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HomeMy WebLinkAbout01-05-1987 Minutes l City of San Bernardino, California January 5, 1987 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:135 a.m., on Monday, January 5, 1987, in the Council Chambers of City Hall, 31313 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Council Member Frazier, Pastor of the Abundant Life Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Reilly. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor wilcox; Council Members Reilly, Hernandez, Quiel, Frazier, Strickler; City Attor- ney Prince, City Clerk Clark, City Administrator Schweit- zer. Absent: Council Members Estrada, Marks. COMMENDATION - BLANCHE A. COOPER Richard Bennecke, Administrative Assistant to the Mayor read a resolution of the Mayor and Common Council commending Blanche A. Cooper for her work on the Parks and Recreation Commission for the enhancement of Fine Arts. Blanche A. Cooper was present to accept the resolu- tion. PROCLAMATION - JANUARY, 1987 - BICYCLE SAFETY MONTH Richard Bennecke, Administrative Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, proclaiming the month of January, 1987, as Bicycle Safety Month. Dan Kalish, Vice Commander of Community Services for the Veterans of Foreign Wars, was present to accept the proclamation. TIRE BURNING PLANT - CITY OF RIALTO - GARB OIL MEETING ANNOUNCEMENT Mayor Wilcox announced her intention to attend a meeting to be held at 6:1313 p.m., January 5, 1987, at the Grand Terrace City Hall regarding Garb Oil and the tire burning plant in the City of Rialto, and invited the Coun- cil to attend the meeting. COUNCIL MEMBER MARKS ARRIVED At 9:213 a.m., Council Member Marks arrived at the Council Meeting. POLICY - CONFLICT OF INTEREST CASES - FUNCTION OF CITY ATTORNEY - OUTSIDE LEGAL OPINIONS In a memorandum dated December 31,1986, Council Member Strickler requested discussion regarding the policy for hiring of outside legal counsel to furnish the Mayor and Common Council with opinions when necessary. This request for discussion arose from memorandums dated November 19, 1986, to the Mayor and Common Council, and December 12, 1986, to Jack Strickler, Chairman of the Legislative Review Committee, from City Attorney Ralph Prince, concerning legal representation in conflict of interest cases. -,,-~--- - "'" --------- .-~L -,;.;;--'.;s:r,"~,~ -- .. In a letter dated December 17, 1986, from Council Member Strickler, City Attorney prince's memorandums were referred to Attorney General John Van de Kamp for assis- tance. In a response letter dated December 24, 1986, Jack Winkler, Assistant Attorney General, Opinion Unit, de- clined to make an opinion regarding the proper represen- tation a City Attorney is to provide to the Common Coun- cil, as the Attorney General has no authority to provide opinions to city officials on civil law questions. The Mayor and Common Council considered whether or not discussion of this item was proper under the Brown Act by making a motion to open discussion. (See Page 3) City Attorney Prince stated that due to the request for discussion not having been listed on the Council Agenda for this meeting, that discussion of this item is improper under the Brown Act. POLICY - BROWN ACT - LISTING OF ITEMS ON AGENDA The Mayor and Common Council questioned City Attorney Prince as to why the recent amendments to the Brown Act had not been previously brought to their attention and put on the Council Agenda for discussion. Discussion was held concerning the listing of "Brief comments by Council Members on general matters of City business" and "Appointments - Commission/Committee" on the first page of the Council Agenda. City Attorney Prince answered questions, stating that no action may be taken on any subject not defined on the agenda. The item should be included on the agenda if action is to be taken. Omission of the item on the agenda does not limit discussion. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez protested the discussion and left the Council Table. Discussion was held concerning previous Council action regarding Mayor Wilcox sending a letter to the Attorney General for information on the providing of legal opinions. City Attorney Prince stated that although a subject was previously listed on a Council Agenda and was discus- sed, this does not qualify the subject for discussion at subsequent meetings. City Attorney Prince stated that if an appointment is to be made, the action must be described on the Council Agenda. The blanket title of "Appointments-Commission/ Committee" is not sufficient to comply with the Brown Act. The Mayor and Common Council questioned City Attorney Prince as to why they had not been previously apprised of new information to be effective January 1, 1987, concern- ing the Brown Act, as it was received in the City Attor- ney's Office several months ago. City Attorney Prince stated that a group of attorneys had conferred to interpret the new law. Council Member Strickler's item is not considered a continued item and was not on the agenda; therefore, it should not be dis- cussed at this time. Council Member Strickler made a motion that discus- sion regarding policy on providing legal opinions be made the first item of business on the next agenda. 2 1/5/87 The motion died for lack of a second. Council Member Marks made a substitute motion, seconded by Council Member Frazier and unanimously car- ried, that the Mayor and Common Council discuss Council Member Strickler's item, which had need to be discussed prior to the 72 hours, but for some unforeseen circum- stance was not placed on the agenda; therefore, we will comply with the direction of the City Attorney and say that the need arose within the 72-hour period. COUNCIL MEMBER ESTRADA ARRIVED At 9:40 a.m., Council Member Estrada arrived at the Council Meeting and took her place at the Council Table. Discussion was held concerning the role of the City Attorney and his/her responsibility to the Mayor and Com- mon Council as opposed to information written in two memorandums dated November 19, and December 12, 1986, by City Attorney Ralph Prince. Council Member Strickler suggested the hiring of an unbiased, outside attorney to give an opinion regarding the two memorandums of City Attorney Prince, that the City Administrator be responsible for locating the outside attorney, and that the funds come from the City Attorney's fund for hiring outside legal counsel. City Attorney Prince stated that he is willing and able to provide a legal opinion, that he would like for the opinion stated in his memorandums of November 19, and December 12, 1986, to be made public, and suggested an alternative of having an attorney from his office provide an independent legal opinion not reviewed by City Attorney Prince, in order to save funds. City Attorney Prince further stated that he does not approve of hiring special counsel when an opinion can be obtained from other city attorneys without cost to the City, as counsel from the private sector will not have expertise in City law. He stated that not all City Attor- neys are elected officials and that he could obtain an unbiased opinion for the Mayor and Common Council. Council Member Strickler suggested going to outside legal counsel with recognized expertise in City law for an opinion regarding Mr. prince's two most recent memorandums regarding his policy and that the presiding officer of the Superior Court find the outside counsel to provide opinion regarding the City Attorney's responsibility to represent the Mayor and Common Council. Ralph Hernandez, Council Member of the Third Ward, speaking as a member of the public, stated that he felt that the Mayor and Common Council were wrong in discussing the subject as it was not listed on the agenda and was, therefore, in violation of the Brown Act, and an ordinance previously authorized by the Mayor and Common Council providing guidelines for the hiring of outside legal counsel. .--- City Attorney Prince read from the Municipal the City of San Bernardino governing the hiring of legal counsel and objected to the Council hiring counsel without his approval. Code of outside outside 3 1/5/87 Council Member Marks made a motion, seconded by Coun- cil Member Strickler, that the City Attorney be directed to contact the League of California Cities, City Attorney Department, to request the name of a recognized expert in municipal law to provide service to the City of San Ber- nardino with respect to analyzing the appropriate role of the City Attorney with respect to representing individual Council Members, the Council, department heads, and the City as a whole. Council Member Marks made a substitute motion, seconded by Council Member Strickler and unanimously car- ried, that the subject of hiring outside legal counsel be continued to the afternoon session. (See Page 21) COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. RES. 87-1 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING PROCEDURES FOR COMPLIANCE WITH NEW PROVISIONS OF THE RALPH M. BROWN OPEN MEETINGS ACT. (S-2) 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 Mayor and Common Council stated that they felt they should have had the information regarding procedures for compliance with the new provisions of the Brown Act for a least a month prior to the effective date of the law in order to be familiar with the regulations. City Attorney Prince answered questions regarding how the time limits stated in the resolution were obtained. Council Member Marks made a motion, seconded by Coun- cil Member Hernandez and unanimously carried, that said resolution be adopted as amended by deleting Lines 3 through 6 and II through 19 on Page 4. Resolution No. 87-1 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Council Member Strickler. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. POLICY - APPOINTMENTS - AGENDA Discussion was held concerning the ability of the Mayor and Common Council to appoint commissioners to posi- tions at this meeting, as identification was not speci- fically made on the Agenda. City Attorney Prince stated that the purpose of the law is to inform the public of possible Council action so that they may be present at the meeting to ask questions or give their opinion. Discussion was held concerning the past policy of the Council of listing "Appointments - Commission/Committee" on the Agenda in order to make appointments as they become necessary or available. 4 1/5/87 council Member Marks made a motion, seconded by Coun- cil Member Strickler and unanimously carried, to continue the appointments to the afternoon session. (See Page 11) COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. APPROVAL AND ACCEPTANCE OF WORK - ALCORN FENCE COMPANY - DELMANN HEIGHTS COMMUNITY CENTER In a memorandum dated December 22, 1986, City Engi- neer Roger Hardgrave stated that all work under contract with Alcorn Fence Company for improvements to the Delmann Heights Community Center has been satisfactorily com- pleted. (6) Council Member Marks made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that the work performed by Alcorn Fence Company in accordance with Plan No. 7012, be approved and accepted, and that final payment be authorized at the expiration of the lien period. CLAIMS AND PAYROLL Council Member Marks made a motion, seconded by Coun- cil Member Strickler and unanimously carried, to approve demands against the City and authorize the issuance of warrants as follows: (7) 1. Approve the register of demands dated: December 23, 1986 86/87 #16 $435,285.62 2. Approve the total gross payroll for the period November 24, 1986, through December 7, 1986, in the amount of $1,281,809.56. PERSONNEL ACTIONS Council Member Marks made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that the personnel actions submitted by the Director of Personnel in accordance with all administrative regulations of the City of San Bernardino, be approved and ratified. (8) APPOINTMENTS Building & Safety Department General Building Inspector - Effective January 6, 1987 Clarence J. Gomes Mark O. Young Fire Department Curtis E. Penn - Firefighter - Effective January 26, 1987 Public Services/Refuse Refuse Operator I - Effective January 6, 1987 Elliott Fitch Manuel N. Huerta PROMOTION Building & Safety Department Donald K. Jackson - From General Building Inspector to Plan Checker - Effective January 6, 1987 5 1/5/87 Public Services/Refuse From Refuse Operator I to Refuse Operator II - Effective January 6, 1987 Raymond Hernandez Nathaniel W. Maynus Joaquin Negrete - From Maintenance Worker II to Motor Sweeper Operator - Effective January 6, 1987 HIGHER ACTING CLASSIFICATION Police Department Edwin Lyons - Property & Supply Clerk - December 22, 1986, through January 5, 1987 APPOINTMENT/TEMPORARY Fire Department Thomas G. Rubio - Firefighter Trainee - Effective January 26, 1987 Public Services/Refuse Extra Relief Heavy Laborer - Effective January 5, 1987 Michael Driver Robert Mayoral Patrick E. Robinson Rene C. Hinojosa Dennis Moreno Robert Rodriguez Public Buildings Mario Ramirez - Custodial Aide III - Effective January 6, 1987 Erik C. Sorensen - Custodial Aide II - Effective January 6, 1987 COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. APPROVAL OF IDB FUND ALLOCATION - COMMUNITY DEVELOPMENT DEPARTMENT AND SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL - SMALL BUSINESS LOAN PROGRAM (1 & 9) RESOLUTION OF THE CITY OF SAN BERNARDINO RELATING TO THE FUNDING OF THE REVOLVING LOAN FUND TRANSFERRED FROM THE SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL TO CITY'S COM- MUNITY DEVELOPMENT DEPARTMENT, AND PROVIDING INITIAL FUNDING FOR THE SAN BERNARDINO ECO- NOMIC DEVELOPMENT COUNCIL'S MARKETING PRO- GRAM. (Continued from December 22, 1986) (9) 6 1/5/87 RESOLUTION OF THE CITY OF SAN BERNARDINO RELATING TO THE FUNDING OF THE REVOLVING LOAN FUND TRANSFERRED FROM THE SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL TO CITY'S COM- MUNITY DEVELOPMENT DEPARTMENT, PROVIDING FOR FUNDING OF CAPITAL IMPROVEMENTS TO FISCALINI FIELD, AND PROVIDING INITIAL FUNDING FOR THE SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL'S MARKETING PROGRAM. (Continued from December 22, 1986) (9) In a memorandum dated December 23, 1986, Director of Community Development Ken Henderson stated that the Small Business Loan Program has traditionally been funded with proceeds from the 1% IDB fee. Recent discussions have been centered around the SBEDC receiving a portion of available and anticipated revenues in order to implement a comprehensive marketing program on behalf of the City. The recommendation was made of a fifty-fifty split of avail- able and anticipated revenues being fair and equitable to allow the economic development program to commence with a good financial foundation. (1) Ken Henderson, Director of the Community Development Department, answered questions regarding the history of the Small Business Loan Program, stating that IDB funds have traditionally been used to capitalize small business. Discussion was held concerning the use of the IDB 1% fund for loans and funding of the Economic Development Council, letting the business community know that the program has been transferred to the City and that any requests for loans should be made to Ken Henderson, Director of Community Development Department, and creating positions within the Community Development Department. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that approval of the allocation of the 1% IDB funds be contin- ued to the Regular Meeting of the Mayor and Common Council to be held January 19, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Califor- nia; that the City Administrator be instructed to contact the Economic Development Council for a projected budget for the year with itemized expenditures; that Ken Hender- son, Director of the Community Development Department, report back on January 19, 1987, with an itemized report of requested loans, stating if there is emergency intent or need so that the Council can act, and to provide a pro- jected budget on an annual or semi-annual basis. (See minutes of Council Meeting to be held January 12, 1987) COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Chambers and took his place at the Council Table. HISPANIC CHAMBER OF COMMERCE - CDBG REHABILITATION LOAN In a memorandum dated December 23, 1986, Ken Hender- son, Director of the Community Development Department, summarized the history of the rehabilitation project of the Hispanic Chamber of Commerce property located at 972 North Mt. Vernon Avenue. (2) Ken Henderson, Director of the Community Development Department, answered questions regarding the method of payment and length of the rehabilitation loan, the value of the building, and securing the loan by a First Trust Deed. 7 1/5/87 The Mayor and Common Council discussed the intent and terms of the loan. Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that consideration of the rehabilitation loan be continued to the afternoon session, and that an authorized agreement be obtained from the Board Chairman of the Hispanic Chamber of Commerce. (See Page 13) COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman Wilcox in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. SHOPPING CENTER - BASE LINE STREET AND MEDICAL CENTER DRIVE - NORTHWEST PROJECT - ALEXANDER HAAGEN In a memorandum dated December 31, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, presented revised terms and conditions of the proposed development agreement with the Alexander Haagan Development for the shopping center at Base Line Street and Medical Center Drive. (R-2) Chris Fahey, Alexander Haagen Development, answered questions regarding the size of the market and the reason for downsizing the project. He stated that the home improvement store was eliminated from the pro forma be- cause of the close proximity of other competing stores in the area. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions regarding the terms and condi- tions of the agreement with Alexander Haagen, and the ratio between the public and private investment dollars. Discussion was held concerning the alternative of stopping the project and starting over in order to allow developers to make proposals. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the discussion concerning the Alexander Haagen project be referred back to the Redevelopment Agency Committee and staff in order to negotiate the terms and conditions of a Development Agreement with Alexander Haagen, and report back at a Special Meeting to be held at 9:00 a.m., Monday, January 12, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. LEASE AGREEMENT - SAN BERNARDINO BASEBALL CLUB, INC. Council Member Marks provided an oral report of the negotiations between the City and the San Bernardino Base- ball Club, Inc. for an "A" rated City baseball team to be known as the San Bernardino Spirit and information regard- ing the use of $380,000 in IDB funds allocated for the development of Fiscalini Field at the December 22, 1986, Council Meeting. (35) Discussion was held concerning revenue for the City through rental of the baseball field and clubhouse. Council Member Estrada explained the City having a baseball team, but source of funding of the team. that she supports disagrees with the 8 1/5/87 Council Member Hernandez stated that he had just received a copy of the agreement and would not vote on it as he has not had time to review the document. RES. 87-2 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO BASEBALL CLUB, INC., RELATING TO THE USE OF FISCALINI FIELD. (12) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that further reading of the resolution be waived. Council Member Marks made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that said resolution be adopted. Resolution No. 87-2 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Fra- zier, Strickler. Noes: Council Members Estrada, Hernan- dez. Absent: None. Roy Englebrecht, an owner of the San Bernardino Spirit, and Bill Shanahan, General Manager of the team, expressed their appreciation for the City's support, and thanked Council Member Marks for his time and effort in negotiations. The Mayor and Common Council were presented with San Bernardino Spirit baseball caps and special momento base- balls. Mayor wilcox threw the first baseball to the people attending the Council Meeting to commemorate the City's first baseball team. The Council Members also threw their baseballs to the audience. RESOLUTION - RESIGNATION - COUNCIL MEMBER MARKS - FOURTH WARD Senior Council Members Strickler and Hernandez called for a presentation to be made to Council Member Marks for his years of service to the City. Phil Arvizo, Executive Assistant to the Council, read a resolution of the Mayor and Common Council, which was prepared for Council Member Marks. Council Member Marks and his wife Jill accepted the resolution. Council Member Hernandez commended Council Member Marks for his dedication to the City of San Bernardino. Council Member Marks spoke of his career as a Council Member and thanked everyone for their help and consider- ation. RECESS MEETING At 12:25 p.m., Council Member Hernandez made a motion, seconded by Council Member Strickler and unani- mously carried, that the meeting be recessed until 2:00 p.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 9 1/5/87 RECONVENE MEETING At 2:04 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Estrada. APPEAL - PLANNING COMMISSION APPROVAL - TENTATIVE TRACT NO. 13473 - SOUTHWEST CORNER OF 48TH STREET AND LITTLE MOUNTAIN DRIVE - COUNCIL MEMBER QUIEL In a memorandum dated December 17, 1986, Planning Director Schuma stated that at the Planning Commission meeting of December 2, 1986, Tentative Tract No. 13473, establishing an 84-unit, 22-10t subdivision in a R-3-3000 Multiple Family Residential Zone, located at the south- west corner of 48th Street and Little Mountain Drive, Applicant Covington-Haley-Wiggins, Owner Steven and Lynn Soakes, was approved based upon testimony, observations, and findings of fact contained in a staff report dated November 18, 1986. (37) In a memorandum dated December 8, 1986, Council Mem- ber Quiel, Fifth Ward, appealed the Planning Commission's approval of Tentative Tract No. 13473 on the basis that the site is not physically suitable for the type of development being proposed and that the method of owner- ship is not in the City's best interest. Council Member Quiel suggested the creation of a subdivision and a six-month maintenance fee for each unit in the event of a default, as well as continuance of the maintenance at a proper level and the developer providing a $10,000 deposit to the City prior to the recordation of the final tract map. Frank Schuma, Planning Director, presented "Addition- al Conditions of Approval for Tentative Tract No. 13473" as follows: 1. An impound trust to guarantee maintenance and upkeep of all 22 lots and buildings shall be established by the developer prior to final occupancy of any building. Said trust shall be used in the event that any apartment owner fails to pay their monthly maintenance association dues or fails to provide normal upkeep and maintenance of their building or buildings. The amount to be provided by the developer shall be equal to six months association dues. Any excess interest earned through the trust shall be paid out equally to each apartment owner on an annual basis. The final documents of the trust shall be submit- ted to the Planning Department for review and approval. 2. A $10,000 cash deposit shall be provided to the City Public Works Department by the developer to assist in the construction of a bridge on 48th Street over the ad- joining Flood Control Channel abutting the site to the east, prior to recordation of the final tract map. John Hoge, 1380 W. 48th Street, spoke against the tract, stating that it will decrease property values and the overall asthetic value of the neighborhood. He an- swered questions regarding the neighborhood homeowners management association. 10 1/5/87 Steve Pleasant, C.M. Engineering, stated his concur- rence with the recommendations made by Council Member Quiel. Council Member Quiel made a motion, seconded by Coun- cil Member Marks and unanimously carried, that the hearing be closed; that the decision of the Planning Commission be modified by the addition of two conditions submitted by Planning Director Schuma, and that Item 11 be amended to read that a minimum of a four foot high decorative iron fence with masonry pilasters be constructed along both street frontages as approved by the Planning Department, and that a minimum of a four foot high solid, decorative masonry wall shall be constructed along the southerly property boundary adjacent to the flood control channel. RECOGNITION - BUD FISHER Council Member Reilly gave recognition of the 90th birthday of Commissioner Bud Fisher, Commission for Dis- abled Persons, who was in the audience. APPOINTMENT - MICHAEL P. MAUDSLEY - PLANNING COMMISSION - FOURTH WARD In a memorandum dated January 5, 1987, Mayor wilcox requested the appointment of Michael P. Maudsley, 2930 Palm Avenue, Highland, California 92346, to the Planning Commission on behalf of Council Member Marks, Fourth Ward. City Attorney Prince answered questions, stating that terms for commissioners shall run concurrently with the nominating Council Member or until replacement by the Council Member's successor. Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that the appointment of Michael P. Maudsley to the Planning Com- mission, be approved. City Clerk Clark administered the Oath of Office to Commissioner Maudsley. APPOINTMENT - CARL LEE OVERCAST - PARKS AND RECREATION COMMISSION - SECOND WARD Council Member Reilly requested the appointment of Carl Lee Overcast, 1390 Crescent Street, San Bernardino, California, to the Parks and Recreation Commission, as a representative of Council Member Jack Reilly, Second Ward. Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that the appointment of Carl Lee Overcast to the Parks and Recrea- tion Commission as a representative of Council Member Jack Reilly, Second Ward, be approved. RECESS MEETING - CLOSED SESSION At 2:30 p.m., Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, to recess to a Closed Session under the authority of Government Code Section 54956.9(a), concerning pending litigation in the case of Black vs City et aI, Case No. 213450. CLOSED SESSION At 2:30 p.m., Mayor wilcox called the Closed Session to order in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Califor- nia. (36) 11 1/5/87 ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Estrada. ADJOURN CLOSED SESSION At 3:25 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 3:25 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Estrada. ALLOCATION OF FINE ARTS DEVELOPER FEES - FELDHEYM CENTRAL LIBRARY GALLERIES In a memorandum dated December 22, 1986, Steve Whit- ney, City Librarian, requested $15,000 for expenses involved in producing five major art exhibits in galleries of the Norman F. Feldheym Central Library for free viewing by the general public, as well as serving as the focal point for an extensive series of school classroom visits. (3) City Clerk Clark read a letter dated November 10, 1986, from Barry Silver, Chairman of the Fine Arts Com- mission to Larry Harvey, President of the Board of Trus- tees for the San Bernardino Public Library, stating that a grant for the galleries was denied because of contractural arrangements presented in the proposal and suggesting resubmittal next period. City Administrator Schweitzer explained that when the Mayor and Common Council adopted the 1986-87 Budget, that $15,000 was included in the Library Budget for the gal- leries contingent upon the adoption of the cultural development fee ordinance. Steve whitney, City Librarian, was present to answer questions. Council Member Marks made a motion, seconded by Coun- cil Member Frazier and unanimously carried, that the allocation of $15,000 from the "Fine Arts" developer fees for operational expenses for the Feldheym Central Library galleries be referred back to the Fine Arts Commission to re-evaluate the grant request and report back wi thin thirty days or sooner as this is an urgency matter; and that it be made clear to the Fine Arts Commission that it is okay to consider this grant request under the scope of the developer fee ordinance. 12 1/5/87 APPROVAL OF PLANS - AUTHORIZATION FOR BIDS - FISCALINI FIELD - ELECTRICAL SYSTEM In a memorandum dated December 22, 1986, Ci ty Engineer Hardgrave stated that Plan No. 7155 for improve- ments to the electrical system for Fiscalini Field have been prepared and that the project is ready to be adver- tised for bids. The improvements must be completed prior to the first home game of the San Bernardino Spirit on April 10, 1987. (4) Council Member Marks made a motion, seconded by Coun- cil Member Reilly, that the plans for construction of a new underground electrical system for Fiscalini Field, in accordance with Plan No. 7155, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. The motion carried by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: Council Member Estrada. APPROVAL OF PLANS - AUTHORIZATION FOR BIDS - FISCALINI FIELD - ADDITIONAL SEATING AND CLUBHOUSE In a memorandum dated December 22, 1986, City Engi- neer Roger Hardgrave stated that Plan No. 7154 for re- moving the existing seating, installing 960 theatre type seats and 700 seats with back supports, installing sal- vaged seating and constructing a 2,400 sq. ft. clubhouse at Fiscalini Field for use by the San Bernardino Spirit has been prepared, and that the project is ready to be advertised for bids. (5) Council Member Quiel made a motion, seconded by Coun- cil Member Frazier, that the plans for construction of additional seating and a clubhouse at Fiscalini Field, in accordance with Plan No. 7154, be approved; and that the Director of Public Works/City Engineer, be directed to advertise for bids. The motion carried by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: Council Member Estrada. HISPANIC CHAMBER OF COMMERCE - REHABILITATION LOAN - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consi- deration of approval of a CDBG Rehabilitation loan to the Hispanic Chamber of Commerce, 972 N. Mt. Vernon Avenue, for $81,000. (See Page 7) (2) Council Member Quiel made a motion, seconded by Coun- cil Member Strickler, that consideration of approval of the CDBG Rehabilitation loan to the Hispanic Chamber of Commerce, be continued to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino to be held 9:00 a.m., January 19, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. The motion carried by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Estrada. Abstain: Council Member Hernandez. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the resolu- tions on the Agenda. 13 1/5/87 Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolutions be waived. RES. 87-3 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MORE ATTRACTIVE COMMUNITY (MAC). (10) Greg Garcia, Project Coordinator for the Mayor, answered questions concerning action taken by the MAC task force regarding the dumping of debris on vacant lots by Chop Chop Tree Service, stating that the City Attorney's Office is posting a citation and that the Code Enforcement Officer is tracking the problem of improper use of a trailer. City Attorney Prince stated that there is no need for the debris to be left on the vacant lots as evidence. Greg Garcia, answered questions West Side that was administrative action Project Coordinator for the Mayor, regarding a list of concerns on the presented to the MAC task force, and taken to handle the concerns. Council Member Marks made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 87-3 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Estrada. Abstain: Council Member Hernandez. MAYOR WILCOX EXCUSED At 4:35 p.m., Mayor wilcox left the Council Meeting and in the absence of Council Member Estrada, Council Member Reilly is Mayor Pro Tempore. RES. 87-4 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AMENDED JO I NT POWERS AGREEMENT ESTABLISHING HIGHLAND-DELMANN HEIGHTS QUALITY WATER SUPPLY AUTHORITY TO PROVIDE FOR COSTS, EXPENSES AND SEVERANCE DAMAGES WHICH MAY BE CAUSED BY ANY ABANDON- MENT OF THE EMINENT DOMAIN PROCEEDING BY EITHER PARTY TO THE AUTHORITY. (11) Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. Resolution No. 87-4 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Estrada. CITY ATTORNEY PRINCE EXCUSED City Attorney Prince left the Council Meeting and Deputy City Attorney Sabourin took his place. 14 1/5/87 RES. 87-5 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF A PUBLIC NUISANCE. (928 N. ACACIA, 1599 W. BASE LINE, 150 E. COURT STREET, 5718 N. "0" STREET, 2715 DEL NORTE CIRCLE, 637 S. "I" STREET, 133 S. "L" STREET, 1371 N. MT. VIEW AVENUE, 1248 W. REECE STREET) (13) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. vote: Quiel, Member Resolution No. 87-5 was adopted by the following Ayes: Council Members Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Estrada. RES. 87-6 - RESOLUTION OF THE CITY OF SAN BERNARDINO TEMPORARILY CLOSING WESTERN AVE- NUE, BETWEEN FORTY-EIGHTH STREET AND RESER- VOIR DRIVE. (14) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. Resolution No. 87-6 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Estrada. RES. 87-7 - A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DIS- TRICT NO. 962 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT FOR THE MAINTENANCE OF A SEWER LIFT STATION IN THE AREA OF PINE AVENUE, SOUTH OF BELMONT AVENUE; ORDERING THE AMEND- MENT AND EXPANSION OF THE DISTRICT AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY AND APPROVING AMENDED ASSESSMENT DISTRICT DIAGRAM MAP NO. 962. (15) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. vote: Quiel, Member Resolution No. 87-7 was adopted by the following Ayes: Council Members Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Estrada. RES. 87-8 - A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF LANDSCAPING IN THE AREA OF PEPPER AVENUE AND MILL STREET, CREAT- ING AN ASSESSSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESS- MENT DISTRICT NO. 975, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (16) 15 1/5/87 Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. vote: Quiel, Member Resolution No. 87-8 was adopted by the following Ayes: Council Members Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Estrada. RES. 87-9 - A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DIS- TRICT NO. 976 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT FOR THE MAINTENANCE OF LAND- SCAPING IN THE AREA OF PINE AND BELMONT AVE- NUES; ORDERING THE AMENDMENT AND EXPANSION OF THE DISTRICT AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. (17) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Quiel, Member Resolution No. 87-9 was adopted by the following Ayes: Council Members Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Estrada. RES. 87-10 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUB- DIVIS ION TRACT NO. 11844, LOCATED ON THE SOUTH SIDE OF BELMONT AVENUE BETWEEN WALNUT AVENUE AND PINE AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUB- DIVISION, WITH TIME FOR PERFORMANCE SPECI- FIED. (19) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Quiel, Member Resolution No. 87-10 was adopted by the following Ayes: Council Members Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Estrada. RES. 87-11 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUB- DIVISION TRACT NO. 11845, LOCATED ON THE SOUTH SIDE OF BELMONT AVENUE BETWEEN WALNUT AND PINE AVENUE, ACCEPTING THE PUBLIC DEDI- CATIONS AS SET FORTH ON SAID MAP; AND AUTHO- R I ZING EXEC UT I ON OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUB- DIVISION, WITH TIME FOR PERFORMANCE SPECI- FIED. (21) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Quiel, Member Resolution No. 87-11 was adopted by the following Ayes: Council Members Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Estrada. 16 1/5/87 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NOS. 10459 AND 10460, LOCATED SOUTH OF OHIO AVENUE, WEST OF PINE AVENUE AND NORTH OF BELMONT AVENUE, ACCEPTING THE PUBLIC DEDI- CATIONS AS SET FORTH ON SAID MAP; AND AUTHO- R IZ I NG EXECUT I ON OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUB- DIVISION, WITH TIME FOR PERFORMANCE SPECI- FIED. (22) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be tabled. READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of all ordinances on the Agenda. Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the ordinances be waived. ORD. MC-573 - ORDINANCE OF THE CITY OF SAN FINAL BERNADINO AMENDING SECTION 18.40.160 SUB- SECTION C PARAGRAPH 1 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE PROVISIONS OF EXEMPTION REQUIREMENTS FROM THE TWO STANDARD ACCESS ROUTE REQUIREMENT FOR SUBDIVISIONS OUTSIDE THE HIGH FIRE HAZARD AREA; AND RE- PEALING SECTION 18.40.160 SUBSECTION C PARA- GRAPH 2. (23) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that said ordinance be adopted. Ordinance MC-573 Ayes: Council Members Frazier, Strickler. Member Estrada. was adopted by the following vote: Reilly, Hernandez, Marks, Quiel, Noes: None. Absent: Council ORD. MC-574 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO ADDING SECTIONS 10.24.210 AND 10.24.220 TO THE SAN BERNARDINO MUNICIPAL CODE TO PERMIT POLICE OFFICERS TO REGULATE THE CRUISING OF VEHICLES IN CONGESTED AREAS SUBJECT TO APPROPRIATE NOTICES AND SIGNS AND TO DIVERT VEHICLES WHEN THERE IS LITTLE TRAF- FIC FLOW AND VEHICLES ARE NOT MOVING PROMPTLY AT OPPORTUNE TIMES. (24) Don Burnett, Chief of Police, explained how the ordinance would be implemented. Council Member Marks made a motion, seconded by Council Member Quiel, that said ordinance be adopted. Ordinance MC-574 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Strickler. Noes: Council Members Hernandez, Frazier. Absent: Council Member Estrada. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. ORD. MC-575 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING SECTIONS 5.52.010 AND 5.52.100 OF THE SAN BERNARDINO MUNICIPAL CODE REGULATING THE LICENSING OF ESCORT BUREAUS. (25) 17 1/5/87 Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be adopted. Ordinance MC-575 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Estrada, Frazier. ORD. MC-576 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING CHAPTER 5.44 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING DENIAL OF AN APPLICATION FOR PERMIT FOR GAMES OF AMUSE- MENT. (26) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that said ordinance be adopted. Ordinance MC-576 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Estrada, Frazier. ORD. MC-577 - ORDINANCE OF THE CITY OF BERNARDINO REQUIRING A REVIEW OF PLANS TWO-STORY SINGLE-FAMILY DWELLINGS WITHIN FOOTHILL AREA. SAN FINAL FOR THE (27) Council Member Marks made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that said ordi- nance be adopted. Ordinance MC-577 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Estrada, Frazier. ORDINANCE OF THE CITY OF SAN BERNARDINO RE- ZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNADINO MUNICIPAL CODE (PETITION NO. 85-23, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF RIALTO AVENUE AND PEPPER AVENUE), AND ADOPT- ING THE NEGATIVE DECLARATION FOR ENVIRONMEN- TAL REVIEW. (Final) (28) Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that said ordinance be continued to the Regular Meeting of the Mayor and Common Council to be held January 19, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ORDINANCE OF THE CITY OF SAN BERNARDINO RE- FIRST ZONING 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- 22, GENERALLY BORDERED BY RIALTO AVENUE ON THE NORTH, "E" STREET ON THE EAST, INLAND CENTER DRIVE ON THE SOUTH, AND THE 1-215 FREEWAY ON THE WEST), AND ADOPTING THE NEGA- TIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (29) Council Member Strickler stated that he would abstain from this item due to a possible conflict of interest. 18 1/5/87 COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. Council Member Reilly made a motion, seconded by Council Member Quiel, that first reading of said ordinance be waived and that said ordinance be laid over for final reading. The motion carried by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel. Noes: None. Absent: Council Members Estrada, Frazier. Ab- stain: Council Member Strickler. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. PUBLIC HEARING - AMENDMENT TO TITLE 6 OF SAN BERNARDINO MUNICIPAL CODE - ANIMALS - CONTINUED FROM DECEMBER 8, 1986 This is the time and place set for a public hearing to consider amending Title 6 of the San Bernardino Muni- cipal Code relating to animals. (30) Council Member Quiel made a motion, seconded by Coun- cil Member Hernandez and unanimously carried, that the possible amendment of Title 6 of the San Bernardino Muni- cipal Code be referred to the Animal Advisory Committee to meet and discuss the ordinance, which had been previously referred to them, and to report their recommendations to the Legislative Review Committee, which report back to the Mayor and Common Council. SCHOOL IMPACTION FEE PROGRAM - SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT - CONTINUED FROM SEPTEMBER 22 & 23, 1986 This is the time and place continued deration of the School Impaction Fee Program Bernardino City Unified School District. to for consi- for the San (31 ) Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that consi- deration of the School Impaction Fee Program for the San Bernardino City Unified School District, be tabled. ARTHUR YOUNG STUDY - PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT - STATUS REPORT - CONTINUED FROM DECEMBER 8, 1986 This is the time and place continued to for a Status Report by the City Administrator regarding the Arthur Young Study audit of the Parks, Recreation and Community Services Department. (32) Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that the Status Report regarding the Arthur Young Study audit of the Parks, Recreation and Community Services Department be referred back to the City Administrator for a report, and that the matter be continued to the Regular Meeting of the Mayor and Common Council to be held January 19, 1987, in the Council Chambers of City Hall, 300 North "0" 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. 19 1/5/87 THIRD-LEVEL PARKING STRUCTURE MAINTENANCE - REPORT FROM REDEVELOPMENT AGENCY COMMITTEE In a memorandum dated November 24, 1986, City Engi- neer Hardgrave stated that all work described in Plan No. 7092 concerning the painting of the three-level parking structure at the southwest corner of Fourth and "E" Streets, by Allen B. Davis, the painting contractor, was satisfactorily completed. (34) Council Member Strickler of the Redevelopment Com- mittee stated that Agency Counsel Allen Briggs had in- formed him that the reason the Redevelopment Committee did not recommend funding of the painting of the three-level parking structure through Redevelopment Agency funds is that the agreement between the Redevelopment Agency, the City and the mall specifies that the City will pay for maintenance of the mall parking structure. Council Member Marks made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that the matter of payment to the painting contractor of the three-level parking structure be referred to the Redevelopment Com- mittee in order to locate a source of funding within the Redevelopment Agency, even if this requires an amendment to the reciprocal easement agreement, and that the matter be continued to January 19, 1987. CITY HOLIDAY - DR. MARTIN LUTHER KING, JR'S. BIRTHDAY - JANUARY 19, 1987 - CONTINUED FROM DECEMBER 22, 1986 In a memorandum dated December 16, 1986, Council Member Frazier requested that January 19, 1987, be de- clared a City holiday in honor of Dr. Martin Luther King, Jr. and that the necessary action be taken to make this a permanent hOliday. (33) In memorandums dated January 2, and December 29, 1986, Director of Personnel Perlick provided survey, cost, unit meeting and unilateral implementation information regarding the observance of January 19, 1987, as Dr. Mar- tin Luther King, Jr's. birthday. Personnel Director Perlick answered questions re- garding her memorandums. City Administrator Schweitzer answered questions regarding discussions held with employee groups. Personnel Director Perlick advised the Council that any negotiations concerning the City requesting employee organizations to forfeit a floating holiday in order to observe Dr. Martin Luther King, Jr's. birthday will result in an impasse, and answered questions regarding the im- passe procedure. Council Member Marks made a motion, seconded by Coun- cil Member Hernandez and unanimously carried, that the City Administrator be directed to proceed expeditiously with negotiations with employee organizations on the issue of substituting one floating holiday in place of a holiday to commemorate the birthday of Dr. Martin Luther King, Jr., and to report back to the Mayor and Common Council on January 12, 1987, or sooner. 20 1/5/87 RES. 87-12 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE PARCEL MAP FOR SUB- DIVISION PARCEL MAP 9506, LOCATED AT THE SOUTHEAST CORNER OF VELARDE STREET AND "G" STREET, NORTH OF MILL STREET, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (18) City Engineer Hardgrave was present to answer ques- tions. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. vote: Quiel, Member Resolution No. 87-12 was adopted by the fOllowing Ayes: Council Members Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Estrada. MAYOR WILCOX RETURNED At 5:25 p.m., Mayor Wilcox returned to the Council Meeting and took her place at the Council Table. RES. 87-13 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUB- DIVISION TRACT NO. 13039, LOCATED ON THE NORTHWEST CORNER OF KENDALL DRIVE AND UNI- VERSITY PARKWAY, ACCEPTING THE PUBLIC DEDI- CATIONS AS SET FORTH ON SAID MAP; AND AUTHO- RIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUB- DIVISION, WITH TIME FOR PERFORMANCE SPECI- FIED. (20) Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions. Council Member Quiel made a motion, seconded by Coun- cil Member Hernandez and unanimously carried, that said resolution be adopted with the understanding that all bonds and performance requirements must be completed before approval of the final map. Council Member Quiel made a motion, seconded by Coun- cil Member Hernandez and unanimously carried, that said resolution be adopted. vote: Quiel, Member Resolution No. 87-13 was adopted by the following Ayes: Council Members Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Estrada. POLICY - LEGAL OPINIONS - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for discus- sion concerning the policy of obtaining outside legal opinions regarding possible conflict of interest of Coun- cil Members. (See Page 1) The Mayor and Common Council discussed the request of City Attorney Prince to contact the League of California Cities to provide a name of counsel to give an opinion on the duties of the City Attorney in conflict of interest cases. 21 1/5/87 Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the issue of obtaining a legal opinion from an outside source on the two most recent memos from the City Attorney con- cerning his policy on conflict of interest, and examining the appropriate role of the City Attorney in representing members of the Council and the Council as a whole, is to be placed on the January 19, 1987, Council Agenda as the first item, preceeding the consent calendar. RECESS MEETING - CLOSED SESSION At 5:313 p.m., Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, to recess to a Closed Session under the authority of Government Code sections 54956.9 (c), concerning pending litigation, Section 54956.9(a) to confer with its attorney regarding litigation, Operation Second Chance, U.S. Bank- ruptcy Court for the Central District of California, Case No. 86-f32889-DN, and Section 54956.9(a) to confer with its attorney regarding litigation, Reschke vs Towery, et al, Case No. 227927. (S-3) CLOSED SESSION At 5:313 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers, City Hall, 31313 North "D" Street, San Bernardino, Cali- fornia. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Administrator Schweitzer, Deputy City Attorney Sabourin, Executive Director of the Redevelopment Agency Saul, Administrative Assistant to the Mayor Bennecke, Executive Assistant to the Council Arvizo. Absent: Council Member Estrada; City Attorney Prince, City Clerk Clark. CITY CLERK CLARK ARRIVED At 5:35 p.m., City Clerk Clark arrived at the Council Meeting. ADJOURN CLOSED SESSION At 5:55 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Regular Meeting in the Council Chambers of City Hall, 31313 North "D" Street, San Bernardino, California. RECONVENE MEETING At 5:55 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, 31313 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Clerk Clark, City Administrator Schweitzer, Deputy City Attorney Sabourin. Absent: Council Member Estrada; City Attorney Prince. RECESS MEETING - CLOSED SESSION At 5:57 p.m., Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, to recess to a Closed Session under the authority of Government Code Section 54957, to consider personnel matters. (S-3) 22 1/5/87 CLOSED SESSION At 5:57 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers, City hall, 31313 North "D" Street, San Bernardino, Cali- fornia. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; Deputy City Attorney Sabourin. Absent: Council Member Estrada; City Attorney prince, City Clerk Clark, City Administrator Schweitzer. ADJOURN CLOSED SESSION At 6:113 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Regular Meeting in the Council Chambers of City Hall, 31313 North "D" Street, San Bernardino, California. RECONVENE MEETING At 6:113 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, 31313 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Reilly, Hernandez,Marks, Quiel, Frazier, Strickler; City Clerk Clark, City Administrator Schweitzer, Deputy City Attorney Sabourin. Absent: Council Member Estrada; City Attorney Prince. POSITIONS AND SALARIES - CREATE AND ESTABLISH - ADMINISTRATIVE ASSISTANT TO THE MAYOR - EXECUTIVE ASSISTANT TO THE COUNCIL Council Member Marks made a motion, seconded by Coun- cil Member Hernandez and unanimously carried, that the position of Administrative Assistant to the Mayor be deleted; that the position of Executive Assistant to the Mayor be created, at the same rate of pay as the position of Executive Assistant to the Council, Range 4147; that the two incumbents of these positions, Richard Bennecke and Phil Arvizo, are to be promoted to the "E" Step of Range 4147 effective immediately; and staff is directed to prepare the appropriate resolutions. RECRUITMENT OF CITY ADMINISTRATOR POSITION This is the time and place set for discussion of recruitment for the position of City Administrator. (S-l) Council Member Marks explained his reasons for going forward with the recruitment of a City Administrator. Mayor Wilcox stated that she would provide an evalua- tion of City Administrator Schweitzer's performance at the Regular Meeting of the Mayor and Common Council to be held January 19, 1987, in the Council Chambers of City Hall, 31313 North "D" Street, San Bernardino, California, and requested a continuance of this matter. Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that the evaluation of the City Administrator position be continued to January 19, 1987. MAYOR WILCOX EXCUSED At 6:213 p.m., Mayor Wilcox left the Council Meeting. 23 1/5/87 LEAVING OFFICE STATEMENT - COUNCIL MEMBER MARKS - FOURTH WARD Council Member Marks expressed his appreciation in working with the Council during his term of office. ADJOURNMENT At 6:213 p.m., Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried that the meeting be adjourned to 9:1313 a.m., Monday, Janu- ary 12, 1987, in the Council Chambers of City Hall, 31313 North "D" Street, San Bernardino, California. ./($/~ / CIty er Hours 8 Items 50 24 1/5/87