HomeMy WebLinkAbout01-06-1992 Reg Mtg %a- Lit
AGENDA
REGULAR MEETING
MAYOR AND COMMON COUNCIL
MONDAY, JANUARY 6 , 1992 - 8:30 A.M.
p COUNCIL CHAMBERS
CALL TO ORDER O ' 3 C/
ROLL CALL
PRESENT:
ABSENT:
CLOSED SESSIONS
1 . The Mayor and Common Council and Community Development
Commission will recess to closed session for the following:
a. to give instruction to the City ' s/Commission ' s
negotiator on the purchase of property pursuant to
Government Code Section 54956 .8. The real property
which the negotiations concern is generally located at:
b. to consider personnel matters pursuant to Government
Code Section 54957 ;
C . to meet with designated representatives regarding labor
relations matters pursuant to Government Code Section
54957 . 6;
d. to confer with the Chief of Police on matters posing a
threat to the security of public buildings or a threat
to the public ' s right of access to public services or
public facilities pursuant to Government Code Section
54957;
e. to confer with the attorney regarding pending
litigation pursuant to Government Code Section
54956 . 9(b) ( 1) , as there is significant exposure to
litigation;
1 1/6/92
f. to confer with the attorney regarding pending
litigation pursuant to Government Code Section
54956 . 9(c) , so that Council/Commission may decide
whether to initiate litigation;
g. to confer with the attorney regarding pending
litigation which has been initiated formally to which
the City is a party pursuant to Government Code Section
54956 .9 (a) as follows:
City of San Bernardino vs . San Bernardino Baseball Club,
Inc . - San Bernardino Superior Court Case No. 239193;
Stubblefield Construction Company, et al vs . City of San
Bernardino, et al - San Bernardino Superior Court Case No.
242998; San Bernardino Superior Court Case No. 252058;
City of Redlands vs . Inland Valley Development Agency, et al
- San Bernardino Superior Court Case No. 255222;
County vs . City of San Bernardino (RDA) - San Bernardino
Superior Court Case No. 258241;
City of San Bernardino vs. San Manuel Band of Mission
Indians, et al - United States District Court - Case No. 85-
6899 WJR (Bx)
Saab vs . City of San Bernardino - Fourth District Court of
Appeals Case No. EOO8652;
City of San Bernardino vs . Patrick Media/Gannett Outdoor, et
al - Riverside Superior Court Case No. 205749;
City of San Bernardino vs. San Bernardino Steel - San
Bernardino Superior Court Case No. 261904;
City of San Bernardino vs Liberty Cable T.V. , et al-
United States District Court Case No. 82-6876 WMB;
City of San Bernardino vs . County of San Bernardino, et al-
Riverside Superior Court Case No. 207900;
Hesterley vs . City of San Bernardino - San Bernardino
Superior Court Case No. 260468;
2 1/6/92
Tomas Armendariz , et al vs. James F. Penman, et al - United
States District Court Case No. 91-5757 CMS (WRx) ;
Meridian Park Investments vs City of San Bernardino et al
- United States District Court Case No. 91-3993 JSL (JRx) ;
Matthew Hobbs vs. City of San Bernardino, et al - San
Bernardino Superior Court - Case No. 250971;
City of San Bernardino vs . New Hope Church of Christ - San
Bernardino Superior Court Case No. 266723 .
END OF CLOSED SESSION
3 1/6/92
RECONVENE MEETING - 9 :30 A.M.
ROLL CALL 9 : 3 5 A •-
PRESENT: l z y i 3 �o . 7 f �Y /�
ABSENT:
INVOCATION: .L -"' • �'�'<<�`�-�' -�✓ '�- �PweLC�'�'�
0
PLEDGE: '2
✓2 . Announcements by Mayor and Council.
/3 . PUBLIC COMMENTS ON ITEMS NOT ON AGENDA: A five-minute
limitation shall apply to each member of the public who
wishes to address the Mayor and Common Council on a matter
not on the agenda. No member of the public shall be
permitted to "share" his/her five minutes with any other
member of the public . (Usually, any items received under
this heading are referred to staff for further study,
research, completion and/or future Council action. )
� 4 . Appointments/Presentations.
Dr. Sherrie Howie - Library Board - Mayor Holcomb.
(See Attached)
CONSENT CALENDAR
NOTION: That the motions indicated by consent calendar
items 5 through 20 be adopted except fore /'y ,
NJ , _, _ and
5. Waive fafther reading of resolutions and ordinances.
MOTION:- That further reading of all resolutions and
ordinances on the regular, supplemental and
Community Development Commission agendas be
waived.
4 1/6/92
(Consent Calendar continued)
6 . Council Minutes .
MOTION: That the minutes of the following meetings of the
Mayor and Common Council of the City of San
Bernardino, be approved as submitted in
typewritten form:
November 4, 1991 (Delivered on 12/23/91)
November 7, 1991 Delivered on 12/23/91)
7 . Authorization to proceed - sale of City property located
north of Glendenning Way, east of Valencia Avenue. (See
Attache4i Ward 7
MOTION• That the Real Property Section be authorized to
• proceed with the proposed sale of City property
located north of Glendenning Way and do all things
necessary and incidental thereto according to
established procedures, including the obtaining of
a title report and aal of subject property.
v_
B . pproval of plans and authorization to advertise for bids-
Phase I of improvements of Buckboard Park. (See Attached)
Cost to City - $699,000 from Park Construction Fee Fund. )
Ward 5
MOTION: That the plans for Phase I of the improvement of
Buckboard Park, in accordance with Plan No. 7662
be approved; and the Di ctor of Public Works/City
Engineer be authors // advertise for bids .
?(S
9 . Approval of plans and authorization to advertise for bids-
installation of a block wall in Nicholson Park. (See
Attached) (Cost to City - $25,800 from Community
Development Block Grant) Ward 3
MOTION: That the plans for installation of a block wall in
Nicholson Park, in accordance with Plan No. 8639,
be approved; and the Director of Public Works/City
Engineer be authorized to dvertise for bids .
�_ 5 / 1/6/92
(Consent Calendar continued)
10. Approval of plans and authorization to advertise for bids-
modification of Nunez pool and bath house to improve
accessibility for handicapped and security. (See Attached)
(Cost to City - $57,490 from Community Development Block
Grant. l1 Ward 1
MOTION:/ That the plans for modification of Nunez pool and
bath house, to improve accessibility for the
handicapped and security, in accordance with Plan
No. 8623, be approved; and the Director of Public
Works/City Engineer be aj� horized to advertise for
bids. 7/Z
11. Adoption of mitigated negative !declaration and mitigation
monitoring reporting program and finding of consistency with
circulation element of the General Plan - replacement of
Little League Bridge over Cable Creek. (See Attached)
Ward 5
U•MOTION That the mitigated negative declaration for Public
Works Project No. 91-07, and the mitigation
monitoring/reporting program, be adopted.
MOTION• That a finding be made that the construction of
Public Works Project No. 91-07 is consistent with
the circulation element--of�the General Plan.
�2.
12 . Receive and file the City of San Bernardino Municipal Water
Department ' s Water, Sewer, and Geothermal Utility Audit
Reports for fiscal year ending June 30, 1991. (See
Attached) (Audit Report is available in the City Clerk's
Office)_
l
MOTION: That the Mayor and Common Council receive and file
the City of San Bernardino Municipal Water
Department' s Water, Sewer, and Geothermal Utility
Audit Reports for fiscal year ending June 30,
1991.
07/�
13 . Claims d Payroll. (See Attached)
OTION: That the claims and payroll and the authorization
to issue warrants as listed on the memorandum
dated December 16, 1991, from the Director of
Finance, be approved. / \
(,( L
6 ( 1/6/92
(Consent Calendar continued)
14 . Personnel Actions. (See Attached)
NOTION: That the personnel actions submitted by the Chief
Examiner, dated December 19, 1991, in accordance
with all administrative regulations of the City of
San Bernardino, be approved.
RESOLUTIONS
NOTION: That the following resolutions be adopted.
City Clerk's Office
15 . Resolution of the City of San Bernardino confirming costs of
abatements and imposing liens on certain parcels of real
property located within the City of San Bernardino for the
costs of the abatement of public nuisances. (Building
Abatements) (See Attached)
Personnel
16 . Resolution of the City of San Bernardino amending Resolution
No. 6433 Section Four, adding and deleting various city
positions for the purpose o difying prior council
actions .
/Z)
Water Department
( 17 . Resolution of the Mayor and Common Council of the City of
San Bernardino, a Municipal Corporation, authorizing the
sale, execution and delivery of approximately $41,750,000
principal amount of certificates of participation of the San
Bernardino Public Safety Authority and approving certain
documents in connection rewith. (See Attached)
cA
7 1/6/92
(Consent Calendar continued)
ORDINANCES - FINAL READING
NOTION: That the following ordinances be adopted.
18 . Ordinance of the City of San Bernardino adding Paragraph C
to Subsection 19 .20 .030, Item 18, setting forth special fee
areas designated by a resolution of the Mayor and Common
Council of the City of San B ardino. (See Attached)
7�L
19 . An ordinance of the City of San Bernardino amending Chapter
5.04 of the San Bernardino Municipal Code relating to
Business Registration Certificates. (Cost to City-
$4,101.95 from General Fund) (The ordinance is available for
review in the City Clerk's Of
20 . Ordinance of the City of San Bernardino amending Sections
19 . 06 .010(2 ) (C) , 19 .060.030(2), 19 .24 . 040, and Tables 06 . 01
and 06 .03 of the San Bernardino Municipal (Development Code)
to establish existing single family residential structures
as permitted, conforming uses in the Commercial Office (CO-
2) land use districts city wide, and to provide standards by
which the structures may be converted to low intensity
office uses . (See Attached)
END OF CONSENT CALENDAR
8 1/6/92
CONTINUED FROM DECEMBER 2. 1991
21 . Ordinance of the City of San Bernardino amending Chapter
15 . 37 of the San Bernardino Municipal Code; establishing new
policies and provisions for review of demolition permit
applications for potentially historic buildings and
structures and providing for continuation of the Historic
Pres tion Task Force. (See Attached)
(7J10N--
That the Mayor and Common Council continue this
ordinance until February 3, 1992, to enable staff
to work with the Economic Development Agency on
options for simplifyi g the review process for
demolition permit li ations.
,
Public Works/Enaineerinq
22 . Report of bids - replacement of sewer line in "D" Street
from 7th Street to 9th Street. (See Attached)
Resolution of the City of San Bernardino awarding a contract
to Insituform Southwest for sewer pipeline rehabilitation in
"D" Street, from Seventh Street to Ninth Street. (Cost to
City - Option No. 1: $105,000 from Sewer Line Construction
Fund) Ward 1
MOTION: That the transfer of $27,000 from Account No. 245-
365-57704, "City' s share of Sewer Extensions, " to
Account No. 245-365-57886, "Replacement of Sewer
Main - "D" Street, be approved; and that said
resolution be adopted.
or
MOTION: That the bid for replacement of the sewer line in
"D" Street, from Seventh Street to Ninth Street in
accordance with Plan No. 8587, be rejected; and
that the Director of Public Works/City Engineer be
authorized to re-advertise for alternate bids to
replace or reline the sewer line.
or
2.
9 1/6/92
4
(See next page for additional motions)
MOTION: That the bid for replacement of the sewer line in
"D" Street, from Seventh Street to Ninth Street in
accordance with Plan No. 8587 , be rejected; and
that the Director of Public Works/City Engineer be
authorized to re-advertise for bids to remove the
protruding laterals and materials from laterals .
STAFF REPORT
23 . Luncheon Workshop - to discuss Council Ward redistricting--
12: 00 noon to 1:30 p.m. , MIC Room, Sixth Floor, City Hall.
10 1/6/92
4 RECONVENE MEETING
PLANNING MATTERS
2:00 P.M.
ROLL CALL
PRESENT:
ABSENT:
TO BE HEARD AT 2:00 P.M. - CONTINUED FROM DECEMBER 2, 1991
24 . ADDeal - Planning Commission denial of Conditional Use
Permit No. 91-39 - to construct a billboard on the same site
that a billboard was removed to facilitate the construction
X2;7 of a retail commercial center. (Backup material was
distributed on December 2, 1991, Item No. 36, new staff
,T report attached)
Filed by: Gannett Outdoor Advertising Co. , Inc.
;a
Owner: The "E" Street Shopping Center Joint Venture
Location: Ward 3. Located on the west side of the 700 South
block of "E" Street, across from Orange Show
Fairgrounds . The property is an irregularly-
shaped parcel of land consisting of about 2 .3
acres having a frontage of about 580 .39 feet on
the west side of "E" Street.
Staff recommendation: It is recommended that the Mayor
and Council deny the appeal and deny Conditional Use Permit
No. 91-39 based on the findings of fact contained in
Attachment "B" .
Planning Commission recommendation: Deny based upon
findings of fact. VOTE: Ayes: 6 : Nays: 0; Absent: 3 .
Mayor open the hearing . . .
OTION: hat the Mayor and Common Council continue this
item until February 3, 1992 .
/I
11 1/6/92
CONTINUED FROM DECEMBER 2 . 1991
25 . Appeal: Planning Commission' s denial of Review of Plans No.
89-40 - a request to amend Condition of Approval No. 1 which
restricts the sale of alcohol at the retail center, and
Conditional Use Permit No. 91-22 to permit the off-site
sales of beer and wine in Deli/Market. (Backup material was
distributed on December 2, 1991, Item No. 38, new staff
report attached)
Filed by: Bassam Askar
�A
Owner: Linkletter-Perris
Location: Ward 3. Southeast corner of Mill Street and
Pepper Avenue. (505 S. Pepper Avenue, Unit "A" )
Staff recommendation: Deny the appeal and deny the
amendment to conditions to Review of Plans No. 89-40, and
deny Conditional Use Permit No. 91-22 .
Planning Commission recommendation: Deny appeal. VOTE:
Ayes : 6; Nays: 0; Absent: 2 .
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that the Mayor and
Common Council deny the appeals and deny Review of
Plans No. 89-40 (Amendment to Conditions) and
Conditional Use Permit No. 91-22 (Supports staff
recommendation and Planning Commission' s action) ;
or
MOTION: That the hearing be closed; and that the
Mayor and Common Council approve Review of
Plans No. 89-40 (Amendment to Conditions) and
Conditional Use Permit No. 91-22 in concept
and refer the matter back to staff to develop
positive findings of fact.
12 1/6/92
TO BE HEARD AT 2:00 P.M. - CONTINUED FROM JULY 15, 1991
26 . Public hearing - establishing and modifying fees for
Planning Division services . (Backup material was
distributed on July 15, 1991, Item No. 35, new staff report
attached)
Mayor to open the hearing . . .
MOTION: That the planning fee schedule adopted by
Resolution No. 91-148 remain in effect until April
of 1992 .
4-1
MOTION: That information on cost of providing planning
services and the best method to structure and
collect fee be referred to the Legislative Review
Committee.
27 . Adjournment.
MOTION: That the meeting be adjourned.
13 1/6/92
NOTICE: Any member of the public may address this meeting of
the Mayor and Common Council on any item appearing on
the agenda, by approaching the microphone in the
Council Chambers when the item about which the member
desires to speak is called, and by asking to be
recognized.
Any member of the public desiring to speak to the Mayor
and Common Council concerning any matter not on the
agenda but which is within the subject matter
jurisdiction of the Mayor and Common Council, may
address the body at the beginning of the meeting,
during the period reserved for public comments, said
total period for public comment shall not exceed forty-
five (45) minutes, unless such time limit is extended
by the Mayor and Common Council . A five minute
limitation shall apply to each member of the public,
unless such time limit is extended by the Mayor and
Common Council . No member of the public shall be
permitted to "share" his/her five minutes with any
other member of the public .
The Mayor and Common Council may refer any items raised
by the public to staff, or to any commission, board,
bureau or committee for appropriate action or have the
item placed on the next agenda of the Mayor and Common
Council . However, no other action shall be taken nor
discussion held by the Mayor and Common Council on any
item which does not appear on the agenda unless the
action is otherwise authorized in accordance with the
provisions of subdivision (b) of Section 54954 .2 of the
Government Code.
14 1/6/92
RACHEL KRASNEY
CITY CLERK
I ND FLOOR.
A G E N D A �J
MAYOR AND COMMON COUNGn
6
AND THE
COMMUNITY DHVBLOPMBNT COMM1'1{$sun '.
OF THE CITY OF SAN BEBAA
Council Chambers, City Man
"January 6, 1992 — 11:00 A.Z.n
(Regular Meeting)
--- 1 :
---------------------------------
CALL TO ORDER:
ROLL CALL: -
PRESENT:
4
ABSENT: "
tr
---
(PUBLIC COMMENTS ON ITEMS NOT ON AGENDA) lm-
CONSENT
t
hh y
b tY
CALENDAR y '
MOTION: That the motions indicated by Consent
.Caleadar' L +s;u
"1" through "5" be adopted, except for Items numbd�
.c
1. -COMMUNITY DSVELOPMENf COMIISSION v,
MOTION: That the minutes of the following; meetings of the
Development Commission of the City of San Bernard
approved as submitted in typewritten form.
a) September 16, 1991 _
b) October 18, 1991 s
c) October 21, 1991
d) December 16, 1991 `
4
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DE:5557R
�glIIBSZ011
REGULAR M6ETIAG
2. REDEVELOPMENT COMMITTEE MINUTES
(Community Development Commission)
MOTION: That the minutes of the Redevelopment Committee meeting of
December 12, 1991 be received and filed as submitted in
typewritten form.
3. PERS HEALTH CARE RETIREES
(Community Development Commission)
MOTION: That the attached report on the PERS Health Care coverage for
retirees be received and filed.
4. 201 NORTH "E" STREET BUILDING MODIFICATIONS
(Community Development Commission)
MOTION: That the Community Development Commission authorize the
Executive Director to execute contracts for (i) the
installation of modifications to the 201 North "E" Street
office building's air conditioning controls and distribution
system in an amount not to exceed $66,000; (11) the
installation of LPA retrofit equipment to the building's
centralized HVAC Chiller system in an amount not to exceed
$16,500; and (iii) the modifications to the Big 5 tenant
facilities consisting of the installation of the LPA retrofit
equipment for the HVAC system and electrical utility meters
in an amount not to exceed $12,900.
J
5. 'VICTORIA AVENUE DRAINAGE PROJECT
I i
(Mayor and Common Council)
MOTION: ) That the Mayor and Common Council approve the substitution
CDBG funds from Highway Safety Lighting projects to finance
the installation of curbs, gutters and drainage facilities in
the amount of $267,000.
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DE:5557R COMMISSION MEETING AGENDA
REGULAR MEETING - 2 - MEETING DATE: 01/06/1992
.r
END OF CONSENT CALENDAR �.
d J
I
wcW 1leusc �J� ;� (
G
6. OPTION HOUSE,, INC ADDITIONAL HOUSING DEVELOPMENT � pyr�c.ryn�-
(J n
(Mayor and Common Council)
NOTION: That the Mayor and Common Council approve a $25,000 loan at X,
an interest rate of eight percent (8X) to Option House for
--the development of addition ansitional housing.
------ ud-----------
7. LA QUINTA MOTOR INNS. INC.
OPEN PUBLIC HEARING. CLOSE PUBLIC HEARING.
(Mayor and Common Council)
MOTION RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, REGARDING THE HOLDING OF A PUBLIC
__,_,� HEARING IN CONNECTION WITH THE ISSUANCE OF THE "CITY OF SAN
BERNARDINO, CALIFORNIA, INDUSTRIAL DEVELOPMENT REVENUE
REFUNDING BONDS, ISSUE OF 1992 (LA QUINTA MOTOR INNS, INC.
PROJECT)".
— --------- ----------------
(Mayor and Coon Council)
C B: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING AND AUTHORIZING THE
EXECUTION OF CERTAIN DOCUMENTS IN CONNECTION WITH THE
ISSUANCE OF THE "CITY OF SAN BERNARDINO, CALIFORNIA,
INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS, ISSUE OF 1992
(LA QUINTA MOTOR INNS, INC. PROJECT)" AND AUTHORIZING SUCH
FURTHER ACTION AS MAY BE NECESSARY TO CONCLUDE THE ISSUANCE,
SALE AND DELIVERY OF SUCH BONDS.
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DE:5557R COMMISSION MEETING AGENDA
REGULAR MEETING - 3 - MEETING DATE: 01/06/1992
S. CIVIC LIGHT OPERA ASSOCIATION DISPOSITION AND DEVELOPMENT AGREEMENT
(Community Development Commission)
MOTION: That the Community Development Commission review the attached
correspondence and documentation and take whatever action
deemed appropriate.
CLOSED SESSION
9. ADJOURN TO CLOSED SESSION
MOTION: That the Mayor and Common Council and the Community
Development Commission recess to Closed Session for the
following:
A. to confer with the attorney regarding pending litigation
which has been initiated formally to which the Commission is
a party pursuant to Government Code Section 54956.9(x), as
follows:
B. to confer with the attorney regarding pending litigation
pursuant to Government Code Section 54956.9(b)(1), as there
is significant exposure to litigation;
C. to confer with the attorney regarding pending litigation
pursuant to Government Code section 54956.9(c), so that the
Commission may decide whether to initiate litigation;
D. to give instruction to the Commission's negotiator on the
purchase of property pursuant to Government Code Section
54956.8. The real property which the negotiations concern is
generally located at:
;
E. to consider personnel matters pursuant to Government Code
Section 54957.
END OF CLOSED SESSION
10. ADJOLIRIN�N'P
MOTION: That the Regular Meeting be adjourned to Monday, January 20,
1992 11:00 a.m., in the City Hall Council Chambers located
at 300 North "D" Street, San Bernardino, California.
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DE:5557R COMMISSION MEETING AGENDA
REGULAR MEETING - 4 - MEETING DATE: 01/06/1992
RACHEL KRASNEY
CITY CLERK
w! 2ND FLOOR
S U P P L E M E N T A L
AGENDA
MAYOR AND COMMON COUNCIL AND
THE COPE 1MM DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
"January 6, 1991 - 11:00 A.M."
(Regular Meeting)
CALL TO ORDER:
ROLL CALL:
PRESENT:
ABSENT:
---------------------------------------------------------
(PUBLIC COMMENTS ON ITEMS NOT ON AGENDA)
RS-1.7PHIOTION: 0
(Community D v iopment Commission)
at the Community Development Commission approve the
tached Disposition and Development Agreement (DDA) between
e Redevelopment Agency of the City of San Bernardino and
Main Street Inn, a California Limited Partnership, for the
development of a two-hundred, sixty-four (264) room Single
Room Occupancy (SRO) project at the Northeast comer of
Fifth and "E" Street&.
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A
REGULAR MEETING COMMISSION SUPPLEMENTAL AGENDA
KJH:dle:5562R - 1 - MEETING DATE: 01/06/1992
`v
CLOSED SESSION
RS-2. NOTION: That the Mayor and Common Council and Community Development
Commission recess to Closed Session for the following:
A. to confer with the attorney regarding pending litigation
which has been initiated formally to which the Commission
is a party pursuant to Government Code Section 54956.9(a)
as follows:
;
B. to confer with the attorney regarding pending litigation
pursuant to Government Code Section 54956.9(b)(1), as
there is significant exposure to litigation;
C. to confer with the attorney regarding pending litigation
pursuant to Government Code Section 54956.9(c), so that
the Commission may decide whether to initiate litigation;
D. to give instruction to the Commission's negotiator on the
purchase of property pursuant to Government Code Section
54956.8. The real property which the negotiations concern
is generally located at:
E. to consider personnel matters pursuant to Government Code
Section 54957.
------------
END OF CLOSED SESSION
RS-3. ADJOURINM
MOTION: That the meeting of the Mayor and Common Council/Community
Development Commission be adjourned to Monday, January 20,
1992, at 11:00 a.m., in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
REGULAR MEETING COMMISSION SUPPLEMENTAL AGENDA
EJH:dle:5562R - 2 - MEETING DATE: 01/06/1992