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HomeMy WebLinkAbout01-06-1986 Minutes City of San Bernardino, California January 6, 1986 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:06 a.m., on Monday, January 6, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was Whetzel, God's Great Cause given Church. by Reverend Gertrude PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Hernandez. ROLL CALL Roll Call was taken by Deputy City Clerk South with the following being present: Mayor Wilcox; Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney prince, Deputy City Clerk South, Deputy City Administrator Schweitzer. Absent: Council Member Estrada. RESOLUTION - DEAN BALCOM - SENIOR ENGINEER - RETIREMENT - 35 YEARS OF SERVICE Richard Bennecke, Administrative Assistant to the Mayor, read a resolution of the Mayor, commending Dean Balcom, Senior Engineer, upon his retirement, for his years of faithful and loyal service to the City of San Bernardino. Dean Balcom, Senior Engineer, and his wife, Fern Balcom, were present to accept the resolution from Mayor Wilcox. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, to adopt the resolution commending Dean Balcom upon his retirement. RESOLUTION - BEN GONZALES - CHIEF OF POLICE - RETIREMENT - 32 YEARS OF SERVICE Mayor Wilcox read a resolution commending Ben Gonzales, Chief of Police, upon his retirement for his years of faithful and loyal service to the City of San Bernardino. Ben Gonzales, Chief of Police, was unable to attend the Council Meeting. He was previously presented with a plaque commemorating his 32 years of service and a Stetson hat from Mayor Wilcox. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, to adopt the resolution commending Ben Gonzales upon his retire- ment. APPROVE MINUTES - DECEMBER 5, 1985 Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 5th day of December, 1985, as submitted in typewritten form. (3) PERSONNEL ACTIONS Council Member Strickler made a motion, seconded by Council Member Quiel 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 with the correction that the appointment of Vera Franz to Inter- mediate Typist Clerk be omitted. (5) APPOINTMENTS Public Works/Engineering Arthur M. Sotelo - Traffic Engineering Aide - Effective December 16, 1985 Public Buildings William C. Hughes - Electrician I - Effective January 7, 1986 TEMPORARY APPOINTMENTS Animal Control Kathy J. Burgett - Animal License Checker - Effective December 18, 1985 Shelly L. Parr - Animal License Checker - Effective December 18, 1985 Public Buildings Leonard Fraijo - Custodial Aide I - Effective January 7, 1986 Johnny Rodriquez - Custodial Aide I - Effective January 7, 1986 PROMOTIONAL APPOINTMENTS Public Buildings Wade Brown - Electrician II - Electrician I to Electrician II - Effective December 9, 1985 Clemente Elizalde - Electrician I - Heavy Laborer to Electrician I - Effective December 23, 1985 City Attorney John F. Wilson - Deputy City Attorney III - Deputy City Attorney II to Deputy City Attorney III - Effective January 6, 1986 Police Dispatcher II - Dispatcher Effective January 6, 1986 I to Dispatcher II - Mary Bennett Cynthia K. Contreras Linda Harter Rebecca J. Mugiishi ACTING HIGHER CLASSIFICATION Police Paul J. Bonanno - Chief of Police - Effective December 30, 1985 through Indeterminate Duration Nancy J. Clark - Senior Typist Clerk - Effective December 9, 1985 through December 13, 1985 Everett L. pinion - Police Records Manager - Effective December 9, 1985 through December 13, 1985 2 1/6/86 Fire Maria N. pierce - Secretary - Effective December 5, 1985 through January 3, 1986 SALARY ADJUSTMENT Parks, Recreation & Community Services Annie L. Johnson - Teacher/Director - Effective September 1, 1985 Tina Todd - Teacher - Effective September 1, 1985 LEAVE OF ABSENCE WITHOUT PAY Lanette C. Schubert - Business License Inspector Effective February 17, 1986 through May 19, 1986 CLAIMS AND PAYROLL Council Member Strickler made a motion, Council Member Quiel and unanimously carried, demands against the City and authorize the warrants as follows: seconded by to approve issuance of (6 ) 1. Approve the register of demands dated: December 9, 1985 December 16, 1985 85/86 #19 85/86 #20 $1,468,172.94 865,318.31 2. Approve the total gross payroll for the period November 25, 1985, through December 8, 1985, in the amount of $1,342,018.49. APPROVE MINUTES - NOVEMBER 1, 1985 - CONTINUED FROM DECEMBER 23, 1985 Council Member Marks made a motion, seconded by Council Member Strickler, to approve the minutes of November 1, 1985, as clarified to show that on that date the Council's intent was to have Section 3.18.050, "Fee exemptions commercial area", read as set forth in Ordinance No. MC 485, which reads as follows: (I) "For any qualifying new or expanding business which locates or expands in the Enterprise Zone within the first four y~~~ of the life of the Enterprise Zone, City shall exempt on a one-time basis from certain fees to qualifying new or expan- ding businesses located within the Com- mercial Area of the Enterprise Zone, upon application, the following: all engineer- ing fees, planning fees, building permit fees, and mechanical fees imposed by the City. Storm drain and sewer capacity fee charges are expressly not exempt." The motion was carried by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Estrada. Abstain: Council Member Quiel. APPROVE MINUTES - DECEMBER 2, 1985 Council Member Marks made a motion, seconded by Council Member Quie1 and unanimously carried, to amend the minutes of December 2, 1985, by interdelineation on page 34, Item 2 of the Ways and Means Committee Report, to read "major" arterials, instead of "mayor" arterials, and to approve the minutes as amended. (2) COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. 3 1/6/86 APPROVE MINUTES - DECEMBER 16, 1985 Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, to amend the minutes of December 16, 1985, by interdelineation on page 27 to show that Council Member Marks returned to the Council Meeting prior to the agenda item concerning the International Christian Graduate University. (4) COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council REAPPOINTMENT - DAVID F. RITTER - COMMISSION FOR DISABLED PERSONS In a memorandum dated January 3, requested the reappointment of David F. Street, San Bernardino, California mission for Disabled Persons. 1986, Mayor wilcox Ritter, 1276 Belle 92404, to the Com- Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the reappointment of David F. Ritter to the Commission for Disabled Persons, representing the Mayor, be approved. APPOINTMENT - DAVID C. BRADEN - COMMISSION FOR DISABLED PERSONS In a memorandum dated January 3, requested the appointment of David Portola, San Bernardino, California mission for Disabled Persons. 1986, Mayor wilcox C. Braden, 2373 92405, to the Com- Council Member Strickler made motion, seconded by Council Member Quiel and unanimously carried, that the appointment of David C. Braden to the Commission for Disabled Persons, representing the Mayor, be approved. APPOINTMENT - ROLAND L. STABLER - CEMETERY COMMISSION In a memorandum dated January 3, 1986, Mayor Wilcox requested the appointment of Roland L. Stabler, 1269 W. 28th Street, San Bernardino, California 92405, to the Cemetery Commission as recommended by Council Member Quiel. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the appointment of Roland L. Stabler to the Cemetery Commis- sion, representing the Fifth Ward, be approved. COUNCIL MEMBERS MARKS AND QUIEL EXCUSED Council Members Marks and Quiel left the Council Meeting. PUBLIC HEARING - PROPOSED ANNEXATION - PROPERTY NORTH OF JUNE STREET, WEST OF CAJON BLVD. This is the time and place set for a public hearing to consider the proposed annexation of property, con- sisting of approximately 123 acres generally located north of June Street, west of Cajon Boulevard. (7) COUNCIL MEMBERS MARKS AND QUIEL RETURNED Council Members Marks and Quiel returned to the Council Meeting and took their places at the Council Table. Mayor wilcox opened the hearing. 4 1/6/86 RES. 86-1 ~ RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE ANNEXATION OF DISTRICT NO. 337 (LAFC 2353) AND LOCATED GENERALLY SOUTHWEST OF CAJON BOULEVARD, NORTH OF JUNE STREET, AND DETACHMENT FROM THE CENTRAL VALLEY FIRE PROTECTION DISTRICT. Deputy City Clerk South read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that further reading of the resolution be waived. Discussion was held concerning formal protests against the proposed property located north of June Street Boulevard have been received. the fact that no annexation of the and west of Cajon Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-1 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: Council Member Estrada. COUNCIL MEMBERS MARKS AND QUIEL EXCUSED Council Members Marks and Quie1 left the Council Meeting. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS - ORDER OF ABATEMENT - 1139 WEST 19TH STREET - JOHN TINDALL ON BEHALF OF MANUEL B. ENRIQUEZ - CONTINUED FROM NOVEMBER 18, 1985 This is the time and place continued to for consid- eration of an appeal filed by John Tindall, attorney, on behalf of Manuel B. Enriquez concerning the Order of Abatement by the Board of Building Commissioners of property located at 1139 West 19th Street, San Bernardino. (8 ) Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal filed by John Tindall on behalf of Manuel B. Enriquez concerning the Order of Abatement by the Board of Building Commissioners of property located at 1139 West 19th Street, San Bernardino, be continued to the Regular Meeting of the Mayor and Common Council to be held Monday, March 17, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. COUNCIL MEMBERS MARKS AND QUIEL RETURNED Council Members Marks and Quiel returned Council Meeting and took their places at the Table. to the Council PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 85-2 - BOUNDED BY ETIWANDA AVENUE ON NORTH, CITY LIMITS ON WEST (EUCALYPTUS AND PEPPER AVENUES), RIALTO AVENUE ON SOUTH AND RANCHO AND LYTLE/CAJON FLOOD CONTROL AREA ON EAST - CONTINUED FROM DECEMBER 2, 1985 This is the time and place continued to for a public hearing to consider General Plan Amendment 85-2, con- cerning property located on 618+ acres bounded by Etiwanda Avenue on the north, City limits on the West (generally Eucalyptus and Pepper Avenues), Rialto Avenue 5 1/6/86 on the south, Rancho Avenue and the Lytle/Cajon Flood Control area on the east, as revised per the instruction of the Mayor and Common Council at the December 2, 1985, Council Meeting. (9) Mayor wilcox opened the hearing. Frank Schuma, Planning Director, presented a map with an overhead projector entitled, "General Plan Amendment #85-2 Council Revision". Discussion was held concerning petitions property owners on Ria1to Avenue, requesting an 8 unit per acre designation for their property. from to 14 Council Member Quiel made a motion, seconded by Counci 1 Member Rei lly, to approve the General Plan Amendment with the change concerning the area in question on Rialto Avenue, the Commercial Zone, to R-3, 8 to 14 units per acre, with a PUD designation. Luther Fair, property owner on Rialto Avenue, spoke regarding the size of the lots prohibiting R-1 designation development, and that he purchased his property while it was zoned R-3 and requested that it remain zoned R-3. Frank Schuma, Planning Director, Luther Fair's property on the map between two commercial properties. identified owner as being located Mr. W. B. McDonald, owner of property located at 2612 Ria1to Avenue, stated that he purchased his property for a high price when it was designated R-3, 8 to 14 units per acre, and that he wants the designation to remain the same. Discussion was held concerning the effect the com- mercial zone designation would have on mobile home parks in the area. Council Member Hernandez made a substitute motion, seconded by Council Member Marks, to adopt the recommen- dations of staff as outlined on the map identified as "General Plan Amendment #85-2 Council Revision". The substitute motion failed by the following vote: Ayes: Council Members Hernandez, Marks, Frazier. Noes: Council Members Reilly, Quiel, Strickler. Absent: Council Member Estrada. Council Member Quiel's original motion to approve the General Plan Amendment with the change concerning the area in question on Rialto Avenue, the Commercial Zone, to R-3, 8 to 14 units per acre, with a PUD designation, failed by the following vote: Ayes: Council Members Reilly, Quiel, Strickler. Noes: Council Members Hernandez, Marks, Frazier. Absent: Council Member Estrada. Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that the public hearing on General plan Amendment No. 85-2, for property bounded by Etiwanda Avenue on the north, City limits on the west (generally Eucalyptus and Pepper Avenues), Rialto Avenue on the south and Rancho Avenue and Lytle/Cajon Flood control area on the east, be continued to Tuesday, January 21, 1986, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. 6 1/6/86 LEGISLATIVE REVIEW COMMITTEE MEETING REPORT - DECEMBER 19, 1985 Council Member Strickler, Chairman of the Legislative Review Committee, presented the report of the Legislative Review Committee Meeting held on December 19, 1985. The following items were discussed: (10) 1. Shuttle Bus/Tram - Item continued for a minimum of thirty days. Additional research and analysis will be provided by Omnitrans. 2. Ord i nance Amendmen t Re Signs - The Comm i ttee recommended approval with changes discussed and presen- tation for approval to the full Council. 3. Expansion of Municipal Code - "You pick Em" or "pick Your Own Bingo" - Item continued to modify existing ordinance and return to Committee. 4. Sprinkler Ordinance - Item continued. City Attorney was directed to draft the ordinance and return to Committee. 5. Ordinance Granting The Authority To Make Emer- gency Purchases to purchasing Agent The Committee recommended approval of this item. 6. Ordinance prohibiting Parking of Motor Vehicles on Front or Side of Residential Property - Item continued for additional research and recommendation by staff. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the report of the Legislative Review Committee meeting held December 19, 1985, be received and filed. COUNCIL MEMBER FRAZIER RETURNED Council Member Fraz ier returned Meeting and took his place at the Council to the Table. Council WAYS AND MEANS COMMITTEE MEETING REPORT - DECEMBER 30, 1985 Council Member Marks, Chairman, presented of the meeting of the Ways and Means Committee 30, 1985. The following items were discussed: the report of December (11) 1. Comprehensive Code Enforcement Report - Item continued for two weeks. The City Administrator and Deputy City Administrator were directed to provide a proposed implementation plan centralized under the City Administrator who will coordinate, control and monitor a task force with current, existing resources. The Commit- tee will review the proposed plan and make recommendations to the full Council for a demonstration project. Inasmuch as the most significant deficiency in current methodo- logies is the lack of coordination and monitoring of city- wide abatement tasks involving many different departments, it is believed that placing this responsibility "organ- izationally" in the hands of the City Administrator's Office will yield significant positive results. Incre- mental adjustments incorporating additional suggestions by the City Administrator can be made overtime as needed. 2. Multi-Family Ordinance Amendment - The Committee requested the Planning Director meet with representatives of the BIA to discuss proposed changes. The Committee further directed the City Administrator and Planning Director to be prepared to discuss (1) implementation of current ordinances establishing a Board of Architectural Review, and (2) adoption of FHA Standards for multi-family construction. 7 1/6/86 3. Green Belt Study - Status Report - The Planning Director advisedlthel:ommittee that the Planning Commis~ sion would review the Green Belt Report on January 7, 1986, and would forward their recommendation to the full Council on January 27, 1986. 4. Allocation of Handicapped Parking Violation Fines I tem continued. Staff was directed to provide the Committee an updated comprehensive report with federal, state and local law references, identification of handi- capped quality of life improvements undertaken by the City over the past decade, and an analysis of the collection and use of fines collected for violations of handicapped parking zones. A report indicating a review of code provision 22507.8 for possible program enhancements was also requested through the City Administrator. 5. Dial-A-Ride/Dia1-A-Lift - The Committee requested that the Deputy City Administrator keep them totally in- formed regarding TAC force decisions on insurance for Dial-A-Ride and Dial-A-Lift operations and any other impacts on the City's Dial-A-Ride programs for the general public and the handicapped. Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that the report of the Ways and Means Committee Meeting held December 30, 1985, be received and filed. CITY'S PARK DEVELOPMENT FEE SCHEDULE REPORT In a memorandum dated December 20, 1985, Annie Ramos, Director of Parks, Recreation & Community Services, provided a staff report and recommendation relevant to the City's Park Development Fee Schedule. (12) Discussion was held concerning the review of park development fees in San Bernardino in comparison to other cities. The suggestion was made that the Ways and Means Committee consider the use of a set fee as opposed to a percentage rate when they review this matter. It was requested that the fee schedule be updated to include sewer capacity and school impaction fees using a matrix so that the Council can identify all elements of the fees included in the report. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the report and recommendation by the Parks, Recreation & Community Services Staff and Commission be referred to the Ways and Means Committee. SECOND APPORTIONMENT OF SB 300 FUNDS IN 1985/86 - RECONSTRUCTION/RESURFACING OF MAJOR ARTERIALS In a memorandum dated December 20,1985, Manuel Moreno, Director of Public Services, and Roger Hardgrave, Director of Public Works, stated a joint recommendation for the reconstruction/resurfacing of major arterials from the second apportionment of SB 300 Funds. (13) Council Member Quie1 made a motion, seconded by Council Member Marks and unanimously carried, that the joint recommendation for reconstruction/resurfacing of major arterials, from the second apportionment of SB 300 Funds, be approved. CITY CLERK CLARK ARRIVED City Clerk Clark arrived at the Council Meeting and excused Deputy City Clerk South. 8 1/6/86 ORANGE SHOW LANE - 1911 ACT PROJECT ~ RIVERSIDE CONSTRUCTION COMPANY - CHANGE ORDER NO. THREE In a memorandum dated December 13, 1985, Roger Hard- grave, Director, Public Works/Engineering, requested authorization to issue Change Order No. Three to Riverside Construction Company for work on the Orange Show Lane, 1911 Act Project. (15) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the Director of Public Works be authorized to issue Change Order No. Three to Riverside Construction Company as follows: 1. The addition to said work of removal and replacement of 95.28 square feet of 3" A.C. paving at the intersection of Orange Show Lane and "E" Street to correct a disparity in finish grade as delineated on sheet 2 of 5 sheets of Plan 6502; and 2. The addition to said work of removal and replacement of 748.38 square feet of 3" A.C. paving at the intersection of Orange Show Lane and Arrow- head Avenue to correct a disparity in finish grade as delineated on sheet 4 of 5 sheets of Plan No. 6502. ORANGE SHOW LANE - 1911 ACT PROJECT - EXTENSION OF TIME - CONTRACT - RIVERSIDE CONSTRUCTION COMPANY In a memorandum dated December 13, 1985, Roger Hard- grave, Director, Public Works/Engineering, requested an extension of eight calendar days to the contract with Riverside Construction, which was let pursuant to the provisions of the 1911 Act for improvements delineated on Plan No. 6502, due to rain and the problems it created in striping the pavement. (16) Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that an eight (8) calendar day extension of time be granted to Riverside Construction Company for the construction of curbs, gutters, sidewalks, drainage facilities and street lighting in portions of Orange Show Lane and "E" Street under the 1911 Improvement Act, and that the completion date of November 29, 1985, be extended to December 7, 1985. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. BRIDGE CONSTRUCTION - TIPPECANOE AVENUE - OVER SANTA ANA RIVER - KASLER CORPORATION - CHANGE ORDER NO. THIRTEEN In a memorandum dated December 17, 1985, Roger Hard- grave, Director, Public Works/Engineering, requested the authorization of Change Order No. Thirteen to the contract with Kasler Corporation for construction of a new Tippe- canoe Avenue bridge over the Santa Ana River, per Plan No. 6358, due to the contractor being required to perform an excessive and inordinate amount of maintenance not stipu- lated in the contract documents due to an almost con- tinuous flow of excess irrigation water from the east, which rapidly deteriorated the pavement. (17) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that Change Order No. Thirteen to the contract with Kasler Corporation for construction of the new Tippecanoe Avenue bridge, in accordance with Plan No. 6358, be approved; to authorize the contractor to provide additional maintenance to the detour on Tippecanoe Avenue in the vicinity of San Ber- nardino Avenue on a Time and Material basis, at an esti- mated increase in the contract price of $4,300.00 from $4,317,645.00 to $4,321,945.00. 9 1/6/86 COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. AMERICAN CITY STUDY - TRANSIT TERMINAL COMPLEX - DOWNTOWN PARKING GARAGE - BETWEEN 4TH & 5TH STREETS AND "D" & "E" STREETS - PRELIMINARY IMPLEMENTATION PLAN - CENTRAL CITY PARKING PLACE COMMISSION In a memorandum dated December 18,1985, George Webster, Chairman, Central City Parking Place Commission, provided a report of the December 5,1985, meeting of the Central City Parking Place Commission, concerning the possibility of utilizing the Federal Urban Mass Tran- sit Administration grant (2 million dollars available at the present time) to initiate the development of a down- town parking garage and transit terminal complex project, as proposed in the American City Study. (18) Discussion was held concerning the benefit of having Wes McDaniel, Executive Director of SANBAG, present at a meeting of the Transportation Committee regarding this project. Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the recommendation of the Central City Parking Place Commis- sion to permit Wes MCDaniel, Executive Director of SANBAG, and Frank Schuma, Planning Director, to investigate the feasibility of developing a central parking structure and transit terminal complex between 4th and 5th Streets and "D" and "E" Streets, be referred to the Transportation Committee for review, and to report back to the Mayor and Common Council by the first meeting in February (February 3,1986). FEDERAL SPECIAL BRIDGE REPLACEMENT (HBRR) PROGRAM - WATERMAN CANYON ROAD BRIDGE OVER EAST TWIN CREEK In a memorandum dated December 10, 1985, Roger Hard- grave, Director of Public Works/Engineering, recommended that the Waterman Canyon Road bridge be nominated for funding under the Federal Special Bridge Replacement Program due to the bridge requiring a greater than normal amount of maintenance because of damage it sustained during the Panorama Fire. (14) Roger Hardgrave, Director, Public Works/Engineering, answered questions regarding three bridges, Mt. Vernon Avenue, Valley Street and Waterman Canyon Road, which are on the 1985/86 Eligible Bridge List for the Federal Special Bridge Replacement (HBRR) Program. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the Director of Public works/City Engineer be authorized to nominate the Waterman Canyon Road bridge, over East Twin Creek, for funding from the Federal Special Bridge Re- placement (HBRR) Program. SECCOMBE LAKE URBAN STATE RECREATION AREA - MOULDER BROS. CONSTRUCTION CONTRACT - CHANGE ORDER NO. SIX In a memorandum dated December 16, 1985, Roger Hard- grave, Director, Public Works/Engineering, provided a copy of an Award of Arbitration concerning claims for extra work involved in the construction of a concrete collar and removal of thicker-than-normal pavement encountered during the installation of a storm drain across Fifth Street, in conjunction with construction of the Seccombe Lake Urban State Recreation Area. (19) 10 1/6/86 Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that Change Order No. Six to the contract with Moulder Brothers and John H. Moulder for the construction of Seccombe Lake Urban State Recreation Area, in accordance with Plan No. 6403, be approved; to authorize payment to the contractor for the amount of $2,892.90 awarded by the arbitrators, relative to construction of a concrete collar and removal of thicker-than-normal pavement, for an increase in the contract price from $3,562,642.52 to $3,565,535.42. JOINT PUBLIC HEARING - SALE OF CITY BUILDING - 972 NORTH MT. VERNON - HISPANIC CHAMBER OF COMMERCE In a memorandum dated December 27, 1985, Glenda Saul, Executive Director, Redevelopment Agency, requested that the joint public hearing concerning the sale of a City building located at 972 N. Mt. Vernon to the Hispanic Chamber of Commerce, be continued due to the notice of the hearing not being published in time to meet the 14-day notice required because of the Christmas/New Year holi- days. (See Agenda Item R-14 - Page 18) (22) Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, to continue the Public Hearing regarding the proposed sale of a City building located at 972 N. Mt. Vernon Avenue to the His- panic Chamber of Commerce to the Regular Meeting of the Mayor and Common Council to be held January 21, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all resolutions on the Agenda. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of all the resolutions on the Agenda be waived. RES. 86-2 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE APPLICATION FOR BLOCK GRANT FUNDS UNDER THE PROVISIONS OF THE ROBERTI-Z'BERG-HARRIS URBAN OPEN-SPACE AND RECREATION PROGRAM FOR THE CONSTRUC- TION OF RESTROOM FACILITIES AT PERRIS HILL PARK. (23) Council Member Strickler made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-2 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Estrada. RES. 86-3 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION....CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNAR- DINO"; ADDING ONE POSITION OF PERSONNEL CLERK II IN THE PERSONNEL DEPARTMENT AND ELIMINATING ONE POSITION OF INTERMEDIATE TYPIST CLERK AND CREATING ONE POSITION OF LIBRARY OUTREACH OFFICER IN THE CITY LIBRARY. (25) Council Member Strickler made a motion, seconded by Council Member Reilly, that said resolution be adopted. 11 1/6/86 Resolution No. 86-3 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quie1, Frazier, Strickler. Noes: None. Absent: Council Member Estrada. RES. 86-4 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED IN PART "A RESOLUTION....ESTAB- LISHING PARKING TIME LIMITATIONS UPON CERTAIN DESIGNATED STREETS OR ALLEYS, OR PORTIONS THEREOF..."; AND CONVERTING 14 TWO-HOUR PARKING SPACES TO 14 ONE-HOUR PARKING SPACES IN PARKING DISTRICT LOT NO. 3. (26) Council Member Strickler made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-4 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quie1, Frazier, Strickler. Noes: None. Absent: Council Member Estrada. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION....ESTABLISHING A BASIC COMPENSATION PLAN...."; AND ADDING A POSITION OF LIBRARY OUTREACH OFFICER AT SALARY RANGE 1103 ($1840 - $2242); AND PROVIDING A PAY INCREASE FOR THE CLASS OF HEAD START TEACHER/DIRECTOR FROM $7.59/HR. TO $7.86/HR., AND HEAD START TEACHER FROM $7.00/HR. TO $7.25/HR., EFFECTIVE SEPTEM- BER 1, 1985. (24) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to continue said resolution until 2:00 p.m. (See Page 23) COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. RES. 86-5 - RESOLUTION OF THE CITY OF SAN BERNARD I NO AWARD I NG A CONTRACT TO IPS SERVICES, INC. FOR CONSTRUCTION OF FILL-IN STREET IMPROVEMENTS AT EIGHT (8) VARIOUS LOCATIONS. (27) Council Member Quie1 made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 86-5 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quie1, Strickler. Noes: None. Absent: Council Members Estrada, Frazier. RES. 86-6 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO PAIGE ELECTRIC COMPANY FOR INSTALLATION OF TRAFFIC SIGNALS AT FORTIETH STREET AND SEPULVEDA. (28) Council Member Quiel made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 86-6 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quie1, Strickler. Noes: None. Absent: Council Members Estrada, Frazier. 12 1/6/86 COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of all the ordi- nances on the Agenda. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the ordinances on the Agenda be waived. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMEND- ING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 85-19, A RECTANGULARLY- SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 6,750 SQUARE FEET LOCATED AT THE NORTHEAST CORNER OF 20TH STREET AND PERSHING AVENUE AND FURTHER DESCRIBED AS 220 WEST 20TH STREET), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. FIRST ( 29) Counci 1 Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that first reading of the ordinance be waived and said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 14.08.074 TO THE SAN BER- NARDINO MUNICIPAL CODE TO MAKE THE FAILURE TO REMOVE AN UNAUTHORIZED CONNECTION OR ATTACHMENT TO A DULY LICENSED CABLE TELEVISION SYSTEM AFTER WRITTEN NOTICE AN INFRACTION. Council Member Quie1 made a motion, Council Member Strickler and unanimously first reading of the ordinance be waived, ordinance be laid over for final passage. FIRST (31) seconded by carried, that and that said ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 3.04.070 OF THE SAN BERNARDINO MUNICIPAL CODE TO ELIMINATE THE REQUIREMENT OF A SECOND PUBLICATION OF BIDS AND TO AUTHORIZE THE PURCHASING AGENT TO ESTABLISH AND MAINTAIN A LIST OF SUPPLIERS AND TO MAIL REQUEST FOR BIDS TO ENTITIES WHOSE NAMES ARE CONTAINED THEREON. FIRST (30) Council Member Quiel made a motion, seconded by Council Member Frazier, that first reading of the ordi- nance be waived and said ordinance be laid over for final passage. The motion carried by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Estrada. Abstain: Council Member Hernandez. ORD. MC-489 - ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 12.76.045 TO THE SAN BERNARDINO MUNICIPAL CODE TO DECLARE FISHING IN THE SECCOMBE LAKE TO BE UNLAW- FUL EXCEPT IN DESIGNATED AREAS. 13 FINAL (32 ) 1/6/86 Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that final reading of the ordinance be waived and said ordinance be adopted. Ordinance MC-489 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Estrada. GENERAL REPORTS AND CORRESPONDENCE Council Member Quie1 made a motion, seconded by Council Member Strickler and unanimously carried, that the following items be filed: (33) a. Civil Service Eligibility Lists for: Crossi ng Guard Automotive Serviceman Water Utility Technician II Traffic Engineering Aide b. Report relative to Reserve Sewer Capacity Rights - Raymond D. Schweitzer, Deputy City Administrator. c. City Treasurer's Investment Portfolio - October 31, 1985. d. Application before the Public Utilities Commission submitted by Greyhound Lines, Inc., requesting an increase in passenger bus fares. e. Application before the Public Utilities Commission submitted by General Telephone Co., for authority to increase certain intrastate rates and charges. f. The following Board of Building Commissioners' resolutions: BBC 1061 BBC 1062 BBC 1063 BBC 1058 BBC 1059 BBC 1057 BBC 1055 BBC 1056 BBC 1054 BBC 1053 BBC 1052 665 North "L" Street 781 E. Santa Fe Street 996 S. Foisy 1387 W. Rialto Avenue 140 N. "J" Street (Rear) 965 N. "F" Street 1063 W. Spruce Street 1067 W. Spruce Street 969 N. "F" Street 966 N. Acacia 2375 W. Highland Avenue g. Six alcoholic beverage applications for the following new and transferred licenses: New Bacchus Investment, Inc., Rakesh Maini & Sashi Menon dba The Americana 770 W. Fifth St. On Sale General Marie St. Germain dba Mi tchell' s Cafe 471 W. Fourth On Sale Street Beer & Wine 1395 W. Seventh Off Sale Street General Y. Byong, & Ok Y. Kang 14 1/6/86 Harris' Company 300 N. "E" St. Off Sale General Transferred Kamal Girgis dba The Club 290 N. "D" St., Ste. 200 On Sale General Long and Hall, Inc. dba 4th & "G" Street Liquor 708 W. Fourth Off Sale General h. Water Department's Water and Sewer utility Report, I nventory of Water Dept. and Reclamation Plant as of June 30, 1985. Audit Water ENGINEER'S REPORT - DALEY CANYON ROAD IMPROVEMENT DISTRICT - ASSESSMENT DISTRICT NO. 966 In a report dated December 6, 1985, Roger Hardgrave, Director, Public Works/Engineering, provided a City Engineer's Report, including cost analysis of improvements of Daley Canyon Road, east of Chiquita Lane, an Assessment District map and a proposed Assessment Roll. (20) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the City Engineer's Report regarding the improvements on Daley Canyon Road, east of Chiquita Lane, be adopted. PROPOSED ANNEXATION - UNINCORPORATED AREA - NORTH OF HIGHLAND AVENUE - BETWEEN WATERMAN AVENUE AND BOULDER AVENUE In a memorandum dated December 23, 1985, Roger Hard- grave, Director of Public Works/Engineering, proposed the annexation of the unincorporated area generally located north of Highland Avenue between Waterman Avenue and Boulder Avenue. (S-l) Council Member Hernandez made a motion, seconded by Council Member Frazier, to continue the matter of the proposed annexation of the unincorporated area north of Highland Avenue until 2:00 p.m. (See Page 23). The motion carried by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Frazier, Strickler. Noes: Council Member Quiel. Absent: Council Member Estrada. RES. NO. 86-7 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE NEGATIVE DECLARATION AS TO ENVIRONMENTAL IMPACT AND ADOPTING AMENDMENT NO. 82-3 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO (GEN- ERAL PLAN LAND USE ELEMENT). (Bounded by Marshall Blvd. on the south, Eureka Street on the north, Mountain Avenue on the west and Del Rosa Avenue on the east, and in- cluding an additional area located within approximately 400 feet on the east side of Del Rosa Avenue between Eureka Street and Marshall Blvd.) (S-2) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Strickler, that further reading of the resolution be waived, and that said resolution be adopted. 15 1/6/86 vote: Quiel, Member Resolution No. 86-7 was adopted by the following Ayes: Council Members Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Estrada. RECESS MEETING - CLOSED SESSION At 10:45 a.m., Council Member Quie1 made a motion, second ed by Counc i 1 Membe r St rick 1 er and unan i mous ly carried, to recess for a Closed Session under the autho- rity of Government Code Section, 54956.9(b) (1), as there is significant exposure to litigation. CLOSED SESSION At 10:45 a.m., Mayor Wilcox called to order in the Conference Room of the City Hall, 300 North "D" Street, California. the Closed Session Council Chambers, San Bernardino, ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney prince, Deputy City Administrator Schweitzer. Absent: Council Member Estrada; City Clerk Clark. Also present: Dr. Juanita Scott, Affirmative Action Officer. ADJOURN CLOSED SESSION At 11:10 a.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 11:10 a.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Reilly, Hernandez, Quiel, Strickler; City Attorney Prince, City Clerk Clark, Deputy City Administrator Schweitzer. Absent: Council Members Estrada, Marks, Frazier. CLOSED SESSION - CLARIFICATION Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the minutes reflect that the recess to Closed Session include a reference to Government Code Section 54956.9(b) (2), which addresses the question of whether a closed session is authorized. COUNCIL MEMBERS MARKS AND FRAZIER RETURNED Council Members Marks and Frazier returned to the Council Meeting and took their places at the Council Table. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Chairman wilcox in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 16 1/6/86 TEFRA PUBLIC HEARING - DEL ROSA GARDENS PROJECT - ELMWOOD DEL ROSA PARTNERSHIP - SENIOR CITIZEN MULTIFAMILY RENTAL/CONGREGATE HOUSING DEVELOPMENT - DEL ROSA AVENUE ON WEST, DEL ROSA AVENUE ON SOUTH, ELMWOOD ROAD ON EAST, HIGHLAND AVENUE ON NORTH In a memorandum dated December 30, 1985, Glenda Saul, Executive Director, Redevelopment Agency, requested that the public hearing concerning the Del Rosa Gardens Pro- ject, construction of a 200-unit senior citizen multi- family rental and congregate housing development on a 4.5 acre site located at Del Rosa Avenue on the west, Del Rosa Avenue on the south, Elmwood Road on the east and Highland Avenue on the north, be continued, to allow the developer, E1mwood Del Rosa, a partnership, time to comply with the new multifamily bond policy adopted by the Mayor and Common Council on December 23, 1985. (R-1) Council Member Quiel made a motion, seconded by Council Member Strickler, that the TEFRA public hearing concerning the Del Rosa Project, be continued to the first meeting in March (March 3, 1986). The motion carried by the following vote: Ayes: Council Members Reilly, Marks, Quie1, Frazier, Strickler. Noes: Council Member Hernandez. Absent: Council Member Estrada. HIGH GROUNDWATER PUMPING REIMBURSEMENT AGREEMENT - In a memorandum dated December 30, 1985, Glenda Saul, Executive Director, Redevelopment Agency, requested that the matter concerning the reimbursement agreement for high groundwater pumping be continued to January 21, 1986, due to documents regarding the agreement not being available. (R-2) Deputy City Attorney Briggs explained changes being made to the document concerning the high groundwater pumping agreement. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, to continue the matter concerning the high groundwater pumping agree- ment to 2:00 p.m. (See Page 25) NEW CENTRAL LIBRARY - BAUMGARTEN PLUMBING, INC. - CONTRACT - CHANGE ORDER NO. FOUR In a memorandum dated November 21, 1985, Roger Hard- grave, Director, Public Works/Engineering, requested the approval of Change Order No. Four to the contract with Baumgarten Plumbing, Inc. for plumbing services for the new Central Library. (R-10) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that Change Order No. Four to the contract with Baumgarten Plumbing, Inc. for construction of plumbing for the new Central Library, in accordance with Plan No. 6465, be approved, and to authorize compensation to the Contractor for various items of work at a net increase in contract price of $915.46 from $101,070.18 to $101,985.64. NEW CENTRAL LIBRARY - BAUMGARTEN PLUMBING, INC. - CONTRACT - CHANGE ORDER NO. FIVE In a memorandum dated November 21, 1985, Roger Hard- grave, Director, Public Works/Engineering, requested approval of Change Order No. Five to the contract with Baumgarten plumbing, Inc. for plumbing services for the new Central Library. (R-11) 17 1/6/86 Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that Change Order No. Five to the contract with Baumgarten plumbing, Inc. for construction of plumbing for the new Central Library, in accordance with Plan No. 6465, be approved, to authorize the Contractor to furnish and install a 3/4" drain line from an external drain pan below the fan coil units, furnish and install 1/4" cold water supply line to the air conditioning unit in the computer room and deduct the cost for clean up not performed by the Contractor at net increase in contract price of $3,958.95, from $101,985.64 to $105,944.59. NEW CENTRAL LIBRARY - MARK COX ELECTRIC - CONTRACT - CHANGE ORDER NO. EIGHT In a memorandum dated November 21, 1985, Roger Hard- grave, Director, Public Works/Engineering, requested approval of Change Order No. Eight to the contract with Mark Cox Electric for electrical facilities for the new Central Library. (R-12) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that Change Order No. Eight to the contract with Mark Cox Electric, Inc., for construction of electrical facilities for the new Central Library, in accordance with Plan No. 6464, be approved to authorize the contractor to rewire the chiller control panels to be in conformance with the manufacturer's recommendations, and the Engineer's directives at a net increase in contract price of $240.54, from $503,100.78 to $503,341.32. NEW CENTRAL LIBRARY - SAN-VAL ENGINEERING - HEATING, VENTILATION & AIR CONDITIONING - CONTRACT - CHANGE ORDER NO. FIVE In a memorandum dated November 21, 1985, Roger Hard- grave, Director, Public Works/Engineering, requested approval of Change Order No. Five for HVAC for the new Central Library. (R-13) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that Change Order No. Five to the contract with San-Val Engineering, for the construction of HVAC for the new Central Library, in accordance with Plan No. 6463, be approved to authorize the contractor to furnish and install sheet metal elbows with back draft dampers at each outside air intake at a net increase in contract price of $3,633.49 from $372,115.80 to $375,749.29. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. LIBRARY COMMITTEE MEETING SET - JANUARY 14, 1986 - FINALIZATION OF CONSTRUCTION - NEW CENTRAL LIBRARY Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that a Library Committee meeting date be set for January 14, 1986, at Noon, regarding finalization of construction and a completion date of the new Central Library, and to report back to the Council. JOINT PUBLIC HEARING - SALE OF CITY BUILDING - 972 N. MT. VERNON - HISPANIC CHAMBER OF COMMERCE CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consid- eration of a request by Glenda Saul, Executive Director, Redevelopment Agency to continue the joint public hearing, concerning the sale of a City building located at 972 N. Mt. Vernon to the Hispanic Chamber of Commerce, to the January 21, 1986, Regular Meeting of the Mayor and Common 18 1/6/86 Council, in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California, due to the notice of the hearing not being published in time to meet the 14-day notice required because of the Christmas/New Year holidays. (See Agenda Item 22 - Page 11) (R-14) Council Member Quie1 made a motion, seconded by Council Member Marks and unanimously carried, to continue the joint public hearing concerning the sale of a City building located at 972 N. Mt. Vernon to the Hispanic Chamber of Commerce to the Regular Meeting of the Mayor and Common Council to be held in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia, January 21, 1986. COUNCIL MEMBER FRAZIER RETURNED Counci 1 Member Fraz ier returned Meeting and took his place at the Council to the Table. Council MENTAL HEALTH ASSOCIATION - COMMUNITY DEVELOPMENT BLOCK GRANT - ALZHEIMER'S DISEASE PROGRAM In a memorandum dated December 27, 1985, Glenda Saul, Executive Director, Redevelopment Agency, requested that the Community Development Block Grant appropriation of $15,000 for the Mental Health Association be rescinded due to the financial and organizational problems of the Mental Health Association. (R-15) Discussion was held concerning organizations that address the problem of Alzheimer's Disease, and that the Arrowhead United Way could be contacted for names of such organized groups. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that a grant be authorized for an Alzheimer's Disease Program and to instruct the Communi ty Development staff to research for providers of this program to determine who should receive the grant, and to bring the matter back to the Council. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. RES. 86-8 - 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 INLAND COUNTIES REGIONAL CENTER, INCORPORATED. (R-16) City Clerk Clark read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Strickler, that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 86-8 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Hernandez. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. MARTIN LUTHER KING, JR. BIRTHDAY HOLIDAY In a memorandum dated January 6, 1986, Council Member Dan Frazier provided a survey of recognized holidays by surrounding cities, which was prepared by Director of Personnel perlick. 19 1/6/86 Art Townsend, publisher of the and a representative of Governor regarding the observance of Martin birthday as a City holiday. "Precinct Reporter" Deukmej ian, spoke Luther King, Jr.'s Mayor Wilcox stated that it is her hope that such a holiday would be utilized in a meaningful way. Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that January 20, 1986, be declared a holiday this year in the City of San Bernardino in memory of Dr. Martin Luther King, Jr., with the understanding that we will look into the matter of making it an annual holiday, and to direct the City Attorney to prepare an appropriate resolution. (See Page 25) . COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. APPOINTMENT - WILLIAM ROBERT FAWKE - POLICE COMMISSION In a memorandum dated January 6, 1986, Marks requested the appointment of William San Bernardino Deputy District Attorney, Commission. Council Member Robert Fawke, to the Pol ice Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that William Robert Fawke be appointed to serve on the Police Commission, representing the Fourth Ward. RECESS MEETING At 12:07 p.m., Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the meeting be recessed until 2:00 p.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:07 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Reilly, Hernandez, Marks, Frazier, Strickler; City Attorney Prince, City Clerk Clark, Deputy City Administrator Schweitzer. Absent: Council Members Estrada, Quiel. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE FOUNDATION FOR CALIFORNIA STATE UNIVERSITY, SAN BERNAR- D I NO, RELAT I NG TO THE DEVELOPMENT OF A MARKETING STRATEGY FOR THE ENTERPRISE ZONE BY THE DATA GATHERING CENTER OF CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO. (R-9) City Clerk Clark read the title of the resolution. Discussion was held concerning the use of other organizations to develop a needs assessment study for the Enterprise Zone. 20 1/6/86 Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the matter concerning an agreement relating to the development of a marketing strategy for the Enterprise Zone be con~ tinued to the Regular Meeting of the Mayor and Common Council, January 21, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. PUBLIC HEARING - IMPASSE RESOLUTION - UNIT MODIFICATION DENIAL - POLICE DEPARTMENT - SAFETY SUPPORT PERSONNEL In a Staff Report written by Director of Personnel Per1ick, the following information was attached: a. The formal petition for Modification of the General Unit sub- mitted by the firm of Silver, Kreisler, Goldwasser & Schaeffer on behalf of the San Bernardino Police Officers' Association containing, among other items, the list of classifications deemed appropriate by the petitioner to comprise an appropriate unit; b. A brief submitted by the American Federation of State, County & Municipal Employees' (AFSCME) legal representative against unit modification; c. A brief submitted by Charles Goldwasser for unit modification; d. A copy of the City's designated representative's decision on the matter, to deny the unit modification request; e. A hearing and data submission notice. (21) Director of Per sonne 1 Per 1 ick s ta ted that after analyzing all data in her Staff Report, itemized in the preceding paragraph, that it was her opinion that the Safety Support group's job requirements were not so dif- ferent from the General Unit employees' as to warrant a separate unit. Ann Imparato, Staff Representative, AFSCME, spoke supporting the decision reached by Personnel Director perlick. Charles Goldwasser, attorney representing Safety Support personnel, spoke regarding the San Bernardino Police Officers' Association petitioning the City to modify the existing General Employees Unit to provide for a Safety Service Support Unit to be represented for purposes of meeting and conferring in good faith by the San Bernardino Police Officer's Association because it is felt that Safety Support personnel has a community of interest so strong, it differentiates them from other general employees. Darrell Zoulko, Property Clerk, Police Department, spoke regarding the services of the present bargaining unit organization being insufficient, and requested modification to provide for a separate Safety Service Support Bargaining Unit. Robert Rees, Senior Dispatcher, stated that the members of the Safety Support group feel that the current bargaining representative is incapable of representing the group's interest, and that the Police Officers' Association is the most logical group to represent their needs. 21 1/6/86 Charles Goldwasser, attorney representing Safety Support personnel, spoke regarding the duties of the support personnel and comraderie between the officers and clerks, and stated that Mr. Zoulko said that court time needs were not addressed when he was on the negotiations team. Terry Wood, President of the San Bernardino Police Officers' Association, stated that Safety Support person- nel requirements differentiate them from requirements of the General unit employees because they are required to work shift work, seven hours a week, 24 hours a day. Ann Imparato, Staff Representative, AFSCME, spoke regarding similarities between the General Unit employees and the Safety Support personnel in job functions, rates of compensation, salaries, prerequisites, fringe benefits, duties, pension, vacation, and sick leave, and factors which must exist among employees of a unit in order for the unit to be recognized as a "community of interest". John Wyrough, Executive Director, District Council 36, AFSCME, stated that AFSCME will continue to provide strong competent representation for the Safety Support personnel and all employees in the General Bargaining unit. The Mayor and Common Council discussed a letter dated November 1, 1985, from Glenn Rothner, of Reich, Adell & Crost, attorney representing AFSCME, concerning the possibility of the San Bernardino Police Officers' Association representing the Safety Support personnel inevitably interfering with the ability of these employees to fully exercise their freedom under the Myer-Mi1ias- Brown Act. The San Bernardino Police Officers' Association has conceded that the affected employees are supervised by lieutenants, sargeants and patrolmen who make up the San Bernardino Police Officers' Association, which presents a conflict of interest which should dis- qualify that organization from representing these employees. Adam Webb, President of Local 122, AFSCME, explained how Police Department issues are addressed through the negotiations process. M. J. Perlick, Director of Personnel, stated that only eight of the twenty classes itemized as Safety Support personnel are unique to the Police Department, and a change in the bargaining unit would result in a new series of classifications. She answered questions regarding these classifications in other cities, and the benefits the Safety Support personnel have gained through negotiations. Ray Schweitzer, Deputy City Administrator, answered questions concerning the definition of a "community of interest". M. J. Perlick, Director of Personnel, stated that there is an election for another union scheduled in the immediate future, that the 30-day deadline expires this date at 4:30 p.m., thereby providing time for the Police Officers' Association to get on the ballot, if they so desire. 22 1/6/86 Robert Rees, Senior Dispatcher, stated that the Mayor and Council do not have the input they should have in order to reach a decision concerning the uniqueness of the Safety Support group, which is required to work shift work, undergo polygraph tests, maintain confidentiality and are required to make court appearances on subpoena. COUNCIL MEMBER ESTRADA ARRIVED At 3:00 p.m., Council Member Estrada arrived at the Council Meeting and took her place at the Council Table. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the public hearing concerning the impasse resolution for unit modification of the Safety Support personnel be continued to 2:00 p.m., Tuesday, January 21, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. COUNCIL MEMBERS ESTRADA, HERNANDEZ AND MARKS EXCUSED Council Members Estrada, Hernandez and Marks were excused from the Council Meeting. RES. 86-9 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION....ESTAB- LISHING A BASIC COMPENSATION PLAN...."; AND ADDING A POSITION OF LIBRARY OUTREACH OFFICER AT SALARY RANGE 1103 ($1840 $2242); AND PROVIDING A PAY INCREASE FOR THE CLASS OF HEAD START TEACHER/DIRECTOR FROM $7. 59/HR. TO $7. 86/HR., AND HEAD START TEACHER FROM $7.00/HR. TO $7.25/HR., EFFECTIVE SEPTEMBER 9, 1985. (24) City Clerk Clark previously read the title of the resolution. (Continued from earlier in the meeting - See Page 12.) City Attorney Prince answered questions regarding grant funding requirements and their allocation. Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived, and that said resolution be adopted. Resolution No. 86-9 was adopted by the following vote: Ayes: Council Members Reilly, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Hernandez, Marks. COUNCIL MEMBERS ESTRADA, Council Members Estrada, to the Counc i 1 Mee t i ng and Council Table. HERNANDEZ AND MARKS RETURNED Hernandez and Marks returned took their places at the PROPOSED ANNEXATION - UNINCORPORATED AREA - GENERALLY LOCATED NORTH OF HIGHLAND AVENUE, BETWEEN WATERMAN AND BOULDER AVENUES - CONTINUED FROM EARLIER IN MEETING This is the time and place continued eration of the proposed annexation of the area generally located north of Highland Waterman and Boulder Avenues. to for consid- unincorporated Avenue, between (S-l) 23 1/6/86 RES. 86-10 - RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN BERNARDINO FOR THE ANNEXATION OF INHABITED AND UNINHABITED TERRITORY LOCATED GENERALLY NORTH OF HIGHLAND AVE- NUE, BETWEEN WATERMAN AVENUE AND BOULDER AVENUE. City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived, and that said resolution be adopted. Roger Hardgrave, Director of Public Works/Engineer- ing, answered questions regarding the land in question, seven parcels being totally and two substantially sur- rounded by City land. Discussion was held people in the area voting election and the population regarding the percentage of for annexation at the last of the area. Mayor Wilcox read from a LAFCO resolution dated March 20, 1985, encouraging the City to go forward with the proposed annexation. She provided population figures and a breakdown of minority residents. Roger Hardgrave, Director ing, explained annexation peri ods. of Public Works/Engineer- pr oceed i ng sand protes t Discussion was held concerning the press release made concerning the proposed annexation, and reapportionment of the wards after annexation. Jim Roddy, LAFCO, answered questions regarding a study in the unincorporated area for the formation of a City of Highland. Discussion was held concerning the time which to file written protest against the annexation, public notice and hearing dates. 1imi t in proposed Resolution No. 86-10 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. Discussion notification of communities. was held affected concerning the parties and costs for surrounding Counc i 1 Membe r Mar ks made a mot i on, seconded by Council Member Quiel, to authorize and direct the Mayor to prepare and distribute an appropriate letter to the registered voters within the affected area as notification of the proposal the City has passed, and explaining the City's position with respect to the objectives. Council Member Strickler made a substitute motion to direct the City Administrator to come up with an adver- tising program covering newspaper, radio and television stations for public service announcements and any other form of media we can consider so that everyone receives equal notice. The motion died for lack of a second. 24 1/6/86 Mr. Ross Jones and Mr. Dennis Johnson spoke in opposition to the proposed annexation. Council Member Quie1 made a substitute motion, seconded by Council Member Marks and unanimously carried, to refer the matter of notification of affected parties and surrounding communities of the proposed annexation, to staff, the City Administrator's Office, and report back on January 21, 1986. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. RES. 86-11 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING JANUARY 20, 1986, TO BE A CITY HOLIDAY IN RECOGNITION OF THE CONTRIBUTIONS OF DR. MARTIN LUTHER KING, JR. City Clerk Clark read the title of the resolution. Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolution be waived, and that said reso- lution be adopted. Resolution No. 86-11 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. RES. 86-12 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO FOR COSTS OF HIGH GROUNDWATER PUMPING PROGRAM. (Continued from earlier in the meeting.) (R-2) City Clerk Clark read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Frazier, that further reading of the resolution be waived, and that said resolution be adopted. Resolution No. 86-12 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Members Marks, Quiel. Abstain: Council Member Estrada. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. RES. 86-13 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING THE SUPPLEMENTAL FINDINGS AND CONCLUSIONS REGARDING THE BOARD OF BUILDING COMMIS- SIONERS' ABATEMENT PROCEEDINGS AND SPECIAL FINDINGS AND CONCLUSIONS REGARDING A ZONING VIOLATION IN THE MATTER OF 5055 DAVID WAY, SAN BERNARDINO, CALIFORNIA. City Clerk Clark read the title of the resolution. 25 1/6/86 Council Member Strickler made a motion, seconded by Council Member Quie1, that further reading of the resolution be waived, and that said resolution be adopted. Resolution No. 86-13 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quie1, Strickler. Noes: None. Absent: Council Members Marks, Frazier. COUNCIL MEMBERS MARKS AND FRAZIER RETURNED Council Member Marks and Frazier returned to the Council Meeting and took their places at the Council Table. STOP WORK ORDER - APARTMENTS - 369 EAST RIALTO AVENUE - MR. AND MRS. POVELKO In a memorandum dated January 6, 1986, Jack Rose- braugh, Superintendent of the Building and Safety Depart- ment, provided details concerning construction of a project located at 369 East Ria1to, San Bernardino, by Mr. and Mrs. Povelko. Council Member Reilly stated that he would abstain from this item to avoid a possible conflict of interest due to the fact that the engineering firm by which he was formally employed performed engineering services (grading plan) on this project. COUNCIL MEMBERS REILLY EXCUSED Council Members Reilly left the Council Meeting. Council Member Quiel made a motion, seconded by Council Member Strickler, to send the matter to the Board of Building Commissioners for their review and meeting with the City Attorney's Office concerning mitigation of problems, and have a recommendation back to the Council by January 21, 1986. (This motion was later rescinded - See Page 27. No vote taken at this time.) COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. RECESS MEETING - CLOSED SESSION At 4:55 p.m., Council Member Estrada made a motion, seconded by Council Member Hernandez, to recess to a Closed Session under the authority of Government Code Section 54956.9(b) (I), as there is significant exposure to li tigation. The motion carried by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Council Members Reilly, Strickler. CLOSED SESSION At 4:55 p.m., Mayor wilcox called to order in the Conference Room of the City Hall, 300 North "D" Street, California. the Closed Session Council Chambers, San Bernardino, ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Hernandez, Marks, Quie1, Frazier; City Attorney Prince, Deputy City Admin- istrator Schweitzer. Absent: Council Members Reilly, Strickler, City Clerk Clark. ADJOURN CLOSED SESSION At 5:32 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. 26 1/6/86 RECONVENE MEETING At 5:32 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Hernandez, Marks, Quiel, Frazier; City Attorney prince, City Clerk Clark, Deputy City Administrator Schweitzer. Absent: Council Members Reilly, Strickler. STOP WORK ORDER - APARTMENTS - 369 EAST RIALTO AVENUE - MR. AND MRS. POVELKO - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for consideration of a memorandum from Jack Rosebraugh, Superintendent of Building and Safety Department, dated January 6, 1986, concerning construction of a project located at 369 East Rialto, San Bernardino, by Mr. and Mrs. Povelko. Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that the previous motion made by Council Member Quiel to send the matter to the Board of Building Commissioners for their review and to meet with the City Attorney's Office, con- cerning mitigation of problems, and to have a recommen- dation back to the Council by January 21, 1986, be res- cinded. Council seconded by carried: Member Quiel made the following motion, Council Member Estrada and unanimously 1. that the Department of Building and Safety be instructed to issue a Stop Work Order on the project located at 369 East Rialto with the further instruction that no new permits be issued until a complete set of plans and a timetable for correction of all out- standing problems is submitted (said plans are also to include provisions for the enhance- ment of the aesthetics of the project); 2. that the City Attorney be instructed to investigate possible courses of action against Mr. povelko (this to include filing of actions with the State Contractor's Licensing Board and any other suitable action); 3. that an Ad Hoc Committee be formed, comprised of Council Members Estrada, Hernandez and Marks, to examine the actions of the Department of Building and Safety with respect to this project, as well as other projects that Mr. Povelko has built (this is specifically to include the deter- mination of whether building codes presently in force in San Bernardino sufficiently protect health, safety and the aesthetic environment); 4. that the Ad Hoc Committee be granted subpoena power by the full Council; 5. that the Ad Hoc Committee be authorized to hire outside legal expertise to review the con- struction as it pertains to plumbing, electrical and general building conditions of projects on Ria1to Avenue, as well as the four other existing projects; 27 1/6/86 6. that the funding for hiring of outside pro- fessional expertise be authorized from the general fund reserves. ADJOURNMENT At 5:45 p.m., Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the meeting be adjourned to Thursday, January 9, 1986, at 6:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. A~;-/:I:1/H~ / Ci ty Clerk ~~~ Deputy City Cler 28 1/6/86