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HomeMy WebLinkAbout02-02-1987 Minutes City of San Bernardino, California February 2, 1987 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:02 a.m., on Monday, February 2, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Reverend Victoria Abrams of Christ Unity Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Reilly. 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 Clerk Clark, City Administrator Schweitzer. Absent: None. BRIEF COMMENTS BY GENERAL PUBLIC Lawrence Jordan, a retired Vietnam veteran, requested faster response to emergency calls by Police Department personnel, and that special attention be given to battered women. He described an incident involving a woman and child who were allegedly involved in a family argument situation the evening before the Council meeting. (A) Mayor wilcox requested that City Administrator Sch- weitzer acquire a report from the Chief of Police of the incident described by Lawrence Jordan, and respond back to the Mayor with a copy to the Common Council. PROCLAMATION - U. S. CONSTITUTION DAY - SEPTEMBER 17, 1987 Richard Bennecke, Executive Assistant to the Mayor, read a proclamation of the Mayor of the City of San Ber- nardino, proclaiming September 17, 1987 as U. S. Consti- tution Day, commemorating the 200th anniversary of the signing of the Constitution. (B) Dr. William Coleman, who has volunteered to be Chair- man of an intended committee to organize commemoration programs for U. S. Constitution Day, and Thelma Press, Executive Director of the International Council, were present to accept the proclamation. APPOINTMENT - VASHTIE DOWDY - EQUAL EMPLOYMENT OPPORTUNITY COMMITTEE (EEOC) In a memorandum dated January 9, 1987, Dr. Juanita Scott requested the appointment of Vashtie Dowdy to the Equal Employment Opportunity Committee (EEOC). (C) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the appointment of Vashtie Dowdy, 1084 W. Magnolia Avenue, San Bernardino, to the Equal Employment Opportunity Committee, be approved. APPOINTMENT - JOHN E. HAYWOOD - EQUAL EMPLOYMENT OPPORTUNITY COMMITTEE (EEOC) In a memorandum dated January 23, 1987, Dr. Juanita Scott requested the appointment of John E. Haywood to the Equal Employment Opportunity Committee (EEOC). (C) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the appointment of John E. Haywood, 976 Beachwood, Rialto, to the Equal Employment Opportunity Committee, be approved. REAPPOINTMENT - CARL LEE OVERCAST - PARKS AND RECREATION COMMISSION - SECOND WARD At the January 5, 1987, meeting of the Mayor and Common Council, Carl Lee Overcast was appointed to the Parks and Recreation Commission as a representative of Council Member Jack Reilly of the Second Ward. (S-9) At the January 19, 1987, meeting of the Mayor and Common Council, it was determined that the appointment of Carl Lee Overcast to the Parks and Recreation Commission could be in violation of the Brown Act. Direction was given by the Council that Carl Lee Overcast could attend the meetings of the Parks and Recreation Commission, but should refrain from voting until his reappointment could be posted on the next meeting's Agenda, and Council action be taken. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the reappointment of Carl Lee Overcast, 1390 Crescent Street, San Bernardino, to the Parks and Recreation Department, be approved. REAPPOINTMENT - MICHAEL P. MAUDSLEY - PLANNING COMMISSION - FOURTH WARD At the January 5, 1987, meeting of the Mayor and Com- mon Council, Michael P. Maudsley was appointed to the Planning Commission as a representative of Council Member Marks of the Fourth Ward. (S-9) At the January 19, 1987, meeting of the Mayor and Common Council, it was determined that the appointment of Michael P. Maudsley to the Planning Commission could be in violation of the Brown Act. Direction was given by the Council that Michael P. Maudsley could attend meetings of the Planning Commission, but that he should refrain from voting until his reappointment could be posted on the next meeting's Agenda, and Council action be taken. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the reappointment of Michael P. Maudsley, 2930 Palm Avenue, Highland, California, to the Planning Commission, be approved. APPROVE MINUTES - JANUARY 19, 1987 Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the Ci ty of San Bernardino held January 19, 1987, be approved as amended by interdelineation on Page 23, Item 2, by chang ing recast concrete to precast concrete. (2) COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM MIX FY 1987-88 - APPROVAL, ADOPTION, AUTHORIZATION In a memorandum dated January 21, 1987, Ken Hender- son, Director of the Community Development Department, recommended a program mix for the FY 1987/88 allocation of Community Development Block Grant funds. (3) Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that the Fiscal Year 1987/88 Community Development Block Grant Program mix be approved and adopted, and that staff be authorized to solicit proposals for same. 2 2/2/87 BELCO DEVELOPMENT COMPANY LOAN AGREEMENT - RESTRUCTURING - CONTINUED FROM JANUARY 19, 1987 In a memorandum dated January 22, 1987, Ken Hender- son, Director of the Community Development Department, stated that Belco Development Company has submitted a pro forma and a cash flow analysis which substantiates the negative cash flow of the company. (4) Three methods of restructuring the outstanding loan with Belco Development Company were provided. Belco Development Company requested time to analyze the impact of each alternative with regard to impact on the possible sale of their project. Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that consi- deration of the restructuring of the Belco Development Company Community Development Block Grant loan agreement be continued to February 16, 1987. SET CLOSED APPEAL HEARING - DISABILITY RETIREMENT COMMITTEE - POLICE OFFICER KEITH L. THOMPSON In a memorandum dated January 22, 1987, Assistant City Attorney Sabourin requested that a closed appeal hearing be set in order to discuss the decision of the Disability Retirement and Rehabilitation Committee con- cerning Police Officer Keith L. Thompson. (6) Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that a closed hearing to discuss the appeal of the decision of the Disability Retirement and Rehabilitation Committee filed by Keith L. Thompson be scheduled for March 23, 1987, at 9:00 a.m. TRANSFER OF FUNDS - CEMETERY CONSTRUCTION FUND - PURCHASE OF SIGNS FOR PIONEER MEMORIAL CEMETERY In a memorandum dated January 16, 1987, Dan Ustation, Cemetery Superintendent, provided cost estimates for the replacement of cemetery entrance signs to pioneer Memorial Cemetery, located at the corner of Seventh Street and Sierra Way. (7) Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that the transfer of $2,000 from the unappropriated reserves of the Cemetery Construction Fund be approved and that these funds be appropriated for the purpose of purchasing three entrance signs at pioneer Memorial Cemetery. 1986/87 BUDGET - APPROVAL OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES In a memorandum dated January 21, 1987, Warren Knud- son, Director of Finance, provided schedules listing prior year carryover items made up of continuing appropriations and encumbrances which require Council action to be for- mally incorporated into the budget. (8) Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that the list of continuing appropriations and encumbrances sub- mitted by the Finance Director's memorandum dated January 21, 1987, be approved for inclusion in the 1986/87 Budget. 3 2/2/87 OUT-OF-STATE TRAVEL - INTERNATIONAL STEERING COMMISSION OF OUTLAW MOTORCYCLE INVESTIGATIONS - DETECTIVE RON COVEY, POLICE DEPARTMENT In a memorandum dated January 13, 1987, Donald Bur- nett, Chief of Police, described the function of the International Steering Commission of Outlaw Motorcycle Investigations and the benefits to the City of having a representative on the committee. (9) Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that the out-of-state travel for Detective Ron Covey to attend the International Steering Commission of Outlaw Motorcycle Investigations in Chicago, Illinois, February 27 through 29, 1987, be approved. MASTER PLAN STORM DRAIN - NORTH OF PATTON HOSPITAL - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated January 22, 1987, Roger Hard- grave, City Engineer, provided project costs for a storm drain to be installed north of Patton Hospital per Plan No. 7106. (11) Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that the plans for installation of Master Plan Storm Drain No. 6-21, from Patton Hospital to Citrus Street, in accordance with Plan No. 7106, be approved; and the Director of Pub- lic Works/City Engineer be authorized to advertise for bids. STREET LIGHTS INSTALLATION - DOWNTOWN UNDERGROUND UTILITY DISTRICT - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated January 22, 1987, Roger Hard- grave, City Engineer, provided a project description for installation of street lights within the Downtown Under- ground Utility District, since the area will be dark upon removal of Edison poles within the next few months. (12) Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that the plans for installation of street lights in the area be- tween Third Street and Fifth Street, and between Sierra Way and Waterman Avenue, in accordance with Plan No. 7166, be approved; and the Director of Public Works/City Engi- neer, be authorized to advertise for bids. APPROVAL AND ACCEPTANCE OF WORK - INDUSTRIAL ASPHALT - PAVEMENT REHABILITATION - 40TH STREET - KENDALL DRIVE TO ELECTRIC AVENUE In a memorandum dated January 21, 1987, Roger Hard- grave, City Engineer, stated that all work under contract with Industrial Asphalt for the pavement rehabilitation of 40th Street between Kendall Drive and Electric Avenue was satisfactorily completed as of January 21, 1987. (13) Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that the work performed by the contractor, in accordance with Specification No. 7047, be approved and accepted, and that final payment be authorized at the expiration of the lien period. 4 2/2/87 SETTING OF HEARING - LANDTECH, INC. - EXEMPTION FROM SCHOOL IMPACTION FEES In a memorandum dated January 23, 1987, City Attorney Prince quoted the requirements specified by Superior Court Judge Krug in remanding the matter of Saad v. City of San Bernardino to the Common Council of the City of San Ber- nardino, which arose from the claim of exemption from the payment of school impaction fees made by LandTech, Inc. (14) Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that a court-ordered hearing on the claim of exemption from school impaction fees by LandTech, Inc. be set for March 9, 1987, at 9:00 a.m. CLAIMS AND PAYROLL Council Member Quiel 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: (15) 1. Approve the register of demands dated: January 12, 1987 January 19, 1987 86/87 #19 86/87 #20 $ 656,155.84 $1,255,800.74 2. Approve the total gross payroll for the period December 22, 1986 through January 4, 1987, in the amount of $1,274,914.16. APPROVE MINUTES - JANUARY 12, 1987 Council Member Quiel made a motion, seconded by Coun- cil Member Hernandez and unanimously carried, that the minutes of the meeting of the Mayor and Common Council held January 12, 1987, be continued in order that a ver- batim account of the subject of the Dr. Martin Luther King, Jr. holiday be transcribed from the tape of the meeting for review by the Council at their next regular meeting to be held February 16, 1987. (1) HISPANIC CHAMBER OF COMMERCE - CDBG REHABILITATION LOAN - CONTINUED FROM JANUARY 19, 1987 In a memorandum dated January 22, 1987, Ken Hender- son, Director of the Community Development Department, provided information regarding interest rates paid on loans taken out by non-profit agencies for the Mayor and Common Council's consideration of a rehabilitation loan to the Hispanic Chamber of Commerce in the amount of $81,000. (5) Ken Henderson, Director of the Community Development Department, answered questions regarding security of the loan. Council Member Quiel made a motion, seconded by Coun- cil Member Strickler, that the CDBG Rehabilitation Loan to the Hispanic Chamber of Commerce in the amount of $81,000, be approved, with the stipulation that it be secured by a First Trust Deed on the property. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strick- ler. Noes: Council Member Hernandez. Absent: None. Council Member Hernandez explained his "no" vote, stating that the loan should be a grant, as the City has granted millions of dollars to other organizations and since the Hispanic Chamber of Commerce is hard pressed, he considers it a disservice to give them a loan instead of a grant. 5 2/2/87 RENOVATION OF CENTRAL CITY BUS STOPS - APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated January 20, 1987, Roger Hard- grave, City Engineer, stated that plans for the renovation of the Central City Bus Stops have been reviewed by Cal- trans, but that bidding of the project has not yet been authorized. (10) Discussion was held concerning the relation of this agenda item to Item 25 regarding authorization to execute Program Supplement No. 43, renovation of bus stops in the Central City area. Roger Hardgrave, City Engineer, answered questions concerning the nine bus stop locations and the composition of the pavement being concrete or asphalt. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the plans for the renovation of the Central City bus stops, in accordance with Plan No. 7048, be approved and the Direc- tor of Public Works/City Engineer be authorized to adver- tise for bids upon approval from Caltrans. PERSONNEL ACTIONS Council Member Quiel 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 as listed on the Personnel Action List dated January 22, 1987, with the exception of the appointments of John E. Tucker to Director of Building & Safety, and Raymond D. Schweitzer to City Administrator. (These appointments were acted upon individually.) (16) TEMPORARY APPOINTMENTS Public Works/Public Buildings Security Officer/Part-Time - Effective January 10, 1987 Martin E. Bennett Gloria J. Nichols Custodial Aide I - Effective February 3, 1987 Ricky Gantt Donald Ray Matthews Anthony D. Jones Mayor's Office Marty D. Holdaway - Conservation Crew Supervisor - Effective January 28, 1987 Fire - Dispatch Cheryl A. Powell - Dispatcher I/Part-Time - Effective February 3, 1987 Police Department Crossing Guard/Part-Time - Effective February 3, 1987 Alice R. Breiten Dan Colin Hansen Bobby Lee Moore Beulah R. Gatten Gerald L. Higby patricia F. Myers 6 2/2/87 PROMOTION/TEMPORARY Public Works/Public Buildings From Custodial Aide II to Custodial Aide III - Effective February 3, 1987 Jimmie Dell Jones Armando Topete Parks, Recreation & Community Services Stella Vargas - From Recreation Leader/Part-Time to Recreation Specialist/Part-Time - Effective February 3, 1987 PROVISIONAL/PROMOTION/TRANSFER Public Services/Street Maintenance Saul Juarez - Tire Repairperson - Effective February 3, 1987 LEAVE OF ABSENCE WITHOUT PAY/EXTENSION SBETA - ADMIN. David L. Gandy - Staff Analyst I (JTPA) - Duration January 21, 1987 through May 20, 1987 APPOINTMENT - JOHN E. TUCKER - DIRECTOR OF BUILDING & SAFETY DEPARTMENT Council Member Quiel made a motion, seconded by Coun- cil Member Strickler, that the appointment of John E. Tucker, Director of Building & Safety Department, effec- tive February 16, 1987, be approved and ratified. (16) The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strick- ler. Noes: Council Member Hernandez. Absent: None. APPOINTMENT - RAYMOND D. SCHWEITZER - CITY ADMINISTRATOR Council Member Quiel made a motion, seconded by Coun- cil Member Strickler, that the appointment of Raymond D. Schweitzer to City Administrator, effective January 20, 1987, be approved and ratified. (16) The motion carried by the following vote: Ayes: Council Members Reilly, Quiel, Frazier, Strickler. Noes: Council Members Estrada, Hernandez. Absent: None. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of the resolutions on the Agenda. Council Member Strickler made a motion, seconded by Council member Hernandez and unanimously carried, that further reading of the resolutions be waived. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. RES. 87-24 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT WITH PRIVATE MEDICAL- CARE, INC., EXTENDING THE TERM FOR AN ADDI- TIONAL YEAR EFFECTIVE JANUARY 1, 1987. (18) Council Member Strickler made a Council Member Frazier and unanimously resolution be adopted, with no changes motion, seconded by carried, that said in rates. 7 2/2/87 Resolution No. 87-24 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 87-25 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH THE JOHN HANCOCK LIFE INSURANCE COMPANY, RELATING TO AN EXTENSION OF THE AGREEMENT FOR ADMINI- STRATIVE SERVICES ON THE CITY'S INSURANCE AND BENEFIT PROGRAMS. (19) Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that said resolution be adopted. Resolution No. 87-25 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 87-26 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2482 EN- TITLED IN PART "A RESOLUTION...DESIGNATING CERTAIN STREET INTERSECTIONS WHERE A STOP SIGN IS REQUIRED..."; AND AUTHORIZING THE INSTALLATION OF STOP SIGNS ON LITTLE LEAGUE DRIVE (PREVIOUSLY CLEARVIEW DRIVE), FRONTAGE ROAD, BELMONT AVENUE AND MEYERS ROAD AT LITTLE LEAGUE DRIVE. (20) Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that said resolution be adopted. Resolution No. 87-26 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 87-27 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 EN- TITLED IN PART "A RESOLUTION...DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS..."; AND PROVIDING THAT LITTLE LEAGUE DRIVE IS A THROUGH HIGHWAY ONLY BETWEEN KENDALL DRIVE SOUTH OF 1-215 AND MEYERS ROAD. (21) Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that said resolution be adopted. Resolution No. 87-27 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. RES. 87-28 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING ASSESSMENT ROLL NO. 974 FOR THE MAINTENANCE OF FUTURE LANDSCAPING IN PORTIONS OF RIALTO AVENUE BETWEEN EUCALYPTUS AVENUE AND PEPPER AVENUE, IN THE CITY OF SAN BERNARDINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO. 974. (23) 8 2/2/87 Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. Resolution No. 87-28 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 87-29 - A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING ASSESSMENT ROLL NO. 966 FOR THE I MPROVEMENT OF PORT IONS OF DALEY CANYON ROAD, EASTERLY OF CHIQUITA LANE, IN THE CITY OF SAN BERNARDINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO. 966. (22) Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. Resolution No. 87-29 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 87-30 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2482 EN- TITLED IN PART "A RESOLUTION...DESIGNATING CERTAIN STREET INTERSECTIONS WHERE A STOP IS REQUIRED..."; AND AUTHORIZING THE INSTAL- LATION OF TWO-WAY STOP SIGNS FOR TRAFFIC ON HARRINGTON AVENUE AND PICO AVENUE AT THEIR INTERSECTION WITH GOODLETT STREET. (24) Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. Resolution No. 87-30 was adopted by the fOllowing vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 87-31 - A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF 5TH STREET, EAST OF MERIDIAN AVENUE, AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILI- TIES, AND FOR PUBLIC UTILITIES, AND AN EASE- MENT FOR ACCESS TO THE CITY OF SAN BERNARDINO POLICE AND FIRE DEPARTMENTS FOR EMERGENCY VEHICLES. (26) Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. Resolution No. 87-31 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: None. Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that Plan No. 7079 for the vacation of a portion of Fifth Street, east of Meridian Avenue, be approved and the City Engineer and City Clerk be authorized to proceed. 9 2/2/87 RES. 87-32 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLE- MENT NO. 43 TO LOCAL AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 8-5033 BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTA- TION. (25) Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. Resolution No. 87-32 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 Clark read the titles of the ordinances on the Agenda. Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of said ordinances be waived. ORD. MC-580 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING SECTION 15.28.170 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE THAT A RECORDED NOTICE OF PENDENCY OF ADMINI- STRATIVE PROCEEDINGS SHALL ALSO CONSTITUTE NOTICE TO ANY BENEFICIARY OF A TRUST DEED, LIENHOLDER, MORTGAGEE, OR INTERESTED PARTY OF THE PROPERTY INVOLVED IN THE PROCEEDINGS. (27) Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that said ordinance be adopted. Ordinance MC-580 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: None. ORD. MC-581 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING TITLE 19 OF THE SAN BER- NARDINO MUNICIPAL CODE TO PERMIT AUTOMOBILE SALES AGENCIES IN THE C-2 COMMUNITY COMMER- CIAL DISTRICT AND OTHER DISTRICTS WHICH PER- MIT C-2 USES SUBJECT TO CERTAIN PROVISIONS. (28) Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that said ordinance be adopted. Ordinance MC-581 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: None. DISCUSSION - BROWN ACT - REFERRING ITEMS TO COMMITTEES The Mayor and Common Council discussed whether or not it was possible under the Brown Act to refer subjects which corne up during discussion of Agenda items to com- mittees for their review. City Attorney Prince recommended that the subject of referring discussion items to committees be placed on the next Council Meeting's Agenda so that a policy can be discussed and adopted. No formal action was taken. 10 2/2/87 COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. 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- 24, GENERALLY LOCATED ON THE EAST SIDE OF "F" STREET APPROXIMATELY 620 FEET NORTH OF TENTH STREET AT 1095-1115 NORTH "F" STREET), AND ADOPTING THE NEGATIVE DECLARATION FOR EN- VIRONMENTAL REVIEW. (29) Council Member Quiel made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that said ordi- nance be laid over for final reading. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SECTION 8.33.100 AND ADDING SECTION 8.36.160 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE THAT VIOLATIONS THEREOF SHALL BE INFRACTIONS. (30) Council Member Quiel made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that said ordi- nance be laid over for final reading. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. APPROVE MINUTES - JANUARY 5, 1987 - CONTINUED FROM JANUARY 19, 1987 This is the time and place continued to for approval of the minutes of the meeting of the Mayor and Common Council held January 5, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia, in order that the account written concerning the Brown Act could be discussed. (31) City Clerk Clark provided a 24-page verbatim tran- script of the tape of the Council meeting held January 5, 1987, concerning the Brown Act, and gave a brief descrip- tion of how Council Minutes are written. She requested that since City Attorney Prince was questioning the written account, that he review the 24-page transcript and recommend what should be in the minutes. City Attorney Prince stated that he would like the minutes to remain as they are written, and respectfully requested that the transcript, with the exception of Pages 8 - 18 as he felt they did not relate to the Brown Act, be attached to the minutes of the meeting of January 5, 1987, so that an explanation would be available for review in the future. The Mayor and Common Council discussed the subject and flow of the 24-page transcript and the need for Pages 8 - 18 to be included in order for continuity. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the minutes of the meeting of the Mayor and Common Council held January 5, 1987 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, be approved and that the 24-page, verbatim transcript of the subject of the Brown Act be made a part of the minutes. 11 2/2/87 RESCHEDULING OF MARCH COUNCIL MEETINGS - PRIMARY ELECTION City Clerk Clark requested that the Mayor and Common Council consider rescheduling the March Council Meetings due to the March 3, 1987, Primary Election. (32) Council Member Quiel made a motion, seconded by Coun- cil Member Estrada and unanimously carried, that the March Council Meeting be scheduled for March 9th and 23rd, the second and fourth Mondays. ABATEMENT - DEMOLITION - 1139 W. 19TH STREET - MANUEL B. ENRIQUEZ In a memorandum dated January 12, 1987, Charles P. Dunham, Acting Superintendent of the Building and Safety Department, provided a history of construction events since 1979, concerning property located at 1139 W. 19th Street, owned by Manuel B. Enriquez. (33) John Tindall, attorney for Manuel Enriquez, requested a two month continuance of the matter, in order for re- modeling of the building to be completed in conformity to City standards, and answered questions regarding work performed on the property since 1979. Charles Dunham, Acting Superintendent of the Building and Safety Department, stated that a set of plans for the construction is needed, and answered questions regarding his opinion of whether plans could be obtained and work completed within 60 days. Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that the property owner, Manuel Enriquez, be allowed 60 days to comply with all necessary requirements, and if, in fact, the plans, permits and completion of the work are not accomplished, the demolition will proceed without the necessity of further Council action. City Attorney Prince answered questions, stating that the property owner can appeal the matter to the Council within the 60-day period. He questioned John Tindall, attorney for property owner Manuel Enriquez, if his client and he are willing to represent that the Council does have the power to demolish the building in the event that with- in the 60-day period the Council's directive has not been complied with. John Tindall, attorney for Manuel Enriquez, answered that if they do not come back and show good cause why the applicant should be allowed additional time, that the decision can go forward. They are attempting substantial compliance and working to the best of their abilities, but certain inordinate delays had occurred that he was not aware of. As far as openly stipulating that no they can't come back in, he can't, on behalf of his client, stipulate to such a thing. He would like to reserve the right to come back. City Attorney Prince stated that he construes this to be an agreement between the City and the developer. The City is agreeing to delay further the demolition of the project, permitting them an opportunity to bring the matter up to code, to obtain permits, submit plans and to complete the building in a satisfactory condition. How- ever, the developer has the right to request an appearance prior to the end of the 60 days. 12 2/2/87 ABATEMENT - 5718 NORTH "D" STREET - TED D. BAIR In a memorandum dated January 21, 1987, Charles P. Dunham, Acting Superintendent of the Building and Safety Department, stated that a proposal had been received from Ted D. Bair concerning revisions and a specific time frame for construction regarding property located at 5718 North "D" Street, and gave a chronicle of events since November, 1980, concerning this project. (34) Ted D. Bair, property owner, was present to answer questions, stating that he has acquired building permits, hired General Contractor Tom Cameron, and has financing in place with the Upland National Bank. Tom Cameron, General Contractor, answered questions, stating that he has a contract with Mr. Bair to build his home and an approximate time frame for construction. Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that the abatement of the public nuisance at 5718 North "D" Street be continued to the second Council Meeting in March; that the property owner be directed to commence construction immediately and if, in fact, construction is not commenced and proceeding on a timely schedule so that completion can be made within 120 days from February 2, 1987, then a motion will be made at that time to go forward with demo- Ii tion. LEGISLATIVE REVIEW COMMITTEE MEETING REPORT _ JANUARY 22, 1987 Council Member Strickler, Chairman of the Legislative Review Committee, presented the report of the Legislative Review Committee Meeting held on January 22, 1987. The following items were discussed: (35) 1. Public Works/Building & Safety Con- struction Fees - Item tabled. The Planning Director will monitor this item and bring back to Committee when necessary. 2. Transfer Density and Fee Waivers - Item tabled. No action can be recommended at this time. The Planning Director will monitor and return to Committee when necessary. 3. Grandfather Clause for Mountain Shadows Villas - Continued for six weeks. The City Attorney and Planning Director will review and analyze the City's position, provide a legal opinion on same and a definition on what "compatability" in the R-3 ordinance means. A copy of the opinion is to be sent to Stubblefield's prior to the next meeting. The BIA will be contacted by the Planning Director before the issue is returned to the Committee. 4. Residential P~ert~uisances - The Committee recommended adoption of the amend- ment to the ordinance. 5. ~~eement Termination - Installation/ Maintenance of Electrical Fountain - National Orange Show - Councilman Quiel abstained from discussion. The Committee requested City Attorney, Public Buildings and General Mana- ger of National Orange Show meet to compare operative leases (all) between the City and the National Orange Show and return to the next meeting. 13 2/2/87 6. City's Policy on Underground Utilities - Continued. The City Attorney and Director of Public Works will review and amend the ordi- nance as recommended and brought back to Committee. City Attorney Prince answered questions, stating that Council Member Quiel can vote on the matter of receiving and filing the Legislative Review Committee Minutes even though he abstained from Item E concerning the National Orange Show agreement. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the Legislative Review Committee meeting held January 22, 1987, be received and filed. WAYS AND MEANS COMMITTEE MEETING REPORT - JANUARY 26, 1987 Council Member Frazier, Chairman of the Ways & Means Committee, presented the report of the Ways and Means Commi ttee Meeting held January 26, 1987. The following items were discussed: (36) 1. Briefing by Sylvi~iege!:. - After an extensive briefing by Ms. Sylvia Siegel, the Committee recommended the continuation of submitting protest resolutions to the Public Utilities Commission. Utility representa- tives from Southern California Edison, General Telephone and Southern California Gas are to be notified that this item will appear on the Council Agenda. The issue regarding the reinstatement of TURN (Toward Utility Rate Normalization) was discussed and con- tinued as an item requiring more study. 2. & 3. Resolutions Establishing a Schedule of Fees Concerning the Conduct of Outdoor Entertainment and Parades Within the City of San Bernardino - Item continued. Ordinance MC-522, approved May 20, 1986, did not re- flect the recommendations of the Ways and Means Committee. The fees, if applied, would discourage any events from taking place. The Committee's intent was to charge minimal fees for control, deposit fees for equipment use and to have a Council waiver clause in the ordinance. Direction was given to the City Attorney to reflect these concerns in the resolutions and ordinance and bring them back to the Committee. 4. Inland Empire Hispanic Chamber of Com- merce Request for Funds The Committee recommended approval of at least $5,500 al- ready identified funds and an additional $1,500 to be identified funds. The agreement is to be prepared and placed on the agenda for consideration by the full Council as two items: (a) $5,500 now, $1,500 to be identi- fied later; and (b) $7,000 now. Discussion was held concerning the funding amount of $5,500 for a promotional account. 14 2/2/87 RES. 87-33 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE RELATING TO FUNDING FOR PROMOTING AND PUBLICIZING THE CITY, EFFECTIVE JULY 1, 1986. (36-d) City Clerk Clark read the title of the resolution. Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, that fur- ther reading of the resolution be waived and that said resolution be adopted. Resolution No. 87-33 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: None. Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, that the minutes of the Ways and Means Commi ttee meeting held January 26, 1987, be received and filed. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. ENCROACHMENT AGREEMENT - KINGS TABLE RESTAURANT - CENTRAL CITY COMPANY - SALVATORE CATALANO, GENERAL MANAGER In a letter dated January 22, 1987, Salvatore Cata- lano, General Manager of the Central City Company, stated that the King's Table Restaurant had been successfully negotiated to locate on the upper level of the Central City Mall near the main arcade entrance, and requested approval of an Encroachment Permit for improvements to be made to the facade treatment of the south elevation of the mall. (37) In a memorandum dated January 26, 1987, Roger Hard- grave, City Engineer, stated that the request for the Encroachment Permit had been reviewed and that the improvements to the facade of the mall would not create a restriction to pedestrian traffic or deliveries. Roger Hardgrave, City Engineer, answered questions regarding encroachment distance restrictions. Council Member Estrada made a motion, seconded by Council Member Hernandez and unanimously carried, that an encroachment agreement for an entrance canopy and decora- tive awning for Kings Table Restaurant to be located in the Central City Mall be approved in principle and that the City Attorney be directed to prepare the necessary documentation, with the stipulation that the encroachment will not exceed six feet. EXPENDITURE OF FUNDS FROM INCREASED RENTS - REDEVELOPMENT AGENCY, COMMUNITY DEVELOPMENT AND WATER DEPARTMENTS - MAINTENANCE AND REMODELING OF VARIOUS PUBLIC BUILDINGS In a memorandum dated January 26, 1987, Roger Hard- grave, City Engineer, stated that since the rental rates for office space leased by the Redevelopment Agency, Water Department and Community Development Department were in- creased by $1.25 per square foot, effective November 1, 1986, a "Public Facility Renovation Fund" was established for deposit of the increased rental rates revenues for expenditure on maintenance and renovation of public facil- ities. (38) 15 2/2/87 Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that authorization to expend the revenue deposited into the Public Facility Renovation Fund, from the increased rents for office space occupied in City Hall by the Redevelop- ment Agency, Community Development Department and Water Department for maintenance and renovation of various pub- lic buildings as deemed necessary, be confirmed. FINE ARTS COMMISSION REPORT - DEVELOPER FEES FOR OPERATIONAL EXPENSES - FELDHEYM CENTRAL LIBRARY In a letter dated January 15, 1987, Barry Silver, Chairman of the Fine Arts Commission and Thelma Press, Liaison, stated that the Finance Department has a balance of $5,624 in the 1/2% development fee fund and that the Commission has called a halt to disbursement of future grants until a revenue build-up is available. (41) The Fine Arts Commission is in receipt of an appli- cation for funds from the Board of Trustees of the San Bernardino Public Library for gallery exhibits at the Feldheym Central Library. Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that the report from the Fine Arts Commission relative to developer fees for operational expenses for the Feldheym Central Library galleries be received and filed. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. CORRESPONDENCE - CONGRESSMAN JERRY LEWIS - MERGER BETWEEN SOUTHERN PACIFIC AND AT&SF RAILWAYS At the December 8, 1986, meeting of the Mayor and Common Council of the City of San Bernardino, Resolution No. 86-488,was adopted, urging the Interstate Commerce Commission to reopen the merger case between the Southern Pacific and Santa Fe Railroads. At the Council's re- quest, Congressman Jerry Lewis was sent a copy of said resolution. (46) In a letter dated January 9, 1987, Congressman Jerry Lewis expressed his concerning about the decision of the Interstate Commerce Commission to disallow the merger between the two railroads, and provided a copy of his letter of September 23, 1986 to Chairwoman Gradison of the Interstate Commerce Commission, in which he expressed his concerns. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the letter dated January 9, 1987, from Congressman Jerry Lewis, regarding the merger of the Southern Pacific and Santa Fe Railroads, be filed. APPLICATION FOR FUNDING FROM HANDS ACROSS AMERICA DOMESTIC GRANT PROGRAM - WESTS IDE DROP-IN CENTER In a memorandum dated January 28, 1987, Annie Ramos, Director of Parks, Recreation and Community Services, stated that California will receive $1.2 million of the $12 million allocated by Hands Across America to assist the hungry and homeless, and that the Westside Drop-In Center has been selected as a potential site to assist with the distribution of funds. (S-3) 16 2/2/87 Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that the Director of Parks, Recreation and Community Services be authorized to apply for funding in the amount of $10,000 from the Hands Across America Domestic Grant program and administer the assistance program through the Westside Drop-In Center. COUNCIL MEMBERS QUIEL AND FRAZIER EXCUSED Council Members Quiel and Frazier left the Council Meeting. RES. 87-34 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO.4 TO THE OPERATING AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE SECCOMBE LAKE STATE URBAN RECREATION AREA; AND REPEAL- ING RESOLUTION NO. 86-425. (S-4) City Clerk Clark read the title of the resolution. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived and that said resolution be adopted. Resolution No. 87-34 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Strickler. Noes: None. Absent: Council Members Quiel, Frazier. RES. 87-35 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR DEVELOPMENT OF THE SECCOMBE LAKE STATE URBAN RECREATION AREA (PHASE lB) BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF SAN BERNARDINO. (S-5) City Clerk Clark read the title of the resolution. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived and that said resolution be adopted. Resolution No. 87-35 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Strickler. Noes: None. Absent: Council Members Quiel, Frazier. COUNCIL MEMBERS QUIEL AND FRAZIER RETURNED Council Members Quiel and Frazier returned to the Council Meeting and took their places at the Council Table. REQUEST BY CITY CLERK TO ENGAGE IN OUTSIDE COUNSEL - POSSIBLE CONFLICT OF INTEREST In a memorandum dated January 28, 1987, City Clerk Clark requested authorization to engage in outside legal counsel for the purpose of rendering an opinion on a matter that appears to be a conflict of interest, and that the City Attorney be disqualified from selecting and supervising said counsel and from participating in the rendering of the opinion. (S-8) City Clerk Clark presented a chronology of an appeal regarding a apartment project on the south side of Rancho Avenue, applicants Frank and Darwin Reinglass, developer. staff report with a 48-unit, three-story of Mill Street, west Del'Andrae, architect, 17 2/2/87 In a request for legal counsel, City Clerk Clark provided a copy of City Attorney Ralph Prince's campaign statement, indicating that on January 9, 1987, Mr. Prince received a $1,000 contribution from Mrs. Alice Steil, co-owner of the Stardust Mobile Home Park, who was a participant in an appeal concerning the Rancho Avenue apartment project. Government Code Section 84308 prohibits an officer of an agency from accepting a contribution of $250 or more from any party, or his or her agent, or from any partici- pant, or his agent, while a proceeding involving a license, permit, or other entitlement for use is pending before the agency and for three months following the date a final decision is rendered in the proceeding, provided that the officer knows that the participant has financial interest. As the filing officer for the City of San Bernardino, City Clerk Clark requested the Mayor and Common Council provide legal counsel to see if Government Code Section 84308 pertains to the position of City Attorney, and if it does apply, recommend a course of action. City Attorney Prince responded that the City Clerk's comments were politically motivated. The Mayor and Common Council of the City of San Ber- nardino discussed the issue. City Attorney Prince answered questions. Council Member Strickler made a motion, seconded by Council Member Estrada, that the matter concerning a pos- sible conflict of interest regarding the City Attorney be sent to the Fair Political Practices Commission and the District Attorney. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strick- ler. Noes: Council Member Hernandez. Absent: None. REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Redevelopment Agency was called to order by Chairman wilcox in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. OVERLAY ZONE - CENTRAL CITY SOUTH STUDY AREA - DESIGN GUIDELINES In a memorandum dated January 26, 1987, Glenda Saul, Executive Director of the Redevelopment Agency, provided Design Guidelines and Development Framework for the Over- lay Zone in the Central City South Study Area, between Rialto Avenue and Mill Street and "E" Street and Inter- state 215. (R-9) ORD. MC-582 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO ADOPTING AMENDED DESIGN GUIDELINES AND DEVELOPMENT FRAMEWORK FOR THE CENTRAL CITY SOUTH STUDY AREA. (R-9) City Clerk Clark read the title of the ordinance. Council Member Strickler stated that he would abstain from the matter of the Central City South Study Area as it was questionable as to whether or not there might be a conflict of interest. 18 2/2/87 Council Member Frazier made a motion, seconded by Council Member Reilly, that further reading of the ordi- nance be waived and that said ordinance be adopted. Ordinance MC-582 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier. Noes: None. Absent: None. Abstain: Council Member Strickler. ASSESSMENT DISTRICT - CENTRAL CITY SOUTH IMPROVEMENT DISTRICT In a memorandum dated February 2, 1987, Glenda Saul, Executive Director of the Redevelopment Agency, provided a tentative schedule for establishment of an assessment district which would authorize the Engineering Department to prepare a report that will help property owners in the Central City South Improvement District to evaluate the impact of the proposed assessment district on their in- dividual properties and would trigger the recapture of costs in the event the assessment district is formed. (R-10) Council Member Quiel made a motion, seconded by Coun- cil Member Reilly, that the City Engineer and City Clerk be authorized to initiate proceedings for the establish- ment of an assessment district under the provisions of the Municipal Improvement Act of 1913/15 and that the City Engineer be directed to prepare an Engineer's Report for the proposed construction and installation of all off site improvements and undergrounding of utilities in the Cen- tral City South area. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Fra- zier. Noes: None. Absent: None. Abstain: Council Member Strickler. RES. 87-36 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A MEMO- RANDUM OF UNDERSTANDING WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION CONCERNING IN- TERSTATE FREEWAY 1-10 ON AND OFF RAMPS AT WATERMAN AVENUE. (R-12) City Clerk Clark read the title of the resolution. Council Member Quiel made a motion, seconded by Coun- cil Member Estrada and unanimously carried, that further reading of the resolution be waived. Discussion was held concerning giving close consi- deration to the manner in which the off-ramps at Waterman Avenue are constructed. Glenda Saul, Executive Director of the Redevelopment Agency, stated that Caltrans will control the design of the off-ramp, and that the Memorandum of Understanding is between the City Engineer and Caltrans so that the City's interests will be served through the City Engineer. Council Member Quiel made a motion, seconded by Coun- cil Member Estrada and unanimously carried, that said resolution be adopted. Resolution No. 87-36 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: None. 19 2/2/87 Council Member Quiel made a motion, seconded by Coun- cil Member Estrada and unanimously carried, that the Director of Public Works/City Engineer, be authorized to issue RFP's for the design engineering of the proposed on and off ramps of 1-10 at Waterman Avenue. ENTERPRISE ZONE ANNUAL STATUS REPORT In a memorandum dated January 27, 1987, Glenda Saul, Executive Director of the Redevelopment Agency, provided the Annual Status Report of the Enterprise Zone, which was formed to stimulate private investment and business de- velopment in distressed areas by providing incentives. (R-13) Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that the Enterprise Zone Annual Status Report for the period ending December 31, 1986, be received and filed. OVERALL ECONOMIC DEVELOPMENT PLAN - CONSIDERATION OF PRIORITY PROJECTS In a memorandum dated January 29, 1987, Glenda Saul, Executive Director of the Redevelopment Agency, provided the 1986/87 Overall Economic Development Plan for the Mayor and Common Council, as it will go before the OEDP Committee on February 3, 1987, for review. (RS-l) Council Member Quiel made a motion, seconded by Coun- cil Member Reilly and unanimously carried, that the priority projects to be included in the Overall Economic Development Plan (OEDP) 1986/87 Report to be submitted by the OEDP Committee to the Economic Development Admini- stration, be approved. RECESS MEETING At 12: 00 Noon, Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that the meeting be adjourned to the Redevelop- ment Agency Board Room, City Hall, 300 North "0" Street, San Bernardino, for a meeting to approve the allocation of 1% IDB funds (approximately $726,413) on a fifty-fifty basis between the Community Development Department and the San Bernardino Economic Development Council, continued from January 12, 1987. (39) RECONVENE MEETING At 12:15 p.m., the Regular Meeting of the Redevelop- ment Agency reconvened in the Redevelopment Agency Board Room, City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Chairman Wilcox; Council Members Reilly, Hernandez, Quiel, Frazier, Strickler; City Attor- ney Prince, City Clerk Clark, City Administrator Schweit- zer. Absent: Council Member Estrada. ALLOCATION OF 1% lOB FUNDS - COMMUNITY DEVELOPMENT DEPARTMENT AND SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL - CONTINUED FROM JANUARY 12, 1987 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 ECONO- MIC DEVELOPMENT COUNCIL'S MARKETING PROGRAM. 20 2/2/87 RESOLUTION OF THE CITY OF SAN BERNARDINO RE- LATING 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 January 12, 1987) (40) COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Board Room. CITY CLERK CLARK EXCUSED At 2:00 p.m., City Clerk Clark left the Board Room and was replaced by Deputy City Clerk South. Discussion was held concerning the amount of funds available and the funding requirements of the Small Busi- ness Loan Program and a Marketing Program for the City of San Bernardino. Council Member Quiel made a motion, seconded by Coun- cil Member Frazier and unanimously carried, to approve in concept the Marketing Program as presented. Council Member Quiel made a motion, seconded by Coun- cil Member Frazier, that the balance of the IDB funds will be dispersed 1/2 to the Small Business Loan Program and 1/2 to the Marketing Program; that neither program get any monies until we have funds; that no monies will be com- mitted until there are funds and that any interest accrued shall flow equally to both sides. Discussion was held concerning giving the matter further thought and consideration. Council Member Quiel withdrew his motion regarding funding of the IDB funds. RECESS MEETING At 1:45 p.m., the meeting was recessed to 2:00 p.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:00 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Reilly, Hernandez, Quiel, Frazier, Strickler; City Attor- ney Prince, City Clerk Clark, City Administrator Schweit- zer. Absent: Council Member Estrada. CHANGE OF ZONE 86-25 - LUGO AVENUE - NORTH SIDE OF FOURTH STREET - SAN BERNARDINO COUNTY EMPLOYEES CREDIT UNION In a memorandum dated January 26,1987, Planning Director Schuma provided a Summary and Observations con- cerning Change of Zone 86-25 from R-3-l200, Multiple Family Residential to "T", Transitional District, on two parcels totaling .25 acre located approximately 75 feet east of the centerline of Lugo Avenue on the north side of Fourth Street, applicant the San Bernardino County Employees Credit Union. (47) 21 2/2/87 Planning Director Schuma answered questions. Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that the responses to comments be approved and that the Negative Declaration for environmental impact, which has been re- viewed and considered, be adopted. Council Member Quiel made a motion, seconded by Coun- cil Member Strickler and unanimously carried, that the recommendation of the Planning Commission be approved and that the City Attorney be directed to prepare the neces- sary amendments to the Zoning Ordinance. APPEAL HEARING - REVIEW OF PLANS NO. 86-43 - FRANK DEL'ANDRAE, ARCHITECT - DARWIN REINGLASS, DEVELOPER - 3-STORY APARTMENT COMPLEX - MILL STREET In a memorandum dated January 20, 1987, Planning Director Schuma stated that an appeal of the Planning Commission decision of denial of Review of Plans No. 86- 43, concerning a 48-unit, 3-story apartment complex located on the south side of Mill Street, west of Rancho Avenue, which had been approved by the Development Review Committee, had been filed by Architect Frank Del'Andrae on behalf of the owner, Darwin Reinglass. (48) City Clerk Clark stated that her office had received a request of postponement until some time after February 11, 1987, of this matter from the applicant, Architect Frank Del'Andrae. City Attorney Prince requested that the minutes re- flect that he received a $1,000 contribution, which was reported in his Campaign Statement, from Mrs. Alice Stiel, 2250 W. Mill Street, who has been actively opposing this project. Henry Stiel, owner of Stardust Mobile Home Park, 2250 W. Mill Street, spoke in opposition of the apartment pro- ject on behalf of the residents of the mobile home park. Darwin Reinglass, developer, stated that Architect Frank Del'Andrae was unable to attend the Planning Com- mission meeting regarding the apartment project due to an emergency. He stated that notification of the Council Meeting was received a few days prior and that Mr. Del' Andrae could not attend due to a committment in Indio. Discussion was held concerning past practice of granting postponements. Jess Flores, 538 Bunker Hill Drive, questioned whether the architect was changing the plans and if they would be required to come before the Development Review Committee. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the hearing on the appeal concerning Review of Plans No. 86-43 be continued to February 16, 1987, at 2:00 p.m.. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING Mayor Wilcox requested a three-minute recess in order that observors leaving the Council Chambers would not disturb the proceedings. 22 2/2/87 RECONVENE MEETING At 2:27 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Reilly, Hernandez, Quiel, Frazier, Strickler; City Attor- ney Prince, City Clerk Clark, City Administrator Schweit- zer. Absent: Council Member Estrada. RES. 87-37 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE FIFTH AMENDMENT TO AGREEMENT WITH FLOYD J. WILLIAMS EFFECTIVE JULY 1, 1986 TO EXTEND THE TERM OF THE AGREEMENT RELATING TO EVALUATION OF GEOLOGIC REPORTS AND LIQUEFACTION RE- PORTS. (49) City Clerk Clark read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived and that said resolution be adopted. Discussion was held concerning the availability of liability insurance for this trade. Resolution No. 87-37 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Estrada. COMMENTS - PLANNING DIRECTOR SCHUMA LEAVING SERVICE The Common Council expressed their appreciation to Frank A. Schuma, Planning Director, for a job well done, as this will be his last Council Meeting due to his leav- ing the City of San Bernardino. RES. 87-38 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPOINTING ELECTION OFFICERS AND DESIGNATING POLLING PLACES PURSUANT TO SEC- TION 2.56.110 OF THE SAN BERNARDINO MUNICIPAL CODE FOR THE PRIMARY MUNICIPAL ELECTION TO BE HELD MARCH 3, 1987. (17) Council Member Quiel made a motion, seconded by Coun- cil Member Hernandez and unanimously carried, that said resolution be adopted. Resolution No. 87-38 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Estrada. ALLOCATION OF IDB FUNDS - COMMUNITY DEVELOPMENT DEPARTMENT AND SAN BERNARDINO ECONOMIC DEVELOPMENT DEPARTMENT - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consi- deration of approving the allocation of 1% IDB funds, approximately $726,413, on a 50/50 basis between the Com- munity Development Department and the San Bernardino Economic Development Department. (See Page 20) (39) Council Member Frazier made a motion, seconded by Council Member Quiel, that the recommendation from staff of dividing the IDB funds fifty-fifty and any accrued interest, be accepted. 23 2/2/87 Council Member Strickler requested that the record show him abstaining from the motion, that he supports the marketing plan, and that he is not opposed to the Small Business Loan Program, but he is not convinced that it is a proper function of the Council to be involved in a Small Business Loan Program. The motion failed by the following Council Members Reilly, Quiel, Frazier. Member Hernandez. Absent: Council Member stain: Council Member Strickler. vote: Ayes: Noes: Counc i 1 Estrada. Ab- Council Member Quiel made a motion, seconded by Coun- cil Member Strickler, that the first half of the available $726,413 funds go to the Marketing Program, to flow only upon receipt by the City; that the Marketing Program re- ceive one-half of the interest accrued in that account, and that said marketing strategy and funding come back for final approval by the Council. The motion failed by the following vote: Ayes: Council Members Reilly, Quiel, Strickler. Noes: Council Members Hernandez, Frazier. Absent: Council Member Estrada. Council Member Frazier expressed his opinion that both the Marketing Program and Small Business Program are vitally important, and that he could not support one and not the other because of times in the past where, when acted upon under separate action, something was lost. FISCALINI FIELD CLUBHOUSE - REPORT OF BIDS In a memorandum dated January 27, 1987, Roger Hard- grave, City Engineer, reported concerning three bids received for construction of a baseball clubhouse at Fiscalini Field. (S-l) City Engineer Hardgrave answered questions concerning his recommendation that the bids be rejected as the low bid was 134.4% over the Engineer's Estimate. Council Member Quiel made a motion, seconded by Council Member Strickler, that all bids received for con- struction of a clubhouse, masonry retaining walls, con- crete slabs, and sewer line, for Fiscalini Field in perris Hill Park, in accordance with Plan No. 7154, be rejected; and that the Director of Public Works/City Engineer be authorized to re-advertise for bids. The motion carried by the following vote: Council Members Reilly, Quiel, Frazier, Strickler. Council Member Hernandez. Absent: Council Estrada. Ayes: Noes: Member FISCALINI FIELD UNDERGROUND ELECTRICAL SYSTEM - REPORT OF BIDS In a memorandum dated January 28, 1987, Roger Hard- grave, City Engineer, reported concerning bids received for the underground electrical system to be constructed at Fiscalini Field. (S-2) Council Member Quiel made a motion, seconded by Council Member Strickler, that all bids received for in- stallation of an underground electrical system for Fis- calini Field, in accordance with Plan No. 7155, be re- jected; and the Director of the Public works/City Engineer be authorized to re-advertise for bids with revised plans. 24 2/2/87 The motion carried by the following vote: Council Members Reilly, Quiel, Frazier, Strickler. Council Member Hernandez. Absent: Council Estrada. Ayes: Noes: Member COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. RECESS MEETING - CLOSED SESSION At 2:50 p.m., Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, to recess to a Closed Session under the authority of Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation, !~aas vs. McAdams, et al., which has been initiated formally and to which tti-e-City is a party; Section 54956.9 (b) (1) to confer with its attorney regarding pending litigation, Massey vs. City of San Bernardino; and Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally, Saad v. City of San Bernardino. (42, 43, 44, 45, S-7) CLOSED SESSION At 2:50 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. 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 Member Estrada. COUNCIL MEMBER ESTRADA ARRIVED At 3:02 p.m., Council Member Estrada arrived at the Closed Session. ADJOURN CLOSED SESSION At 3:10 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 3:10 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor wilcox; Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Schweitzer. Absent: None. RECONSIDER ALLOCATION OF IDS FUNDS - COMMUNITY DEVELOPMENT DEPARTMENT AND SAN BERNARDINO ECONOMIC DEVELOPMENT DEPARTMENT - CONTINUED FROM EARLIER IN MEETING Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, that the allocation of 1% IDB funds, approximately $726,413, on a fifty-fifty basis between the Community Development Department and the San Bernardino Economic Department, be reconsidered. (See Page23) (39) 25 2/2/87 Council Member Strickler again stated that he would abstain from the matter and that he supports the Marketing Plan, that he is not opposed to the Small Business Loan Program, but he is not convinced that it is the proper function of the Council to be involved in a Small Business Loan Program. Council Member Frazier made a motion, seconded by Council Member Quiel, that the balance of the IDB funds be allocated: 1/2 to the Small Business Loan Program and 1/2 to the Marketing Program; that neither get any money until funding is received, that no money will be committed until funding is received; that any interest accrued shall flow equally to both sides and that a time frame be developed as to how the allocation will work. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier. Noes: Council Member Hernandez. Absent: None. Abstain: Council Member Strickler. LOAN PACKAGE GUIDELINES - IDB FUNDS Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the Director of the Community Development Department be directed to write a loan package guideline stating that all loan applications will be submitted to the Council for their approval. 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 ECONO- MIC DEVELOPMENT COUNCIL'S MARKETING PROGRAM. 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 OF THE SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL'S MARKETING PROGRAM. (40) Council Member Quiel made a motion, seconded by Council Member Strickler, that the resolutions be con- tinued to the February 16, 1987, meeting of the Mayor and Common Council of the City of San Bernardino, and that the City Attorney be directed to prepare necessary documents for submittal to Council. POLICIES FOR PROCUREMENT OF SUPPLIES, EQUIPMENT, SERVICES AND CAPITAL IMPROVEMENT PROJECTS - LIGHTING OF TREES AT CITY HALL In a memorandum dated January 14, 1987, Council Mem- ber Hernandez requested Council discussion regarding the lighting of the trees outside City Hall. This item was discussed at the January 19, 1987, meeting of the Mayor and Common Council. No formal action was taken at that time; however, City Attorney Prince recommended that the matter be referred to his office for a legal opinion and to the Redevelopment Agency, as the materials were under their jurisdiction. Mayor wilcox requested that the City Attorney research this matter and bring it back to the Council. (RS-3) 26 2/2/87 The Mayor and Common Council discussed a memorandum dated February 5, 1987, from Senior Assistant City Attor- ney Briggs, in which he provided Opinion No. 87-12, re- vising Opinion No. 87-9, concerning public projects and the power of the Mayor to initiate without Council approval. Mayor wilcox answered questions. Glenda Saul, Executive Director of the Redevelopment Agency, stated that the underground lighting system was already in place for the tree lights at City Hall; there- fore, maintenance, rather than construction, was per- formed. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the Redevelopment Committee be directed to look into the policy of the Redevelopment Agency's procurement of equipment and services, and come back with guidelines and rules that the Council and Redevelopment Agency Board can live with. COUNCIL MEMBERS HERNANDEZ AND QUIEL EXCUSED Council Members Hernandez and Quiel left the Council Meeting. TASER DEMONSTRATION In a memorandum dated January 29, 1987, Chief of Police Burnett stated that he had arranged for a demon- stration of the Taser, a tool used widely by law enforce- ment to effectively, and as humanely as possible, take certain kinds of persons into custody. (S-6) Chief of Police Burnett answered questions regarding use of the Taser. Dixie Watson of Adamson Industries, Inc., spoke regarding the Taser and demonstrated its use. No formal action was taken. ADJOURNMENT At 4:30 p.m., Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, be adjourned to 9:00 a.m., Monday, February 9, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. h//~/~0 / City Clerk 27 2/2/87