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HomeMy WebLinkAbout01-19-1987 Minutes City of San Bernardino, California January 19, 1987 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Reilly at 9:30 a.m., on Monday, January 19, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Pro Tempore Reilly; Council Members Reilly, Hernandez, Quiel, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Mayor Wilcox; Council Members Estrada, Frazier. RECESS MEETING AT 9:30 a.m., Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously car- ried, that the the Regular Meeting of the Mayor and Common Council recess to the Dr. Martin Luther King, Jr. ceremony in the City Hall Plaza, 300 North "D" Street, San Bernar- dino, California. RECONVENE MEETING At 10:35 a.m., the Regular Meeting of the Mayor and Common Council reconvened at the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Reilly, Hernandez, Quiel, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Estrada, Frazier. INVOCATION The Invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Reilly. PUBLIC COMMENTS - JAMES PENMAN - REQUEST FOR INFORMATION James Penman, Attorney and candidate for the office of City Attorney, stated he understood that in the Roy Summers case, the City's legal fees and costs totalled $450;000, and asked if any of the Council knew how much was paid to the City's attorneys in this matter. (A) Mr. Penman also asked about the amount spent for outside attorneys on the Hampshire Flood matter. Mr. Penman suggested expanding the notice require- ments for dealing with requests for zone changes to in- clude an area larger than the 500 feet which is presently the criteria, as many developments impact an area of up to five square miles. Mr. Penman stated that two salary raises were ap- proved at the meeting of January 5, 1987, in Closed Ses- sion, in violation of the Brown Act, and two Commission appointments were confirmed which were not on the agenda. The Mayor and Council discussed the legality of the appointments. City Attorney Prince stated his advice was to ratify the appointments at this time and that the appointments are valid until challenged. City Administrator Schweitzer agreed to put the Com- mission appointments on the next agenda for ratification. It was suggested that the Mayor notify Commissioners who were appointed at the meeting of January 5, 1987, that they could attend their Commission meetings, and request that they abstain from voting on any issue until their positions are ratified at the next Council Meeting on February 2, 1987. COUNCIL MEMBER FRAZIER ARRIVED At 10:47 a.m., Council Member Frazier arrived at the Council Meeting and took his place at the Council Table. City Attorney Prince stated it was not necessary for citizens to appear before the Council for public informa- tion, as it readily available for inspection. SMOKE DETECTORS - DISCUSSION The Mayor and Council discussed whether or not it would be a violation of the Brown Act to consider the matter of the installation of smoke detectors in all rental units, as the matter was not on the agenda nor posted for 72 hours prior to this meeting. (C) Phil Arvizo, Executive Assistant to the Council, stated that this matter meets the requirements of the National League of Cities' interpretation of the Brown Act in that this item arose subsequent to the posting of the agenda and is considered an urgency matter. City Attorney Prince stated the matter could be dis- cussed by adopting a motion that the need arose subsequent to the posting. He stated that the definition of "emer- gency" is very narrow, and the only basis would be that the need arose subsequent to the posting of the agenda, which is a factual determination by the Council. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that this matter be considered at the afternoon session, and that the need for discussion arose subsequent to the posting of the Agenda, based on the fact that the Council was not aware of the requirement for smoke detectors in housing units and that there had not been an inspection made of residential units. (See page 25) APPOINTMENT - AUTHORITY FOR THE HANDICAPPED - COUNCIL MEMBER REILLY Pursuant to a memorandum dated January 6, 1987, from Mayor Wilcox, Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, to approve the appointment of Council Member Jack Reilly to the Authority for the Handicapped. (E) APPOINTMENT - WAYS AND MEANS COMMITTEE - COUNCIL MEMBER QUIEL Council Member Strickler made a motion, seconded by Council Member Reilly, that Council Member Quiel be ap- pointed to serve on the Ways and Means Committee. (E) 2 1/19/87 The Mayor and Council discussed membership on the Ways and Means Committee and the possible restructuring of the Committee in June after new Council Members are elected. Council Member Frazier made a substitute motion, seconded by Council Member Hernandez, that the appointment of Council Member Quiel to the Ways and Means Committee be continued to the afternoon session until Council Member Estrada arrived. The motion failed by the following Council Members Hernandez, Frazier. Noes: bers Reilly, Quiel, Strickler. Absent: Estrada. vote: Ayes: Council Mem- Council Member The original motion made by Council Member Strickler, seconded by Council Member Reilly of the appointment of Council Member Quiel to the Ways and Means Committee was voted on. The motion failed by the following vote: Ayes: Council Members Reilly, Quiel, Strickler. Noes: Council Members Hernandez, Frazier. Absent: Council Member Estrada. APPOINTMENT - CABLE TELEVISION COMMISSION - TED CHINN Pursuant to a memorandum dated January 7, 1987, from Mayor Wilcox, Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to approve the appointment of Mr. Ted Chinn, 245 East 34th Street, San Bernardino, CA 92404, to the Cable Television Commission. (E) City Clerk Clark stated that the oath of office had been administered to Mr. Chinn earlier in the day. The Council and City Attorney discussed the legality of administering an oath prior to approving the appoint- ment by motion. CONFLICT OF INTEREST POLICY OF REPRESENTATION BY CITY ATTORNEY - LEGAL OPINION FROM OUTSIDE SOURCE - CONTINUED FROM JANUARY 5, 1987 This is the time and place continued to for discus- sion concerning the issue of obtaining a legal opinion from an outside source on the two most recent memos from the City Attorney regarding his policy on Conflict of Interest, and examining the appropriate role of the City Attorney in representing individual members of the Coun- cil, and the Council as a whole. (F) In previous action, in a memorandum dated December 31, 1986, Council Member Strickler requested a discussion of hiring an outside attorney to furnish the Mayor and Council with an opinion when necessary. Attached to that memorandum were copies of a letter dated December 17, 1986 from Council Member Strickler to the State Attorney Gen- eral, a letter dated December 24, 1986, from Jack Winkler, Assistant Attorney General, and a copy of Government Code Section 12519. Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that the discussion on the Conflict of Interest Policy of the City 3 1/19/87 - Attorney's Office be continued until responses have been received to letters sent to the State Attorney General and the Fair Political Practices Commission. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairperson wilcox in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. NORTHWEST POLITICAL ACTION COMMITTEE ELECTION PROCEDURES/AMENDMENT TO BY LAWS In a memorandum dated January 13, 1987, Glenda Saul, Executive Director of the Redevelopment Agency, gave the background of the Northwest PAC election proceedings. (R-5) COUNCIL MEMBER ESTRADA ARRIVED At ll:25 a.m., Council Member Estrada arrived at the Council Meeting and took her place at the Council Table. After receiving testimony from citizens, and discus- sion, the Mayor and Council, acting as the Community Development Commission, took action to expend funds for the Northwest Project Area Committee Election upon approv- al by Agency Counsel that the by-laws are in accordance with whatever election procedures are used. RES. 87-l4 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, APPROVING THE ISSUANCE OF ITS "CITY OF SAN BERNARDINO, CALIFORNIA, SCH HEALTH CARE SYSTEM REVENUE BONDS (SIS- TERS OF CHARITY OF THE INCARNATE WORD, HOUSTON, TEXAS), SERIES 1987A," FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING BOND, SERIES 1983A; MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. (R-4 ) City Clerk Clark read the title of the resolution. Mayor wilcox opened the hearing. Council Member Strickler stated he would abstain on this matter, as he had a client relationship with St. Bernardine Hospital. Council Member Quiel stated he would abstain on this matter because his company had done business with St. Bernardine Hospital. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. Council Member Frazier made a motion, seconded by Council Member Hernandez that further reading of the reso- lution be waived and said resolution be adopted. vote: Frazier. Abstain: Resolution No. 87-14 was adopted by the Ayes: Council Members Estrada, Reilly, Noes: None. Absent: Council Member Council Member Quiel. following Hernandez, Strickler. 4 1/19/87 RES. 87-l5 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, APPROVING A CERTAIN TRUST INDENTURE WHICH CREATES A TRUST ESTATE AND MAKES CERTAIN PROVISIONS THEREFOR; AND WHICH AUTHORIZES THE ISSUANCE OF ITS "CITY OF SAN BERNARDINO, CALIFORNIA, SCH HEALTH CARE SYSTEM REVENUE BONDS (SISTERS OF CHAR- ITY OF THE INCARNATE WORD, HOUSTON, TEXAS), SERIES 1987A, "FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING BONDS, SERIES 1983A; MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH; APPROVING A CER- TAIN LOAN AGREEMENT WITH SISTERS OF CHARITY OF THE INCARNATE WORD, HOUSTON, TEXAS, SOLE CORPORATE MEMBER OF ST. BERNARDINE HOSPITAL OF SAN BERNARDINO; APPROVING A BOND PUR- CHASE AGREEMENT AND AUTHORIZING ITS EXECU- TION; APPROVING A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING ITS USE AND AU- THORIZING A FINAL OFFICIAL STATEMENT AND DIRECTING ITS EXECUTION; AND AUTHORIZING SUCH FURTHER ACTION AS MAY BE NECESSARY TO CONCLUDE THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS. (R-4) City Clerk Clark read the title of the resolution. Council Member Frazier made a motion, seconded by Council Member Hernandez, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 87-15 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier. Noes: None. Absent: Council Member Strickler. Abstain: Council Member Quiel. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST ADOPTING AMENDED DES IGN GUIDELINES AND DEVELOPMENT FRAMEWORK FOR THE CENTRAL CITY SOUTH STUDY AREA. (R-7) City Clerk Clark read the title of the ordinance. Sr. Assistant City Attorney Briggs read the change that Council Member Reilly had suggested in the wording of the attachment to the ordinance. Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the ordinance be waived and said ordinance be laid over for final passage as amended by inserting the words "and frontages" after the words "smaller sizes" on page 39 of the Qeve~Ement Framework and Design Guide- lines, an attachment to the ordinance. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. RECESS MEETING - CLOSED SESSION At 12:15 p.m., the Common Council, acting as the Community Development Commission, recessed to a Closed Session pursuant to Government Code Section 54956.9 (a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the Rede- 5 l/19/87 velopment Agency of the City of San Bernardino is a party. The title of the litigation is In re: Operation Second Chance, United States Bankruptcy Court Case No. SB86-02889-DN. RECONVENE MEETING At 12:40 p.m., The Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Quiel, Strickler; City Attor- ney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Frazier. GOVERNMENT OBLIGATION BOND FUNDING - REQUEST FOR DISCUSSION - COUNCIL MEMBER ESTRADA In a memorandum dated January 8, 1987, Council Member Estrada requested a discussion on Government Obligation Bond financing. (25) RECESS MEETING - WORKSHOP - GOVERNMENT OBLIGATION BONDS FINANCING At 12:40 p.m., Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the Council recess to a workshop to discuss Govern- ment Obligation Bonds financing in the Redevelopment Agency Board Room, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California. WORKSHOP - GOVERNMENT OBLIGATION BONDS FINANCING At 12:40 p.m., the Workshop for discussion on Govern- ment Obligation Bonds Financing was called to order by Mayor wilcox in the Redevelopment Agency Board Room, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor wilcox; Council Members Estrada, Reilly, Hernandez, Quiel, Strickler; City Attor- ney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Frazier. Also present: Allen Briggs, Sr. Assistant City At- torney; Glenda Saul, Executive Director of the Redevelop- ment Agency; Craig Graves, City Treasurer; Ken Henderson, Director, Community Development Department; Warren Knud- son, Finance Director; Roger Hardgrave, Director of Public Works/City Engineer; Manuel Moreno, Jr., Director, Public Services; Sandy Lowder, Manager, Redevelopment Division; Lorraine Velarde, Administrative Services Manager; Timothy Sabo, Agency Bond Counsel; Jeff Kinsel, Bond Representa- tive, Miller & Schroeder; Norine Miller, Candidate for Council Member, Seventh Ward; Kiko Gomez, citizen. Council Member Estrada introduced her proposal for financing of General Obligation Bonds in the amount of $100,000,000. The following memoranda were received regarding vari- ous financial and technical aspects of the proposal: from Timothy J. Sabo, Bond Counsel, dated January 14, 1987, November 4, 1986 and October 20, 1986; from Glenda Saul, Executive Director, Redevelopment Agency, dated December 31, 1986, and January 13, 1986 (sic). 6 1/19/87 The following memoranda were received from City De- partment Heads listing recommended projects under their jurisdiction proposed to be funded through bond proceeds: from Manuel P. Moreno, Jr., Director of Public Services, dated January 16, 1987; from Annie Ramos, Director, Parks, Recreation & Community Services, dated November 25, 1986; from Roger Hardgrave, Director of Public Works/City Engineer, dated November 19, 1986. Timothy Sabo, Bond Counsel, and Jeff Kinsel, Bond Counsel representing Miller & Schroeder, answered ques- tions. ADJOURN WORKSHOP At l:50 p.m., the Workshop on General Obligation Bond Financing adjourned to the Regular Meeting of the Mayor and Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:03 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor wilcox; Council Members Estrada, Reilly, Hernandez, Quiel, Strickler; City Attor- ney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: Council Member Frazier. CONDITIONAL USE PERMIT NO. 86-46 - APPLICATION TO RELOCATE BUILDING FROM 264 E. 40TH STREET TO SOUTH SIDE OF WARD STREET, EAST OF WATERMAN In a memorandum dated January 7, 1987, Planning Di- rector Schuma presented application for Conditional Use Permit No. 86-46 filed by Ben Finley and L. Young, 895 W. Second Street, San Bernardino, CA 92410 for owner Richard Ruddick, 653 W. 6th Street, San Bernardino, CA 92410, to relocate an existing frame and stucco commercial building of approximately 936 square feet to serve as the office of a proposed automobile sales lot in the C-M, Commercial Manufacturing Zone. The building is to be moved from its present location at 264 East 40th Street to an approxi- mately .l7 acre site located on the south side of Ward Street, approximately 200 feet east of the centerline of Waterman Avenue. (36) Planning Director Schuma presented the background on Conditional Use Permit No. 86-46 and answered questions, stating that if the project were not completed within a certain specified time, the matter would revert back to the Planning Commission for final disposition. Lowell Young, representing the owner, Richard Rud- dick, was present and showed pictures of the proposed project, and answered questions regarding the building. The Mayor and Council discussed the practice of mov- ing buildings within the City. Council Member Estrada made a motion, seconded by Council Member Reilly, to approve the responses to com- ments and to adopt the Negative Declaration for environ- mental impact which has been reviewed and considered; and to approve the findings and the recommendation of the Planning Commission. 7 1/19/87 The motion carried by the following vote: Council Members Estrada, Reilly, Quiel, Strickler. Council Member Hernandez. Absent: Council Frazier. Ayes: Noes: Member CHANGE OF ZONE NO. 86-23 - CHANGE LAND USE ZONING DISTRICT FROM PRD-6 TO R-l-7200 - NORTH SIDE OF THE PROPOSED EXTENSION OF PIEDMONT DRIVE, EAST OF CACTUS CIRCLE In a memorandum dated January 7, 1987, Planning Di- rector Schuma presented the request for Change of Zone No. 86-23, filed by applicant C. P. Lange Engineers, 840-K West Ninth Street, Upland, CA 91786, for owner, Hill-Wil- liams Dev., 3500 E. Santa Ana Canyon Rd. Suite #211, Ana- heim, CA 92807, to change the land use zoning district from PRD-6, Planned Residential Development, 6 dwelling units per acre, to R-1-7200, Single-Family Residential. The subject property is an irregularly-shaped parcel of land consisting of approximately .8 acres having a fron- tage of approximately 462 feet on the north side of the proposed extension of Piedmont Drive and being located approximately 285 feet east of the centerline of Cactus Circle. (37) Planning Director Schuma explained that this request for Change of Zone is for a residual parcel of land that was inadvertently not included in a previous zone change, and is being requested to clean up the records. It was pointed out that there is a building project on a proposed cuI de sac in this area where large con- struction pipes have been placed. Children were seen playing on the pipes, which presents a potential danger for injury. Planning Director Schuma answered questions, stating that the equipment and material should be fenced. Phil Arvizo, Executive Assistant to the Council, stated he had asked Roger Hardgrave, Director of Public Works/City Engineer, to get the contractor of the project to do something about the unfenced materials. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, to approve the responses to comments and to adopt the Negative Declaration for environmental impact which has been re- viewed and considered; and to approve the findings and the recommendation of the Planning Commission and to direct the City Attorney to prepare the necessary amendments to the Zoning Code. CHANGE OF ZONE NO. 86-24 - CHANGE ZONE FROM C-4 TO R-3-2000 - 1095-1ll5 N. "F" STREET In a memorandum dated January 7, 1986, Planning Di- rector Schuma presented a request for Change of Zone No. 86-24, filed by applicant/owner Jarrol and Anita Bondurant, 1744 Turnpost Lane, Hacienda Heights, CA 91745, to change the zone from C-4, Central Business District to R-3-2000, MUltiple-Family Residential on a .45 acre site located on the east side of "F" Street, approximately 620 feet north of Tenth Street, at l095-1ll5 North "F" Street. (38 ) Planning Director Schuma answered questions, stating that this property is already developed and the zone change is for financing purposes. He stated that the proposal as submitted is consistent with the General Plan. 8 1/19/87 Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, to approve the responses to comments and to adopt the Negative Declaration for environmental impact which has been re- viewed and considered; and to approve the findings and the recommendation of the Planning Commission and to direct the City Attorney to prepare the necessary amendments to the Zoning Code. Planning Director Schuma stated that at their meeting of January 6, 1987, the Planning Commission recommended that the Mayor and Council instruct the Planning Depart- ment staff to initiate a study of the area on both sides of "F" Street for a distance yet to be determined both north and south of this subject site for a mass change of zone from C-4 Central Business District to R-3 Multiple Family Residential. City Attorney Prince answered questions regarding proper procedures in giving directions to staff pursuant to the Brown Act, stating that actions can't be taken on items not on the agenda nor given a brief description. He reminded the Council of the meeting to be held at l0:00 a.m., on January 21, 1987, regarding the provisions of the Brown act. City Attorney Prince was asked to contact the State Attorney General's Office to determine whether or not the Brown Act prevents the Council in session from directing staff to take action to bring back information to a public hearing. Mayor wilcox requested that information obtained from the State Attorney General's Office regarding directives to staff be brought back on the Agenda at the next meeting (February 2, 1987). ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 19 OF THE SAN BERNARDINO MUNICIPAL CODE TO PERMIT AUTOMOBILE SALES AGENCIES IN THE C-2 COMMUNITY COMMERCIAL DISTRICT AND OTHER DISTRICTS WHICH PERMIT C-2 USES SUBJECT TO CERTAIN PROVISIONS. FIRST (39 ) City Clerk Clark read the title of the ordinance. Planning Director Schuma explained that this proposed ordinance expands the vehicle sales agency definition as well as provides some restrictions with regard to outdoor display, repair and servicing of vehicles. Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, to ap- prove the responses to comments and to adopt the Negative Declaration for environmental impact which has been re- viewed and considered, to approve the findings and the recommendation of the Planning Commission, that the first reading of the ordinance be waived and said ordinance be laid over for final passage. MINUTES - JANUARY 5, 1987 City Attorney Prince stated he did not approve of the manner in which the City Clerk's Office presented the lengthy discussion of the Brown Act that transpired at the meeting of the Mayor and Common Council on January 5, 1987, as reflected in the minutes on pages 2, 3, and 4. He suggested it would have been better to quote the Brown Act as he read it, rather than present the discussion. He indicated several of the remarks attributed to him did not reflect his true intent. (2) 9 1/19/87 City Clerk Clark stated the purpose of putting the discussion on the Brown Act in the minutes was to have the explanation and comments available for future reference, but would be agreeable to quoting the Brown Act in the minutes. Ms. Clark explained that she has asked a member of her staff to transcribe that portion of the minutes verbatim, to clarify any errors that might have been made. She explained that testimony from citizens and officials other than Council Members is entered in the minutes, but Council Members' remarks are not, as their intentions are reflected in motions and Council actions. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that ap- proval of the minutes of the meeting of the Mayor and Common Council held on January 5, 1987, be continued to Monday, February 2, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPROVE MINUTES - DECEMBER 22, 1986 Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 22nd day of Decem- ber, 1986, be approved as submitted in typewritten form. (1) HISPANIC CHAMBER OF COMMERCE - CDBG REHABILITATION LOAN - CONTINUED FROM JANUARY 5, 1987 This is the time and place continued to for consider- ation of a CDBG Rehabilitation Loan for the Hispanic Cham- ber of Commerce, 972 North Mt. Vernon Avenue. (4) Kenneth Henderson, Director, Community Development Department, explained the background of the proposed CDBG Rehabilitation Loan, stating that the minutes of the His- panic Chamber of Commerce Board authorizing the Chairman to sign all loan documents on behalf of the Chamber had not been received, and recommended continuation. Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the consideration of a CDBG Rehabilitation Loan for the His- panic Chamber of Commerce be continued to February 2, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. MISSION CREEK BOX CULVERT WIDENING - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated January 7, 1987, Roger Hard- grave, Director of Public Works/City Engineer, explained the background of the proposed widening of the Mission Creek Box Culvert, stating it is a joint City/County proj- ect to improve traffic flow on Tippecanoe Avenue. The preliminary estimate of costs is $216,500.00. (5) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the plans for the construction of the widening of the Mission Creek Box Culvert, in accordance with Plan No. 7098, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. PATTON PARK SOUTH IMPROVEMENT - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated January 8, 1987, Roger Hard- grave, Director of Public Works/City Engineer, explained that the plans for the completion of the improvement of Patton Park South had been prepared and the project was 10 1/19/87 ready to be advertised for bids. project cost is $120,000. The total estimated (7 ) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the plans for improvement of Patton Park South, in accordance with Plan No. 7169, be approved, and the Director of Pub- lic Works/City Engineer be authorized to advertise for bids. WAIVER OF CONDITIONS FOR UNDERGROUNDING UTILITIES - STERLING AVENUE AT HIGHLAND AVENUE - "HIGHLAND PLAZA" - REVIEW OF PLANS 86-71 In a memorandum dated January 7, 1987, Roger Hard- grave, Director of Public Works/City Engineer, explained he had received a request for a waiver from Standard Requirement No.7 of Review of Plans No. 86-71, as it applies to the major transmission lines along the east side of Sterling Avenue which involves the development of a retail shopping center at the southeast corner of High- land Avenue and Sterling Avenue. A copy of the request from Glenn N. Holmes, pfeiler & Associates Engineers, Inc., was attached. (8) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the request for a waiver of the condition that the utilities along the east side of Sterling Avenue, in connection with Review of Plans 86-71, south of Highland Avenue, be ap- proved. CLAIMS AND PAYROLL Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, to ap- prove demands against the City and authorize the issuance of warrants as follows: (9) 1. Approve the register of demands dated: December 24, 1986 January 6, 1987 86/87 86/87 #17 #18 $3,425,745.95 1,181,578.70 2. Approve the total gross payroll for the period December 8, 1986, through December 21, 1986, in the amount of $1,309,761.99. BELCO DEVELOPMENT COMPANY LOAN AGREEMENT RESTRUCTURING - CONTINUED FROM DECEMBER 8, 1986 In a memorandum dated January 7, 1987, Kenneth Hen- derson, Director, Community Development Department, ex- plained the background of the Belco Development Company Loan Agreement, stating that on November 17, 1986, a Dec- laration of Default Status was brought before the Mayor and Common Council regarding said loan. At the Council meeting of December 8, 1986 the matter of restructuring this loan was discussed and continued for further discus- sion. Mr. Henderson recommended that the matter be con- tinued again to provide sufficient time for staff to ana- lyze the request for restructuring the loan. (3) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that consideration of restructuring of Belco Development Com- pany Community Development Block Grant be continued to February 2, 1987. PERRIS HILL PARK PARKING LOT RESURFACING - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated January 5, 1987, Roger Hard- grave, Director of Public Works/City Engineer, explained 11 1/19/87 that plans i ng Lot had advertised $62,900. for improvements of the perris Hill Park Park- been prepared and the project is ready to be for bids. The total estimated project cost is (6) City Administrator Schweitzer answered questions. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the plans for resurfacing and restriping the parking lot in perris Hill Park for Fiscalini Baseball Field, in accor- dance with Plan No. 7167, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids. PERSONNEL ACTIONS Council Member Quiel 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 and ratified, as amended, by removing the name of Javier R. Batres, Fire- fighter, page l, and also on page 1, changing the effec- tive dates of the actions concerning Philip A. Arvizo, Executive Assistant to the Council and Richard J. Bennecke, Executive Assistant to the Mayor to January 5, 1987. (10) APPOINTMENTS Police Department Gary Lee Hayes - Police Officer - Effective February 2, 1987 Neal Allen Kelley - Police Officer - Effective January 26, 1987 Mark D. Smith - Police Officer - Effective January 20, 1987 TEMPORARY APPOINTMENTS Fire Department vincent F. Rodgers - Fire Fighter Trainee - Effective January 26, 1987 Parks, Recreation & Community Services Recreation Leader/Part-Time - Effective January 20, 1987 Beverly A. Johns Teresa M. Wilson Lloydine R. McClung Winifred I. Treas - Senior Services Aide - Effective January 20, 1987 Public Services/Refuse Extra Relief Heavy Laborer - Effective January 20, 1987 Steven Henry Arthur A. Molina Andrew R. Romo Paul A. Simms Elias P. Hernandez Paul J. Rodriquez Charles Silva Robert L. Stewart 12 1/19/87 RECLASSIFICATION Mayor's Office Richard J. Bennecke - Executive Assistant to the Mayor - from Administrative Assistant to the Mayor to Executive Assistant to the Mayor - Effective January 5, 1987 HIGHER ACTING CLASSIFICATION Public Works/Engineering Arthur M. Sotelo - Draftsperson - From December 22, 1986 through February 19, 1987 - Effective December 22, 1986 Building & Safety Charles Dunham - Director of Building & Safety - Effective January 5, 1987 SALARY ADJUSTMENT Council Office Philip A. Arvizo - Executive Assistant to the Council - From Range 4136, Step 5, to Range 4147, Step 5 - Effective January 5, 1987 LEAVE OF ABSENCE WITHOUT PAY/MATERNITY Police Department Nancy B. Van Rossum - Intermediate Typist Clerk - From February 5, 1987 through March 2, 1987 - Effective February 5, 1987 The Mayor and Council discussed previous appointments in light of the new provisions of the Brown Act. City Attorney Prince answered questions. The Mayor and Council discussed the policy of making a personnel action retroactive. City Clerk Clark explained that retroactive actions have been an established past practice. City Attorney Prince agreed that ratification of the personnel actions could be done as an administrative oper- ational practice. The Mayor and Council discussed the Higher Classifi- cation action of Charles Dunham, Director of Building and Safety. City Administrator Schweitzer explained the procedure contained in a City ordinance whereby the Assistant De- partment Head of a department automatically assumes the duties of the department head in his/her absence, and after a certain time period receives the higher pay. City Administrator Schweitzer answered questions regarding the method of notifying a department of duties and responsibilities during the change of a department head. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the resolu- tions on the Council Agenda. 13 1/19/87 Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of all the resolutions on the Council Agenda be waived. RES. 87-l6 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING CITY PERSONNEL AC- CESS TO CRIMINAL INFORMATION HISTORY NEEDED TO EVALUATE PROSPECTIVE EMPLOYEE'S ELIGI- BILITY FOR EMPLOYMENT. (11) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted as amended by interdelineation by adding the words "or Personnel Department" after the words "Police Department", on line 27, page l. Resolution No. 87-l6 was following vote: Ayes: Council Hernandez, Quiel, Strickler. Council Member Frazier. adopted Members Noes: as amended by the Estrada, Reilly, None. Absent: COUNCIL MEMBER FRAZIER RETURNED At 3:00 p.m., Council Member Frazier returned to the Council Meeting and took his place at the Council Table. RES. 87-17 - 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 CENTER FOR COMMUNITY COUNSELING AND EDUCATION (AGAPE HOUSE) (l2) Ken Henderson, Director, Community Development De- partment, answered questions regarding his recommendation of approval for this funding, stating that, given the small amount of the investment and the great need of Agape House for an alarm system, he felt it was a worthwhile recommendation. Mr. Henderson also answered questions regarding the balance in the Contingency Fund, stating it was less than he would like it to be. Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 87-17 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. RES. 87-l8 - RESOLUTION OF THE CITY OF SAN BERNARDINO REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO PERMIT THE COUNTY REGISTRAR OF VOTERS TO RENDER SERVICES TO THE CITY OF SAN BERNAR- DINO, RELATING TO A MUNICIPAL ELECTION TO BE HELD ON MARCH 3, 1987. (l3) Council Member Quiel made a motion, seconded by Council Member Frazier that said resolution be adopted. Resolution No. 87-l8 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: None. 14 1/19/87 RES. 87-l9 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION . . . ESTAB- LISHING A BASIC COMPENSATION PLAN. "; CHANGING THE TITLE AND SALARY RANGE OF ADMINISTRATIVE ASSISTANT TO THE MAYOR R4132 ($2493-3036/MO) TO EXECUTIVE ASSISTANT TO THE MAYOR R4l47 ($2998-3654/MO) AND CHANG- ING THE SALARY RANGE OF EXECUTIVE ASSISTANT TO THE COUNCIL FROM R4136 ($2618-3189/MO) TO 4147 ($2998-3654/MO). (l4) Council Member Quiel made a motion, seconded by Council Member Frazier that said resolution be adopted. Resolution No. 87-19 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 87-20 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION . . . OF THE CITY OF SAN BERNARDINO"; ESTABLISHING THE POSITION OF EXECUTIVE ASSISTANT TO THE MAYOR IN THE MAYOR'S OFFICE AND DELETING THE POSITION OF ADMINISTRATIVE ASSISTANT TO THE MAYOR IN THE MAYOR'S OFFICE. (l5) Council Member Quiel made a motion, seconded by Council Member Frazier that said resolution be adopted. Resolution No. 87-20 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 87-2l - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DUNCAN CONSTRUCTION, INC., FOR CONSTRUCTION OF RESTROOM/CONCESSION BUILDING AT DEL VALLEJO JUNIOR HIGH SCHOOL. (16) Council Member Quiel made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 87-21 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: None. READING AND WAIVING OF ORDINANCES City Clerk read the titles of all the ordinances on the Council Agenda. Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of all the ordinances on the Council Agenda be waived. ORD. MC-578 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMEND I NG THE LAND US E Z ON I NG MAP, WHICH IS INCORPORATED BY REFERENCE IN SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNI- CIPAL CODE (PETITION NO. 85-23, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF RIALTO AVENUE AND PEPPER AVENUE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (Continued from January 5, 1987) (l7) 15 1/19/87 Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be adopted. Ordinance MC-578 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: None. ORD. MC-579 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNI- CIPAL 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 I -215 FREEWAY ON THE WEST), AND ADOPTING THE NEGATIVE DECLARA- TION FOR ENVIRONMENTAL REVIEW. (18) Council Member Strickler stated he would abstain from voting on this ordinance. Council Member Quiel made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-579 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier. Noes: None. Absent: None. Abstain: Council Member Strickler. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SECTION 15.28.170 OF THE SAN BER- NARDINO MUNICIPAL CODE TO PROVIDE THAT A RECORDED NOTICE OF PENDENCY OF ADMINISTRA- TIVE PROCEEDINGS SHALL ALSO CONSTITUTE NOTICE TO ANY BENEFICIARY OF A TRUST DEED, LIENHOLDER, MORTGAGEE, OR INTERESTED PARTY OF THE PROPERTY INVOLVED IN THE PROCEED- INGS. (l9) Council Member Hernandez stated he would abstain on this matter. Council Member Quiel made a motion, seconded by Council Member Strickler, that said ordinance be laid over for final passage. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Hernandez. SMALL BUSINESS LOAN - ALLOCATION OF l% IDB FUNDS - COMMUNITY DEVELOPMENT DEPARTMENT - SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL - CONTINUED FROM JANUARY l2, 1987 This is the time and place continued to for consider- ation of the approval of the allocation of 1% IDB funds (approximately $726,4l3) on a fifty-fifty basis between the Community Development Department and the San Bernar- dino Economic Development Council in order to fund the Small Business Loan Program. (20) At the meeting of January 12, 1987, Ken Henderson, Director of Community Development, provided an itemized report of loan purchase agreements from the San Bernardino Economic Development Council, plus a summary of the last fiscal year and the administrative budget necessary to l6 1/l9/87 administer the Small Business Loan Program. A 50% alloca- tion of anticipated available funds and additional staff was assumed in the preparation of the budget. Ken Henderson, Director, Community Development Com- mission, answered questions, stating that Mr. Henley of the Economic Development Council was aware of the action taken by the Mayor and Common Council. Council Member Estrada made a motion, seconded by Council Member Frazier and unanimously carried, that a workshop be scheduled for the purpose of discussing the allocation of 1% IDB funds on a fifty-fifty basis between the City of San Bernardino Community Development Depart- ment and the Economic Development Council on Thursday, January 22, 1987, at 1:00 p.m., in the Redevelopment Agen- cy Board Room, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California. City Administrator Schweitzer agreed to ask Mr. Hen- ley to respond in writing acknowledging the receipt of the notice, so there is no misunderstanding as to time and date of the meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO RELATING TO THE FUNDING OF THE REVOLVING LOAN FUND TRANSFERRED FROM THE SAN BERNAR- DINO ECONOMIC DEVELOPMENT COUNCIL TO CITY'S COMMUNITY DEVELOPMENT DEPARTMENT AND PRO- VIDING INITIAL FUNDING FOR THE SAN BERNAR- DINO ECONOMIC DEVELOPMENT COUNCIL'S MAR- KETING PROGRAM. (Continued from January 5, 1987) RESOLUTION OF THE CITY OF SAN BERNARDINO RELATING TO THE FUNDING OF THE REVOLVING LOAN FUND TRANSFERRED FROM THE SAN BERNAR- DINO ECONOMIC DEVELOPMENT COUNCIL TO CITY'S COMMUNITY 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. (21) (Continued from January 5, 1987) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the above resolutions be revised by the City Attorney in ac- cordance with the direction to be given at the workshop of the Mayor and Council, Executive Board of the Economic Development Council and the Director of Community Develop- ment concerning the allocation of l% IDB funds, and con- tinued to February 2, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. ARTHUR YOUNG STUDY - PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT - STATUS REPORT - CONTINUED FROM JANUARY 5, 1987 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. (22) City Administrator Schweitzer stated the Ad Hoc Com- mittee requested a continuance of this matter for further details from Annie Ramos, Director, Parks, Recreation & Community Development and himself. l7 1/19/87 Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the status report from the City Administrator relative to the recommendations made by Arthur Young's audit of the Parks, Recreation & Community Services Department be continued to February l6, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECRUITMENT OF CITY ADMINISTRATOR POSITION - CONTINUED FROM JANUARY 5, 1987 This is the time and place continued ation of recruitment for the position of tor. to for consider- City Administra- (23) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the recruitment for the position of City Administrator be continued for discussion in Closed Session. (See page 27) THREE-LEVEL PARKING STRUCTURE MAINTENANCE - REPORT FROM REDEVELOPMENT AGENCY COMMITTEE - CONTINUED FROM JANUARY 5,1987 This is the time and place continued to for consider- ation of a report from the Redevelopment Agency Committee relative to repaying the City for costs incurred in paint- ing the three-level parking structure at the southwest corner of Fourth and "E" Streets, by Allen B. Davis, painting contractor, which were paid by the City out of salary savings. (24) Council Member Quiel, representing the Redevelopment Agency Committee, reported that State law prohibits the use of RDA tax increment dollars for maintenance, and that the City is a party to an agreement with the Redevelopment Agency and developers at that location, which specifies the City as being responsible for maintenance of that parking structure. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the report from the Redevelopment Agency Committee relative to the maintenance of the three-level parking structure with funding coming from the Redevelopment Agency, be tabled. LEGISLATIVE REVIEW COMMITTEE REPORT - JANUARY 8, 1987 Council Member Quiel, Acting Chairman of the Legisla- tive Review Committee, gave the report of the Legislative Review Committee meeting held on January 8, 1987. The following items were discussed: (26) 1. Amendment to Section 9.90.010 of the M.C.-=-Issue-NOtTces-to-Appear-f~vT~ tions - Item continued. The City Attorney waS-directed to change the amendment to indicate that "all custodial arrests shall be made only by sworn officers of the San Bernardino Police Department" and bring item back to Committee. 2. Amendment to Section 15.28.l70 of the M. C. to Provide That a Recorded Notice of ~endeg~ of Administrative Proceedings Shall Also Constitute Notice to Any Bene- ficiary of a Trust Deed, Lienholder, Mor- !2~e or Interested Party of Property Involved in the Proceedings - The Committee recommended approval. (See Item 19, page 16) 18 1/19/87 3. City's Policy on Underground Utilities - Item continued with direction given to Director of Public Works to prepare a pol- icy and procedures letter, present recom- mended standards and coordinate with Southern California Edison before bringing back to Committee. 4. !!andicap_~arki~=-~~!.raLC i~.LMall -Item continued. The Committee referred the item to the Commission for Disabled Persons for their coordination with Mr. Sam Catalano, Central ci ty Mall. The City Attorney is to provide a legal interpreta- tion of the law regarding handicap parking parameters. 5. Agreement Termination -Installation/ Maintenance of Electric Fountain - National Orange Show - Item continued for two weeks a~request of Mr. Brosmer of the National Orange Show. 6. Review of Parking Ordinance - Planning Commission on January 20, 1987 - No action required by Committee. Planning Commission reviewing and will submit to Council. 7. Ordinance Re: Outdoor Sales & Displays =-~~nnl~~~ommlssion_~~_~~~~~~L-l987 -No action required by Committee. Planning Commission reviewing and will submit to Counc i 1. 8. Resolution authorizing City Personnel Access to Criminal Information History Needed to Evaluate Prospective Employee's Eligibility for Employment - The Committee recommended approval and implementation. Request for additional employee will be submitted to the Personnel Committee. (See Item No. ll, page l4) 9. Water Problem on La Hacienda Drive -Item continued. Executive Assistants to Mayor and Council will meet with neighbor- hood representatives, review and analyze situation and make recommendation at next Legislative Review Committee meeting. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the report of the Legislative Review Committee dated January 8, 1987, be received and filed. COUNCIL PERSONNEL COMMITTEE MEETING REPORT - JANUARY 12, 1987 Council Member Reilly, Chairman of the Council Per- sonnel Committee, gave the report of the Council Personnel Committee Meeting held on January l2, 1987. The following items were discussed: (27) l. ~mp~yee Assistance Program - The Com- mittee recommended acceptance of "The Coun- seling Team" proposal and further recom- mended that since the program would be used by RDA and the Water Department, one-third of the cost be absorbed by each entity. 19 1/19/87 2. RD~~ut~irector position - The Committee recommended approval with changes recommended by the RDA Committee. The proposal for the Deputy Director to serve at the pleasure of the Director was ap- proved with the understanding that a proper appeal process for the Deputy will be in place. The salary will remain the same as advertised. The interview and selection process is to be made from the approximate 50 applications that have been received. 3. Review of Pre-Employment Physical Exam- ination Requirements - The Committee recom- mended continuation of the program after reviewing and discussing information pro- vided by staff indicating the value of the program. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that the report of the Personnel Committee meeting, dated January 12, 1987, be received and filed. WAYS AND MEANS COMMITTEE REPORT - JANUARY 15, 1987 Council Member Frazier, Acting Chairman of the Ways and Means Committee, gave the report of the Ways and Means Committee meeting held on January 15, 1987. The fOllowing items were discussed: (28) 1. Ways & Means Committee Chairman - The Committee agreed that Councilman Frazier would assume the duties of Chairman and that they would solicit another member on a "floating" basis, alternating the addi- tional member's position until elections are finalized and the Council votes on Committees. Meeting time was established as 2: 00 p.m., on alternate Mondays from Council meetings. The Mayor and Council discussed membership of the Ways and Means Committee and whether or not the vacancy would be filled by an appointment, or a "floating" member. Council Member Strickler made a motion, seconded by Council Member Reilly, that Council Member Quiel be ap- pointed to fill the vacancy on the Ways and Means Commit- tee. The motion failed by the following vote: Ayes: Council Members Reilly, Quiel, Strickler. Noes: Council Members Estrada, Hernandez, Frazier. Absent: None. 2. Social Service Contract Analysis Report - Item continued. The Committee requested a historical five-year report on dollars allocated in the past, both by City and outside agencies. The Commitee also re- quested a report on total dollars currently committed from the City for 86-87, with a breakdown identifying money coming into the City for social service purposes. 3. Enhanced Adoption Program - City Animal Shelter - Item continued. The Committee accepted and recommended a pilot program in concept but requested a more finite report on financial aspects of the program. The City Attorney will look at legal concerns 20 1/19/87 regarding citizens' rights being violated if citizens are denied the right to adopt. This item will be brought back on January 26. 4. So. California Edison Rate Increase -Item continued to first meeting in Febru- ary. The Acting City Administrator will contact the Public Utilities Commission to ascertain the impact a City resolution has on the commission's decision to raise or not raise rates and to review the Commis- sion's role. He will be asking Ms. Sylvia Segal from TURN (Toward Utility Rate Nor- malization) to appear before the Committee. He will also ascertain what the impact is for City residents, pro or con. City Administrator Schweitzer answered questions regarding TURN, stating that Sylvia Segal had contacted the City, requesting that the City reactivate. Mr. Schweitzer stated he would check into the reason the City discontinued the program. 5. ~lac~History-Parade Fee Waivers -The Committee recommended waiver of fees for this event. (See Item S-3, page 21) 6. Black History Parade Contribution -The Committee recommended a contribution of $7,500 be made to the Black History Parade Committee, Inc. and an agreement be pro- vided in support of the Black History Parade and attendant activities. (See Item S-2, page 21) Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, that the report of the Ways and Means Committee meeting, dated January 15, 1987, be received and filed. BLACK HISTORY PARADE - REQUEST FOR WAIVER OF FEES - JIM KING, PARADE COMMITTEE CHAIRMAN In a memorandum dated January 15, 1987, City Adminis- trator Schweitzer presented a request dated January 7, 1987 from James W. King, Board President, for waiver of fees in connection with the Black History Parade, February 7, 1987. Mr. Schweitzer also provided background on the services and costs thereof to be provided by the City. (S-3 ) Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, that all fees in the amount of $8,564 associated with the 1987 Black History Parade, be waived. BLACK HISTORY PARADE - ATTENDANT ACTIVITIES - REQUEST FOR FINANCIAL CONTRIBUTION - $7,500 In a memorandum dated January 14,1987, Council Member Frazier presented a request for a contribution of $7,500 for the 1987 Black History Parade and attendant activities. Attached was a copy of a letter dated January l4, 1987, from Jim King, District Manager, Southern Cali- fornia Gas Co., and 1987 San Bernardino Black History Parade Committee Chairman, explaining the background of the Black History Parade. (S-2) 21 1/19/87 Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, that the City of San Bernardino contribute $7,500 towards the 1987 Black History Parade and attendant activities. City Administrator Schweitzer answered questions, stating that the funds will come out of the Promotional Account. Jim King, District Manager, Southern California Gas Company, and 1987 Black History Parade Chairman, explained that the Black History Parade Committee had been entirely restructured, and plans were being made to pay the debt of $13,000 left over from the 1986 activities and to become a self sufficient organization. He spoke of a project of selling special calendars on which individuals can have their names printed on their birthdays. Mr. King also stated that they are trying to unite the entire community in future activities. RES. 87-22 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO WICKUM CONSTRUCTION FOR BLEACHER ADDITIONS AND ALTERATIONS TO JOHN FISCALINI FIELD IN PERRIS HILL PARK. (29) City Clerk Clark read the title of the resolution. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived. Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions regarding the fact that the pro- posed contract is 40% over the architect's estimate. He explained that the original estimate was based on a lower level of seating, then the decision was made to expand the dugout so it was necessary to raise the seating so that people could see over the dugouts. Mr. Hardgrave stated that the dugouts could be below ground but that is not recommended because of potential danger of injury. City Administrator answered questions regarding a possible source of funds to cover the additional 40% costs. Richard Bennecke, Executive Assistant to the Mayor, answered questions, stating that originally the City was to incur the costs of improvements to the dugout, but subsequently, the ball club agreed to pay for those expenses. Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions, stating that there is no time for delays in taking action, as twelve weeks are needed to complete the work. The Mayor and Council discussed possible sources of funds to complete this project. It was pointed out that Council Member Reilly is willing to expend the $l7,000 available in Second Ward Park Extension Funds and that Council Member Quiel is willing to expend $l0,000 from the Fifth Ward Parks Extension Funds. 22 1/19/87 The Mayor and Council determined that there are sufficient funds for the contract that is being considered today, and there will be time to identify other funds before further action is required. Resolution No. 87-22 was adopted by the following vote: Ayes: Council Members Reilly, Quiel, Frazier, Strickler. Noes: Council Members Estrada, Hernandez. Absent: None. RES. 87-23 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO BLACK HISTORY PARADE COMMITTEE, INC. RELATING TO FUNDING FOR THE ANNUAL BLACK HISTORY WEEK PARADE. (S-2 ) City Clerk Clark read the title of the resolution. Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived, and said resolution be adopted. Resolution No. 87-23 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: None. CONSIDERATION OF LEGISLATION TO REQUIRE DUPLICATE FINAL AND PARCEL MAPS - DISPLAY OF INFORMATION NOT AFFECTING TITLE INTERESTS In a memorandum dated January 7, 1987, Roger Hard- grave, Director of Public Works/City Engineer, explained that Sections 66445 (g) and 66434 (f) revise the Subdivi- sion Map Act to provide that no additional survey and map requirements, not affecting record title interests, shall be included on a final map or parcel map. These sections became effective as of January 1, 1987. He recommended the matter be referred to the Legislative Review Committee to determine if an ordinance is needed. (30) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the issue of legislation to require submittal of a duplicate final or parcel map, displaying information not affecting record title interests, be referred to the Legislative Review Committee. CITY ENTRANCE SIGN - MORE ATTRACTIVE COMMUNITY, INC. - MARSHALL W. JULIAN Marshall W. Julian, 3150 Valencia, San Bernardino, CA, presented prototypes of entrance signage. The cost is about $5,000 each for the larger ones, and are made of precast concrete. They will be erected primarily in medi- ans at entrances to the City. The proposed locations at this time are Highland Avenue entering from the west, Baseline entering from the west, Fifth Street where Fifth and Fourth Streets converge near Fourth Street Rock Crush- er, on Waterman Avenue coming down from the mountains, East Highland Avenue, from Running Springs and Big Bear, and on South Waterman near the I-l0 Freeway. (3l) The Mayor and Council discussed the various models and Mr. Julian answered questions. Council Member Estrada made a motion, seconded by Council Member Frazier and unanimously carried, to approve the entrance sign which included the seal with domed ped- estal, with the printing in a vertical position. 23 1/19/87 SET APPEAL HEARING - JOHN ZARAGOZA - l358 W. FIFTH STREET - RELEASE OF LIEN - $183.03 In a letter dated January 9, 1987, John Zaragoza, 1472 W. 8th Street, San Bernardino, CA, requested a hear- ing before the Mayor and Common Council for the purpose of obtaining a release of lien in the amount of $183.03 on property located at 1358 W. Fifth Street, San Bernardino, which had been imposed to cover administrative costs. (32) Council Member Estrada made a motion, seconded by Council Member Hernandez and unanimously carried, that a hearing be set for February l6, 1987, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to consider the appeal filed by John Zaragoza for a release of lien in the amount of $183.03. DISCUSSION OF LIGHTING OF TREES OUTSIDE CITY HALL - COUNCIL MEMBER HERNANDEZ In a memorandum dated January 14, 1987, Council Mem- ber Hernandez requested a discussion regarding the light- ing of the trees outside City Hall. (S-l) The Mayor and Council discussed the lighting of the trees on the north side of City Hall, whether or not the installation of lights defaced the trees, and the source of funds and labor for the project. It was suggested that crews might have been working on these lights, rather than repairing much needed street lights. Mayor wilcox explained that maintenance crews in- stalled the lights, not the repair crews who work on the street lights, and that there was no financial cost to the City, as funds were subscribed from private enterprise. It was her opinion that the lights enhanced the trees, rather than defaced them. City Attorney Prince answered questions regarding the legality of the project. He recommended that this matter be referred to his office for a legal opinion and to the Redevelopment Agency, as the materials were under their jurisdiction. Mayor wilcox asked that the City Attorney research this matter and bring it back to the Council. No official action was taken. REQUEST TO DISCUSS CITY CODE VIOLATIONS - CHOP CHOP TREE SERVICE - 165 S. MT. VERNON - COUNCIL MEMBER HERNANDEZ In a memorandum dated January 14, 1987, Council Mem- ber Hernandez requested that alleged City Code violations and irregularities regarding Chop Chop Tree Service, l65 S. Mt. Vernon Avenue be discussed, analyzed and corrective actions be directed to staff. (S-4) It was pointed out that the operator of the Chop Chop Tree Service had been observed dumping debris on other private property, and selling firewood, for which no bus- iness license had been obtained. Greg Garcia, Project Coordinator, Mayor's Office, explained that he had inspected the Chop Chop Tree Ser- vice, 165 S. Mt. Vernon Avenue, and found no indication that firewood was being sold illegally. He stated that the Fire Department had inspected the property and made sure there was no fire hazard. 24 1/19/87 City Administrator Schweitzer stated that a citation had been issued on November 20, 1986 to Peter Curtis for violation of San Bernardino Municipal Code Section 8.15.140 which prohibits littering on private property. Arraignment was set for December 19, 1986, but the defen- dent failed to appear and a bench warrant was issued for his arrest. Mr. Schweitzer further stated that Mr. Curtis had been informed by the City Attorney's Office that the City can ask that its costs be added to the court fine. City Clerk Clark pointed out the difficulty in prov- ing that firewood was being sold illegally, and asked that persons who may have purchased fire wood from Chop Chop Tree Service come forward to testify to provide the neces- sary evidence. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the City bear the cost of removing debris that was illegally dumped by Chop Chop Tree Service, that Council Member Hernandez agreed to be a witness, and that the City at- tempt to recover any costs through the Courts from Chop Chop Tree Service. GENERAL OBLIGATION BONDS RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA CALLING FOR AN ELECTION IN ACCORDANCE WITH SECTION 4307 OF THE GOVERNMENT CODE CON- CERNING GENERAL OBLIGATION BONDS. (S-5) The City Clerk read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that a Blue Ribbon Committee be established, to include Mayor wilcox and Council Member Estrada, and other members to be ap- pointed by Mayor Wilcox. The Committee will be given a six-month time frame to study the matter and bring back recommendations regarding General Obligation Bonds. Council Member Estrada made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be tabled. SMOKE DETECTORS - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for discus- sion on the importance of publicizing the law which re- quires the installation of smoke detectors in all rental units, hotels and motels. It was established earlier in the meeting that the need for this discussion arose subse- quent to the completion and posting of the agenda and could legally be discussed at this time. (See page 2) City Attorney Prince answered questions, stating that the fine for violating this law is $500, with the owner being liable. The Mayor and Council discussed various methods for notifying the public about the law. City Clerk Clark suggested that a short notice be inserted in the Voter's Pamphlets which will be mailed to all registered voters in the City prior to the Primary Municipal Election on March 3, 1987. The notice would advise tenants to contact the owner of the property if 25 1/l9/87 their dwelling does not have a smoke detector. This pro- cedure is allowed pursuant to the Elections Code and would not cost the City anything. Gerry Newcombe, Fire Chief, explained what notifica- tion procedures had been followed when the law requiring smoke detectors in rental units had been enacted. The Mayor and Council agreed that a short message regarding the smoke detector law would be inserted in the Voter's Pamphlet and on the City Water Department bills. Mayor wilcox stated she would suggest to the Water Department that this message be put on the water bills, and City Clerk Clark will see that the message is inserted in the Voter's Pamphlet. Fire Chief Newcombe will assist with the verbage. No official action was taken. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. RECESS MEETING - CLOSED SESSION At 5:30 p.m., Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, to recess to a Closed Session pursuant to Government Code 54957 to consider personnel matters, Government Code 54957.6 to meet with its designated representatives re- garding labor relations matters, and Government Code Sec- tion 54956.9(c) to confer with its attorney regarding pending litigation. (23, 33, 34, 35) CLOSED SESSION At 5:30 p.m., the Closed Session was called to order by Mayor Wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler; City Attorney Prince, City Administrator Schweitzer. Absent: City Clerk Clark. Also present: Craig Graves, City Treasurer; Gerald Newcombe, Fire Chief; Mary Jane Perlick, Director of Per- sonnel; Richard Bennecke, Executive Assistant to the Mayor; Phil Arvizo, Executive Assistant to the Council. RAY SCHWEITZER, CRAIG GRAVES, GERALD NEWCOMBE, MARY JANE PERLICK, RICHARD BENNECKE, PHIL ARVIZO EXCUSED At 6:30 p.m., City Administrator Schweitzer, City Treasurer Graves, Fire Chief Newcombe, Personnel Director Perlick, Executive Assistant to the Mayor Bennecke, and Executive Assistant to the Council Arvizo left the Closed Session. ADJOURN CLOSED SESSION At 6:40 p.m., the Closed Session Adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 6:40 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 26 1/l9/87 ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: None. RECRUITMENT OF CITY ADMINISTRATOR POSITION - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued sion of the recruitment for the position of trator. (See page l8) to for discus- City Adminis- (23 ) Mayor Wilcox stated that she had done an evaluation of Ray Schweitzer, current City Administrator, and was recommending that he be appointed as City Administrator. Council Member Quiel made Council Member Strickler, that Ray Administrator, be appointed to the istrator, effective immediately. a motion, seconded by Schweitzer, Acting City position of City Admin- The Mayor and Council discussed the motion. The motion carried by the following vote: Council Members Reilly, Quiel, Frazier, Strickler. Council Members Estrada, Hernandez. Ayes: Noes: COUNCIL MEMBERS ESTRADA, HERNANDEZ EXCUSED At 6:45 p.m., Council Members Estrada and Hernandez left the Council Meeting. ADJOURNMENT At 6:50 p.m., Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously car- ried, that the meeting be adjourned to Thursday, January 22, 1987, at 1:00 p.m., in the Redevelopment Agency Board Room, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California. ~?7#~4b , City Clerk No. of Items: 54 No. of Hours: 8 hrs., 20 minutes 27 1/19/87