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HomeMy WebLinkAbout01-21-1986 Minutes I San Bernardino, California January 21, 1986 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:07 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mrs. Earlyne Fisher, Office of Aging, a Senior Employment Program. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler; City Attorney prince, City Clerk Clark, Deputy City Admin- istrator Schweitzer. Absent: Council Member Marks. PROCLAMATION - BLACK HISTORY MONTH - FEBRUARY, 1986 Richard Bennecke, Administrative Assistant to the Mayor, read a proclamation of the Mayor proclaiming the month of February, 1986, as Black History Month in the City of San Bernardino. Alonza Thompson, 1986 Chairman of the Black History Parade Committee, Ernie Wilson, President of the Black History Parade Corporation, and Thomas Gueston, Black History Parade Board Member, were present to accept the proclamation. PREVAILING WAGE PAYMENT - STAFF REPORT ON NAMES OF CONSULTANTS TO ANALYZE ISSUE - CONTINUED FROM JANUARY 13, 1986 This is the time and place continued to for discus- sion on a staff report on names of consultants to analyze the issue of requiring payment of prevailing wages. (27 & RS-4) At the meeting of the Mayor and Common Council held on January 13, 1986, a public hearing was held concerning the prevailing wage requirements. Testimony was received and the following action was taken: "Council Member Quiel made a motion, seconded by Council Member Marks and unani- mously carried, to continue the matter of the prevailing wages to Tuesday, January 21, 1986, that staff, which includes the City Administrator and the Executive Direc- tor of the Redevelopment Agency, be in- structed to submit the list of some con- sultants which have never done business with the City who could prepare an economic analysis of the benefits and detriments of paying prevailing wages, and that informa- tion on the recommended time frame and costs for the study be reported to the Council and that in the meantime, the Ex- ecutive Director of the Redevelopment Agency and the City Administrator do addi- tional studies of this issue on their own." ~ Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that the matter of the prevailing wage issue be continued to 9:00 a.m., on February 17, 1986, and that staff be instructed to notify as many interested persons as possible today of the date that this matter will be discussed. Joe Perez, Secretary of the Riverside-San Bernardino Building Trades Council, asked if the entire matter of the prevailing wage was to be continued, and was told it was. (The prevailing wage matter was considered later in the meeting. See page 26) APPROVE MINUTES - DECEMBER 23, 1985 Council Member Quiel made a motion, seconded by Council Member Reilly, to approve the minutes of the meet- ing of the Mayor and Common Council of the City of San Bernardino held on the 23rd of December, 1985, as sub- mitted in typewritten form. (1) The motion carried by the following vote: Ayes: Council Members Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. Abstain: Council Member Estrada. APPROVE MINUTES - JANUARY 6, 1986 Council Member Quiel made a motion, seconded by Council Member Reilly 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 6th of January, 1986, as submitted in typewritten form, with the following clarification: page 5, second paragraph, Council Member Quiel made a motion, then is shown returning to the Meet- ing in the next paragraph. This should be corrected to show him returning before the motion was made. (2) GAMES OF AMUSEMENT APPROVAL - 201 E. AIRPORT DRIVE - PHILLIP A. DE GEORGE Pursuant to a memorandum dated December 23, 1985, from Police Chief Benjamin Gonzales, Council Member Quiel made a motion, seconded by Council Member Reilly and unan- imously carried, that approval be given for a Games of Amusement Operator's Permit at 201 E. Airport Drive, San Bernardino, California, for applicant Phillip A. DeGeorge. (3) CLAIMS AND PAYROLL Cou nc i 1 Member Qu i el made a mot i on, seconded by Council Member Reilly and unanimously carried, to approve demands against the City and authorize the issuance of warrants as follows: (4) 1. Approve the register of demands dated: December 20, 1985 December 27, 1985 January 6, 1986 85/86 85/86 85/86 #21 #22 #23 $1,015,715.91 253,527.70 933,553.27 2. Approve the total gross payroll for the period December 9, 1985, through December 22, 1985, in the amount of $1,181,289.97. PERSONNEL ACTIONS Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the Personnel Actions submitted by the Director of Personnel in accordance with all administrative regulations of the City of San Bernardino, be approved and ratified as listed: (5) 2 1/21/86 TEMPORARY APPOINTMENTS Parks, Recreation & Community Services Andre Gist - Kitchen Helper - Effective January 7, 1986 Police Department Crossing Guard - Effective January 7, 1986 Ann J. McDaniel Walter G. McVey Public Buildings Anthony Washington - Custodial Aide I - Effective January 7, 1986 Charles Armstrong - Custodial Aide III - Effective January 21, 1986 Custodial Aide II - Effective January 21, 1986 Coriedus Buffington David Loa Jose Gonzalez Fire Department Fire Fighter Trainee - Effective January 27, 1986 Kerry Brown Kirk Mueller Terry J. Kirley Gregory Ward Public Services/Refuse Extra Relief Heavy Laborer - Effective January 4, 1986 Dennis K. Abdullah Edward Hernandez Rene G. Hinojosa Thru11 Hunter Arthur J. Marrufo William McClain Randy R. No1fo Patrick E. Robinson Robert Stockling Jerry L. Zuniga Richard Aragon Sal Hernandez Manuel Huerta Willie W. Loring Robert Mayoral Dennis D. Moreno Jerry J. Rivas Robert Rodriquez Donald J. Vasquez Michael Driver PROVISIONAL APPOINTMENT Police Department Roxanne Luna - Identification Technician - Effective January 20, 1986 PROMOTIONS Fire Department Vern Devore - Engineer - Fire Fighter to Engineer - Effective December 30, 1985 Personnel Lisa L. Villalobos - Personnel Clerk II - Personnel Clerk I to Personnel Clerk II - Effective January 7, 1986 TEMPORARY PROMOTION Parks, Recreation & Community Services Joseph Martinez - Recreation Leader - Recreation Aide to Recreation Leader - Effective January 7, 1986 3 1/21/86 LEAVE OF ABSENCE - MATERNITY Parks, Recreation & Community Services Donna Dorsey - Human Relations Assistant - January 8, 1986 through May 2, 1986 - Effective January 8, 1986 LEAVE OF ABSENCE Parks, Recreation & Community Services Adam Webb - Utility Worker I - January 13, 1986 through January 24, 1986 - Effective January 13, 1986 COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. PUBLIC HEARING - PROPOSED ANNEXATION - NORTH OF THE 1-10 FREEWAY - WEST OF TIPPECANOE AVENUE This is the time and place set for a public hearing to consider the proposed annexation of 30 acres of land located north of the 1-10 Freeway, west of Tippecanoe Avenue. (6) In a memorandum dated January 14, 1986, Roger Hard- grave, Director of Public Works/City Engineer, stated that the owners of the area within the southern portion of the annexation had requested annexation. Based on the recom- mendation of the L.A.F.C., this annexation was increased in size to include the area which is now submitted. (6) Mayor wilcox opened the hearing. John Velt, 40853 Laredo Trail, Cherry Valley, owner of nine acres in the annexation area, asked if any zoning changes are included in the annexation. Planning Director Schuma stated that the annexation does not include any zoning changes. City Clerk Clark stated that no written protests had been received. Counc i 1 Member Qu i e 1 made a mot i on, seconded by Council Member Strickler and unanimously carried, that the hearing be closed. RES. 86-14 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT NO WRITTEN PROTESTS HAVE BEEN FILED AND APPROVING THE ANNEXATION OF DISTRICT NO. 339 (LAFC 2354) LOCATED GENERALLY NORTH OF THE 1-10 FREE- WAY, WEST OF TIPPECANOE AVENUE. (6) City Clerk Clark read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. vote: Quie1, Marks, Resolution No. 86-14 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Strickler. Noes: None. Absent: Council Members Frazier. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council 4 1/21/86 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 JANUARY 6, 1986 This is the time and place continued to for a public hearing to consider General Plan Amendment 85-2, concern- ing property located on 618+ acres bounded by Etiwanda Avenue on the north, City limits on the west (generally Eucalyptus and Pepper Avenues), Rialto Avenue 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. (7) Mayor wilcox opened the hearing. Attorney Richard Granowitz, representing Sequoia Mobile Home Park, 2505 Foothill Blvd., objected to the new designation of 0-10 density for his client's property, which is a lower density than presently zoned. He also objected to the land use designation of mobile home park. He referred to other mobile home parks in the general area which are being designated in commercial zones and felt his client should also be included in a commercjal zone. Planning Director Schuma answered questions regarding prior density provisions and those included in the current General Plan Amendment. Attorney Richard Granowitz, representing Sequoia Mobile Home Park, stated his client would like a density designation of at least 14 units per acre, and again re- quested that the zoning be for commercial use. In case of a natural calamity, and the mobile home park were unusable, the commercial zoning would provide for greater flexibility in obtaining financing and allowing a differ- ent use of the property, if necessary. The Counci 1 discussed various areas of the General inconsistencies which exist. zoning provisions in the Plan Amendment and certain Planning Director Schuma answered questions regarding a mini storage located within the General Plan Area, and stated it is being operated under a conditional use permit. William Wales, who lives in Los Angeles, owner of Second Meridian Mobile Home Park in San Bernardino, stated he felt he would be discriminated against by the down- grading of his property from R-3, 3000 to 0-10. He wants his land to remain as it is designated now. Joe Bonadiman, 606 E. Mill Street, San Bernardino, an engineer, referred to a number of single family subdivi- sions in the area north of Rialto Avenue. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, to adopt the recommendations of the Planning Commission Map dated January 6, 1986, for all that property located north of Pacific Electric Railroad tracks, south of Etiwanda, east from Rancho, west to Eucalyptus, with the following excep- tion: all mobile home parks shown on the entire General Plan Amendment Map dated January 6, 1986, currently desig- nated 0-10 be changed to 0-14. 5 1/21/86 Luther Fair, property owner, stated that he felt that erratic proposals and actions had eroded the General Plan, and that property should not be down graded. Mr. Fair explained that he had bought property in this area when it was zoned R-3, 3000 and had planned to build two bedroom, two bath condominium type homes, which would provide open space and be an asset to the area. City Clerk Clark read a letter dated January 20, 1986 from W. B. McDonald, 2612 Ria1to Avenue, San Bernardino, CA 92410. Mr. McDonald stated he had purchased the prop- erty at 2612 Rialto Avenue to build an apartment house in the future as a supplement to his income. He further stated that he was opposed to any change in the General Plan Zoning. Mr. Ben Shevchuk, owner of the Mediterrean Mobile Home Park on Rialto Avenue, stated that 90% of the resi- dents in his park had signed a petition which essentially said they were against any down grading or rezoning. He also stated that the residents were very concerned that the pOlice sub-station in the area was going to be eliminated. Mayor wilcox stated that a decision had not been reached regarding the elimination of police sub-stations and that a study would be made. Planning Director Schuma answered questions regarding the General Plan Amendment. Joe Bonadiman referred to a petition from approximately 20 persons who own property on the north side of Rialto Avenue, and want the General Plan to remain the same. He stated that problems had arisen because of substandard multi-family housing north of Foothill. COUNCIL MEMBER MARKS ARRIVED At 10:30 a.m., Council Member Marks arrived at the Council Meeting and took his place at the Council Table. Council Member Quiel made a motion, seconded by Council Member Strickler, that the hearing be closed. The Council Frazier, Abstain: motion carried by the following vote: Members Estrada, Reilly, Hernandez, Strickler. Noes: None. Absent: Council Member Marks. Ayes: Quiel, None. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. Counci 1 Member Quiel made a motion, seconded by Council Member Strickler, to approve the second part of General Plan Amendment 85-2 with the exception of that parcel located on the north side of Rialto Avenue and south of the Pacific Electric railroad tracks, east of the commercial and west of the commercial, and that that par- ticular parcel of ground presently shown as 4-7 units per acre be designated residential 8-14 units per acre PRD. The motion failed by the following vote: Council Members Reilly, Quie1, Strickler. Noes: Members Estrada, Hernandez, Marks. Absent: Member Frazier. Ayes: Council Council 6 1/21/86 r------------- The Council discussed zoning designations for mobile home parks. City Attorney Prince answered questions, stating that the City could be liable for damages for certain limita- tions placed upon property, but the Supreme Court had not yet ruled that it applies to zoning situations. Planning Director Schuma answered questions, stating that a mobile home park can be located in any zone under a conditional use permit. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council Council Member Hernandez made a motion, seconded by Council Member Marks, that the hearing be re-opened. The Council Frazier. Absent: motion carried by Members Estrada, Noes: Council None. the following vote: Ayes: Reilly, Hernandez, Marks, Members Quiel, Strickler. Mr. John Cate, owner of property on Rialto Avenue, stated he had a variance on the property which allowed him to do business and didn't want a change to R-1 zoning, but wished it to remain as R-3. Council Member Hernandez made a motion, seconded by Council Member Estrada, to approve the recommendation of the Planning Commission regarding property located north of Ria1to to the Pacific Electric Railroad tracks, west to Pepper and east to Rancho. (As presented on the Planning Map dated January 6, 1986) The motion carried by the following vote: Ayes: Council Member Estrada, Hernandez, Marks, Frazier. Noes: Council Members Reilly, Quiel, Strickler. Absent: None. (This motion was reconsidered later in meeting and failed. See page 8). Ralph Eastwood, 2362 Rialto Avenue, stated he would like the zoning to remain as it is now. Joe Bonadiman, 606 E. Mill Street, San Bernardino, questioned the legality of some of the signatures of the petition presented by Council Member Hernandez and stated that some of the issues addressed in that petition of September, 1985, had changed. Luther Fair, property owner, stated that many people expressed their feelings that if the area is rezoned, the property value will drop about 60%. City Attorney Prince answered questions, stating he didn't visualize any legal issues involving inverse con- demnation. A discussion ensued regarding the question of whether or not there was any down grading of property involved in the General Plan Amendment. Vickie Faulks, owner of Royal Coach Mobile Home Park, asked if the commercial zone in which her mobile home park is located had been changed and was told it had not changed. Planning Director Schuma answered questions regarding variances. 7 1/21/86 I" Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, to recon~ sider the previous motion. Council Member Hernandez made a motion, seconded by Council Member Marks, to approve the recommendation of the Planning Commission regarding property located north of Rialto to the Pacific Electric Railroad tracks, west to pepper and east to Ranch. (As presented on the planning Map dated January 6, 1986.) The motion fai led by the following Council Members Estrada, Hernandez, Marks. Members Reilly, Quiel, Frazier, Strickler. vote: Ayes: Noes: Council Absent: None. Council Member Quiel made a motion, seconded by Council Member Strickler, to adopt General Plan Amendment No. 85-2, (for the property located between Rialto Avenue, the Pacific Electric Railroad, Pepper and Rancho, as pre- sented on the Planning Map dated January 6, 1986), with the exception of those parcels of ground north of Ria1to Avenue, south of the Pacific Electric Railroad tracks and bounded on the east and west by General Commercial land, and dissected by the AT&SF railroad tracks, to be desig- nated 14 units per acre. The motion carried by the following vote: Council Members Reilly, Quie1, Frazier, Strickler. Council Members Estrada, Hernandez, Marks. Absent: Ayes: Noes: None. COUNCIL MEMBERS HERNANDEZ AND Counci 1 Members Hernandez Council Meeting. FRAZIER EXCUSED and Frazier left the APPEAL HEARING - PLANNING COMMISSION'S DECISION - REVOCATION OF SIGN PERMIT NOS. 61024 AND 61025 - GANNETT OUTDOOR CO., INC. - 512 E. REDLANDS BLVD. - 455 W. FIFTH STREET - CONTINUED FROM NOVEMBER 18, 1985 This is the time and place continued to for consider- ation of an appeal filed by Gannett Outdoor Co., Inc., concerning the denial by the Planning Commission of Sign Permit Nos. 61024 and 61025 for the construction of a new, painted bulletin at 512 E. Redlands Blvd., and the demoli- tion of one billboard located at 455 W. Fifth Street. (8) In a memorandum dated January 13, 1986, Planning Director Schuma explained that this matter had been con- tinued to allow sufficient time for the City Attorney's office to prepare an ordinance amendment which would per- mit billboards within 500 feet of the existing right-of- way. Counci 1 Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the hearing on the revocation of Sign Permit Nos. 61024 and 61025 be continued to March 17, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPEAL HEARING - PLANNING COMMISSION'S DECISION - REVOCATION OF SIGN PERMIT NOS. 61006, 61007 AND 61008 - FOSTER & KLEISER - 726 E. REDLANDS BLVD. - 415 AND 390 W. HIGHLAND - CONTINUED FROM NOVEMBER 18, 1985 This is the time and place continued to for consider- ation of an appeal filed by Foster & Kleiser on the deci- sion by the Planning Commission of revocation of Sign Permit Nos. 61006, 61007 and 61008, for the construction 8 1/21/86 r--- of a new painted bulletin at 726 E. Red1ands the demolition of two billboards located at 415 Highland Avenue. Blvd., and and 390 W. (9) In a memorandum dated January 13, 1986, Planning Director Schuma explained that this matter had been con- tinued to allow sufficient time for the City Attorney's office to prepare an ordinance amendment which would per- mit billboards within 500 feet of the existing right-of- way. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal concerning revocation of Sign Permit Nos. 61006, 61007, and 61008 be continued to March 17,1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. FOOTHILL COMMUNITIES PROTECTIVE "GREENBELT" PROGRAM REPORT In a memorandum dated January 9, 1986, Planning Director Schuma gave the background for the creation of the Foothill Communities Protective "Greenbelt" Program. He stated that at the meeting of the Planning Commission on January 7, 1986, it was recommended that the Foothill Communities Protective "Greenbelt" Program Report be adopted with modifications as recommended by the Standards Committee. It was also recommended that an ordinance amendment be prepared to create a Wildfire Protection Overlay Zone. (10) Counci 1 Member Marks made a motion, seconded by Council Member Quie1 and unanimously carried, that the Foothill Communities Protective "Greenbelt" program matter be continued and authorization given to create a special ad hoc committee comprised of Council Members Marks, Quiel and Strickler to review the issue and bring back recom- mendations to the Council at the earliest opportunity. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SECTION 19.60.250 SUBSECTION B OF THE SAN BERNARDINO MUNICIPAL CODE TO PERMIT THE REPLACEMENT OF OFF-PREMISE SIGNS WITH OFF-PREMISE SIGNS TO BE ERECTED IN C-3, C-3A, C-M, M-1 AND M-2 ZONING DISTRICTS, AND SUBJECT TO THE TERMS AND CONDITIONS OF A WRITTEN AGREEMENT AND THE APPROVAL OF THE MAYOR AND COMMON COUNCIL, WITHIN 660 FEET OF FREEWAY AND PRIMARY STREETS. (38) The City Clerk read the title of the ordinance. Council Member Marks 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. 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. 9 1/21/86 COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. NEW CENTRAL LIBRARY - CONSTRUCTION OF ON-SITE WORK - RIVERSIDE CONSTRUCTION CO. - APPROVAL AND ACCEPTANCE In a memorandum dated January 8, 1986, Roger Hard- grave, Director of Public Works/City Engineer, stated that all work under the contract with Riverside Construction Co. for construction of on-site work on the New Central Library was satisfactorily completed on January 7, 1986. (R-3) Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the work performed by the contractor, in accordance with Specification No. 6468, be approved and accepted; and that final payment be authorized at the expiration of the lien period. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE ITS MULTI- FAMILY MORTGAGE REVENUE BONDS; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS AND MAKING CERTAIN OTHER FINDINGS AND DETERMIN- ATIONS IN CONNECTION THEREWITH (VLACH APARTMENT PARK PROJECT) (Continued from December 16, 1985) (R-4) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be continued to March 3, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE ITS MULTI- FAMILY MORTGAGE REVENUE BONDS; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS AND MAKING CERTAIN OTHER FINDINGS AND DETERMIN- ATIONS IN CONNECTION THEREWITH (WESTERN COMMUNITIES ASSOCIATES PROJECT) (Continued from December 16, 1985) (R-5) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be continued to March 3,1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. TEFRA PUBLIC HEARING - S. P. DEVELOPMENT - CONTINUED FROM DECEMBER 2, 1985 This is the time and place continued to for a TEFRA public hearing to consider the application from S. P. Commercial Development for a public storage facility. The proposed project is on a three acre site located at 155 W. Caroline Street. (R-6) 10 1/21/86 In a memorandum dated January 9, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, stated that the developer had requested a continuance. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the TEFRA public hearing concerning S. P. Development be continued to March 17, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. TEFRA PUBLIC HEARING - VARIOUS PROJECTS - CONTINUED FROM DECEMBER 23, 1985 This is the time and place continued to for consider- ation of the following TEFRA public hearings which were continued pending adoption of the new policy guidelines for all multifamily bond projects: (R-7) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $6,500,000 PRIN- CIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (GILBERT STREET VILLAS PROJECT). RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $9,300,000 PRIN- CIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVENUE BONDS (SANDALWOOD PARK APARTMENTS PROJECT) . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $28,000,000 PRIN- CIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVE- NUE BONDS (THE WOODLANDS PROJECT). RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $15,920,000 PRIN- CIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVE- NUE BONDS (NOBLE PROPERTIES, INC., PROJECT) . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $4,820,000 PRIN- CIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVE- NUE BONDS (CHAPARRAL APARTMENT PROJECT). RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $16,000,000 PRIN- CIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVE- NUE BONDS (MOUNTAIN VISTAS PROJECT) 11 1/21/86 Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the foregoing resolutions and TEFRA public hearings be continued to April 7, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ENTERPRISE ZONE - COST SUMMARY In a memorandum dated January 14, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, presented a synopsis of previous Commission/Council action regarding the Enterprise Zone. She also stated that on January 6, 1986, staff was instructed to prepare a report on costs incurred to date and those anticipated in the future con- cerning the Enterprise Zone. She reported that the total cost to date was $328,759. (R-8) The Council discussed the excessive costs of processing the Enterprise Zone application. Council Member Strickler requested an itemization of the costs incurred to date on the Enterprise Zone applica- tion along with a survey sent to other cities, and the results of the survey, for the purpose of a review by the Legislative Review Committee. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. PUBLIC HEARING - HISPANIC CHAMBER OF COMMERCE, INC. - 972 NORTH MT. VERNON AVENUE - PROPOSED SALE OF CITY PROPERTY - CONTINUED FROM JANUARY 6, 1986 This is the time and place continued to for a public hearing to consider the sale of City property located at 972 North Mt. Vernon Avenue to the Hispanic Chamber of Commerce, Inc. (R-13) Mayor Wilcox opened the hearing. Council Member Quie1 made a motion, seconded by Council Member Strickler and unanimously carried, that the hearing be closed. RES. 86-15 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF THAT CER- TAIN PARCEL OF PROPERTY IDENTIFIED AS APN 139-17-3-15, LOCATED AT 972 NORTH MT. VER- NON AVENUE, BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TO THE HISPANIC CHAMBER OF COMMERCE. (R-13) The City Clerk read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of the resolution be waived. Council Member Quie1 made a motion, seconded by Council Member Estrada and unanimously carried, that said resolution be adopted, with the condition that the deed contain very explicit language that the property is being purchased "as is". vote: Marks, None. Resolution No. 86-15 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: 12 1/21/86 BELCO DEVELOPMENT COMPANY - COMMUNITY DEVELOPMENT BLOCK GRANT LOAN - DECLARATION OF DEFAULT STATUS In a memorandum dated January 15, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, gave the background of three Disposition and Development Agreements with Belco Development Company for the acquisition and development of properties located at Mt. Vernon Avenue and Spruce and Mt. Vernon Avenue and Vine. Ms. Saul stated that Be1co had failed to make the monthly payments for the months of November, 1985, December, 1985, and January, 1986. (R-14) Council Member Quiel stated he would abstain from voting on this matter due to a possible conflict of interest. Ken Henderson, Manager, Community Development Divi- sion, explained that Be1co Development Company had paid the debt in full, and asked that the matter be tabled. Council Member Frazier made a motion, seconded by Council Member Estrada, that the matter of declaration of default status for Belco Development Company be tabled. The Council Frazier, Abstain: motion carried by the following vote: Members Estrada, Reilly, Hernandez, Strickler. Noes: None. Absent: Council Member Quiel. Ayes: Marks, None. WESTS IDE COMMUNITY DEVELOPMENT CORPORATION - COMMUNITY DEVELOPMENT BLOCK GRANT LOAN - DEFAULT PROCEEDINGS In a memorandum dated January 15, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, gave the background of the emergency loan request by Westside Com- munity Development Corporation. It was agreed that the Wests ide Community Development Corporation be declared in default and Agency Counsel was directed to take all appro- priate legal actions to secure repayment and to protect the City's interest. (R-15) The Council discussed procedures followed by staff in handling default situations on loans. Sr. Assistant City Attorney Briggs answered ques- tions, stating that it was his understanding that the Redevelopment Agency staff does not institute action ex- cept to notify the parties involved that they are appar- ently in default, and the matter will be called to the attention of the Community Development Commission. Ken Henderson, Manager, Community Development Divi- sion, explained that staff has been following previous Council direction when it appears that a participant in an agreement with the Agency is nearing default. Council Member Frazier made a motion, seconded by Council Member Reilly, to instruct staff and Redevelop- ment Committee to come back with procedures for handling defaults and other infringements of agreements. The motion carried by the following vote: Council Member Estrada, Reilly, Marks, Quiel, Strickler. Noes: Council Member Hernandez. None. Ayes: Frazier, Absent: Sandy Lowder, Manager, Redevelopment Division ex- plained procedures taken when an agreement is in default. 13 1/21/86 Richard Cole, representing the Wests ide Community Development Corporation, stated they would need 30 days to provide necessary information concerning the default action. Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that the matter of default by the Wests ide Community Development Corporation be continued to February 17, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING At 12:25 p.m., Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that the meeting recess until 2:00 p.m. RECONVENE MEETING At 2:09 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quie1, Frazier, Strickler; Sr. Assistant City Attorney Briggs, City Clerk Clark, Deputy City Administrator Schweitzer. Absent: None. PUBLIC HEARING - IMPASSE RESOLUTION - POLICE DEPARTMENT - SAFETY SUPPORT PERSONNEL - MODIFICATION DENIAL - CONTINUED FROM JANUARY 6, 1986 This is the time and place continued to for a public hearing to consider the request for a unit modification for a safety support unit out of the general unit for civilian employees in the Police Department. (28) Previous Council actions included consideration at the meeting of December 16, 1985, when Personnel Director perlick explained that a petition for unit modification for a separate safety support unit in the Police Depart- ment was filed, and a hearing was held. Her determination was that the unit modification should not take place, and it is that decision that is being appealed. A public hearing was set for 2:00 p.m., on January 6, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. At the meeting of the Mayor and Common Council of January 6, 1986, a public hearing was held, and written information and legal documents provided by Director of Personnel Per1ick. Also, testimony was given by inter- ested individuals. The hearing was then continued to today's meeting. Charles Goldwasser, attorney representing the San Bernardino Police Officers' Association, referred to a letter dated January 15, 1986 from the Board of Directors of the San Bernardino Police Officers' Association, that had been delivered to each Council Member. Joseph Kraynak, Crime Analyst, San Bernardino Police Department, spoke in favor of the separation of the civilian police employees from the general employees. He referred to several procedures, such as a polygraph test and background check, that make police positions different from other general employee positions. 14 1/21/86 Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the hearing be closed. Personnel Director Perlick answered questions regard- ing the survey she conducted concerning other cities' bargaining units. She surveyed only cities in the State of California with a population similar in size to San Bernardino, and none of them had a special unit which comprised all non-sworn employees in the police department. The City that came the closest was Fremont, California, which had a general unit for police clerks and a special police non-sworn association for others. The Council discussed the issue at hand, which is whether or not to create a new bargaining unit, not to determine what group would represent it. Deputy City Administrator questions. Schweitzer answered ASSISTANT CITY ATTORNEY SABOURIN REPLACED SR. ASSISTANT CITY ATTORNEY BRIGGS At 2:21 p.m., Assistant City Attorney Sabourin replaced Sr. Assistant City Attorney Briggs. Personnel Director Perlick answered questions regard- ing her memorandum dated January 16, 1986, and attached summary page, which included five summary points. Ms. per1ick explained her decision to deny the proposed unit modification, stating that in some instances there would be split classes in both units, but certain positions that are unique in the Police Department, such as Crime Analyst, I.D. Technician and Police Assistants, would be too small a group to petition for their own unit. Assistant City Attorney Sabourin answered questions. Personnel Director Per1ick answered questions and spoke of a possible negative effect this split would have on the General Unit, as that unit would not be as large or as strong. She stated that a unit should be carved out of an existing unit only if there is a community of inter- est, and it was her opinion that a true community of interest did not exist. Counci 1 Member Marks made a motion, seconded by Council Member Estrada, that the hearing be re-opened. The motion carried by the following vote: Council Members Estrada, Marks, Frazier, Strickler. Council Members Reilly, Hernandez, Quiel. Absent: Ayes: Noes: None. Pat Schoultz, Police Assistant, who started with the Police Department in 1973 as an Intermediate Clerk, re- ferred to the recent classification study which recom- mended that the classification of Intermediate Clerk in the Police Department be upgraded to Police Clerk. Bob Elliott, General Manager of the San Bernardino Public Employees Association, reminded the Council of the election scheduled on Thursday, January 23, 1985, to select a bargaining unit for general employees. Sherrie Moore, Police Assistant, spoke of working conditions that set her job apart, such as erratic work schedule, giving special talks at schools and various other organizations, not knowing self defense or being 15 1/21/86 armed, even though marked Police car. provided. on occasions she is required to drive a She also stated that rain gear is not Council Member Strickler read portions of a letter from the Police Officers' Association, dated January 15, 1986, which included reasons why non-sworn Police Depart- ment positions are unique, a list of other cities that have separate bargaining units, reasons why non-sworn per- sonnel felt they were not adequately represented by AFSCME, and expressing the opinion that the non-sworn Police Department personnel want the Police Officers' Association to represent them. Charles Goldwasser, attorney representing the Police Officers' Association, referred to the uniqueness of the police civilian employees and stated that the only way the safety support people can fully be represented is to be in their own unit. He also expressed concern over the representation by AFSCME. Ann Imperato, representing AFSCME, stated every issue brought to them was cons idered at bargaining table. that the Patrick Chaplin, with the Teamsters Union, stated that even though a new unit would be smaller in size, police related problems could be better handled through a separate bargaining unit. He strongly urged that the City give serious consideration for unit modification. Adam Webb, President of AFSCME Local 122, the Union had addressed all the needs that had them, and urged members to notify the any needs or problems. stated that come before Union of Darrell zoulko, stated that he had very little faith in AFSCME, because in the past items had been submitted and were not even taken to the bargaining table. Council Member Strickler made a motion, seconded by Council Member Marks, to make a decision in favor of the unit modification as requested, and to close the hearing. Deputy City Administrator Schweitzer answered ques- tions and read a list of the positions involved in the proposed unit modification. Sue Ramirez, Intermediate Typist Clerk in the Police Department, stated that the classification of Intermediate Typist Clerk is not appropriate for the job she does, and felt her position should be reclassified. She listed some of her duties which are unique to the Police Department. Personnel Director perlick stated that some Intermed- iate Typist Clerks have been recommended for reclassifica- tion under the new Classification Study. Scotty Clay, automotive serviceman for the Police Department, described his duties and stated that his job is unique in that he has to maintain special police equip- ment in police vehicles which is not used in any other City vehicles. Council Member Marks made a substitute motion, seconded by Council Member Frazier and unanimously car- ried, that the public hearing regarding the Impasse for Unit modification for a Police Safety Support Unit be continued to February 3, 1986, that staff be directed to 16 1/21/86 iU , provide the reclassification study as it pertains to af~ fected positions, and that all interested parties submit further information to the Council. SR. ASSISTANT CITY ATTORNEY BRIGGS RETURNED Sr. Assistant City Attorney Briggs returned to the Council Meeting and replaced Assistant City Attorney Sabourin. DEMOLITION OF STRUCTURES AT 1375 AND 1387 RIALTO AVENUE In a memorandum dated January 16, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, presented background information on the issue of the demolition of structures located at 1375 and 1387 Rialto Avenue. She stated that staff had received a request from Council Member Hernandez to consider possible Community Develop- ment Block Grant assistance in said demolitions. (RS-l) Council Member Quiel made a motion, seconded by Council Member Reilly, that the request to demolish structures located at 1375 and 1387 Rialto Avenue utilizing CDBG funds be denied and the process for demolition as administered by the Building & Safety department be followed. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. The Council discussed whether or not persons requesting financial assistance for demolitions should provide financial statements. Ken Henderson, Manager, Community Development Divi- sion, answered questions regarding the demolition policy, and stated that no appropriation from Community Develop- ment Block Grant Funds for demolition had been made for two years. Counci 1 Member Marks made a motion, seconded by Council Member Quiel, that the demolition issue be refer- red to the Legislative Review Committee for recommenda- tions for enhancement of current policy on demolition. The motion carried by the following vote: Council Members Estrada, Reilly, Marks, Quie1, Strickler. Noes: Council Member Hernandez. None. Ayes: Frazier, Absent: RES. 86-16 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A RECIPROCAL EASEMENT AGREE- MENT AMONG THE CITY OF SAN BERNARD INO, SHANDIN HILLS GOLF CLUB AND BLOCK BROS., RELATIVE TO THE GRANTING OF SPECIFIC EASE- MENT RIGHTS. (RS-2) City Clerk Clark read the title of the resolution. Sr. Assistant City Attorney Briggs answered questions regarding provisions to protect the City against possible liability in case of flooding or mud slides. Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived. 17 1/21/86 r Council Member Quiel made a motion, seconded by Council Member Frazier, that said resolution be adopted. vote: Marks, None. Resolution No. 86-16 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quie1, Frazier, Strickler. Noes: None. Absent: RES. 86-17 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING AND CERTIFYING EN- VIRONMENTAL IMPACT REPORT/ENVIRONMENT IM- PACT STATEMENT FOR THE ENTERPRISE ZONE IS ADEQUATE AND FULLY COMPLIES WITH REQUIRE- MENTS OF THE CALIFORNIA ENVIRONMENTAL QUAL- ITY ACT AND NATIONAL ENVIRONMENTAL POLICY ACT. (RS-3a) City Clerk Clark read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. vote: Marks, None. Resolution No. 86-17 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 86-18 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT ADOPTION OF THE ENTERPRISE ZONE WILL HAVE IMPACT UPON THE ENVIRONMENT FROM GROWTH STANDPOINT, BUT THAT OVERRIDING CONCERNS JUSTIFY PROCEEDING WITH THE PROJECT DESPITE IMPACT OF GROWTH. (RS-3b) The City Clerk read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. vote: Marks, None. Resolution No. 86-18 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: INTERNATIONAL CHRISTIAN GRADUATE UNIVERSITY - MEMORANDUM AND SAN BERNARDINO COUNTY BOARD OF SUPERVISORS ACTION - INFORMATION ITEMS A memorandum dated December 16, 1986 from Thomas R. Laurin, Director, Department of Housing and Community Development, regarding resolutions indicating that the County has no objection to the City of San Bernardino's issuance of up to $30,000,000 bonds for university facili- ties for the Campus Crusade for Christ International Christian Graduate University, and Resolution Nos. 85-596 and 85-597 were presented as informational items. (RS-6) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the informational items be received and filed. VANIR DEVELOPMENT - COURT AND "E" STREETS In a memorandum dated January 21, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, stated that on January 15, 1986, Mayor Wilcox, Council Member Estrada and herself met with Mr. Frank Dominguez regarding 18 1/21/86 the Disposition Agreement for Court and "E" development. Mr. Dominguez was informed Commission's action on January 13, 1986, notification was subsequently delivered to January 16, 1986. Streets of the and the Vanir on Council Member Quiel stated he would abstain from voting on this issue due to a possible conflict of interest. Sr. Assistant questions. City Attorney Briggs answered Sandy Lowder, Manager, Redevelopment Division, referred to provisions in the Third Amendment to the Agreement and explained proposed payments of in lieu of development fees and the schedule for such payment. A reference was made to a letter dated January 17, 1986, from Frank Dominguez, in which he stated that Vanir was in agreement with the proposed twelve month extension of the Disposition Agreement concerning the proposed de- velopment at Court and "E" Streets upon certain terms which were listed in the letter. Sr. Assistant City Attorney Briggs answered questions and recommended a termination clause be included in the proposed agreement. Council Member Hernandez made a motion, seconded by Council Member Estrada, to approve the concept of granting an extension to H. Frank Dominguez, dba Vanir Research Co., for the development of the property at the southeast corner of Court and "E" Streets, and direct Agency Counsel to prepare an amendment to the Disposition and Joint De- velopment Agreement incorporating all of the terms recom- mended in the staff report, with the agreement to be set forth in full and complete detail, and to include a provi- sion requiring Mr. Dominguez to waive any claim or objec- tion to an earlier payment of $25,000 "in lieu" fee pre- viously objected to; to provide for execution and payment of the "in lieu of development fee" by a specific date before expiration of the present agreement; to provide that any interest earned on deposits or payments shall be the Agency's property; to include a provision that the agreement automatically terminates in one year (unless extended by agreement) without any need for notice or requirement for action by any party; to provide that any failure to produce the desired result will not constitute grounds for any extension or for any cause of action; that the duty of performance is upon the Developer and not the Agency; that the concerns expressed earlier by the Execu- tive Director shall also be addressed in any such proposed agreement; the agreement shall be brought back to the Commission for consideration at its February 3, 1986, meeting, with the Committee earlier established being au- thorized to meet with Mr. Dominguez to work out any de- tails for Board consideration. The motion carried by the following vote: Council Members Estrada, Reilly, Hernandez, Frazier. Noes: Council Member Strickler. Council Member Quiel. Absent: None. Ayes: Marks, Abstain: PROPOSED HEARING ON DRUG USE AND SALES In a memorandum dated January 17, 1986, Council Mem- ber Hernandez requested that a public hearing be held on Wednesday, February 5, 1986 to consider the problem of illegal drug sales and use. 19 1/21/86 Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, to consider the new business item of a proposed public hearing on drug abuse in the community. The Mayor and Common Council discussed whether or not a public hearing on the drug abuse situation would help solve the problem. the the Kiko Gomez, a San Mayor and Common Council drug abuse problem. Bernardino resident, asked to look at the economics of Mayor Wilcox listed some of the accomplishments of the Drug Abuse Task Force to date. Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that a hearing on drug abuse be held on February 5, 1986, at 7:00 p.m., at a location to be determined by the Mayor, and that members of the Drug Abuse Task Force, the District Attorney, the Sheriff and state legislators and all other interested parties be invited to attend. WAYS AND MEANS COMMITTEE REPORT - JANUARY 13, 1986 Council Member Marks, Chairman of the Ways and Means Committee, presented a portion of the Ways and Means Com- mittee Report of the meeting of January 13, 1986. The following two items were among those discussed at the meeting: (See page 22 for other items) (14) 1. Cable TV Ordinance, review of proposed sale and transfer of Group W Franchise and opportunity for review and enhancements Item continued. The Committee recommended that the City Administrator, the City Attorney, Mr. Russell Lackner and the Community Television Commission review the ordinance and the City's position and explore the possibility of using a consultant specialist to legally detail opportunities for franchise enhancement. The City Administrator was to report back as soon as possible. 2. ~l!Y Cable TV staffing needs - Item continued. The Cable TV Commission is in need of ongoing staff assistance. The City is in need of telecommunications staff assistance. Money needed for assistance is available in a special franchise revenue account. The City Administrator recommended the addition of a full-time position in his office to maximize the use of available funds. position could service the needs of the TV Commission and the overflow of administrative work in his office, especially in the area of telecommunications. The Committee recommended that a specific proposal be prepared analyzing the pros and cons of using a consultant versus assigning a full-time staff position. The proposal is to be presented to the Committee at its next meeting. Russell Lackner, Chairman of the Cable Television Commission, spoke regarding the Commission's desire for a salaried position to deal with cable television matters, and objected to the City Administrator pulling a letter that he had submitted to the Mayor and Common Council for placement on the Agenda. It was explained to Mr. Lackner that the next Ways and Means Committee meeting would be held on the 27th of January, 1986. 20 1/21/86 Ray Schweitzer, instructed to send Commission's letter to Deputy City Administrator, was copies of the Cable Television each member of the Council. No official action was taken. COUNCIL MEMBERS HERNANDEZ, FRAZIER EXCUSED At 5:35 p.m., Council Members Hernandez, Frazier left the Council Meeting. SOLID WASTE COMMITTEE MEETING REPORT - JANUARY 8, 1986 Council Member Strickler, Chairman of the Committee, presented the Report of the Meeting 8, 1986. The following item was discussed: Solid Waste of January (Il) 1. Establishment of policy re boundaries of operation and procedures to be implemented The Committee recommended that the Disposal Association and Director of Public Services meet to establish a list of accounts being served as of January 15, 1986, by private firms in violation of the Municipal Code. A compromise will be reached on those accounts to be continued. This action is to be completed by March 1, 1986. The City Attorney was directed to (1) Amend the present Code to allow those accounts agreed upon to continue as set by precedence; and (2) to present a proposed ordinance authorizing the Public Services Director to sub-contract private haulers under emergency or specific necessary circumstances. Boundary policies were held in abeyance pending annexation results. Council Member Marks made a motion, seconded by Council Member Quie1 and unanimously carried, that the minutes of the Solid Waste Committee meeting held January 8, 1986, be received and filed; and that the Committee recommended actions be approved and appropriate depart- ments implement these actions as necessary and as soon as possible. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. PERSONNEL COMMITTEE MEETING - JANUARY 8, 1986 Council Member Reilly, Chairman of the Personnel Committee, presented the Personnel Committee Report of the meeting held on January 8, 1986. The following items were discussed: (12) 1. Employee's portion of PERS payment for management personnel - Item continued for further evaluation. 2. Proposed career ladder City Attorney's Office - Item continued for further evaluation. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the Council Personnel Committee meeting held on January 8, 1986 be received and filed. LEGISLATIVE REVIEW COMMITTEE - JANUARY 9, 1986 The report of the Legislative Review Committee meet- ing held on January 9, 1986 was presented. The following items were discussed: (13) 1. ~~YE.r Task Force on Drugs - Jerri Simpson - Item continued to next meeting. 21 1/21/86 2. ~eport relative to waiver of density bonus ~ Sale of sewer capacity rights - The Committee recommended the density bonus condition on sewer capacity rights be added to the resolution, with staff to coordinate. 3. Ordinance amending MC Chapter 8.36 to change the title of Chief Engineer to Fire Chief - The Committee recommended approval of the change. 4. Methods for granting recognition to commission members - Staff was directed to review certificate used bY-County and propose something similar. Additionally, staff is to propose a program to include recognition and hosting of commissioners at a luncheon on one Monday per month on Council meeting day. 5. Discussion - amending refunds section of City's Utility Users Tax Ordinance - Item was continued to allow Finance Director Knudson and Mr. Jim King, Division Mana- ger of Southern California Gas Company, to coordinate information. Council Member Marks made a motion, seconded by Council Member Quie1 and unanimously carried, that the minutes of the Legislative Review Committee meeting held on January 9, 1986, be received and filed; and that Com- mittee recommended actions be approved and appropriate departments implement these actions as necessary and as soon as possible. WAYS AND MEANS COMMITTEE REPORT - JANUARY 13, 1986 Council Member Marks, Chairman of the Ways and Means Committee, presented the remainder of the report of the Ways and Means Committee meeting held on January 13, 1986. The following items were discussed: (14) 3. Super Run II (One Mile Run) The national championship is to be held in Lake Tahoe; state championship in Lake Arrowhead. San Bernardino is the proposed site for the County championship and Mayor's Fun Walk. The Committee recommended that the project be pursued at a funding level not to exceed $5,000. Full Council is to decide whether or not to participate and where to charge local funds. possible funding sources are to include EDC. 4. Executive Session - The Committee recessed into Executive--Session to discuss matters of litigation relating to the Hampshire Flood lawsuit. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the minutes of the Ways and Means Committee meeting held on January 13, 1986 be received and filed; and that the Com- mittee recommended actions be approved and appropriate departments implement these actions as necessary and as soon as possible. LIBRARY AD HOC COMMITTEE REPORT - JANUARY 14, 1986 Council Member Marks, Chairman of the Library Ad Hoc Committee, presented the report of the Library Ad Hoc Committee meeting held on January 14, 1986. The following items were discussed: (15) 1. Status of Accounts - The Committee received a financial report from the Director of Finance. The Committee recommended that the available balance in this fund be applied to the debt service payment for 1985-86. 22 1/21/86 2. Alcohol consumption at Central Library - The City Librarianrequested- authorIty teapproverequests from community organizations to consume alcohol at various functions. The Committee recommended that a review of the rules for alcohol consumption in public meeting spaces, as well as liability to the City, was needed prior to a decision. A report is to be presented to the full Council the first meeting in February after review by staff. 3. Operation of Art Galler ies The Commi ttee recommended that funds presently allocated be used as necessary and any additional funds be requested from the Arts Commission. 4. Committee Dissolution The Committee recommended ttiat-tFiTs--r:Tbrary-Ad Hoc Committee be dissolved, having served the purpose of monitoring the Fe1dheym Central Library construction project within budget. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the report of the Library Ad Hoc Committee meeting held Jan- uary 14, 1986, be received and filed; and that Committee recommended actions be approved and appropriate depart- ments implement these actions as necessary and as soon as possible. TRANSPORTATION COMMITTEE REPORT - JANUARY 16, 1986 Council Member Marks, Chairman of the Transportation Committee, gave the report of the Transportation Committee Meeting held on January 16, 1986. The following item was discussed: (16) 1. Downtown parking structure/Transit terminal com- plex - Item continued. Briefings by Wes McDaniel, Robert Chafin and Frank Schuma were presented and discussion en- sued. It was determined that additional meetings and further study are necessary to be able to make any recom- mendations to the full Council. The Executive Director of the Redevelopment Agency was asked to be prepared to offer some property options at the next Committee meeting. Council Member Quie1 made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the Transportation Commi ttee meeting held January 16,1986, be received and filed; and that Committee recommended actions be approved and appropriate departments implement these actions as necessary and as soon as possible. SEVENTH WARD PARK EXTENSION FUNDS - DEL ROSA LITTLE LEAGUE FIELD - CONSTRUCTION OF 12 FOOT FENCE - PURCHASE OF RESTROOM EXHAUST FANS In a memorandum dated December 30, 1985, Annie Ramos, Director, Parks, Recreation & Community Services, ex- plained the need for the construction of a 12' x 90' fence and the purchase of an exhaust fan for Del Rosa Little League Field. (17) Counci 1 Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the expenditure of $2,855 from the Seventh Ward Park Extension Fund be approved for the construction of a 12' x 90' fence and the purchase of restroom exhaust fans for Del Rosa Little League Field. 23 1/21/86 FOURTH WARD PARK EXTENSION FUNDS ~ WILDWOOD LITTLE LEAGUE - PURCHASE OF PITCHING MACHINE ~ PORTABLE BATTING CUBICLE In a memorandum dated January Director, Parks, Recreation and explained the need for the purchase and portable batting cubicle for Little League. 8, 1986, Annie Ramos, Community Services, of a pitching machine use by the Wildwood (18) Council Member Quie1 made a motion, seconded by Council Member Marks and unanimously carried, that the expenditure of $1,568 from the Fourth Ward Park Extension funds be approved for the purchase of a pitching machine and batting cubicle for use by Wildwood Little League. SIXTH WARD PARK EXTENSION FUNDS - RAY GUTIERREZ LITTLE LEAGUE FIELD - FABRICATION OF NEW SIGN In a memorandum dated December 30, 1985, Annie Ramos, Director of Parks, Recreation and Community Services, explained the need for the fabrication and mounting of a new 3' x 10' sign for the Ray Gutierrez Little League Field. (19) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the expenditure of $515 from the Sixth Ward Park Extension Fund be approved for the fabrication of a new sign for Ray Gutierrez Little League Field. USE OF CITY PARKS BY NON-PROFIT ORGANIZATIONS - ADOPTION OF POLICY GUIDELINES In a memorandum dated December 27, 1985, Annie Ramos, Director of Parks, Recreation & Community Services, pre- sented the proposed guidelines which were adopted by the Parks and Recreation Commission at its meeting of November 21, 1985. Also attached to the memorandum was a summary of findings. (20) Annie Ramos, Director of Parks, Recreation & Community Services, answered questions regarding the recommendations to charge organizations who use the parks on holidays. They have recommended a $100 park fee for the purpose of trying to limit exclusive uses on holidays to allow more family uses. After discussion, Council Member Marks made a motion, seconded by Council Member Quie1 and unanimously carried, that the policy Guidelines established by the Parks, Recreation & Community Services Department relative to the use of City parks by non-profit organizations for fund raising activities be adopted, with the exception of the $100 per day fee, and that the $100 per day fee be continued to the meeting of February 3, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. SCHOOL CROSSING GUARD - CONGRESS AND "K" STREETS - AUTHORIZE PLACEMENT AND FUNDING In a memorandum dated December 20, 1985, Police Chief Benjamin Gonzales presented a letter dated December 16, 1985 from Peter Liu, Traffic Engineer. Mr. Liu stated that the Mayor's Traffic Safety Committee had recommended the establishment of an adult crossing guard at the corner of Congress and "K" Streets. (21) Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that the placement and funding of a School Crossing Guard at the 24 1/21/86 intersection of Congress and "K" Street, at an annual cost of $3,775, be approved and that Resolution No. 6433 be amended accordingly. STREET IMPROVEMENTS - MAJOR ARTERIES - AUTHORIZATION TO ADVERTISE FOR BIDS In a memorandum dated January 9, 1986, Manuel P. Moreno, Jr. Director of Public Services, stated that prior Council approval had been given for the reconstruction of certain City streets. To prevent delays in completing the work, a request is being made that the purchasing Agent be authorized to advertise for bids at the earliest possible time. (22) Council Member Quie1 made a motion, seconded by Council Member Reilly and unanimously carried, that the purchasing Agent be authorized to advertise for bids for scarifying, planning and rejuvenating: "E" Street, from Mill to Second Street Sierra Way, from Third Street to Sixth Street Fifth Street, from Sierra Way to Arrowhead Avenue Waterman Avenue, from Highland Avenue to 29th Street Highland Avenue, from Harrison to Del Rosa Avenue Arrowhead Avenue, from Third Street to Sixth Street Bunkerhil1, from Mill street to Hillcrest Giovanola, from Rialto Avenue to Belleview Cluster, Sierra Way to Arrowhead Avenue. WIDENING BOBBITT DRIVE - FROM 9TH STREET TO OLIVE STREET - AUTHORIZE EXPENDITURE OF FUNDS In a memorandum dated December 30, 1985, Roger Hard- grave, Director of Public Works/City Engineer, explained why the widening of Bobbitt Drive from 9th Street to Olive Street is recommended. (23) Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the expenditure of $16,500 from unappropriated Funds - Ward Two, Account No. 242-362-57002, for widening Bobbitt Drive, between 9th Street and Olive Street, be approved. TRAFFIC ENGINEERING APPROVAL - RADAR SPEED SURVEY UPDATE - THIRTEEN CITY STREETS In a memorandum dated January 2, 1986, Roger Hard- grave, Director of Public Works/City Engineer, stated that as required by State law to prohibit speed traps, the Engineering Division has completed the updating of Traffic Engineering Radar Speed Surveys for thirteen streets in the City. The study was reviewed by the Mayor's Traffic Safety Committee and subsequently recommended approval by the Mayor and Common Counc i 1. (24) Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the updated radar speed surveys of 13 streets, conducted by the Engineering Division of the Public Works Department, be approved and that the City Attorney be instructed to prepare the necessary ordinance amendments. AUTHORIZE TRANSFER OF FUNDS - INSTALLATION OF CURB & GUTTER, SIDEWALK AND FILL-IN STREET PAVING - WEST SIDE OF DEL ROSA FROM EUREKA TO 39TH STREET In a memorandum dated January 9, 1986, Roger Hard- grave, Director of Public Works/City Engineer, gave the background of the proposed improvements on the west side of Del Rosa from Eureka Street to 39th Street. (25) 25 1/21/86 1- Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the transfer of $91,300, from Account No. 242-362-57361, "Widening of Highland Avenue, east of Boulder", for the installation of street improvements on Del Rosa Avenue, west side, from Eureka Street to 39th Street, be approved. PROPOSED ANNEXATION - NORTH OF HIGHLAND AVENUE BETWEEN WATERMAN AVENUE AND BOULDER AVENUE - REPORT FROM CITY STAFF AND CITY ADMINISTRATOR REGARDING NOTIFICATION This is the time and place set to receive a report dated January 14, 1986, from Raymond D. Schweitzer, Deputy City Administrator, regarding annexation notification for the proposed annexation of the area north of Highland Avenue, between Waterman Avenue and Boulder Avenue. (26) It was the consensus of the staff and the recommenda- tion of Mr. Schweitzer, that it is not advisable for the City to deviate from the process set out in the newly enacted State law. Further, it was recommended that to avoid all challenges of impropriety, the City should strictly adhere to the law. Other municipalities could be watching the San Bernardino experience and there should not be any dangerous precedents set in the first time use of the Cortese-Knox Reorganization Act. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to support staff's position on notification in the proposed annexation of property located north of Highland Avenue between Waterman Avenue and Boulder Avenue. PREVAILING WAGES - REPORT FROM STAFF - NAMES OF CONSULTANTS TO ANALYZE ISSUE OF REQUIRING PAYMENT OF PREVAILING WAGE - CONTINUED FROM JANUARY 13, 1986 This is the time and place continued to for consideration of a staff report concerning the payment of prevailing wages. (27) The Mayor and Common Council discussed the issue of payment of prevailing wages and previous Council action taken at the meeting of the Mayor and Common Council held on January 13, 1986. At that time a public hearing was held and testimony given. The following motion was made, seconded and unanimously carried at that time: "To continue the matter of the prevailing wages to Tuesday, January 21, 1986, that staff, which includes the City Administra- tor and the Executive Director of the Re- development Agency, be instructed to submit the list of some consultants which have never done business with the City who could prepare an economic analysis of the bene- fits and detriments of paying prevailing wages, and that information on the recom- mended time frame and costs for the study be reported to the Council. In the mean- time, the Executive Director of the Rede- velopment Agency and the City Administrator are to do additional studies of this issue on their own." Previous action taken at today's meeting was to con- tinue the matter of the payment of prevailing wages to February 17, 1986, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia, and to notify as many interested people as possi- ble of this action. (See page 1). 26 1/21/86 READING AND WAIVING OF ALL RESOLUTIONS ON THE AGENDA The City Clerk read the titles of all the resolutions on the Council Agenda. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of all the resolutions on the agenda be waived. RES. 86-19 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE POLICE DEPARTMENT. (29) Council Member Quie1 made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-19 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel. Noes: None. Absent: Council Members Hernandez, Frazier, Strickler. RES. 86-20 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE RESURFACING OF BASELINE STREET, FROM STERLING AVENUE TO VICTORIA AVENUE. (31) Counci 1 Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-20 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel. Noes: None. Absent: Council Members Hernandez, Frazier, Strickler. RES. 86-21 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE RESURFACING OF FOOTHILL DRIVE, FROM STERLING AVENUE TO ARDEN AVENUE. (32) Counci 1 Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-21 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel. Noes: None. Absent: Council Members Hernandez, Frazier, Strickler. RES. 86-22 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE RESURFACING OF PALM AVENUE, FROM HIGHLAND AVENUE TO CITRUS STREET. (33) Council Member Quie1 made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-22 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel. Noes: None. Absent: Council Members Hernandez, Frazier, Strickler. 27 1/21/86 RES. 86~23 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE RESURFACING OF DEL ROSA AVENUE, FROM EUREKA STREET TO THIRTY-NINTH STREET. (34) Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-23 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel. Noes: None. Absent: Council Members Hernandez, Frazier, Strickler. RES. 86-24 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO DE ANZA CHEV- ROLET FOR THE FURNISHING AND DELIVERY OF ONE NEW SUBURBAN WAGON IN ACCORDANCE WITH BID SPECIFICATION F-85-43. (35) Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-24 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel. Noes: None. Absent: Council Members Hernandez, Frazier, Strickler. RES. 86-25 - RESOLUTION OF THE CITY OF SAN BERNARD I NO AWARD I NG A BID TO BELL ROOF COMPANY FOR THE RE-ROOFING OF DELMANN HEIGHTS RECREATION CENTER AT 2968 FLORES STREET IN ACCORDANCE WITH BID SPECIFICATION F-85-41. (36) Counci 1 Member Quie1 made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-25 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel. Noes: None. Absent: Council Members Hernandez, Frazier, Strickler. RES. 86-26 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO PACIFIC EQUIP- MENT AND IRRIGATION FOR THE FURNISHING AND DELIVERY OF ONE TOW BEHIND TURF RAKE TO BE UTILIZED BY THE PARKS, RECREATION & COM- MUNITY SERVICES DEPARTMENT IN ACCORDANCE WITH SPECIFICATION NO. F-85-45. (37) Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 86-26 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel. Noes: None. Absent: Council Members Hernandez, Frazier, Strickler. RES. 86-27 - RESOLUTION OF THE CITY OF SAN BERNARDINO SUPPORTING THE CALIFORNIA IDEN- TIFICATION SYSTEM - REMOTE ACCESS NETWORK AND AGREEING TO ENTER INTO A USER AGREEMENT WITH THE DEPARTMENT OF JUSTICE THEREFOR. (30) Council Member Reilly made a motion, seconded by Council Member Marks, that said resolution be adopted. 28 1/21/86 Resolution No. 86~27 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel. Noes: None. Absent: Council Members Hernandez, Frazier, Strickler. READING AND WAIVING OF ALL ORDINANCES ON THE AGENDA The City Clerk read the titles of all the ordinances on the Agenda. Counci 1 Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that first and final readings of all the ordinances on the Agenda be waived. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCOR- PORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETI- TION NO. 85-20, AN IRREGULARLY SHAPED PAR- CEL OF LAND CONSISTING OF APPROXIMATELY 76 ACRES HAVING A FRONTAGE OF APPROXIMATELY 3,655 FEET ON THE NORTHEASTERLY SIDE OF FRONTAGE ROAD AND BEING LOCATED APPROXI- MATELY 2,670 FEET NORTHWESTERLY OF THE CENTERLINE OF LITTLE LEAGUE DRIVE), AND ADOPTING THE NEGATIVE DECLARATION FOR EN- VIRONMENTAL REVIEW. (39) Counci 1 Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCOR- PORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETI- TION NO. 85-21, GENERALLY LOCATED ON THE NORTH SIDE OF MILL STREET APPROXIMATELY 120 FEET EAST OF "G" STREET), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (40) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCOR- PORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETI- TION NO. 85-22), A RECTANGULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY .22 ACRES LOCATED AT THE NORTHWEST CORNER OF 7TH STREET AND PERSHING AVENUE), AND ADOPTING THE NEGATIVE DECLARATION FOR EN- VIRONMENTAL REVIEW. (41) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final passage. 29 1/21/86 ORD. MC~490 ~ ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNI- CIPAL CODE (PETITION NO. 85~19, A RECTANGU- LARLY-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. (42) Council Member Marks made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-490 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel. Noes: None. Absent: Council Members Hernandez, Frazier, Strickler. ORD. MC-491 - ORDINANCE OF THE CITY OF SAN FINAL 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 SUP- PLIERS AND TO MAIL REQUEST FOR BIDS TO ENTITIES WHOSE NAMES ARE CONTAINED THEREON. (43) Council Member Marks made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-491 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quie1. Noes: None. Absent: Council Members Hernandez, Frazier, Strickler. ORD. MC-492 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO ADDING SECTION 14.08.075 TO THE SAN BERNARDINO MUNICIPAL CODE TO MAKE THE FAILURE TO REMOVE AN UNAUTHORIZED CONNEC- TION OR ATTACHMENT TO A DULY LICENSE CABLE TELEVISION SYSTEM AFTER WRITTEN NOTICE AN INFRACTION. (44) Council Member Marks made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-492 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel. Noes: None. Absent: Council Members Hernandez, Frazier, Strickler. GENERAL REPORTS AND CORRESPONDENCE Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the following items be filed: (45) a. Civil Service Eligibility Lists for: Library Page Junior Librarian Youth Services Aide I Recreation Leader (Youth Sports Official) Fire Engineer Electrician I Community Center Manager I 30 1/21/86 b. City Treasurer's Investment Portfolio ~ November 30, 1985 c. The following Board of Building Commissioners' Resolutions: BBC 1052 BBC 1053 BBC 1054 BBC 1055 BBC 1056 BBC 1057 BBC 1058 BBC 1059 BBC 1061 BBC 1062 BBC 1063 2375 W. Highland Avenue 966 N. Acacia 969 N. "F" Street 1063 W. Spruce Street 1067 W. Spruce Street 965 North "F" Street 1387 W. Rialto Avenue 140 N. "J" St. (rear) 665 North "L" Street 781 E. Santa Fe Street 996 South Foisy d. Five alcoholic beverage applications for the following new and transferred licenses: NEW Diana C. & Jay J. Gazzo10 dba Otto's Restaurant Edwin J. & Virginia M. Adamczyk dba Clark's Market TRANSFERRED H. J. Holding Company, dba Howard Johnson Restaurant 128-132 E. Highland Avenue On Sale Beer & Wine 2446 Miramonte Dri ve Off Sale General 256 Central City Mall On Sale General 2566 E. Highland Avenue On Sale Beer & Wine Henmar, I nc. Stephen L. Botz Bradley J. Snyder, Maridee Botz, dba Mr. Steak Laura Alari dba Lil's 1353 North "E" Street On Sale General SUPER RUN II - REQUEST FOR AUTHORIZATION TO CO-SPONSOR In a memorandum dated January 10, 1986, Gregory Garcia, Project Coordinator, Mayor's Office, explained the background of the request that the City co-sponsor with the YMCA the Super Run II - America's Race on a date to be determined later. (S-l) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the City of San Bernardino co-host with the YMCA Super Run II - America's Race on a date to be determined in the City of San Bernardino, in an amount not to exceed $5,000, and that the City Attorney be directed to put together the appropriate agreement for approval at the next meeting of the Mayor and Cornman Council. The Mayor and Common Council discussed the source of funds for the Super Run II. 31 1/21/86 Counci 1 Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the funding request be referred to the Economic Development Council and that they respond to the Mayor and Common Council with their answer on whether or not they will grant funding. Greg Garcia, Project Coordinator, Mayor's Office, explained to the Mayor and Common Council that he would need an agreement prepared as soon as possible or he would not be able to obtain the funds from the Finance Department. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to direct the City Attorney to put together an agreement for the City co-sponsorship of the Super Run II and that the Mayor be authorized to sign the agreement upon the approval and review of the City Attorney. LIBRARY CONSTRUCTION FUNDS - AUTHORIZATION TO APPLY REMAINING FUNDS TOWARD LIBRARY DEBT SERVICE In a memorandum dated January 16, 1986, Warren Knud- son, Director of Finance, explained that a report from the Director of Public Works/City Engineer dated January 14, 1986, stated that funds in the amount of $287,655 were available in the Library Construction project Fund. (S-2) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that any funds remaining in the Library Construction Fund be applied toward the Library debt service. MID-YEAR BUDGET REVIEW The Mayor and Common Council discussed the need to hold a mid-year budget review and the fact that no appropriation reports have been prepared or sent out by the Finance Department. Ray Schweitzer, Deputy City Administrator, stated that he would make sure that appropriation reports are sent out by the end of the month. OMNITRANS TAC Council Member Marks, Chairman of the City Transportation Committee, spoke regarding an item on the TAC Committee agenda regarding the reduction of Dia1-a-Ride and Dia1-a-Lift services in the City of San Bernardino. Counci 1 Member Marks made a motion, seconded by Council Member Quie1 and unanimously carried, that the Mayor and Common Council go on record opposing any reduc- tion in Dia1-a-Ride or Dia1-a-Lift services in San Bernar- dino, and that the City's TAC representatives, Mayor wilcox and Deputy City Administrator Schweitzer, do what- ever is necessary to see that this policy is accomplished. COMMUNITY ORIENTED POLICE CENTERS At the Meeting of the Mayor and Common Council held on December 2, 1985, the Police Commission was asked to make an audit of the Police Sub-stations (Community Police Centers) to determine their impact and effectiveness. The Council discussed an article in the newspaper where it appeared that the Police Commission was now evaluating the concept of decentralized command control strategy. 32 1/21/86 Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, to clarify that the direction to the Commission is to evaluate the cost effectiveness of the community oriented police centers. (Store front) KU KLUX KLAN - CITY POLICY In an undated memorandum to Mayor Wilcox, Paul Bonanno, Acting Chief of police, stated that according to all information available to the Police Department, there is no "formal California" headquarters of the Ku Klux Klan in the City of San Bernardino. It was further stated that San Bernardino will not tolerate any activity which would disrupt the racial or religious harmony in the City. Council Member Marks made a motion seconded by Council Member Estrada and unanimously carried, to adopt the pOlicy that the Mayor and Common Council of the City of San Bernardino will not tolerate any activity which would disrupt the racial or religious harmony that the City enjoys. ADJOURNMENT At 6:30 p.m., Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that the meeting be adjourned. ,.tIfk'((/l:1/ ,a/.l? / City Clerk 33 1/21/86