOT HOLIDAYS. (20) Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that the resolution be adopted. vote: Marks, None. Resolution No. 86-465 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. RESOLUTION OF THE CI'rY OF SAN BERNARDINO REQUESTING THE INTERSTATE COMMERCE COM- MISSION TO REOPEN THE RECORD IN THE MERGER CASE OF SANTA FE RAILWAY AND SOUTHERN PACIFIC 'rRANSPORTATION COMPANY, AND URGING ITS SUPPORT TO APPROVE THIS MERGER. (19) Mayor wilcox stated that this resolution is a nation- wide movement of support for the merger, and requested that the resolution be continued as additional baCk-Up information is not available at this time. Council Member StriCkler made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be continued to the Adjourned Regular Meeting of the Mayor and Common Council to be held December 8, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 86-466 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SECOND AMENDMENT TO LEASE WITH GEORGE AGUILAR RELATING TO A ONE-YEAR EXTENSION OF 'rHE TERM OF THE LEASE FOR PREMISES LOCATED AT 645 NORTH MT. VERNON AVENUE. (21) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 86-466 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. 9 11/17/86 RES. 86-467 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING 'rHE FINAL MAP FOR SUBDIVISION TRACT NO. 13331, LOCATED APPROXIMATELY" 135 FEE'r ON THE EAS'r SIDE OF MERIDIAN AVENUE, AND APPROXIMATELY 990 FEE'r SOUTH O~' THE CENTERLINE OF MILL STREET; ACCEPTING THE PUBLIC DEDICA'rIONS AS SE'r FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREE- MENT FOR THE IMPROVEMENTS IN SAID SUB- DIVISION, WITH TIME FOR PERFORMANCE SPECI- FIED. (23) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 86-467 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. RES. 86-468 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE APPLICATION FOR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF THE SELECTED MISSING LINK SIDElvALK CONS'rRUC'rION PRO- JECT. (24) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. vote: Marks, Member Resolution No. 86-468 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Council Frazier. RES. 86-469 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOL UTION NO. 2482 ENTITLED IN PART "A RESOLUTION . . . DESIGNATING CERTAIN STREET INTERSECTIONS WHERE A STOP SIGN IS REQUIRED..."; AND AUTHORIZING THE INSTALLATION OF A STOP SIGN ON TWENTY-FOURTH STREET, TWENTY-FIFTH STREET AND TWENTY-SIXTH STREET AT LINCOLN DRIVE. (25) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. vote: Marks, Member Resolution No. 86-469 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Council Frazier. RES. 86-470 - RESOLUTION OF THE CITY OF SAN BERNARDINO RESCINDING APPROVAL OF THE FINAL MAP FOR SUBDIVISION TRACT NO. 11145, LOCATED APPROXIMATELY 350 FEET WEST OF LITTLE MOUNTAIN DRIVE, NORTH OF THE CUL- DE-SAC TERMINUS OF BOND STREET, RESCINDING APPROVAL OF THE AGREEMENT FOR THE IMPROVE- MENT IN SAID SUBDIVISION; AND REPEALING RESOLUTION NO. 82-284. (26) Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. 10 11/17/86 Resolution No. 86-470 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, strickler. Noes: None. Absent: Council Member Frazier. COUNCIL MEMBER FRAZIER RE'rURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council ORD. MC-557 - ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 86-18, GENERALLY LOCATED AT THE WEST SIDE OF SIERRA WAY BETWEEN HIGHLAND AVENUE AND 27TH STREET), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. FINAL (28) City Clerk Clark read the title of the ordinance. Council Member StriCkler made a motion, seconded by Council Member Hernandez and unanimously carried, that final reading of the ordinance be waived and said ordi- nance be adopted. Ordinance MC-557 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. PROTEST HEARING - STREET VACATION - HARRIMAN PLACE - EAST OF HOSPITALITY LANE In a memorandum dated November 3, 1986, City Engineer Hardgrave stated that a request from 100% of the adjoining property owners has been received to vacate a portion of Harriman Place, east of Hospitality Lane and he concurs with the request. (29) Mayor wilcox opened the hearing. City Clerk Clark stated that her department has received no protests to the proposed street vacation. Council Member Quiel made a motion, seconded by Coun- cil Member Frazier and unanimously carried, that the hear- ing be closed and the Findings of Fact as set forth in the Staff Report from Roger C. Hardgrave, Director of Public Works/City Engineer, as to why a portion of Harriman Place, east of Hospitality Lane is no longer necessary for street purposes, be adopted. RES. 86-471 - RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING A PORTION OF HARRIMAN PLACE, EAST OF HOSPI'rALITY LANE, IN THE CITY OF SAN BERNARDINO AND RESERV- ING PUBLIC UTILITY EASEMENTS THEREIN. (29) City Clerk Clark read the title of the resolution. Council Member Hernandez made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. 11 11/17/86 Resolution No. 86-471 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Council Member Strickler. REQUEST FOR WAIVER FROM STORM DRAIN FEES - TRACT 10979 - EAST OF PINE AND NORTH OF IRVINGTON AVENUES - FORECAST CORPORATION - CONTINUED FROM NOVEMBER 3, 1986 In a memorandum dated October 27, 1986, City Engineer Hardgrave stated that the request for waiver from storm drain fees for Tract 10979 located east of pine and north of Irvington Avenues by Forecast Corporation was continued to allow a survey of surrounding cities to determine policies and dollar impact and provided a proposed guide- line relative to adjusting storm drainage fees. (30) Mayor Wilcox opened the hearing. Discussion was held concerning additional information being needed. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the request for waiver from storm drain fees for Tract 10979 located east of pine and north of Irvington Avenues by Forecast Corporation, be continued to the Adjourned Regu- lar Meeting of the Mayor and Common Council to be held December 8, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. PUBLIC HEARING - INTERPRETATION OF ORDINANCE MC-537 - IMPOSITION OF BUILDING CONSTRUCTION FEES - WILLIAM H. COOPER In a memorandum dated November 7, 1986, City Attorney Prince stated that William H. Cooper has requested that the City interpret the San Bernardino Municipal Code Sec- tion 15.56.040, Subsection D, Ordinance MC-537,as applied to a 22-unit apartment project at 1319 Acacia Street, and requested that said project be exempted from the increase of the Park and Recreation Construction Fee, which became effective June 20, 1986. (31) Mayor Wilcox opened the hearing. William H. Cooper, owner/developer of a 22-unit apartment project at 1319 Acacia Street, stated that his project was in the Planning Department before the adoption of the ordinance requiring his payment of Park and Recrea- tion Construction fees. He stated he had not yet filed a complete set of plans with the Planning Department, but that if he had been advised of the possibility of a fee increase due to pending legislation by the City, he could have filed a complete set before the April 1, cut-off date, or would have been aware that he may possibly need more funding. City Clerk Clark answered a question concerning the publicizing of notification of increases in construction fees, stating that the required newspaper advertisement was made. Individual developers and/or projects already on file in the Planning Department are not required to be notified. Discussion was held concerning methods of making developers with projects in any state of progress aware of pending legislation which might affect their construction. 12 11/17/86 1 william H. Cooper, owner/developer; stated that he had been notified of the change in regulation of lot line adjustments, but did not receive notification of a pos- sible increase in Park and Recreation Construction fees. council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that the hearing be closed; that the request for an exemption under San Bernardino Municipal Code Section 15.56.040, Subsec- tion D (Ordinance MC-537), be denied. POLICY - RA'rES AND FEES INCREASES Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, that the City Administrator be directed to notify all departments whenever any pending fee increase first appears on the agenda, and that they are to post appropriate signs in bold lettering in various departments to indicate to people interested in development that there is an increase pending. RES. 86-472 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13329, LOCATED APPROXIMATELY 620 FEET EAST OF THE CENTER- LINE OF VICTORIA AVENUE, AND SOUTH OF PIEDMONT DRIVE, NORTH OF CITRUS STREET, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECU- TION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (22) City Engineer Hardgrave answered questions regarding the street improvements including three streets, two courts and the middle street being a through street, and stated that the agreement with the Hill-Williams Company for the improvements has been finalized. Council Member Marks made a motion, seconded by Coun- cil Member Frazier and unanimously carried, that said resolution be adopted. Resolution No. 86-472 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. PUBLIC HEARING - AMENDMEN'r OF TI'rLE 6 OF 'rHE SAN BERNARDINO MUNICIPAL CODE - ANIMALS - CONTINUEn FROM SEPTEMBER 22, 1986 This is the time and place continued to for consi- deration of amending Title 6 of the San Bernardino Muni- cipal Code relating to animals, which was continued in order to have a report from the Animal Advisory Commission regarding the proposed amendments. (32) Discussion was held concerning the possibility of having the Legislative Review Committee review the pro- posed amendments. Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the public hearing concerning the amendment of Title 6 of the San Bernardino Municipal Code regarding animals, be con- tinued until later in the meeting when some members of the Animal Advisory Commission can be present. (See page 43) 13 11/17/86 HEARING - APPLICATION FOR GAMES OF AMUSEMENT PERMIT - ANTHONY J. KEALOHA DBA HI SCORES UNLIMITED - 1035 COLLEGE AVENUE, REDLANDS In a memorandum dated September 30, 1986, Chief of Police Donald Burnett recommended denial of a Games of Amusement Permit for Anthony J. Kealoha, dba Hi Scores Unlimited, 1035 College Avenue, Redlands. (33) City Clerk Clark explained the process for applying for Games of Amusement Permits, and the right to appeal denial of the permit. She stated that her office did not receive an appeal from Anthony J. Kealoha as required by San Bernardino Municipal Code Section 5.44.060. Mayor wilcox opened the hearing. Anthony Kealoha, owner of Hi Scores Unlimited, 1035 College Avenue, Redlands, California, stated he was pre- sent to appeal the denial of the Games of illnusement Per- mit. City Clerk Clark stated that an appeal must be sub- mitted in writing, which she had explained to Anthony Kealoha during a telephone conversation. She further stated that she had given Mr. Kealoha an extension in which to submit an appeal, due to personal obligations having kept him from complying with the appeal process. Discussion was held concerning the appeal process. Anthony Kealoha, 1229 Prado Street, Redlands, stated that he had not had a chance to submit an appeal of the denial of his Games of Amusement Permit due to the death of his mother requiring him to go to Hawaii. Anthony Kealoha, owner of Hi Scores Unlimited, an- swered questions regarding whether or not he had had an opportunity to speak with the Police Department regarding the denial of his Games of Amusement Permit. Mayor wilcox suggested that the matter be continued in order to allow Mr. Kealoha an opportunity to speak with the Chief of Police. City Administrator Schweitzer stated that a repre- sentative from the Police Department was on the way to the Council Meeting to answer any questions that Mr. Kealoha might have before continuing with the hearing. Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the matter concerning denial of a Games of Amusement Permit for Anthony Kealoha, dba Hi Scores Unlimited, be continued until later in the meeting. (This item was taken up during the adjourned session 11/18/86. See page 47 ) ADMINISTRATIVE HANDLING OF COMPLAINTS This is the time and place set to discuss the admini- strative handling of complaints as requested by Council Member Marks. (35) Council Member Marks made a motion, seconded by Coun- cil Member Quiel and unanimously carried, that this item be continued to later in the meeting in order for Council Member Marks to have an opportunity to discuss the matter with Mayor Wilcox. (This item was taken up during the adjourned session 11/18/86. See page 47) 14 11/17/86 WAYS AND MEANS COMMITTEE MEETING - NOVEMBER 10, 1986 Council Member Quiel, Acting Chairman of the Ways and Means Committee, presented the report of the meeting held November 10, 1986, at which time the following was dis- cussed: (36) 1. Project 770 Status - The Committee recommended~ha~8he-Mayor and Council reaffirm funding for Rio Vista Park and the requests be amended to reflect the $88,360 remaining in project #770. Discussion was held concerning this item having been previously handled as Agenda Item #7. (See Page 4 2. project Early Outreach - Item con- tinued-to-allow-the-oirec-tor-of Community Development Department to reanalyze the request, coordinate with the County and look at the school drop out allocation as a possible source of funding for this program. 3. Outdoor Sales Fee - The Committee recomffiended-a~ee-oY-$25 for parking lot and sidewalk sale permits with a review of these fees annually. Council Member Quiel made a motion, seconded by Coun- cil Member Hernandez, that the City Attorney be directed to prepare an ordinance requiring a $25 fee for outdoor sales. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Fra- zier. Noes: Council Members Marks, Strickler. Absent: None. 4. & 5. Parade and Outdoor Entertainment Fees Items continued for 30 days to allow staff to review and reanalyze from a positive standpoint. A review of insur- ance and cost impact on City will be pro- vided with the report. 6. Criminal Information History - Item contlnued-to-alloW-additional-Input. A look will be taken at setting up a review committee. 7. Fees for Department of Parks, Recrea- !!~~-&=~om~~~!!Y~~E~!~~~ - All fees ex- cept for Sturges Auditorium were recom- mended for approval. Staff will realign those fees and include them in the Request for Council Action. The Committee further recommended that an amortization separate fund be designated for fees collected at Sturges. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 83-201 ENTITLED IN PART "RESOLUTION ... MODIFYING FEES FOR ... USES OF BUILDINGS, SPORTS FACILITI- ES.. .", AND INCREASING FEES FOR RECREA- TIONAL FACILITIES. (36-7) City Clerk Clark read the title of the resolution. 15 11/17/86 Council Member Quiel made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that further reading of the resolution be waived. council Member Quiel made a motion, seconded by Coun- cil Member Reilly, that said resolution be adopted. Discussion was held concerning the fees itemized in the resolution for modification. Council Member Quiel made a substitute motion, seconded by Council Member Estrada and unanimously car- ried, that the resolution concerning modification of Parks, Recreation and Community Services fees, be con- tinued to later in the meeting in order to get a compara- tive study of the fees. (See page 53) COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. 8. Liabilit Insurance and Cit Co-Spon- soring Activities Parks, Recreation & Community Services) - The Comnittee recom- mended that the present policy remain and no waiver of fees or co-sponsorship be considered by the City. Council Member Quiel made a motion, seconded by Coun- cil Member Marks, that the present policy concerning lia- bility insurance be continued; and that no waiver of lia- bility insurance or co-sponsorship of an event be consi- dered by the City. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Strickler. Noes: Council Member Hernandez. Absent: Council Member Frazier. Discussion was held concerning various possible lia- bility insurance pool arrangements with other cities. Council Member Quiel made a motion, seconded by Coun- cil Member Hernandez and unanimously carried, that staff be directed to report back at the next meeting concerning liability insurance, to include the names of companies contacted, where the market is loosening up, and what the prospect of obtaining liability insurance is in the future. COUNCIL MEMBER HERN&~DEZ EXCUSEn Council Member Hernandez left the Council Meeting. 9. Status of Comprehensive Housing policy - Item continued. Staff will provide the Committee a scope of services and Request for Proposal at its next meeting. 10. ~~cr~~!ment~!~~E~!~_~~!y A~~~ni- strator position - The Committee recom- mended thiS-issue be sent to the Personnel Committee for their action as soon as possible. 11. Review of Outstanding Purchase Orders - Item not heard. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the minutes of the Ways and Means Committee Meeting of Novem- ber 10, 1986, be received and filed. 16 11/17/86 COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. WAIVER OF CONDI'rrONS - PARCEL MAP 9939 - ALTERNATIVE PLAN 3 - HUFF STREET AND ARROWHEAD AVENUE - JOHN DAY - ARROWHEAD-HUFF COMPANY - CONTINUED FROM NOVEMBER 7, 1986 This is the time and place continued to for consi- deration of Alternative Plan 3 relative to a Waiver of Conditions for Parcel Map 9939, located on the southeast corner of Huff Street and Arrowhead Avenue, by John Day of the Arrowhead-Huff Company. (37) In a memorandum dated November 5, 1986, City Attorney Prince outlined the requirements of San Bernardino Muni- cipal Code Section 18.44.020, regarding improvement security. Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, that the matter concerning Alternative Plan 3 relative to a Waiver of Conditions for Parcel Map 9939 by John Day of the Arrowhead-Huff Company, be continued to the Adjourned Regular Meeting of the Mayor and Common Council to be held December 8, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. POLICY - UNDERGROUND UTILITIES - CONTINUEn FROM NOVEMBER 3, 1986 This is the time and place set for consideration of a recommendation of the Legislative Review Committee rela- tive to the City'S policy on underground utilities.(38) Council Member Reilly made a motion, seconded by Council Member StriCkler and unanimously carried, that the matter concerning the City'S policy on underground utili- ties, be continued to the Adjourned Regular Meeting of the Mayor and Common Council to be held December 8, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. REPORT - LEGISLATIVE REVIEW COMMITTEE - REVIEW OF PLANS - SINGLE FAMILY DEVELOPMENTS WITHIN FOOTHILL AREA This is the time and place set to hear a report of the Legislative Review Committee relative to the require- ment of review of plans for single family developments within the foothill area. (39) At the October 20, 1986, meeting of the Mayor and Common Council, the City Attorney was directed to modify the proposed ordinance regulating single-family develop- ment within the foothill area by requiring a public hear- ing before the Development Review corruni ttee. At the November 3, 1986, meeting of the Mayor and Common Council, Planning Director Schuma stated that if this ordinance required a public hearing, it should go before the Planning corrunission rather than the Development Review Committee, because the DRC does not have the pro- cedure for a public hearing as does the Planning Commis- sion. The matter was referred to the Legislative Review Committee for a report back at this time. 17 11/17/86 Discussion was held concerning a time period being imposed as to lots of record coming under jurisdiction of the ordinance. Planning Director Schuma stated that the proposed ordinance is a departure from past practice. Discussion was held concerning the wording "two- story" being incorporated throughout the ordinance, as the ordinance would only apply to two-story developments. Discussion was held concerning the need for City Attorney Prince and Planning Director Schuma to discuss possible changes in the ordinance. Council Member Marks made a motion, seconded by Coun- cil Member Quiel, that the report from the Legislative Review Committee relative to the requirement of review of plans for single family developments within the foothill area, be continued until later in the meeting. (See page 48) The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. POLICY - IDENTIFICATION OF DOCUMENTS The Mayor and Common Council discussed the need to have the date of preparation on all documents, especially those documents to be used as part of the Council Agenda Back-up, for identification purposes. (New Business) Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that all documents from all departments have a date of preparation on each page of the document, and an alphabetical enumera- tion to identify amended pages; and that the City Admini- strator is to coordinate the departments in compliance of this directive. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. LEGISLATIVE REVIEW COMMITTEE MEETING REPORT - NOVEMBER 13, 1986 Council Member Strickler, Chairman of the Legislative Review Committee, provided a report of the Legislative Review Committee Meeting held November 13, 1986, at which time the following items were discussed: (40) 1. Space Plan - Item continued. Staff to provide a comprehensive, coordinated plan indicating financing alternatives/sources and schedule. 2. Colton School Impaction Fees - The Commfttee- recommended -approvaCoffees as formerly presented. 3. Condition Waiver - John Day, Parcel Map 9939-=-rtem-cont""lnued-:-- ci ty-EngTneer to-contact other cities regarding small scale undergrounding. A recommended code is to be pursued and brought back to Com- mittee. 18 11/17/86 l 4. Resolution Authorizing City Personnel Access to Criminal Information History ::Item-COritinued~--CIty -Adm~nlstrator, City Attorney and Police Chief are to explore classes affected, costs, legality, meet and confer issue, source of funding and establishment of a review committee and return to Cownittee. 5. Ordinance to Eliminate the Requirement that Chief of Police Approve the Employ- ment of Special Officers - The Committee recommended--approva~-- The ordinance amendment is attached. 6. Ordinance to Authorize Director of Water Reclamation, Environmental Control Technicians to Issue Notices to Appear for Violations of MC Chapter 13.32 The Committee recommended approval of Items A & B. Ordinances attached. 7. Q~di~~nc~~ut~or~~~~~~ba!~~~~!~ Excessive Vegetation Growth and Inade- quately Maintained Landscaping as a Public Nuisance - Item continued for 30 days to allowstaff time to review the abatement process and means of enforcement. 8. Ordinance to Permit Automobile Sales Agencies in the C-l Neighborhood Commer- cial District Subject to Certain provi- sIons-::-Itemcon Gn-u-ed-.--- City-At tor ney wIII-"clean up" wording of the ordinance and return to Committee. 9., 10. & 11. Single Family Dwellings in Foothill Areas - Continued to November 20 mee'EIng:---P"ranning staff will provide scenario on transfer incentives I'from-toll methods used in other locations and selling rights information. Staffs (Building & Safety, Planning, Engineering) will provide a 250-unit project example and identify all associated costs and fees - what can be waived and what can't. 12. Proposed Clean Indoor Air Ordinance The Committee, after extensive discussion, recommended issue be forwarded to Council to set Public Hearing at 3:00 p.m., December 8, 1986. 13. Ordinance to Restate provisions of ExemptIon:-from-The-Two-sf"arldard-Access Route Requirement for Subdivisions Within and Outside the High Fire Hazard Area - Thec:omrn~ttee-recOffimended-approvaI-of-the attached ordinance. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that the report of the minutes of the Legislative Review Committee Meeting held November 13, 1986, be received and filed. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the ordinances referred to in Items 5, 6, and 13 be continued to the Adjourned Regular Meeting of the Mayor and Common 19 11/17/86 Council to be held December 8, 198,,; in the Council Cham':' bers of City Hall, 300 North "D" Street, San Bernardino, California. REPORT - SUPERINTENDENT OF PUBLIC BUILDINGS - PROPOSED MAINTENANCE CONTRACT FOR CENTRAL CITY MALL - GIBSON BROS. - CON'rINUED FROM NOVEMBER 3, 1986 This is the time and place continued to for consi- deration of a report from the Superintendent of Public buildings regarding a meeting held between City staff, Gibson Bros., and representatives of the Central City Mall concerning a proposed maintenance contract. (41) City Administrator Schweitzer stated that the Central City Mall requested more supervision for the maintenance of the mall. Council Member Marks made a motion, seconded by Coun- cil Member Hernandez and unanimously carried, that the matter concerning a maintenance contract for the Central City Mall, be considered later in the meeting. (See page 49) COUNCIL MEMBER FRAZIER RE'rURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council TEFRA PUBLIC HEARING - MULTIFAMILY MORTGAGE REVENUE BONDS - SANDALWOOD PARK APARTMENT PROJECT This is the time and place set for a TEFRA public hearing concerning the issuance of approximately $8,600,000 principal amount of Multifamily Mortgage Reve- nue Bonds for the Sandalwood Park Apartment project, a 216-unit multifamily rental housing development located near the northwest corner of Baseline Street and Victoria Avenue. (27) Mayor Wilcox opened the hearing. The Mayor and Common Council discussed the issuance of inducements for apartment construction in light of the current excess supply of apartments and the high vacancy factor. Ken Henderson, Director of the Co~nunity Development Department, answered questions regarding alternative uses for the bond monies requested for the Sandalwood Park Apartments project. Joe Levesque, J & J Properties, developer of the Sandalwood Park Apartments Project, spoke regarding the bond he had acquired in good faith for this project, and stated that the lender is willing to go forward with a development loan, regardless of the report of the vacancy factor of apartments in the City. Allen Briggs, Senior Deputy City Attorney, answered questions, stating that the City is under no obligation to go forward with the Sandalwood Park Apartment project. Ken Henderson, Director of the Community Development Department, answered questions regarding the $10,000 deposit from Joe Levesque for administrative costs, and the procedures of a TEFRA hearing and project. Tim Sabo, Redevelopment Agency Bond Counsel, answered questions regarding the refundability of the $86,000 bond to Joe Levesque of J & J Properties, by the State of California, and the results of possible action to not issue the Sandalwood Park Apartments project to the City's allocation of multi-family mortgage revenue bonds from the State of California. 20 11/17/86 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE Crry OF SAN BERNARDINO, CALIFORNIA, RATIFYING THE PUBLICATION OF NOTICE OF PUBLIC HEARING AND MAKING CER'rAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON THE ISSUANCE OF APPROXI- MATELY $8,600,000 PRINCIPAL AMOUNT OF MUL'rIFAMILY MORTGAGE REVENUE BONDS (MER- CURY SAVINGS AND LOAN/SANDALWOOD PARK APARTMENTS PROJECT). (27) City Clerk Clark read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Quiel, that the hearing be closed; that further reading of the resolution be waived and that said resolution be adopted. The motion failed by the following vote: Council Members Reilly, Quiel, Strickler. Noes: Members Estrada, Hernandez, Marks, Frazier. None. Ayes: Council Absent: COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. Council Member Quiel made a motion, seconded by Council Member Hernandez, that staff be directed to re- quest an extension from the State of California on the December 14, 1986, deadline for the allocation of funds from which the $8,600,000 principal amount of proposed Multifamily Mortgage Revenue Bonds for the Sandalwood Park Apartments Project was derived, stating that it is the intention of the City to put together a senior citizen housing project. The motion carried by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Council Member Strickler. Abstain: Council Member Estrada. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that staff be directed to come back in the afternoon session with a resolution indicating the Council's support in requesting the refunding of monies concerning the Sandalwood Park Apartments project, as the City of San Bernardino has decided not to issue the $8,bOO,OOO principal amount of Multifamily Mortgage Revenue Bonds for the project. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the Ways & Means Committee be directed to look into the pos- sible refunding of the $10,000 deposit of Joe Levesque, developer of the Sandalwood Park Apartments project, as the City has decided not to issue the $8,600,000 principal amount of multifamily mortgage revenue bonds for the project. (See page 53) REDEVELOPMENT AGENCY - The Regular Meeting of called to order by Chairman of City Hall, 300 North California. REGULAR ~lEE'rrNG the Redevelopment Agency was Wilcox in the Council Chambers liD" Street, San Bernardino, MAYOR WILCOX EXCUSED - COUNCIL MEMBER FRAZIER, MAYOR PRO TEMPORE Mayor Wilcox left the Council Meeting in the charge of Mayor Pro Tempore Frazier. 21 11/17/86 JOINT PUBLIC HEARING - SALE OF PROPERTY - RIALTO AVENUE A'r INTERSEC'rrON WITH LENA ROAD In a memorandum dated November 10, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, stated that an offer has been received from Novack-Shane, a general partnership, to purchase property located on Rialto Avenue at its intersection with Lena Road, con- tingent upon the offeror being successful bidder in con- structing and leasing a public health clinical services facility for the County of San Bernardino. (R-6) Mayor Pro Tempore Frazier opened the hearing. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions regarding the availability of the property for development. Lawrence Novack of Novack-Shane, answered questions concerning development problems with the property. He stated that he will be meeting with Omnitrans concerning bus service to the area. Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the hearing be closed. RES. 86-473 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF THAT CERTAIN PARCEL OF IDENTIFIED AS APN 279- 261-06 LOCATED ON RIALTO AVENUE AT ITS INTERSECTION WITH LENA ROAD, BY THE COM- MUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, TO NOVACK-SHANE, A PARTNERSHIP. (R-6C) City Clerk Clark read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of the resolution be waived. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Marks, Member Resolution No. 86-473 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier. Noes: None. Absent: Council Strickler. RECESS MEE'rING At 12:15 p.m., Council Member Quiel 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 "D" Street, San Bernardino, California. RECONVENE MEETING At 2:11 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 City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strick- ler; City Attorney Prince, City Clerk Clark, City Admini- strator Schweitzer. Absent: None. 22 11/17/86 REQUEST FOR DENSITY TRANSFER - RE-ALLOCATION OF HOUSING UNrrS - HIGHLAND HILLS PROPERTIES - CONTINUED FROM NOVEMBER 3, 1986 In a memorandum dated November 7, 1986, Planning Director Schuma stated that the matter concerning a re- que st for density transfer regarding the re-allocation of housing units for the Highland Hills properties, was con- tinued at the request of the applicant, William Smith, in order to resolve differences in interpretation of the Highland Hills Specific Plan. (45) A meeting was held Thursday, November 6, 1986, be- tween staff and William Smith, developer, to discuss the Highland Hills Specific Plan. Council Member Marks made a motion, seconded by Coun- cil Member Quiel and unanimously carried, that the request of William G. Smith, Highland Hills Properties, for den- sity transfer, be referred to the Planning Commission and staff to permit density transfer in accordance with all requirements of the Specific Plan. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. APPEAL HEARING - PLANNING COMMISSION'S DENIAL - CONDITIONAL USE PERMIT 86-40 - OFF-SALE ALCOHOLIC BEVERAGE PERMIT - ALBERT MAMLOUK - 7-TEN STORE - 771 NORTH "D" STREET This is the time and place set for a hearing con- cerning an appeal received from Albert Mamlouk of the 7-Ten Food Store, 771 North "D" Street, San Bernardino, on the Planning Commission's decision of denial of Con- ditional Use Permit 86-40 to permit the off-site sale of alcoholic beverages within an existing convenience store located at 771 North "D" Street, in the C-4 Central Busi- ness District. (46) Mayor Wilcox opened the hearing. W. R. Holcomb, 505 N. Arrowhead, attorney for Appli- cant Albert Mamlouk, presented a petition to City Clerk Clark with 110 signatures in support of the 7-Ten Food Store's application for an off-sales alcoholic beverage permit. He stated there was no neighborhood opposition to the permit. Captain Mike Lewis of the Police Department, answered questions of the Council, stating that the 7-Ten Store is in District 550, which has the fourth highest crime rate in the City. The first, second and third highest crime rate districts are in the immediate surrounding area of District 550. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing be closed. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the recommendation of the Planning Commission to deny the off-sale alcoholic beverage permit to the 7-Ten Food Store, be rejected, and that Conditinal Use Permit 86-40, be granted. The motion carried by the following vote: Council Members Estrada, Reilly, Marks, Strickler. Council Member Hernandez, Frazier. Absent: Member Quiel. Ayes: Noes: Council 23 11/17/86 COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the council Meeting and took his place at the Council Table. HEARING - S & S MEAT PRODUC'rS - 1389 Vi. MILL STREET - CONTINUED FROM NOVEMBER 3, 1986 This is the time and place continued to for a hearing concerning the operation of S & S Meat Products, 1389 W. Mill Street, San Bernardino. (47) Mayor wilcox opened the hearing. Ken Skousen, attorney for S & S Meats, was present to request a continuation on the matter, as plans and costs are being developed for a device to reduce odors of the plant. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the matter concerning S & S Meat Products be continued to the Adjourned Regular Meeting of the Mayor and Common Council to be held December 8, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. VERDEMONT AREA PLAN CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT - CHANGE OF ZONE 86-15 - CONTINUED FROM OCTOBER 20, 1986 This is the time and place continued to for certi- fication of the Final Environmental Impact Report of the Verdemont Area Plan and Change of Zone No. 86-15. (44) Vince Bautista, Principal Planner, provided a packet of recommendations made by the Legislative Review Commit- tee regarding standards proposed in the plan, and answered questions concerning the recommended changes. Albert Lanzaneeze, property owner in the Verdemont area, requested that the zoning of his property not be changed. William Shum, California State University San Ber- nardino, was present to answer questions and introduced Dr. Jim Mulvilhill. Dr. Jim Mulvilhill, California State University San Bernardino, read a letter from Anthony H. Evans, President of California State Uni versi ty San Bernardino, dated November 17, 1986, concerning opinions and suggestions about specific elements of the Verdemont Area Plan. Helen Kopcynski, 8150 Cable Canyon Road, requested information regarding the landscape assessment district for Frontage Road, and stated that the Verdemont Area Plan and the General Plan are inconsistent with one another. Rick Levine, 2278 Sheridan Road, expressed concern regarding high density zoning in the Verdemont area. Vince Bautista, Principal Planner, answered questions and stated that some parcels are zoned by the County of San Bernardino. Discussion was held concerning the omission of the Mojave Indian Trail. 24 11/17/86 Diane Hedgecock, 1994 Sheridan Road; expressed con- cern regarding the high density zoning in the Verdemont area, and engineering plans that may enhance the danger of flooding in the area. vince Bautista, Principal Planner, stated that the flooding problems of the Verdemont area are addressed in the Environmental Impact Report. Helen Kopcynski, 8150 Cable Canyon Road, spoke re- garding Ule City's responsibility for storm drainage. Frank Schuma, Planning Director, stated that the storm drain for the Verdemont area is a cooperative effort between the City and County of San Bernardino. Barbara Roberts, resident of the Verdemont area, expressed concern over the loss and/or condition of the riding and hiking trails, especially in the Ridge Creek Estates area. Joe Bonadiman, developer of an apartment project in the Verdemont area, discussed a plan revision for his project and sewer fees. Diane Hedgecock, 1994 Sheridan Road, expressed con- cern over the high density, 300-unit apartment complex being developed by Mr. Bonadiman. Frank Schuma, Planning Director, stated that under the new plan, the area in which the apartment complex is being developed would be zoned R-l. Joe Bonadiman, developer, stated that the permits have been approved for his project and that grading has begun. Frank Schuma, Planning Director, answered questions regarding pending projects in the area. Council Member Quiel made a motion, seconded by Coun- cil Member Strickler, that if Bonadiman, developer of the project in the Verdemont area, requests an extension of his permit, that the extension come before the Council for approval. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strick- ler. Noes: Council Member Hernandez. Absent: Council Member Marks. Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that the hearing be closed. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. Council Member Quie1 made a motion, seconded by Coun- cil Member Frazier and unanimously carried, that the Final Environmental Impact Report and Addendum prepared for the Verdemont Area Plan be certified; that the Verdemont Area Plan be adopted; that Change of Zone No. 86-15 be ap- proved; that the Negative Declaration for the proposed ordinance amendment be approved; and that the proposed ordinance amendment be adopted with the changes as sub- mitted on the draft form derived from the Legislative Review Committee hearings, as well as the proposed change in zoning on the one piece of property in Devil's Canyon from R-1-40 to R-1-5. 25 11/17/86 COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. RES. 86-474 - RESOLUTION OB THE CITY OF SAN BERNARDINO CERTIFYING THE FINAL EN- VIRONMENTAL IMPACT REPORT AND ADDENnUM, AND ADOPTING GENERAL PLAN AMENDMENT NO. 86-3 (THE VERDE MONT AREA PLAN). (44) City Clerk Clark read the title of the resolution. Council Member Quiel made a motion, seconded by Coun- cil Member Frazier and unanimously carried, that further reading of the resolution be waived, and that said reso- lution be adopted. vote: Quiel, Member Resolution No. 86-474 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Marks. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING CERTAIN PARCELS OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCOR- PORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE, ACCORDING TO EXHIBITS "A" AND "B" (PETI- TION NO. 86-15, VERDE MONT AREA PLAN). FIRST (44) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 19 OF THE SAN BERNARDINO MUNICIPAL CODE TO CREATE THE R-1-40 ACRE AND THE PF PUBLIC FACILITIES ZONES AND ESTABLISHING REGULATIONS FOR THEIR USE. FIRST (44) City Clerk Clark read the titles of the ordinances. Council Member Quiel made a motion, Council Member Strickler and unanimously further reading of the ordinances be waived ordinances be laid over for final reading. seconded by carried, that and that said (This item was brought up later in the meeting. See page 28) COUNCIL MEMBER MARKS RETURNEn Council Member Marks returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. PARKS, RECREA'rrON AND COMMUNITY SERVICES AUDIT - ARTHUR YOUNG COMPANY This is the time and place set for discussion as requested by Council Member Estrada of the Parks, Recrea- tion and Community Services Audit prepared by the Arthur Young Company. (34) Council Member Estrada made a motion, seconded by Council Member Hernandez and unanimously carried, that the discussion relative to the Parks, Recreation and Community Services Audit prepared by Arthur Young Company be con- tinued to a luncheon workshop to be held December 8, 1986. The Council Office is to change any previous arrangements made for that time. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. 26 11/17/86 COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. REDEVELOPMENT PLAN AMENDMENT - SENATE BILL 690 In a memorandum dated November 10, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, proposed eight ordinances in order to meet the requirements of SB 690, which provides that all projects adopted prior to October 1, 1976, require adoption of an ordinance by December 31, 1986, amending the Community Redevelopment area plans. (R-2) City Clerk Clark read the titles of the following eight ordinances. AN ORDINANCE OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, AMENDING THE REDEVELOP- MENT PLAN FOR THE MEADOWBROOK PARK REDE- VELOPMENT PROJECT (MEADOWBROOK PROJECT NO. 1) AN ORDINANCE OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, AMENDING THE REDEVELOP- MENT PLAN FOR THE CENTRAL CITY PROJECT NO. 1. AN ORDINANCE OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, AMENDING THE REDEVELOP- MENT PLAN FOR THE STATE COLLEGE REDEVELOP- MEN'r PROJECT NO.4. AN ORDINANCE OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, AMENDING THE REDEVELOP- MENT PLAN FOR THE CENTRAL CITY NORTH REDE- VELOPMENT PROJECT. AN ORDINANCE OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, AMENDING THE REDEVELOP- MENT PLAN FOR THE CENTRAL CITY WEST REDE- VELOPMENT PROJECT. AN ORDINANCE OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, AMENDING THE REDEVELOP- MENT PLAN FOR THE CENTRAL CITY EAST REDE- VELOPMENT PROJECT. AN ORDINANCE OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, AMENDING THE REDEVELOP- MENT PLAN FOR THE CENTRAL CITY SOUTH REDE- VELOPMENT PROJECT. AN ORDINANCE OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, AMENDING THE REDEVELOP- MENT PLAN FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT. FIRST (R-2a) FIRST (R-2b) FIRST (R-2c) FIRST (R-2d) FIRST (R-2e) FIRST (R-2f) FIRST (R-2g) FIRST (R-2h) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimous ly carried, that further reading of the ordinances be waived. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions regarding the ordinance for Central City Project No.1. Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried, that the eight ordinances be laid over for final reading. 27 11/17/86 DEVELOPMENT AGREEMENT - SOUTHERN CALIFORNIA GAS COMPANY - CEN'rRAL Crry SOUTH PROJECT AREA In a memorandum dated November 10, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, stated that the Southern California Gas Company has studied alternative locations for outdoor storage, and has made the decision to stay at their present location. Staff is preparing a proposed agreement for review by the Southern California Gas Company. (R-4) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the development agreement with the Southern California Gas Company be referred back to the Redevelopment Agency Com- mittee to report back to the Council. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. SIMA DEVELOPMENT - ~nLL AND "G" STREETS In a memorandum dated November 12, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, requested consideration of the sale of land located at the northeast corner of Mill and "G" Streets to Sima Development. (R-9) Glenda Saul, Executive Director of the Redevelopment Agency, answered questions concerning the proposed sale. Council Member Reilly made a motion, seconded by Council Member Estrada, that the sale of Redevelopment Agency property located at the northeast corner of Mill and "G" Streets to Sima Partnership No.1, be approved in concept, and that a joint public hearing be set for December 22, 1986, at 11:00 a.m., to consider the sale of land on the north side of Mill Street at the corner of Mill and "G" Streets. The motion carried by the following votes: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier. Noes: Council Members Hernandez, StriCkler. Absent: None. VERDEMONT AREA PLAN - FINAL ENVIRONMENTAL IMPACT REPORT - CHANGE OF ZONE NO. 86-15 The matter of the Final Environmental Impact Report concerning the Verdemont Area Plan and Change of Zone No. 86-15, was brought back for further discussion. (See page 26) (44) Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that staff be directed to review the two matters addressed in the letter dated November 17, 1986, from California State University of San Bernardino, regarding "Scenic Highways and Community Development and Design" and "Noise and Housing" as they relate to the General Plan, and work with the university in reviewing and up-dating those two ele- ments for incorporation into the General Plan in a report back to the Council. NORMAN FELDHEYM CENTRAL LIBRARY - APPROVAL OF ARBITRATION AWARD - MAVERIC CONSTRUCTION In a memorandum dated November 10, 1986, City Engi- neer Hardgrave stated that the arbitrator for the contract for work performed on the Norman Feldheym Central Library by Maveric Construction has issued an award to Maveric Construction dated October 17, 1986, in the amount of $16,017.80. (RS-2) 28 11/17/86 Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that the authorized contract price for construction of concrete for the New Central Library, per Plan No. 6457, be increased by $9,946.00 in order to allow payment of the arbitration award of $16,017.80, plus any accrued interest, to Maveric Construction. RECESS MEETING - CLOSED SESSION Council Member Hernandez made a motion, seconded by Council Member Estrada and unanimously carried, that the meeting be recessed to Closed Session pursuant to Govern- ment Code Section 54956.9(b) to discuss threatened or pending litigation, and Section 54956.9(a) to confer with attorneys regarding pending litigation in the case of Operation Second Chance, U.S. Bankruptcy Court for the Central District of California, Case No. 86-02889-DN. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strick- ler; City Attorney Prince, City Administrator Schweitzer. Absent: None. Also present were: Executive Director of the Rede- velopment Agency Glenda Saul, Bond Counsel Allen Briggs, Special Counsel William Simon. RECONVENE MEETING At 7:10 p.m., the Regular Meeting of the Mayor and Common Council reconvened at Sturges Auditorium, 790 North "E" Street, located at Eighth and "E" Streets in San Ber- nardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: City Clerk Clark. APPEAL - REVIEW OF PLANS 86-51 - NEGATIVE DECLARATION FOR MOUNTAIN SHADOWS APARTMENT PROJECT - STUBBLEFIELD ENTERPRISES - JIM SMITH - CONTINUED FROM NOVEMBER 3, 1986 This is the time and place continued to for consi- deration of an appeal filed by Jim Smith, 3963 E. Croyden Street, San Bernardino, of the Planning Commission's deci- sion to issue a Negative Declaration for the Mountain Shadows Apartment project and environmental impact for Review of Plans No. 86-51, located between the northern terminus of La praix Avenue and Citrus Street, by Stubble- field Enterprises. (48) On October 21, 1986, the Planning Commission held an appeal hearing on the decision of the Environmental Review Committee to grant a Negative Declaration for Mountain Shadows Villas. The Planning Commission upheld the deci- sion of the Environmental Review Committee for the issu- ance of a Negative Declaration. !~~~E~i~~! - Ron Running, Senior Planner, gave an overview of the project, which includes 492 multiple family units to be built in four phases. The property was annexed into the City in 1968 and received its current zoning designation of R-3-2000, which would allow a maxi- mum yield for this project of 600 units. The General Plan 29 11/17/86 Designation received in 1975; with the Highland General Plan; is eight to fourteen units per acre. Amenities include a two-story recreational building, three pool and spa areas, jogging trails, laundry facilities, four picnic areas and a greenbelt. The environmental concerns that were evaluated in the project consisted mainly of traffic, geology, seismic, fire safety, community facilities and grading. Flood - Ron Running, Senior Planner, described how flood-control and drainage will be handled by way of sur- face streets and existing storm drain facilities. No downstream mitigation measures are recommended, as exist- ing facilities are adequate to contain the minor increase in flows anticipated. Grading - Grading of the project will be accomplished with approximately 350,000 cubic yards of cut and fill. Grading will be contoured to simulate natural slopes. Slopes will be no steeper than two to one and all slopes will be planted to prevent erosion. An erosion control plan will be required during construction, prior to the issuance of any grading permits. Traffic - The traffic consultant for Applicant John Stubblefreld-estimated that approximately 69% of the traf- fic generated from the project will be via Citrus to Palm Streets, and 31% will go out through La praix Avenue. The project will generate 3,200 trips per day. A portion of Palm Avenue, between Citrus and piedmont Streets, will be widened to mitigate traffic flow on Palm Avenue. parking will be prohibited on the west side. A left turn pocket will be installed on Highland Avenue at Denair Avenue. Additional turn pockets will be installed prior to the occupancy of any phase. Additional stop signs may be added. As modified above, the existing street systems will be adequate to handle the traffic from this develop- ment. Also of concern is the 265 acres in private ownership to the north, which may develop into as many as 800 units or more in the future. Traffic from a future project to the north would pass through this proposed project. Fire Safety - The project is in a high fire hazard area located-1n~he City/County Greenbelt program. The project has been designed to meet all the standards of this program. The greenbelt surrounding the project will be irrigated to withstand a wildland fire threat from the north. Q~ol~~L~ei~mic - There are two fault systems at the site. A fifty foot setback area has been established accordingly. ~~~~~l-I~~~!!on - Approximately 350 additional students will be generated from this project. The appli- cant will pay school impaction fees accordingly. Sewer Capacity - The applicant has obtained the necessary-sewer-capacity rights for completion of the first two or three phases of the project. Environmental Review Committee/planning Commission - The Environmental Review Committee issued a Negative Declaration. That decision was appealed to the Planning Commission and was reaffirmed by the Commission. The negative declaration has now been appealed to the Mayor and Common Council. 30 11/17/86 Jim Smith, 3963 E. Croyden Street, read his letter dated October 22, 1986, addressed to the City Clerk of the City of San Bernardino, formally appealing the Planning Commission 'os decision to issue a Negative Declaration for the Mountain Shadows Villas project, expressing concern over the impact of the project on existing overcrowded schools. John Stubblefield, applicant, 2258 Bradford, High- land, addressed the issue, and stated that Stubblefield Enterprises will be paying over $750,000 in school impac- tion fees for this project. He answered questions regard- ing school crowding and traffic at Serrano and Bonnie Oehl schools and spoke regarding his meetings with the schools to mitigate this concern. Planning Director Schuma answered questions regarding the traffic impact issue at existing schools. Doris Anderson, 2828 Palm Avenue, stated that her family owns a 100 year old Victorian home on Palm Avenue, and spoke regarding the effect this project will have on her home. The widening of Palm will require the relo- cation of her garage, will affect her frontage, will re- move a historic cistern and remove avocado and eucalyptus trees. Her other comments addressed the San Andreas fault near the project, the density, development on foothill slopes, high fire hazards, cumulative effect of traffic and routing this traffic through residential areas. Mrs. Anderson read from an Attorney General's opinion that states that if it becomes apparent, after the comple- tion of a Negative Declaration, that a project may have a significant effect on the environment, an EIR must be prepared. She requested that the Council require an EIR. Gary Rasmussen, 1811 S. Commercenter West, reported on the engineering and geology report he prepared at the request of the opponents to the project. The report is based on public documents on file with the City of San Bernardino. Mr. Rasmussen stated that a geologic report dated May 17, 1979, was prepared on the site by pioneer Consultants, in order to satisfy Alquist-Priolo Special Studies Zone requirements. On April 21, 1980, the Mayor and Common Council adopted specific procedures for application and implementation on all geology reports prepared in the City of San Bernardino. These procedures specifically provided guidelines for environmental issues. In reviewing the geologic reports, Mr. Rasmussen found several items that do not appear to conform with the adopted guidelines as to engineering geologic reports, which are requirements im- posed by the City in addition to Alquist-priolo Special Studies Zone requirements. The Rasmussen Report addressed the issues of fault- ing, slope stability and general environmental impact. Mr. Rasmussen spoke at length about a large landslide shown on a published map by the United States Geological Survey, which he referred to as a major geologic hazard. Another consideration presented is the ground lurching potential due to the proximity of the fault and the stability of the slopes. Mr. Rasmussen cautioned the City about the liability potential resulting from allowing this development, and cited other lawsuits against cities which have allowed this type of development. 31 11/17/86 Clyde Sweet, Manager of the Transportation Division of Ludwig Engineering, 109 E. Third Street, San Bernar- dino, California; presented a report prepared at the re- quest of Attorney Peter Brekhus, representing the opponents of the project. Using the City's calculations and th traffic impact study performed by Robert wirts; Traffic Engineer, Mr. Sweet reported on the level of traffic service for two street sections: La praix Avenue north of piedmont Drive and Palm Avenue, and the south leg of Palm Avenue and Citrus Street. Mr. Sweet explained the Levels of Service used to measure traffic impact. The levels range from "A" which is best, to Level "F" which is poorest. The present con- dition existing on Palm and Citrus Avenues is Level of Service "B". The apartment traffic would change that Level to "D". The mitigation measures from the widening of Palm Avenue would lower the level to "C", but the addi- tion of 200 vehicles would lower the level to "E". The existing service at La praix Avenue and piedmont Street is Level "B". The development of the apartments and the mitigation measures would change the level to "CR. The impact of adding 200 vehicles would change that level to "Ell. Mr. Sweet read the definition of Level of Service "D" as representing high density but stable flow, speed and freedom to maneuver are severely restricted, and the driver and/or pedestrian experiences a poor level of com- fort and convenience. Small increase in traffic flow will generally cause operational difficulty at this level. Mr. Sweet answered questions. He stated that he had not included the total cumulative traffic effect that a future development of the 265 acres to the north of the proposed apartments might generate. In answer to Council questions, Mr. Sweet stated that if he had taken into account the cumulative impact to traffic from acreage north of the proposed apartments, that it would have a negative impact upon the traffic condition already impacted negatively, in his view, by the apartment project. City Attorney Prince agreed. Roger Hardgrave, City Engineer, answered questions and stated that the proposed width for Palm Avenue at Citrus Avenue is a 100 foot right-of-way and seventy-two feet between curbs between Highland Avenue and piedmont Street. North of piedmont Street, it will be reduced to an 80-foot right-of-way and sixty-four feet between curbs. Peter Brekhus, Attorney, 813 "D" Street, San Rafael, California, representing the opponents, addressed the issue of flood control. By the use of a map, Mr. Brekhus showed the drainage. He also referred to a letter dated July 10, 1986, from the Flood Control District, which refers to the lack of storm drain facilities downstream on Highland Avenue. Mr. Brekhus questioned a Planning Department report that states that no downstream miti- gation measures are proposed since the existing downstream drainage facilities are adequate to contain the minor increases in flows anticipated. Mr. Brekhas felt that the Planning Department's findings do not fully reflect the concerns of the Flood Control District, and that further study should be done. Mr. Brekhus addressed the issue of the Environmental Review process under state law, which states that public agencies should not approve projects as proposed if there are feasible alternatives or mitigation measures available to substantially lessen the impact. He cited case law and state policy, which states that if there is any doubt on what type of decision the public agency should make, the decision should go to the side of caution and on the side 32 11/17/86 of fully analyzing the environmental impact. The state law requires that the City must find that a project may have a significant effect on the environment if either of the following conditions exist: potential to degrade quality of environment, or if the environmental effects of the project will cause substantial adverse effects on human beings. The lives of people around the project must be considered. A project is considered to have significant impact if it will: conflict with adopted environmental goals of the communi ty; induce substantial growth or concentration of population; cause an increase in traffic; cause substan- tial flooding, erosion or siltation; disrupt or divide physical arrangement of an established community; inter- fere with emergency plans or emergency excavation plans. Also, the Council may consider the social impact a project may have. Mr. Brekhus presented an article from The Sun, re- garding existing overcrowding of schools. He explained how this project would have a social impact on surrounding homeowners. Mr. Brekhus also pointed out that the law says that if there is a large body of opinion that be- lieves the effects to be adverse, the Mayor and Council must consider their opinion in making the determination. Another factor triggering on EIR is the disagreement of the experts. RECESS MEETING Mayor wilcox ordered a five-minute recess. RECONVENE MEETING The meeting reconvened at Sturges Auditorium, 790 North "E" Street, at the corner of Eighth and "E" Streets, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: None. Albert Kelly, Conservation Committee member of the Sierra Club, read a letter speaking to the environmental considerations and requesting a full EIR. Dan Rowand, Brian Walter and Damian Secore gave a skit on wildland preservation and the need for a full EIR. Heather Barnett and Kathy Clark read a poem and also requested the preparation of an EIR. John Stubblefield, applicant. requested that all expert testimony and issues to be raised by Mr. Brekhus be brought out before he proceeded with his presentation. Mr. Brekhus requested reservation of the right to respond to Mr. Stubblefield. John Stubblefield, applicant, gave a history of the actions of the Environmental Review Committee which voted unanimously, and the Planning Commission, which voted five to two after several hours of testimony to grant an en- vironmental clearance. John Stubblefield addressed the flooding issue. He explained the calculations on and improvements to the Small Canyon Channel and Baldridge Channels. In 1978, calculations were made on the Baldridge Creek Channel 33 11/17/86 which ensured that when that channel is extended to this project, that it was sized to adequately accommodate this project and future developments. Mr. Stubblefield stated that they had gone a step further and had calculated the run-off, which would occur with the development of single family units as opposed to the proposed multiple family project. Using the average home size of 1,800 square feet with densities identical to the homes to the south and east, the amount of hard sur- face created by single family homes would be three-tenths of one percent greater than this proposed apartment pro- ject. Yet, the opponents have stated that they would not object to a single family housing project on the site. Mr. Stubblefield stated that the Flood Control Dis- trict has no intention of constructing improvements as identified in CSDP No.6. However, this apartment project will contribute substantial funds toward CSDP No.6. None of the other homes which currently contribute to the existing downstream condition have contributed any dollars toward improvement of CSDP No.6. The Stubble fields and their engineer have devised a plan by which the development will contribute absolutely nothing in the way of additional storm run-off. Even though the apartments will be contributing no additional run-off, the development will still have to pay substan- tial dollars to CSDP No.6. Mr. Stubblefield stated that there were misleading statements that the project would run-off into the Small Canyon Debris Basin, and that the Mayor and Common Council should be aware that the project is situated well below the Small Canyon Basin and will contribute nothing to that basin. Mr. Stubblefield read a letter dated November 17, 1986, from the Flood Control District, stating if further development in the watersheds will significantly increase downstream flows to Baldridge Creek or Small Canyon, this development can easily mitigate the incremental increase in flows. It explained how flow attenuation can be accom- plished by restricting catch basin openings and green- belting. Bill McKeever, engineer for the project, 647 North Main Street, Riverside, explained how this project will mitigate flood conditions in the area. Mr. McKeever answered questions as to when the flood mitigation measures were proposed for the project, and regarding his engineering calculations on run-off for the single family as opposed to the three-story apartment project. He stated that in these calculations, he did not take into consideration the cumulative effect of the com- bined run-off from the Stubblefield project and a possible future development on the 265 acres located north of the site. Mr. McKeever also explained that run-off generated from a project is based upon the amount of impervious surface and if they were to do calculations on a two-story project as opposed to a three-story project on the same site, they would come up with basically the same amount of coverage on the site as far as impervious area is con- cerned. There would still be the same net effect on the drainage. Mr. McKeever answered questions of the Council re- garding communications with the Flood Control District. 34 11/17/86 Mr. Arnold Stubblefield reiterated the statements of Mr. McKeever and Mr. John Stubblefield, that this project will contribute zero incremental flows. Roger Hardgrave, City Engineer, stated that the Flood Control District will not ever give an absolute guarantee on whether a project will have a significant effect. He stated that it is his opinion that this project will not have a signficant downstream effect. He added that future projects will be considered when they are proposed. Cynthia Grace, Deputy City Attorney, stated that CEQA requires the public agency to identify the cumulative effects of a project insofar as it is reasonable and prac- tical to do so. The principal of cumulative effect is not foreign and it furthers the objectives of CEQA. However, it would take a conceptual grading plan in order to deter- mine cumulative effect. John Stubblefield requested that the record reflect that on their property to the north, no conceptual plans have been developed that would allow that assessment to be made. Mr. Stubblefield addressed the geology issue. Mr. Rasmussen's testimony at the Planning Commission meeting and his report indicate that he questioned the faulting and an ancient landslide, and whether a structural engi- neer had been hired to review the development. Mr. Stub- blefield stated that a structural engineer had reviewed the project. The Stubble fields reviewed the geology work performed by Gary Rasmussen on the Amber Hills tract north of pied- mont Street in San Bernardino, to see what Mr. Rasmussen would have done differently. Amber Hills is a larger tract in terms of acreage and in terms of the amount of dirt being moved, but occupies the same foothill environ- ment as the Mountain Shadows Villas project. However, Mr. Rasmussen's report and conclusions on that project were found to be identical to the report and conclusions on the Mountain Shadows Villas. Mr. Stubblefield read from portions of Mr. Rasmus- sen's Amber Hills report, which coincide with the Stubble- field's geology report on the Mountain Shadows Villas, especially with regard to earthquake faults and trenching therefor. Mr. Stubblefield stated that every item presented in earlier testimony by Mr. Rasmussen has been addressed and can be mitigated. Traffic issues were addressed by Mr. Robert Wirts, former City Traffic Engineer, and a consultant for the Mountain Shadows Villas project. Robert Wirts, Traffic Consultant, reported on traffic growth in general and the traffic that this project will create. He referred to a SCAG report on traffic growth in San Bernardino County. He stated that with the new de- velopment at the intersection of Piedmont Street and La praix Avenue, the Level of Service would be "A". The traffic today on Siene Avenue is the same as the traffic will be on La Praix Avenue after the project is built. Mr. Wirts used a transparency to show peak hour traf- fic flows and stated that there is not enough traffic generated by the project to result in a congestion prob- 35 11/17/86 lem. He also stated that the Level of Service at the intersections of piedmont Street and La praix Avenue and at Palm and citrus Avenues are Level "A", and that City staff will support this. He recommended that Palm Avenue be widened to comply with the ultimate plan. Mr. Wirts briefly addressed the emergency access issue and what happens in tile event on an 8.5 earthquake. Mr. Wirts answered questions regarding the differ- ences between his traffic impact report and Mr. Sweet's. City Traffic Engineer Peter Liu answered questions. He stated he had not received Mr. Sweet's report. Messrs. Brekhus and Stubblefield answered questions regarding the exchange of consultant's reports. Traffic Engineer Liu used transparencies to show the existing traffic conditions in the area. The worst scen- ario is the evening peak hour traffic. Mr. Liu gave the traffic count for the intersections of Piedmont Street and La praix Avenue, and Citrus and Palm Avenues, and then showed a transparency of composite traffic after develop- ment of the proposed project. He further stated that his calculations indicate Level of Service "A" at the intersection of La praix Ave- nue and Piedmont Street, which concurs with the report of Traffic Engineer Bob Wirts. The traffic at the intersec- tion of Citrus and Palm Avenues is operating at Level "B". At these Levels of Service, traffic volume is at free flow conditions with plenty of ways to maneuver. The capacity of the streets is able to handle whatever traffic is generated by the proposed project. Looking at the cumulative flow that would occur if development took place on the 265 acres to the north, 510 units, the Level of Service at Citrus and Palm Avenues would only decrease to Level "C". At the time of this future development, the City might have to consider an additional street linking to the west. Mr. Liu, Traffic Engineer, described the mitigation measures in this project and stated that with the measures the traffic impact can be properly mitigated. Mr. Liu, Traffic Engineer, answered questions regard- ing traffic on Palm and Citrus Avenues, and stated that his report is based on the widening of Palm Avenue as proposed. He also answered questions on his calculations for cumulative flow from the 265 acres being based on 510 units as compared to a possible maximum of 900 units. John Stubblefield. applicant, explained that road patterns are based on the best physical location for the road. He summed up his comments and added that in order for many of these homeowners to be here tonight and to have a home in the hills at all is because some developer overcame the objections of another group of homeowners that did not wish to share the foothill environment. He asked the Council to look at the true motives of the pro- testers and enumerated his perception of their motives. Bob Wirts, Traffic Engineer, answered questions re- garding his traffic study. John Stubblefield answered questions regarding the historical value of Mrs. Anderson's home on Palm Avenue. He stated that the State Historical Society told him that her home does not qualify as a historical monument. 36 11/17/86 -l Mrs. Anderson responded, stating that her home is under review by the state and spoke regarding the widening of Palm Avenue, which will destroy a citrus irrigation system on her property. Planning Director Schulna answered questions regarding the environmental checklist. John Stubblefield pointed out that the widening of Palm Avenue near Mrs. Anderson's home was suggested by the City and as an alternative the City could prohibit parking on Palm Avenue. Darlene Fischer, attorney for Stubblefield Enter- prises, with the firm Hill, Farrer & Burrill, referred to two letters, one dated October 31, 1986, and one dated November 17, 1986, which she submitted to the Mayor and Common Council. She addressed some of the legal points on environmental review, which she stated Mr. Brekhus failed to mention in his presentation to the Mayor and Common Council. The CEQA guidelines provide that the public agency shall issue a negative declaration where revisions are made or agreed to be made by the applicant, which avoid or mitigate effect to the point where no significant effect would occur. The Mayor and Common Council must now determine whether or not after the application of the mitigation measures there will be significant effect. Ms. Fischer read the guidelines for determining sig- nificant effect. The elements: substantial increase in traffic; substantial flooding, erosion or siltation; ex- poses people or structures to major geologic hazards. Ms. Fischer, referring to expert reports and testi- mony, stated that in reviewing the evidence presented, it is impossible for the Mayor and Common Council to find that this type of substantial or significant effect is present. She reminded the Council that not only must they find that the effect is significant, it must be based on substantial evidence, which has recently been defined by a California court as evidence of ponderable legal signifi- cance, credible, of solid value. Attorney Fischer addressed the issue of cumulative effect, which would result from the development of 265 acres north of the proposed apartment project. She stated that the California Environmental Quality Act does not require the public agency to consider speculative impact. Cumulative effects include current projects under review as well as probable future projects. The case of San Franciscans for Reasonable Growth v. City and County-of San Francisco, defines probable future projects as proj- ectS-whicllhave been approved, projects under construction and closely related projects under environmental review. This case did not even go as far as to include projects which have been formally announced. Ms. Fischer stated that the Council is not under obligation to consider the cumulative impact of the 265 acres north of the project and it would be inequitable to impose on this developer a requirement that is not imposed in the law. Ms. Fisher referred to a statement by Mr. Brekhus that the Mayor and Common Council must consider economic and social changes, and stated that under CEQA economic and social changes per se are not deemed to be significant effects unless they result in physical changes. 37 11/17/86 Ms. Fisher referred to a transparency presented by Mr. Brekhus outlining a CEQA guideline. As he deleted the last sentence of this guideline, Ms. Fischer read it in full as follows: "section 15064 C: In determining whether an effect will be adverse or beneficial, the lead agency shall consider the views held by members of the public in all areas affected. If the lead agency expects that there will be a substantial body of opinion that considers or will consider the effect to be adverse, the lead agency shall regard the effect as adverse..." (This is where Mr. Brekhus stopped). The rest of the section reads, "...Before requiring the preparation of an EIR, the lead agency must still determine whether environmental change itself might be substantial". She also stated that the only time serious public controversy can become an issue is when the case is mar- ginal. In this case, the evidence is overwhelmingly in favor of the mitigation efforts that have been carried out on this project. Ms. Fischer stated that the appeal from the Environ- mental Review Committee to the Planning Commission was not properly filed as it was not in writing as required by City codes and resolutions. Therefore, the action of the Environmental Review Committee is final and the appeal is of no effect. Ms. Fischer reasserted their position that they be- lieve it is inappropriate for Council Member Marks to vote on this issue because it denies due process to the appli- cant when a voting member is both an ajudicator and an advocate, because of the inability of Mr. Marks to be impartial. City Attorney Prince addressed Ms. Fischer's con~ents about Council Member Marks and supported Mr. Marks' right to express his views, represent his constituency and par- ticipate in the debate and voting. Ms. Fischer answered questions regarding the issue of social and economic impact resulting in physical changes. Overcrowding of schools was used as an example of a phys- ical effect. Ms. Fischer answered questions regarding Section 15064 of the guidelines and the responsibilities of the lead agencies in preparing an EIR. Section 15064 G states, "If the lead agency finds that there is substan- tial evidence in the record that the project may have a significant effect on the environment, the lead agency shall prepare an EIR". Attorney Peter Brekhus addressed the cumulative im- pact issue and explained to the Council why he felt that Attorney Fischer's arguments on the issue are incorrect. He urged the Council to do what is fair - require an en- vironmental impact report. Planning Director Schuma answered questions regarding the geology report. He stated that the City's geologist, Dr. Williams, had reviewed tne geology report submitted by Mr. Rasmussen and concluded that Mr. Rasmussen's findings and conclusions for the Amber Hills tract are basically the same as the findings and conclusions submitted with the Stubblefield project. Mr. Rasmussen defended his statements made with re- gard to the geology on the Stubblefield project. He ex- plained the differences in Amber Hills and Mountain 38 11/17/86 Shadows Villas projects, and explained in detail the geol- ogy work that had been done. He reviewed the statements he had made earlier in the meeting. John Stubblefield rebutted Mr. Rasmussen's comments and spoke regarding Stubblefield Enterprises' experience in grading and development. Mr. Brekhus stated that CEQA says that all environ- mental and structural issues must be addressed up front. This would include design considerations. The development cannot go forward until every issue is addressed. Ms. Fischer responded to Mr. Brekhus and pointed out that the applicant has asked to go forward with the Devel- opment Review process under the Planning Department, so all aspects of the plan review can be completed. John Stubblefield answered questions regarding the geology and soils tests which will progress along with the project. Mr. Brekhus read from CEQA which states that all phases of project planning and implementation must be considered in the initial study of the project. Ms. Fischer responded to Mr. Brekhus. The guidelines provide that all phases must be studied and considered and that is why they are addressed here tonight. The guide- lines do not require that all these issues have to be resolved. Council Member Marks made a motion, that the City Council, after hearing the evidence presented, find that the proposed project may have a significant effect on the environment and that an environmental impact report is required. The Council discussed the motion. The motion died for lack of a second. The public hearing portion of the meeting was closed. The Mayor and Council discussed the traffic impact on La praix Avenue and the report of Consultant Clyde Sweet. The next issue discussed was the difference between a full environmental impact report and a focused environ- mental impact report. Deputy City Attorney Cynthia Grace read a list of the environmental considerations which must be reviewed under CEQA. She stated that the purpose of the initial study is to determine the areas that require further analysis and review. The purpose of the public hearing process is to thresh out all the other areas that need review. The Mayor and Common Council now have what amounts to a super initial study by way of the evidence that has been pre- sented in the three hearings. Ms. Grace suggested that the Council give the consul- tant who prepares the EIR direction as to what issues need to be studied. Traffic Engineer Wirts responded to the objection from Council Member Quiel of using La praix Avenue for access to the project. He stated that he felt that the level of service on La praix Avenue would be adequate for 39 11/17/86 Mountain Shadows villa. but that La praix Avenue should not be used for any development to the north of the Villas, except for emergency access. The Council discussed various points which may re- quire further analysis: school impaction regarding in- creased traffic and congestion; school impaction regarding overcrowding of classrooms; traffic; flood control and drainage; the quality of life as it pertains to the con- gestion of the neighborhood, the building of three-story units behind one-story homes, and having a construction project close to existing neighborhoods; historical arti- facts being threatened; earthquake and geological aspects; fire service and grading. In a letter dated November 17, 1986, Daniel Craig, District Ranger of the U.S. Forestry Service, stated that they had just become aware of the potentially large con- struction project, and requested that an opportunity be given for them to study the details of the project in order for them to determine the possible effects it might have on U.S. Forest property, the greenbelt and fire ser- vice for the area. The Council discussed portions of a letter dated November 3, 1986, from City Attorney Prince to Mayor wil- cox, which states, "...If the City finds that there is substantial evidence in the record that a project may have a significant effect on the environment, then the City is required to prepare an Environmental Impact Report..."; "...Furthermore, if the City is presented with a fair argument that a project may have a significant effect on the environment, then the City must prepare an Environmen- tal Impact Report even though it may also be presented with other substantial evidence that the project will not have a significant effect..."; "... If there is serious public controversy over the environmental effects of a project, the Lead Agency shall consider the effect or effects subject to the controversy to be significant and shall prepare an EIR. Controversy unrelated to an envi- ronmental issue does not require preparation of an EIR. If there is disagreement between experts over the signifi- cance of an effect on the environment, the Lead Agency shall treat the effect as significant and shall prepare an EIR". The Council discussed the following possible motion: that a focused environmental impact report be made to include the following: 1. The impact on schools due to increased traffic and congestion at Bonnie Oehl Elementary School; 2. The impact on schools with respect to long-term, permanent solutions to the overcrowding problems of var- ious schools; 3. The traffic problem identified in the hearing; 4. The potential flood and drainage problems; 5. The quality of life issue with regard to three areas: a. the ment buildings homes; effect of the proposed three-story apart- overlooking the existing single-story b. the increased traffic congestion in the area; 40 11/17/86 c. the issues emanating from the physical changes to the environment by virtue of construction of the project; 6. The historical issue as it pertains to Mrs. An- derson's home; 7. The earthquake and geological problems; 8. The impact of grading and the potential physical impacts to homes surrounding the project, and grading as it pertains to the quality of life; 9. letter. The U.S. Forest Service issues stated in their Discussion was held concerning the possibility of forming a committee to review a focused EIR. Peter Brekhus, attorney representing the opponents, answered questions concerning the definition of a focused EIR and a full-blown EIR. He stated that in a full EIR, the expert reviews the minutes of the meetings and the concerns raised by the public and addresses those items in the full EIR. According to Mr. Brekhus, the proposed motion is a focused EIR in that it itemizes what the City requests to be studied. Frank Schuma, Planning Director, answered questions concerning the impact of the project on schools having been discussed at both the Environmental Review Committee and the Planning Commission meetings. Ralph Prince, City Attorney, answered questions con- cerning his definition of a focused EIR being the same as that of Mr. Brekhus. Frank Schuma, Planning Director, answered questions regarding the time needed in order to prepare a focused EIR, stating that the minimum amount of time needed would be five months, with a maximum of seven months, and that a full-blown EIR would take approximately one year. He explained the City's procedure in preparing an RFP, ob- taining competitive bids, interviewing responding consult- ing firms, making a selection and requiring a deposit of 15% overhead on the overall cost of the full-blown EIR. Council Member Marks made a motion, seconded by Council Member Reilly, that a focused EIR be required by Stubblefield Enterprises, to include the following sub- jects: 1. school impaction 2. traffic 3. flooding and drainage 4. geology, which includes grading and earthquake 5. historical 6. effects on the U.S. Forest greenbelt, as requested by the U.S.D.F. 7. quality of life, which includes the following points: a. the effect of the proposed three-story design of the apartments 41 11/17/86 b. the effect of traffic congestion in the area c. the effect that the construction stage of the project will have on the area. Each Council Member explained his/her vote. The motion carried by the following polled vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks. Noes: Council Members Quiel, Frazier, Strickler. Darlene Fischer, attorney for Stubblefield Enter- prises, requested that in the order of fairness and equity in this situation, that a motion be made to amend the new R-3 ordinance to provide that review and approval of plans be made under the ordinance in effect at the time appli- cation is made. She stated that there is a similar pro- vision in the governmental code in the Subdivision Act. The Council discussed the transition rules for the new R-3 ordinance and whether to take action on the ordi- nance on the agenda which extends the Stubblefield project filing deadline before the Development Review Committee by two weeks. No formal action was taken at this time. (See page 51) Several Council Members told the audience that the public would be notified if any further discussions on the Stubblefield Mountain Shadows Villas project were to be held. RESIGNATION - COUNCIL MEMBER RALPH HERNANDEZ - THIRD WARD Council Member Hernandez submitted his resignation of his seat as Council representative of the Third Ward for the City of San Bernardino to the City Clerk. (New Business) Shauna Clark, City Clerk, read Council Member Hernandez' resignation into the record: "I, Ralph Hernandez, hereby submit my resignation as Councilman of the 3rd Ward effective February 28, 1987. Ralph Hernandez 11-18-86 San Bdno Cal." Council Member Quiel made a motion, seconded by Council Member Reilly, that the resignation of Council Member Ralph Hernandez of the Third Ward, be accepted. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: Council Member Marks. Abstain: Council Member Hernandez. RES. 86-475 - RESOLUTION OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD CONCURRENTLY WITH AND CONSOLIDATED WITH THE MUNICIPAL PRIMARY ELECTION TO BE HELD ON ~IARCH 3, 1987. City Clerk Clark read the resolution in full. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. 42 11/17/86 Resolution No. 86-475 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RECESS MEETING At 2:05 a.m., Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously car- ried, that the meeting be recessed to 9:00 a.m., Tuesday, November 18, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 9:09 a.m., the Regular Meeting of the Mayor and Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Deputy City Clerk South with the following being present: Mayor Wilcox; Council Mem- bers Estrada, Reilly, Hernandez, Quiel, Frazier, Strick- ler; City Attorney Prince, Deputy City Clerk South, City Administrator Schweitzer. Absent: Council Member Marks. INVOCATION The Invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tempore Frazier. PUBLIC HEARING - AMENDMENT OF TITLE 6 - SAN BERNARDINO MUNICIPAL CODE - ANIMALS - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to from earlier in the meeting for consideration of amending Title 6 of the San Bernardino Municipal Code relating to animals. (See page l3) (32) Mayor Wilcox opened the hearing. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. FIRST (32) Deputy City Clerk South read the title of the ordi- nance. Paul Turner, Director of Animal Control, answered questions concerning Page 4, Paragraph B of the proposed ordinance, regarding unattended animals at commercial establishments. Council Member Quiel made a motion, seconded by Council Member Reilly, that Chapter 6.08, Section 6.08.020, Paragraph B, on Page 4, concerning unattended animals at commercial establishments, be deleted from the proposed ordinance. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strick- ler. Noes: Council Member Hernandez. Absent: Council Member Marks. Margo Tannenbaum, a member of the Animal Advisory Commission, answered questions concerning Page 5, Para- graph H of the proposed ordinance, regarding selling and/- or giving away of animals. 43 11/18/86 City Attorney Prince answered questions regarding the right of property owners to give away animals on their property. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that Chapter 6.08, Section 6.08.020, Paragraph H, on Page 5. be deleted from the proposed ordinance. City Attorney Prince answered City's regulation of transients through the City limits. questions regarding the transporting animal s Margo Tannenbaum, a member of the Animal Advisory Commission, spoke regarding a report made by the Califor- nia Highway Patrol concerning the transporting of animals. Discussion was held concerning enforcement of the proposed section regarding the transporting or carrying of animals, and the need for statewide legislation concerning this matter. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that Chapter 6.08, Section 6.08.020, Paragraph "I", on Page 5, be deleted from the proposed ordinance; that the City Attorney prepare a resolution to send to the State Legis- lature encouraging them to create a bill regarding the transporting or carrying of animals, and to take it through statewide; that the resolution also be sent to SAN BAG for their submittal, and to the County and sur- rounding cities requesting their support of the legisla- tion. Discussion was held concerning the enforcement of the portion of the proposed ordinance concerning the require- ment that any person having custody of a dog or a horse shall immediately remove and properly dispose of feces deposited by such dog or horse on any sidewalk, parkway, gutter, street, park, playground or other place, or on private property open to the public. Carolyn Anderson of the Humane Society of San Ber- nardino Valley, spoke of the many complaints received by the Humane Society from citizens regarding animals soiling their property. Discussion was held concerning the enforcement of the City of San Bernardino's leash law. Margo Tannenbaum, a member of the Animal Advisory Commission, requested that this portion of the ordinance be adopted in order to provide a City law to fall back on when answering citizen complaints. Council Member Quiel made a motion. seconded by Council Member Strickler and unanimously carried, that Chapter 6.08, Section 6.08.020, Paragraph "J", on Page 5, concerning the removal and proper disposal of feces de- posited by dogs or horses. be deleted from the proposed ordinance. Margo Tannenbaum, a member of the Animal Advisory Commission, explained the recommended animal permit. City Attorney Prince answered questions regarding zoning and accumulating land in order to have animals. 44 11/18/86 Paul Turner, Director of Animal Control, stated that the City currently has a regulation concerning the amount of land required in order to have certain animals, and that standards need to be devised for the keeping and maintenance of different types of animals. Council Member Strickler stated for the record that he could support the permit process for exotic animals, but not for all animals. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that Chap- ter 6.12, Section 6.12.090, Paragraph "A", Page 12, con- cerning permit requirements for animals, be removed from the proposed ordinance, and referred to the Legislative Review Committee to address the standards from Animal Control, and bring back a report. Margo Tannenbaum, a member of the Animal Advisory Commission, answered questions of the Council, stating that Paragraph "0" of Page 6 would apply to any animals being kept at any facility. Carolyn Anderson of the Humane Society of San Bernar- dino Valley, answered questions concerning the wording of Paragraph "0" of Page 6. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the original Page 12 of the proposed animal ordinance be re- placed with the optional Page 12, with the amendment that the words "dangerous, non-domestic" be deleted from Line 4 of Paragraph "A", Chapter 6.12, Section 6.12.090, on Page l2. COUNCIL MEMBER MARKS ARRIVED At 10:42 a.m., Council Member Marks arrived at the Council Meeting and took his place at the Council 'rable. City Attorney Prince answered questions regarding the animal permit process, stating that it provides Animal Control with information as to what type of animal they will have to deal with at a particular location. Carolyn Anderson of the Humane Society of San Bernar- dino Valley pointed out that the definition of exotic animals is given on Page 1 of the proposed animal ordi- nance. Discussion was held concerning Chapter 6.12, Section 6.12.110 of the proposed ordinance, regarding permit and license revocation for animals. Paul Turner, Director of Animal Control, answered questions regarding the meaning of the section dealing with animal permit and license revocation, and stated it gives the Animal Control Officer the right to issue cita- tions for violation of the proposed ordinance. 45 11/18/86 City Attorney Prince answered questions regarding the issuance of a warning or citation and the right of an Animal Control Officer to revoke an animal license or permit without a hearing, and regarding the animal owner the right to appeal. COUNCIL MEMBERS MARKS AND FRAZIER EXCUSED Council Members Marks and Frazier left the Council Meeting. Paul Turner, Director of Animal Control, answered questions of the Council regarding the permit and license revocation section being a procedural process whereby Animal Control can eventually revoke a license. Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that Chapter 6.12, Section 6.12.110, Paragraph "A" on Page 14 regarding animal permit and license revocation of the proposed animal ordinance be deleted and referred back to the Legislative Review Committee for a report back. Margo Tannenbaum, a member of the Animal Advisory Commission, stated that a draft was to have been written concerning the Animal Control Department's right to refuse adoption or purchase of an animal. The Council requested that City Attorney Prince draft an amendment to the proposed animal ordinance concerning the right of the Animal Control Department to refuse adop- tion or purchase of an animal and to send the draft to the Legislative Review Committee for their review and report back. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. City Attorney Prince answered questions regarding Chapter 6.12, Section 6.12.130, concerning the right of appeal to the Mayor and Common Council by the permittee or the Director of Animal Control. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. Council Member Quiel made a motion, seconded by Council Member Hernandez, that Chapter 6.12, Section 6.12.130, on Page 16 of the proposed animal ordinance, be amended to read, ".. .by filing a timely written 15-day notice of appeal...". The motion carried by the following vote: Ayes: Council Members Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Council Members Estrada, Frazier. Ab- stain: Council Member Marks. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the ordinance be waived, and that said ordi- nance be laid over with the amendments and corrections and for a recommendations from the Legislative Review Committee at the time of the final reading of the ordi- nance. 46 11/18/86 COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. DISCUSSION - ADMINISTRATIVE HANDLING OF COMPLAINTS - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for discus- sion as requested by Council Member Marks, concerning administrative handling of complaints. (See page 14) (35) Discussion was held concerning overlapping of the handling of complaints by various departments. City Administrator Schweitzer answered questions regarding computer tracking of complaints being on line, stating that the program is running but there are not enough terminals in the system to use it efficiently. The Council discussed the handling of complaints in a reasonable manner with timely responses by staff. Com- plaints to be handled by the More Attractive Community Task Force are currently being tracked by computer. City Administrator Schweitzer stated that when the new telephone system is installed, the lines for addi- tional terminals will be pulled. These changes are on line for January, 1987. He stated that complaints will be handled by one central person for tracking. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that dis- cussion relative to the administrative handling of com- plaints, be tabled. CITY CLERK CLARK ARRIVED At 10:25 a.m., City Clerk Clark arrived at the Coun- cil Meeting and replaced Deputy City Clerk South. HEARING - APPLICATION FOR GAMES OF AMUSEMENT PERMIT - ANTHONY J. KEALOHA DBA HI SCORES UNLIMITED - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for a hearing concerning the application for a Games of Amusement Permit by Anthony J. Kealoha dba Hi Scores Unlimited. (See page 14) (33) Shauna Clark, City Clerk, stated that Anthony J. Kealoha, owner of Hi Scores Unlimited, spoke with Captain Mike Lewis of the San Bernardino Police Department during the period of time the hearing regarding his application for a Games of Amusement Permit was continued earlier in the meeting. She answered questions of the Council regarding the Games of Amusement Permit denial and hearing process, stating that Council action to deny the permit is required and the applicant then has 15 days in which to appeal the denial. City Clerk Clark stated that Anthony Kealoha was given notice that his Games of Amusement application was denied and that the next step in the denial process was followed by placing the action on the Agenda for Council approval. 47 11/17/86 council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried; that the application for a Games of Amusement Permit submitted by Anthony J. Kealoha, be denied. GAMES OF AMUSEMENT POLICY Discussion was held concerning an amendment to the Games of Amusement Permit process, which is currently being written by the City Attorney's Office. Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the matter concerning the process of approval and denial of Games of Amusement Permits be sent to the Legislative Review Committee for their review and a report back to the Council. (New Business) COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. REVIEW OF PLANS REQUIREMENT - SINGLE FAMILY DWELLINGS WITHIN FOOTHILL AREA - LEGISLATIVE REVIEW COMMITTEE REPORT - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for a report by the Legislative Review Committee concerning the Review of Plans requirement for single family dwellings within the foothill area. (See page 18) (39) The Council discussed the wording of the boundary description for the foothill area. It was requested that a map be used for the description. The City Attorney recommended that the description be in words for the convenience of the public. It was agreed that a general description would be placed in the ordinance with a note that the boundaries are more particularly described in a map on file in the Planning Department. Planning Director Schuma used a map to delineate the general description of the foothill area boundary. The Planning Director spoke regarding the operation of the Development Review Committee and the impact that action would have on that committee. He recommended that public hearings matters such as this be handled instead by the Planning Commission. RES. 8b-476 - RESOLUTION OF THE CITY OF SAN BERNARDINO RELATING TO REVIEW OF PLANS FOR SINGLE-FAMILY DWELLINGS WITHIN THE FOOTHILL AREA. (39) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived; that said resolution be amended by inserting the words "two-story" on Line 9, and by adding the phrase "as can reasonably be obtained by the development"; and that said resolution be adopted as amended. Resolution No. 86-476 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Hernandez. 48 11/18/86 ORDINANCE OF THE CITY OF SAN BERNARDINO REQUIRING A REVIEW OF PLANS FOR SINGLE- FAMILY DWELLINGS WITHIN THE FOOTHILL AREA. FIRST (39) City Clerk Clark read the title of the ordinance. The Mayor and Council discussed the provisions in the ordinance which state that the owner shall appeal to the Planning Commission. It was agreed that the first level of appeal would be at the Development Review Committee. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the first reading of the ordinance be waived, that the ordi- nance be amended by striking the words ".. .and the right of such owner to a hearing before the Planning Commis- sion", and said ordinance be laid over for final passage as amended. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. CENTRAL CITY MALL MAINTENANCE CONTRACT - GIBSON BROS - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for a report regarding a meeting held between City staff, Gibson Bros., and representative of the Central City Mall, concerning a proposed maintenance contract. (See page 20 ) (41) In a memorandum dated November l7, 1986, Roger Hard- grave, City Engineer, stated that on October 30, 1986, the mall presented a schedule of hours of maintenance service required in order for a contractor to provide the same level of service provided by City crews. Gibson Bros. requested an opportunity to review this data and stated that they would advise the City when they were ready to meet again to discuss the contract. On November 3, 1986, the matter concerning the main- tenance contract for the Central City Mall was continued to November 17, 1986. In his memorandum dated November 17, 1986, City Engi- neer Hardgrave further stated that the City is awaiting word from Gibson Bros. as to when they would like to meet to review data provided by Central City Mall. It was mutually agreed at the last meeting that no change in the provision of service should occur prior to January 1, 1987. Specifications for the maintenance contract regarding Central City Mall were prepared to require, as much as possible, that the Contractor provide the same level of service as provided by the City. The Central City Mall requests that the specifications should stipulate the number and hours of personnel, and the City Engineer re- quests that the specification include the tasks to be done, and leave the scheduling and staffing, within the prescribed limits, up to the Contractor. City Engineer Hardgrave answered questions, stating that one of the issues is that according to the Central City Mall management, the reciprocal management agreement between Gibson Bros, the City and the Central City Mall have a clause regarding the minimum hours of service. 49 11/18/86 Council Member Hernandez made a motion, seconded by Council Member Estrada and unanimously carried, that the maintenance contract between Gibson Bros., the Central City Mall and the City, be continued to the Adjourned Regular Meeting of the Mayor and Common Council to be held December 8, 1986, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino; that staff be directed to present a final resolution in writing stating what each side will agree upon. NEW FIRE STATION - TRI-CITY CORPORATE COMPLEX - STATUS REPORT In a memorandum dated November 5, 1986. City Engineer Hardgrave provided an Engineer's Report on the use of assessment district funds to construct a new fire station in the Tri-City Corporate Complex, and stated that based upon present estimates, the project is currently $165,000 over budget. (42) Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the status report on construction of a new fire station in the Tri-City corporate complex be referred to the Ways and Means Committee for a recommendation on the overrun in estimated construction costs. STUBBLEFIELD ENTERPRISES - MOUNTAIN SHADOWS VILLAS - DISCUSSION RE EXTENSION OF TIME ON GRANDFATHER CLAUSE - NEW R-3 ORDINANCE - CONTINUED FROM EARLIER IN MEETING The Mayor and Common Council discussed an ordinance on the Council Agenda granting an extension of time on the grandfather clause concerning the Mountain Shadows Villas project by Stubblefield Enterprises. (See page ) (48) ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING THE EFFECTIVE DATE OF FINAL APPROVAL OF PLANS FOR PROJECTS PERTAINING TO MULTIPLE-FAMILY DEVELOPMENTS APPEALED TO THE PLANNING COMMISSION AND THEN TO THE MAYOR AND COMMON COUNCIL; AND DECLARING THE URGENCY THEREOF. On November 18, 1986, the Mayor and Common Council closed the hearing on the appeal of the Planning Commis- sion's decision to issue a Negative Declaration for the Mountain Shadows Villas located between the northern ter- minus of La Praix Avenue and Citrus Street, and ordered the preparation of a focused environmental impact report. On November 7, 1986, Stubblefield Enterprises was granted an extension of two weeks by Council action to get their application before the Development Review Committee in order to meet the grandfathering provisions under the transition ordinance for the new R-3 standards. The ordinance on the agenda finalizes the action of November 7, 1986. The Mayor and Council debated as to whether or not the grandfathering of the project should be discussed at this time. On November 17, 1986, a number of Council Members had agreed that if any further discussions on the Stubblefield Mountain Shadows Villas project was held, that the public would be notified. 50 11/17/86 The Mayor and Council discussed the three-story is- sue. Under the existing R-3 ordinance, three story units are acceptable. But, they are not acceptable under the new ordinance, which will become effective in December 1986. The Mayor and Council also discussed the environ- mental review process and the use of this process to look at the three story issue. Arnold Stubblefield pointed out that all projects over 24 units are required to obtain a conditional use permit, so if their project is not grandfathered, they will have to start back at the beginning of the process. Frank Schuma, Planning Director, answered questions regarding the EIR process and the ability of the Mayor and Common Council to override the findings in the consul- tant's report by way of a statement of overriding consi- derations. Council Member Quiel made a motion, seconded by Council Member Strickler, that with regard to the Stub- blefield project and their proposed three story units, which would require a conditional use permit under the new ordinance, if in fact the EIR study comes back and indi- cates that those three story units will not have a signif- icant impact on the surrounding community, that we will accept that and allow for the development of three-story units; this will allow for an independent analysis with respect to the three-story. The Mayor and Common Council discussed the motion. Arnold Stubblefield expressed his concern that the Council was singling out this project to impose the stric- ter standards. After further discussion, Council Members Quiel and Strickler withdrew their motion. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. Council Member Quiel made a substitute motion, seconded by Council Member Marks and unanimously carried, that this matter be referred to the Legislative Review Committee and continued to the Adjourned Regular Meeting of the Mayor and Common Council to be held at 2:00 p.m., Monday, December 8, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. APPROVAL - CHANGE ORDER NO. ONE - CONTRACT VALLEY CREST LANDSCAPING, INC. - SECCOMBE LAKE STATE URBAN RECREATION AREA In a memorandum dated November 12, 1986, City Engi- neer Hardgrave stated that during work on the old Adobe Building in the Seccombe Lake State Urban Recreation Area, portions of the north and east walls collapsed, and that a potential liability was created. Authority needs to be given to the Valley Crest Landscaping, Inc., the contrac- tor, to proceed with the demolition in order to abate any possible liability exposure. (S-l) 51 11/18 /86 council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that Change Order No. One to the contract with Valley Crest Landscaping, Inc., for the construction of Phase I-A, Zone B, of Seccombe Lake State Urban Recreation Area, per plan No. 6878, be approved; to authorize the Contractor to delete the Adobe Building re-construction, at a net de- crease to the contract price of $56,266.00, from $915,000.00 to $858,734.00. APPROVAL - CHANGE ORDER NO. ONE - CONTRACT - ALLEN D. DAVIS - PAINTING OF THREE-LEVEL PARKING STRUCTURE AND SIGNAGE - FOURTH AND "E" STREETS In a memorandum dated November 12, 1986, City Engi- neer Hardgrave stated that $65,000 was allocated for re- painting the three-level parking structure at the south- west corner of Fourth and "E" Streets and the refinishing of the signs. The refinishing was not included in the contract plans with Allen D. Davis, painting contractor, due to an uncertainty as to sufficient funds being avail- able to do the work. (S-2) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that Change Order No. One to the contract with Allen D. Davis, Painting Contractor, for painting the three-level parking structure at the southwest corner of Fourth and "E" Streets, be approved; that the contractor be authorized to scrape, prime and repaint metal signs on the top level of the structure, at a net increase in contract price $1,624.00, from $6l,359.00 to $62,983.00. RES. 86-477 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO INDUSTRIAL ASPHALT FOR PAVEMENT REHABILI- TATION OF FORTIETH STREET, BETWEEN KENDALL DRIVE AND ELECTRIC AVENUE. (S-3) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 86-477 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. RES. 86-478 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MARSHALL W. JULIAN FOR CONSULTING SERVICES. (S-4) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Quiel, that further reading of the resolu- tion be waived and that said resolution be adopted. Resolution No. 86-478 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, StriCkler. Noes: Council Member Hernandez. Ab- sent: Council Member Frazier. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. 52 11/18/86 j MERCURY SAVINGS AND LOAN/SANDALWOOD PARK APARTMENTS PROJECT - MULTI-F&~ILY MORTGAGE REVENUE BONDS - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consider- ation of the issuance of multi-family mortgage revenue bonds for Mercury Savings and Loan/Sandalwood Park Apart- ments project. (See page 21) (27) RES. 86-479 - RESOLUTION OF THE CITY OF SAN BERNARDINO NOTIFYING MORTGAGE BOND ALLOCATION COMMITTEE THAT CITY HAS DECIDED NOT TO AUTHORIZE ISSUANCE OF APPROXIMATELY $8,600,000 PRINCIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVENUE BONDS FOR SANDALWOOD PARK APARTMENTS PROJECT, AND REQUESTING MOR'r- GAGE BOND ALLOCATION COMMITTEE TO WAIVE PAYMENT OF ONE PERCENT FEE UNDER PROVI- SIONS OF HEALTH AND SAFETY CODE SECTION 52097.5(B). (27) 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. The Council discussed the resolution. Council Members Quiel, Reilly and Strickler stated that they were voting in favor of the refund, but against rescinding the loan. Council Member Marks made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 86-479 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Frazier. Noes: Council Members Reilly, Quiel, Strickler. Absent: None. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. PARKS, RECREATION AND COMMUNITY SERVICES FEES - WAYS AND MEANS COMMITTEE MEETING MINUTES - NOVEMBER 10, 1986 - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consider- ation of a resolution concerning parks, recreation and communi ty services fees. (See page 16) (36-7) RES. 86-480 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 83-201 ENTITLED IN PART "RESOLUTION ... MODIFYING FEES FOR ... USES OF BUILDINGS, SPORTS, FACIL ITIES. . . ", AND INCREASING FEES FOR RECREATIONAL FACILITIES. (36-7) City Clerk Clark read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived. Council Member Quiel made a motion, seconded by Council Member Estrada, that said resolution be adopted. 53 11/18/86 Resolution No. 86-480 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier. Noes: Council Members Marks, Strickler. Ab- sent: Council Member Hernandez. STURGES AUDITORIUM - FEE RATE The Mayor and Common Council discussed the proposed fees for the use of Sturges Auditorium, 790 North "E" Street, San Bernardino, at the corner of Eighth and "E" Streets. (New Business) Council Member Quiel made a motion, seconded by Coun- cil Member Estrada, that the proposed fees for Sturges Auditorium ($l17.65 for the first hour and $21.92 per hour thereafter), be approved; and that the City Attorney pre- pare the necessary resolution, with funds generated to be held in a separate account for Sturges Auditorium. The motion carried by the Council Members Estrada, Reilly, Noes: Council Member Strickler. Hernandez. following vote: Ayes: Marks, Quiel, Frazier. Absent: Council Member COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. RESIGNATION - COUNCIL MEMBER STEVE MARKS - FOURTH WARD Council Member Steve Marks of the Fourth Ward sub- mitted his resignation dated November 18, 1986, which was read fully into the record by City Clerk Clark as follows: (New Business) November 18, 1986 Honorable Mayor and City Council City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Dear Colleagues: With mixed emotions, I hereby submit my resignation as City Councilman effective January 5, 1987. I have recently joined the National Education Corporation, head- quartered in Irvine, as the Corporate Director of Administration. My new job responsibilities will not permit me to continue to effectively serve my community as a Councilman, a position I deeply respect and one which has given me much personal satisfaction and a deep-rooted sense of accomplishment during the past four years. Although my family and I plan to relocate to orange County because of this change in employment, our roots and our hearts will always remain in San Ber- nardino. Thanks to the citizens of San Bernardino for their continued political support and for granting me the privilege of a life- time. Thanks to my wife, Jill and my sons, Bobby and Brian, for living the past four years with continued support for my 54 11/18/86 work and the work of the Council. 'I'hanks to each and everyone of you for your loyal and dedicated service to the conununi ty and your individual and collective support which has made my job both enjoyable and manageable. Thanks to the loyal and dedi- cated staff members of the City and a very special thanks to the City Council staff who daily perform miracles of public ser- vice in numbers disproportionately high for a group of five. With sincere appreciation, Is/Steve Marks Councilman, Fourth Ward RES. 86-481 - RESOLUTION OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION IN THE FOUR'I'H WARD TO BE HELD CONCURRENTLY WITH AND CONSOLIDATED WITH THE MUNICIPAL PRIMARY ELECTION TO BE HELD ON MARCH 3, 1987. City Clerk Clark read the title of the resolution. Council Member Estrada made a motion, seconded by Council Member Quiel, that the resignation of Council Member Steve Marks of the Fourth Ward, be accepted; that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 86-481 was vote: Ayes: Council Members Quiel, Frazier, Strickler. Hernandez. Absent: None. adopted by the following Estrada, Reilly, Marks, Noes: Council Member ADJOURNMENT At 11:55 a.m., Council Member Estrada made a motion, seconded by Council Member Strickler and unanimously car- ried, that the meeting be adjourned. ] ~,,-(nC0 City /}/ Lf!a~ Clerk No. of Items 67 No. of Hours 17 55 11/18/86