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HomeMy WebLinkAbout02-03-1986 Minutes City of San Bernardino, California February 3, 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: 08 a.m., on Monday, February 3, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Assistant Pastor Richard Zoglmann, Victory Temple Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Frazier. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Frazier, Strickler; City Attorney Prince, City Clerk Clark, Deputy City Administrator Schweitzer. Absent: Council Members Marks and Quiel. PROCLAMATION - NATIONAL ENGINEERS' WEEK - FEBRUARY 16 - 22, 1986 Richard Bennecke, Administrative Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino, proclaiming the week of February 16 - 22, 1986, as National Engineers' Week. Roger Hardgrave, Director of Public Works/City Engineer, was present to accept the proclamation. COMMENDATION - HARDY AND CHERYL BROWN - 14TH ANNIVERSARY OF THE BLACK VOICE NEWS Richard Bennecke, Administrative Assistant to the Mayor, read a resolution of the Mayor and Common Council commending Hardy and Cheryl Brown, active citizens of San Bernardino, upon their 14th anniversary as publishers of "The Black Voice News". Mayor Wilcox accepted the resolution on behalf of Hardy and Cheryl Brown. Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. APPROVE MINUTES - JANUARY 9, 1986 Council Member Hernandez made a motion, seconded by Council Member Strickler 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 9th day of January, 1986, as submitted in typewritten form. (Later reconsidered - See Page 25). (1) CLAIMS AND PAYROLL Council Member Hernandez Council Member Strickler and approve demands against the issuance of warrants as follows: made a motion, seconded by unanimously carried, to City and authorize the (4) 1. Approve the register of demands dated: January 13, 1986 January 21, 1986 85/86 85/86 #24 #25 $1,582,183.91 663,711.34 2. Approve the total gross payroll for the period December 23, 1985, through January 5, 1986, in the amount of $1,173,760.39. PERSONNEL ACTIONS Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that the personnel actions submitted by the Director of Personnel in accordance with all administrative regulations of the City of San Bernardino be approved and ratified. (5) APPOINTMENTS Police Frank A. Alvarez - Police Officer - Effective February 4, 1986 Public Services/Refuse William A. McClain - Refuse Operator I - Effective February 4, 1986 Parks, Recreation & Community Services Paul C. Tonel1o - Heavy Laborer - Effective February 4, 1986 Planning Sandra Paulsen - Associate Planner - Effective February 10, 1986 TEMPORARY APPOINTMENTS Police Crossing Guard - Effective Chantay M. Butler Frank P. Martinez Eulalia A. Rosiles February 4, 1986 - Sharon Kay Clark Michelle Postema Kathleen Rubio Parks, Recreation & Community Services Senior Recreation Leader - Melba E. Crawford Richard Chapman Virginia Jones Alex Truj i 110 Effective February 4, 1986 Janet Chaney Anna Duarte Ann Kassel Senior Service Aide - Effective February 4, 1986 - Valentina Garcia Alice Tellez Susan Lewis - Youth Service Aide II - Effective February 4, 1986 Recreation Leader - Daniel A. Marquez Conder T. Seasnoltz Rickey Cordova Janice Parker Effective February 4, 1986 - Mary E. Samson Karen M. Zerger Andrew Kruk Recreation Specialist - Effective February 4, 1986 - Mattia Ragan Omilou Miles City Clerk Janet M. Jackson - Business License Inspector - Effective February 4, 1986 Public Services/Street James W. Walker - Extra Relief Heavy Laborer - Effective February 4, 1986 2 2/3/86 REHIRE APPOINTMENTS Police Susan L. Palmore - Intermediate Typist Clerk - Effective February 4, 1986 PROMOTIONS Public Services/Refuse Daniel F. Adame - Refuse Operator II to Refuse Operator III - Effective February 4, 1986 Louis N. Duarte - Refuse Operator I to Refuse Operator II - Effective February 4, 1986 Curtis D. Lee - Refuse Operator I to Refuse Operator II - Effective February 4, 1986 TEMPORARY PROMOTION Parks, Recreation & Community Services Mary E. Samson - Recreation Aide to Recreation Leader - Effective February 4, 1986 ACTING HIGHER CLASSIFICATION Police Paul Bashaw - Captain - Effective February 2, 1986 COMMUNITY CABLE TELEVISION COMMISSION - CATV CONSULTANT/COORDINATOR In a memorandum dated January 13, 1986, Deputy City Administrator Schweitzer provided a report of the January 27, 1986, meeting of the Cable TV Commission and stated the recommendation of the Community Cable Television Com- mission to hire a consultant/coordinator based upon the collection of information on available qualified person- nel, and a proposal from The Cable Television Information Center Associates (CTIC) outlining tasks to be performed to compile data for the City at a cost of $24,430. (6) Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that the matter concerning the hiring of a consultant/coordinator for cable television be continued to later in the meeting, at 2:00 p.m. (See Page 9) COUNCIL MEMBERS MARKS AND QUIEL ARRIVED At 9:15 a.m., Council Members Marks and Quiel arrived at the Council Meeting and took their places at the Council Table. MILL CENTER RECREATION FACILITY - ARBITRATION SETTLEMENT - BONADIMAN & ASSOCIATES In a memorandum dated January 24, 1986, City Attorney Prince stated his office had received a letter dated January 10,1986, from Attorney Brian Simpson, repre- senting Bonadiman & Associates, offering a settlement of $2,000, concerning construction costs of the Mill Center Recreation Facility to the City, stating it appears difficult to assess responsibility because of the number of parties involved. (7) Attorney Brian Simpson, representing Bonadiman & Associates, spoke regarding the amount of time that arbitration and litigation of this case would entail. Council Member Strickler stated he would this matter, as Attorney Brian Simpson was manager. abstain from his campaign 3 2/3/86 Counci 1 Member Quiel made a motion, seconded by Council Member Estrada, that the offer of Bonadiman & Associates of $2,000 as full settlement in the matter of the Mill Center Recreation Facility, be accepted. The motion carried by the Council Members Estrada, Reilly, Noes: Council Member Hernandez. Council Member Strickler. following vote: Ayes: Marks, Quiel, Frazier. Absent: None. Abstain: COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. APPROVE MINUTES - JANUARY 13, 1986 Council Member Quie1 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 13th day of January, 1986. (2) Council Members Frazier and Strickler abstained from this item as they were not present for the entire meeting. APPROVE MINUTES - JANUARY 21, 1986 Counc i 1 Member Qu i e 1 made a mo t i on, 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 21st day of January, 1986. (3) Council Members Frazier and Strickler abstained from this item as they were not present for the entire meeting. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. LEGISLATIVE REVIEW COMMITTEE MEETING REPORT - JANUARY 23, 1986 Council Member Strickler, Chairman of the Legislative Review Committee, presented the report of the Legislative Review Committee Meeting held on January 23, 1986. The following items were discussed: (8) 1. Mayo~_~~~~k Forc~~E.ugs - Item continued. Drafts of Business Permit Regulations and Business License Application procedures were reviewed. The Committee felt the concept was good and recommended that this item be continued, coordinated and returned in final draft. 2. Ordinance Relating to Automatic Fire Extin- guishing Sprinkler Systems - and 3. Ordinance Relating to Automatic Fire Extin- guishing Sprinkler Systems and Fire Alarms - Items con- tinued. Both recommended ordinances are to be fully coordinated with the Building Industry Association (BIA) and developers prior to returning to the Committee on February 20th. 4. Expansion of Municipal Code - "You pick Em" or "pick Your Own Bingo" The Committee recommended no action be taken and that bingo operators be notified that "You pick Em" or any similar bingo game is not permitted under the state law or under Chapter 5.36 of the San Bernardino Municipal Code. 5. Methods for Granting Recognition to Mayor's Committees and Commission Members The Committee recommended-aparchmenttype certlTIcate approximately 8" x 11 1/2" in a frame or suitable folder, be presented to 4 2/3/86 the members at their swearing in. The Seal of the City will be pressed in the parchment. They will be invited for lunch with the Mayor and Common Council beginning the second Council meeting in March. The order of invitation will be drawn by lot. The Assistants to the Mayor and Common Council will make the necessary arrangements and contacts to begin the program. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the concept of recognition of Commission Members by presenting them with certificates and taking them to lunch with the Mayor and Common Council, be approved. 6 . Building reviewing R-3 Multi-Family Ordinance - Item Industrie-s-"AssoCIation (BIA) is the ord inance. continued. presently 7. Southwest Corridor Rail Service - The Committee recommended that we participate in meeting of representatives from Bakersfield to San Diego to consider and discuss the need for expansion of intercity rail service in Southern California and select a regional committee. The meeting should last approximately one and one-half hours with approximately fifty people in attendance. Mr. Byron Nordberg and Mr. Phil Arvizo will coordinate time and place by February 6. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the recommendation of the Legislative Review Committee that the City participate in a meeting of representatives from Bakersfield to San Diego to consider and discuss the need for expansion of intercity rail service in Southern California, be approved, and that Council Member Estrada be appointed as the City's representative. 8. Discussion - Board of Building Commissioners - The Committee recommended an expanded role for Commission members. Instead of just ruling on demolition, they would review appeals, listen to complaints and evaluate/review the code for recommendation to the Common Council. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the recommendation of the Legislative Review Committee that the Board of Building Commissioners be given an expanded role to include the review of complaints and evaluation of the Municipal Code for recommendations on amendments, be approved, and that the City Attorney be directed to prepare an amendment to the ordinance regulating the functions of the Building Commissioners. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the report of the Legislative Review Committee Meeting held on January 23, 1986, be received and filed. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned Meeting and took her place at the Council to the Table. Council TRANSPORTATION COMMITTEE MEETING REPORT - JANUARY 27, 1986 Council Member Marks, Chairman of the Transportation Committee, presented the report of the Transportation 5 2/3/86 Committee Meeting held on January 27, 1986. items were discussed: The following (9 ) 1. Downtown Parking Structure/Transi t Terminal Complex - The Redevelopment Agency presented location alternatives. The Committee will visit the Riverside, Long Beach and Santa Ana Terminals to get a better feel for location, design and operation. The trip is tentatively scheduled for February 11, 8:00 a.m. and will be coordinated by Phil Arvizo, Wes McDaniel and Omnitrans. RDA was tasked to put together a financing plan similar to the sewer rights plan. Additionally the City Administrator in consort with the City Attorney, Public Buildings Department and Parking Place Commission will look at what parking boundaries ought to be and the legality of changing the boundaries and/or modifying fees. 2. Enhancement of Fixed Routes After 5:30 p.m. - Item continued. 3. Dial-A-Ride/Dial-A-Li ft Services Mr. Ray Schweitzer presented a proposal to the Committee that will allow services to continue under the Dial-A-Lift name. The Committee strongly recommended no diminishing services or hours in the City of San Bernardino. Before any change takes place, a plan should be developed in consort with the City Council to spell out Omnitrans subsidy and full marketing program. The City Administrator will place this item on the agenda for the February 3rd Council Meeting. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the Mayor and Common Council go directly to the Omnitrans staff to request a survey of the ridership in the State College and Southeast Industrial Parks to determine how many workers ride the bus to and from work, and that the Mayor, as the City's representative to Omnitrans, report to the Transportation Committee as to when Omnitrans can complete the study. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the report of the Transportation Committee of the meeting held on January 27, 1986, be received and filed. WAYS AND MEANS COMMITTEE MEETING REPORT - JANUARY 27, 1986 Council Member Marks, Chairman of the Ways and Means Committee, presented a portion of the Ways and Means Committee Meeting Report of January 27, 1986. The fol- lowing items were discussed: (10) Item Off Agenda - Expansion Joints in 3-Level Parking Structure at Central City Mall - The Co~mittee unanimously concurred that a liability to the City exists and recommends that the problem be addressed immediately and the City Administrator engage an appropriate contractor to complete the job as soon as possible using non-appropriated reserve funds. The City Attorney is to prepare the necessary documents to present to Council on Monday, February 3rd to correct the problem immediately. (This subject was Council Agenda Item 14 on the Regular Agenda. ) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the City Administrator be authorized and directed to contract, on an emergency basis, an appropriate contractor to alleviate the safety hazard (expansion joints) at the three-level parking structure in the Central City Mall. 6 2/3/86 Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the City Administrator be authorized to utilize salary savings from the Public Buildings Division budget to pay for the contractor to alleviate the safety hazard at the three-level parking structure in the Central City Mall, and that if augmentation of funds is necessary, any augmentation of funds is to come out of the unappropriated reserve. 1. Application of utility Tax Regulations A) Telephone Item continued. Telephone companies are taxing City users for State and Federal taxes and special government imposed surcharges listed on the bills; the practice is in violation of City law. Staff directed to evaluate extent of problem (fiscal impact), coordinate with phone companies and prepare ordinance amendment clarifying conclusions to taxing user phone services. City Attorney Prince answered questions regarding the amendment giving direction of application of user tax. B) Cable TV Item continued. It appears Chambers Cable TV Company is overtaxing its customers via the utility tax imposition and passing through a $1 franchise fee tax. With respect to the franchise fee tax, it appears Chambers included the tax in its general service charge before, raised the service charge and added a $1 franchise fee tax without reducing the general service charge appropriately, thus, in effect, double taxing its customers. The Finance Director and Chambers Cable TV will evaluate the before and after surcharge to determine whether tax is being imposed twice. The City Attorney will determine if Chambers Cable TV can unilaterally raise the rates with a $1 surcharge or add the $1 and say it is the cost of doing business. A total review and options available to the City will be prepared for next meeting. 2. A) Hiring of Special Consultant - Group W Sale and Transfer of Franchise - Committee recommended Council approve the hiring of a consultant firm, Cable Television Information Center headed by Mr. Harold Horn, to review current franchise (legal and policy options) and recommend appropriate actions which Council could and should take in granting approval for proposed franchise transfers. Firm is recognized leader in this field with successfully demonstrated performance for City in the past. Staff directed to prepare a contract services and cost scenario for full Council review and action on Monday, February 3, 1986. Discussion was held concerning the use of litigation funds to cover contracted services. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to authorize and direct the City Administrator and City Attorney to prepare a proposed agreement for the Mayor and Common Council review as soon as possible for the hiring of Cable Television Information Center to provide a legal analysis of our current franchise with Group W in such a manner as to point out opportunities for enhancement, which can be based upon law. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to continue the Ways and Means Committee Meeting report of the meeting held January 27, 1986, to later in the meeting at 2:00 p.m. (See Page 10) 7 2/3/86 OPERATION SECOND CHANCE AUDIT - FIVE CITY ECONOMIC DEVELOPMENT AUTHORITY In a memorandum dated January 24,1986, Council Member Dan Frazier requested that the Mayor and Common Council discuss a request from the Five Cities Economic Development Authority for funding of an audit and related expenses of Operation Second Chance. (11) Discussion was held concerning the obligations of the cities to the Five Cities Economic Development Authority and the obligation of the Five Cities Economic Development Authority to Operation Second Chance. SENIOR ASSISTANT CITY ATTORNEY BRIGGS ARRIVED At 10:40 a.m., Senior Assistant City Attorney Briggs arrived at the Council Meeting. Senior Assistant City Attorney Briggs answered questions concerning joint power agreement language and authority. Council Member Strickler made a motion, seconded by Council Member Quiel, that the expenditure of $5,000, as requested by the Five Cities Economic Development Authority, for funding of an audit and expenses related to the audit of Operation Second Chance, be approved, with the understanding that the audit is to go forward. The motion carried by the following Council Members Estrada, Reilly, Hernandez, Strickler. Noes: Council Member Frazier. vote: Marks, Absent: Ayes: Quiel, None. Discussion was held concerning legal counsel of the Five Cities Economic Development Authority. Council Member Marks made a motion, seconded by Council Member Quiel, that the Mayor and Common Council go on record requesting that the five city consortium hire an independent counsel in the interest of the five cities as it pertains to Operation Second Chance. The motion carried by the following Council Members Estrada, Reilly, Hernandez, Strickler. Noes: Council Member Frazier. vote: Marks, Absent: Ayes: Quiel, None. Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that an analysis be made of how the circumstances surrounding Operation Second Chance happened, and on the City's liability in all other joint powers agreements, and that a report be made to the Council on March 3, 1986. 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. COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION/ REDEVELOPMENT AGENCY AGENDA Discussion was held concerning rearrangement of Mayor and Common Council and Community Development Commission/Redevelopment Agency agendas, and Council policy regarding adjournment of meetings. Counci 1 Member Quiel made a motion, seconded by Council Member Reilly, that Planning Department matters be scheduled on the agenda at 2:00 p.m. 8 2/3/86 The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Hernandez. TAX EXEMPT FINANCING AND LEGISLATION - LETTERS TO SENATORS CRANSTON AND WILSON In a memorandum dated January 28, 1986, Glenda Saul, Executive Director of the Redevelopment Agency, requested authorization of letters to Senators Cranston and Wilson concerning the proposed Tax Reform Act awaiting action by the Senate, as the reduction in the use and issuance of tax-exempt bonds would severely curtail the City's ability to attract new business and industry which provide needed employment to citizens. (R-6) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the letters to Senators Cranston and Wilson regarding tax exempt financing and legislation be received and filed. NEW CENTRAL LIBRARY - CHANGE ORDER NO.6 - HVAC CONTRACT - SAN-VAL ENGINEERING In a memorandum dated January 27, 1986, Roger Hardgrave, Director of Public Works/Engineering, stated a claim was submitted by San-Val Engineering, the HVAC contractor for the New Central Library, for the cost of replacing four sump motors, due to an error in design of the electrical system. (R-7) Council Member Marks made a motion, seconded by Council Member Quie1 and unanimously carried, that Change Order No. Six to the contract with San-Val Engineering, for the construction of HVAC for the New Central Library, in accordance with Plan No. 6463, be approved, to authorize installation of four new sump motors on the precoo1er of chiller No.2, at a net increase in contract price of $796.04, from $375,749.29 to $376,545.33. RECESS MEETING At 12:00 Noon, Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting be recessed until 2:00 p.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:06 p.m., the meeting Chambers of City Hall, 300 Bernardino, California. reconvened in the Council North "D" Street, San ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Reilly, Hernandez, Marks, Frazier, Strickler; City Attorney Prince, City Clerk Clark, Deputy City Adminis- trator Schwei tzer. Absent: Council Members Estrada and Quiel. COMMUNITY CABLE TELEVISION COMMISSION - CATV CONSULTANT/COORDINATOR - CONTINUED FROM EARLIER IN MEETING This is the time and place continued to for consideration of a recommendation of the Community Cable Television Commission to hire a consultant/coordinator based upon the collection of information on available, qualified personnel. (See Page 1) (6) 9 2/3/86 Russell Lackner, Chairman of the Community Cable Television Commission, answered questions regarding the recommendation of the Community Cable Television Commis- sion that the City hire a CATV Coordinator at $35,000 per year, with a job description outlin2d in a Staff Report dated January 13, 1986. Discussion was held concerning the legal analysis of the current franchise with Group W to point out opportunities for enhancement of cable television which was previously authorizej during the meeting, and the need for staff personnel to review the analysis. Bob Senour, Community Cable Television Commissioner, answered questions regarding grant funds application. COUNCIL MEMBER ESTRADA RETURNED At 2:10 p.m., Council Member Estrada returned to the Council Meeting and took her place at the Council Table. Deputy City Administrator Schweitzer answered questions regarding available, part-time and permanent staff requirements needs to handle the objectives of the cable television program. Bruce Douglass, former General Manager of Telepromp- ter Cable Television, now known as Group W, spoke re- garding qualifications of the proposed position. Russell Lackner, Chairman of the Community Cable Television Commission, spoke regarding the job requirements and qualifications of the proposed position. Discussion was held concerning the hiring of a consultant versus the creation of a permanent, full-time administrative staff position. Counci 1 Member Marks made a motion, seconded by Council Member Reilly, to authorize the development of an appropriate job position to be assigned to the City Administrator's Office for the purpose of providing administrative support necessary for the Community Cable Television Commission. The motion carried by the following vote: Council Members Reilly, Hernandez, Marks, Frazier. Council Members Estrada, Strickler. Absent: Member Quiel. Ayes: Noes: Council Mayor Wilcox vetoed the motion, as hiring a permanent staff person would result in placing the cart before the horse. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council ~able. WAYS AND MEANS COMMITTEE REPORT - JANUARY 27, 1986 - CONTINUED FROM EARLIER IN MEETING Council Member Marks, Chairman of the Ways and Means Committee Meeting, presented the remainder of the report of the Ways and Means Committee meeting held on January 27, 1986. The following items were discussed: (10) 2. B) Staffing Needs for CATV Function - The City has made a firm commitment to develop a public access channel and to successfully manage all CATV related service needs and complaints. The City Administrator's office is responsible for the Cable TV function and for providing staff liaison to the volunteer Cable TV Commission. The overall office workload is overloaded to the extent that additional help is needed. The City, by 10 2/3/86 in State/Federal Law, has been collecting money from the cable companies for the enhancement of cable services in San Bernardino. The money needed to fund staff assistance would not have to be allocated from the City's general fund. The Cable TV Commission feels that a part-time consultant would be better to perform the tasks discussed above. The City Administrator has recommended that the hiring of a full-time staff member would be significantly more cost-effective. Staff was directed to further refine the pros and cons of each recommendation and the relative costs involved and be prepared to discuss the same with the full Council at 2:00 p.m. on Monday, February 3rd. (See Agenda Item 6, Page 3) 3. R-3 Multi-Family Ordinance Amendment - Item continued to a special meeting on February 3rd at Noon. 4. Architectural Review Board - Item continued to a special rneetingonFebruary 3rdatNoon. 5. Social Service Contract Analysis Report - Item continued to a special meeting on February 3rd at Noon. 6. Handicapped Quality of Life Program Enhancements - Item continued to a special meeting on February 3rd at Noon. 7. Library Construction Funds - Automation Conver- sion - Item continued. Referred to the City Administrator for review and analysis within the context of funding constraints. Item to be returned to the Committee with recommendation. 8. RDA Personnel Policies - Item continued to a special meeting on February 3rd at Noon. 9. Mid-Year Budget Review - The Deputy City Adminis- trator and Finance Director reported that Appropriation Reports had been distributed. The Committee requested that a budget review workshop with the full Council be arranged as soon as possible to discuss alternatives and impacts from Gramm-Rudman legislation. A tentative date of February 8th was suggested. 10. Animal Control Services Alternative Report - Item continued. The Committee and Council will hear this report at the budget review workshop. The Deputy City Administrator will assure that the report is of substance and contains all the viable alternatives. 11. Dial-A-Ride/Dial-A-Lift Council Transportation Committee Transportation Committee Minutes dated Item discussed at meeting (See January 27, 1986). COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the Council go on record supporting the following program implementation and directed the Mayor and City Administrator to work to accomplish the implementation with Omnitrans: 1. that a new service component be developed, called the Community Based Elderly and Handicapped Service for the City of San Bernardino; 2. that the hours of service currently in existence not be reduced; 11 2/3/86 3. that the Sunday service shall be continued; 4. that the 7500+ additional hours currently budgeted for San Bernardino, but not yet implemented, be reserved for possible implementation upon demand; 5. that any increase in fare not be beyond 75 cents; 6. that there not be a reduction in vehicles for service in the City of San Bernardino; 7. that the new service will not deny passengers of elderly and handicapped use of the vehicles these passengers are traveling companions of the elderly and the handicapped and are to be charged at the same fare that is to be established for the basic service; 8. that Omnitrans immediately give full attention to the implementation of an adequate advertising and marketing support program for the new system in San Bernardino; 9. that Omnitrans staff develop, as soon as possible, a component to take care of the non-elderly and handicapped, but transit dependent and poverty income level riders within the community, for consideration by the Board and City Council; 10. that if the fare box ratio is not appropriately maintained pursuant to state law by the implementation of this program, that Omnitrans would review the program no later than six months from implementation with a recommendation for an appropriate fare to maintain the state-mandated fare box ratio. Counci 1 Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the report of the Ways and Means Committee Meeting held January 27, 1986, be received and filed. USE OF CITY PARKS BY PRIVATE, NON-PROFIT GROUPS - FUND RAISING ACTIVITIES In a memorandum dated January 23, 1986, Director of Parks, Recreation and Community Services Ramos, proposed a fee of $100 per day for the use of City parks by private, non-profit groups exclusively for fund raising activities to cover all or part of the City's expenses associated with that usage. (12) Discussion was held concerning the need for facilities in which to hold fund raising activities for non-profit groups. Council Member Hernandez made a motion, seconded by Council Member Estrada and unanimously carried, that the matter concerning a fee of $100 per day for the use of City parks by private, non-profit groups exclusively for fund raising activities, be tabled. REIMBURSEMENT TO CITY - SENIOR COMPANION SERVICES - SERVICE VENDOR APPLICATION TO COUNTY OFFICE ON AGING - SENIOR HOME AND HEALTH CARE PROGRAM In a memorandum dated January 22, 1986, Director of Parks and Recreation Ramos stated that the County Office on Aging is operating a Senior Home and Health Care Program for which they need trained and skilled senior companions. The County can reimburse the City's Senior Companion Program for the cost of senior companions assigned to their program. (13) 12 2/3/86 Council Member Strickler made a motion, seconded by Council Member Quie1 and unanimously carried, that the Department of Parks, Recreation and Community Services be authorized to submit a service vendor application to the County Office on Aging's Senior Home and Health Care Program requesting reimbursement for senior companion services provided by the City. SECCOMBE LAKE URBAN STATE RECREATION AREA - CONTRACT - KERSHAW CONSTRUCTION - CHANGE ORDER NO. ONE In a memorandum dated January 17, 1986, Roger Hard- grave, Director of Public Works/Engineering, stated that during excavation for a storm drain to accommodate Sec- combe Lake Park, an unknown, abandoned, reinforced con- crete vault was encountered, and two water mains were broken. (15) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that Change Order No. One to the contract with Kershaw Construction Company for the construction of a Seccombe Lake storm drain lateral, in accordance with Plan No. 6769, be approved; to authorize payment for removal of a concrete structure and for time lost due to unmarked water lines, on a time and materials basis, for a cost not to exceed $3,667.09, for an increase in the contract price from $175,282.00 to $178,949.09. VALLEY TRUCK FARM AREA SEWER MAINS - CONTRACT - CHANGING TIMES ENTERPRISES, INC. - CHANGE ORDER NO. TWO In a memorandum dated January 22, 1986, Roger Hard- grave, Director of Public Works/Engineering, stated that during construction of the sewer lift station, the water table was found to be about four feet higher than the bottom of a wet well to be installed, and various unknown utility facilities required the contractor to shut down operations until the facilities were relocated. (16) Council Member Quie1 made a motion, seconded by Council Member Reilly and unanimously carried, that Change Order No. Two to the contract with Changing Times Enterprises, Inc., for the construction of sanitary sewers in the Valley Truck Farm area, in accordance with Plan No. 6744, be approved; to authorize the Contractor to furnish and install a well point system with 16 well points to dewater a pump station facility and to compensate the Contractor for operating equipment time lost due to utilities not shown on the plans, delaying work at a net increase in the contract price of $13,506.13, from $541,039.26 to $554,545.39. VALLEY TRUCK FARM AREA SEWER MAINS - CONTRACT - CHANGING TIMES ENTERPRISES, INC. - APPROVAL AND ACCEPTANCE OF WORK In a memorandum dated January 22, 1986, Roger Hard- grave, Director of Public Works/Engineering, stated all installation work of sewer mains in the Valley Truck Farm area by Changing Times Enterprises, Inc., was satisfac- torily completed as of December 18, 1985. (17) Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the work performed by the contractor in accordance with Specification No. 6744, be approved and accepted; and that final payment be authorized at the expiration of the lien period. 13 2/3/86 TIPPECANOE AVENUE BRIDGE - CONTRACT ~ KASLER CORPORATION - CHANGE ORDER NO. FOURTEEN In a memorandum dated January 22, 1986, Roger Hardgrave, Director of Public Works/Engineering, stated that the plans and specifications concerning the Tippecanoe Avenue Bridge over the Santa Ana River do not provide for the installation of pull boxes adjacent to the e1ectroliers, as is City policy. (18) Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that Change Order No. Fourteen to the contract with Kasler Corporation for construction of the new Tippecanoe Avenue Bridge, in accordance with Plan No. 6358, be approved; to authorize the contractor to furnish and install seven each, No. 5 pull boxes, adjacent to new electrolier bases, at a new increase to the contract price of $1,650.00, from $4,321,945.00 to $4,323,595.00. TIPPECANOE AVENUE BRIDGE - CONTRACT - KASLER CORPORATION - CHANGE ORDER NO. FIFTEEN In a memorandum dated January 22,1986, Roger Hardgrave, Director of Public Works/Engineering, stated that a concrete wall not shown on the plans would interfere with installation of a 54" RCP storm drain at station 22+45 of the Tippecanoe Avenue Bridge over the Santa Ana River. (19) Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that Change Order No. Fifteen to the contract with Kasler Corporation for construction of the New Tippecanoe Avenue Bridge in accordance with Plan No. 6358, be approved; to authorize the contractor to remove an existing concrete wall which interferes with the installation of a storm drain, by force account, at an estimated increase in contract price of $800.00 from $4,323,595.00 to $4,324,395.00. PUBLIC HEARING - IMPASSE RESOLUTION - UNIT MODIFICATION DENIAL - POLICE DEPARTMENT - SAFETY SUPPORT PERSONNEL - CONTINUED FROM JANUARY 21, 1986 This is the time and place continued to for consideration of 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. (20) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to open the public hearing. In a memorandum dated January 28, 1986, Director of Personnel per1ick requested legal opinions regarding the requested unit modification. In a memorandum dated January 30, 1986, Senior Assistant City Attorney Briggs provided legal opinion regarding the proposed unit modification, stating that the Common Council can now modify the unit if it chooses to do so and that it has the authority to permit unit modification at this time if it chooses to exercise that right. Bob Elliott, General Manager of the San Bernardino Public Employees Association, stated that if the Common Council is desirous of permitting the unit modification, that it should be made subsequent to the impending run off election. 14 2/3/86 Charles Goldwasser, attorney representing the San Bernardino Police Officers' Association, referred to a letter written by Darrell (Scotty) Zoulko, stating his opinion that a clerk typist position with the Police Department is unique to other clerk typist positions. Discussion was held concerning employees working out of prescribed job descriptions. Charles Goldwasser, attorney representing the San Bernardino Police Officers' Association, stated that reclassification of job positions in the Police Department would not alleviate the situation of a group of employees requesting they be taken out of the bargaining unit to address their personnel needs. Council Member Strickler made a motion, seconded by Council Member Estrada, to make a decision in favor of the unit modification as requested. The Council Members None. motion failed by the following vote: Members Estrada, Strickler. Noes: Reilly, Hernandez, Marks, Quiel, Frazier. Ayes: Council Absent: Discussion was held regarding the five-part test results of each position listed on the proposed unit modification, and that each listed position must be con- sidered unique to accept the entire proposal. City Attorney Prince answered questions concerning the requirements needed for the decision of the Common Council to be upheld in a court of law. Director of Personnel Perlick read the list of positions on the proposed unit modification, and stated that a unit modification proposal could be resubmitted in October. City Attorney Prince answered questions regarding a required decision at this time by the Common Council on the proposed unit modification. He stated that the Council must either affirm the unit modification as requested or uphold the decision of the Personnel Director. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the public hearing be closed. Council Member Hernandez made a motion, seconded by Council Member Marks, to uphold the Director of Person- nel's decision to deny the requested unit modification and confirm the existing General Unit as the most appropriate unit for General employees. The motion carried by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier. Noes: Counci 1 Members Estrada, Str ickIer. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO PROVIDING FOR THE SUBMISSION OF AN ADVISORY MEASURE RELATING TO THE CITY'S POLICY OF SELLING DOGS AND CATS FOR RE- SEARCH PURPOSES AT A SPECIAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD IN SAID CITY ON JUNE 3, 1986. (21) 15 2/3/86 RESOLUTION OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE THE SPECIAL MUNICIPAL ELECTION WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON JUNE 3, 1986. (22) City Clerk Clark read the titles of the resolutions. Council Member Frazier made a motion, seconded by Council Member Estrada, and unanimously carried, that further reading of the resolutions be waived. City Clerk Clark read the wording of the ballot language as follows: MEASURE "ADVISORY VOTE ONLY" CITY OF SAN BERNARDINO - SALE OF ANIMALS FOR RESEARCH PURPOSES. Shall the City continue to sell impounded animals for research purposes to legally accredited organizations. City Attorney Prince explained the meaning of an advisory measure under the California Elections Code. Jules Cavello, area resident, National Commander of the Military Order of the purple Heart, spoke in favor of using impounded animals for research and stated that he would like to see the word "unclaimed" added before the word "impounded" in the ballot language. City Attorney Prince explained why he did not think the ballot language should be changed. Jerald Rosen, 677 W. 36th Street, San Bernardino, a member of the Board for the Humane Society, stated that the City presently has an ordinance, MC-266, regarding the sale of animals from the pound. He objected to this being an advisory measure. Lawrence Finsen, Associate Professor of Philosophy, University of Redlands, objected to the words "legally accredited organizations" within the ballot language, stating that this term would emotively mislead the voter. Margo Tannenbaum, 3087 Acacia, a member of Last Chance for Animals, also objected to the wording of the measure. City Attorney Prince explained that an advisory measure would not be legally binding on the Council, but a Charter amendment would legally bind the Council. Council Member Strickler made a motion, seconded by Council Member Quiel, that the City Attorney prepare a Charter amendment to present to the voters prohibiting the sale or giving away of unclaimed, impounded animals for research, testing and experimental purposes. The Mayor and Common Council discussed whether the wording of the proposed measure is negative or positive. Council Member Strickler made seconded by Council Member Quiel and to cut off the debate. a substitute motion, unanimously carried, 16 2/3/86 Council Member Marks made a motion, seconded by Council Member Hernandez, that the City Attorney be directed to prepare a Charter amendment on the question of whether or not the current practice of selling animals should be enacted in the Charter. The motion carried by the following vote: Council Members Estrada, Hernandez, Marks, Frazier. Council Members Reilly, Quiel, Strickler. Absent: Ayes: Noes: None. Mayor Wilcox vetoed the motion. After discussion, Mayor wilcox withdrew her veto. POLICY - SELLING POUND ANIMALS FOR RESEARCH - FISCAL ANALYSIS ON BALLOT MEASURE In a memorandum dated January 21, 1986, City Clerk Clark reported that San Bernardino Municipal Code Section 2.56.190 states that whenever a City measure qualifies for a place on the ballot, the Mayor and Common Council may direct designated officers of the City to prepare an impartial fiscal analysis of the measure, showing the amount of any increase or decrease in revenue or cost to the City of San Bernardino. (23) Council Member Marks made a motion, seconded by Council Member Quie1, that the Ci ty Administrator be instructed to prepare a fiscal analysis on the ballot measure concerning the policy of selling pound animals for research, and that the analysis be submitted to the City Clerk by February 20, 1986, for inclusion in the voter's pamphlet. The motion carried by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: Council Member Reilly. Absent: None. READING AND WAIVING OF RESOLUTIONS The City Clerk read the titles of all resolutions on the Agenda. Counci 1 Member Quiel made a motion, Council Member Marks and unanimously carried, reading of the resolutions be waived. seconded by that further COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO RESULTING FROM THE JURISDIC- TIONAL CHANGE DESCRIBED BY LAFC NO. 2365. (Nine island Highland area annexation for territory located generally north of High- land Avenue between Waterman and Boulder Avenues.) (31) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be continued to the Adjourned Meeting of the Mayor and Common Council to be held at 1:00 p.m., Thursday, February 13, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned Meeting and took her place at the Council to the Table. Council 17 2/3/86 RES. 86-28 - RESOLUTION OF THE CITY OF SAN BERNARDINO PROVIDING THAT WHEREVER THE WORDS "CHIEF ENGINEER" APPEAR IN ANY RESOLUTION IT SHALL BE DEEMED TO BE "FIRE CHIEF". (24) Council Member Quie1 made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-28 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 86-29 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING PROCEDURES FOR THE GRANT OF DENSITY BONUS OR EQUIVALENT FINANCIAL VALUE, INCLUDING THE SALE OF SEWER CAPACITY RIGHTS AS EQUIVALENT FINANCIAL VALUE TO THE GRANT OF A DENSITY BONUS, AND REPEALING RESOLUTION NO. 85-66. (25) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-29 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 86-30 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 84-530 ENTITLED IN PART "RESOLUTION...ESTAB- LISHING GUIDELINES FOR TRANSFER OF SEWER CAPACITY RIGHTS..." TO REQUIRE THE PUR- CHASER OF SEWER CAPACITY RIGHTS FOR A RESIDENTIAL HOUSING DEVELOPMENT TO EXECUTE A COVENANT TO RUN WITH THE LAND WAIVING THE RIGHT TO A DENSITY BONUS. (26) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. Resolution No. 86-30 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 86-31 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF A FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH MEDICAL HEALTHWAYS, INC., RELATING TO A ONE-YEAR EXTENSION OF THE TERM OF THE NUTRITION FOR SENIORS PROGRAM. (27) Council Member Quie1 made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. Resolution No. 86-31 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. 18 2/3/86 RES. 86-32 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF A FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH G & K MANAGEMENT COMPANY, RELATING TO A ONE-YEAR EXTENSION OF THE NUTRITION FOR SENIORS PROGRAM. (28) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 86-32 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 86-33 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO CONTRACT WITH THE COUNTY OF SAN BERNARDINO, ACTING AS THE AREA AGENCY ON AGING, RELATING TO A ONE-TIME GRANT TO PURCHASE AND MODIFY EQUIPMENT FOR THE SENIOR NUTRITION PROGRAM. (29) Counci 1 Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. Res. No. 86-33 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 86-34 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF STREET IMPROVEMENT ASSESSMENT DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS "ASSESSMENT DISTRICT NO. 966"; AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DAT E OF A PUBL I C HEAR I NG . (Loca ted on Daley Canyon Road between Chiquita Lane and a point approximately 620 feet east thereof.) (30) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. Resolution No. 86-34 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 86-35 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF A PUBLIC NUISANCE. (763 W. 6TH STREET, 641 W. 11TH STREET, 964 N. ACACIA, 586 E. CENTRAL, 1772 N. COLORADO, 1800 N. COLORADO, 367 E. ECHO COURT, 2926 N. MIRAMONTE DRIVE, 2096 N. PERSHING.) (32) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. 19 2/3/86 Resolution No. 86-35 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. READING AND WAIVING OF ORDINANCES City Clerk Clark read the titles of all ordinances on the Agenda. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the ordinances be waived. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 8.36 TO CHANGE THE TITLE OF CHIEF ENGINEER TO FIRE CHIEF AND MAKING CERTAIN OTHER TECHNICAL CHANGES THERETO. FIRST (33) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that first reading of the ordinance be waived and said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING THAT WHEREVER THE WORDS "CHIEF ENGINEER" APPEAR IN THE SAN BERNARDINO MUNICIPAL CODE THE WORDS SHALL BE CHANGED TO "FIRE CHIEF". FIRST (34 ) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that first reading of the ordinance be waived and said ordinance be laid over for final passage. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 10.52.020 AND 10.52.030 OF THE SAN BERNARDINO MUNICIPAL CODE TO CHANGE MT. VERNON AVENUE, BETWEEN SEVENTH STREET AND TWENTY-SEVENTH STREET, FROM 35 MPH TO 40 MPH; TO INCLUDE NEWLY INCOR- PORATED TERRITORY ON DEL ROSA, BETWEEN NINETEENTH STREET AND CITRUS AVENUE, AT 40 MPH; AND TO CHANGE "0" STREET, BETWEEN TWENTY-EIGHTH STREET AND MARSHALL BOULEVARD, FROM 35 MPH TO 25 MPH. FIRST (35) Discussion was held concerning the speed limits on Mt. Vernon Avenue between Seventh Street and Twenty-Seventh Street. Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, to delete from the ordinance by interdelineation, "Mt. Vernon Avenue, between Seventh Street and Twenty-Seventh Street, from 35 MPH to 40 MPH"; and that said ordinance be laid over for final passage as amended. 20 2/3/86 ORD. MC-493 - ORDINANCE OF THE CITY OF SAN BERNARDINO 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-, C-3A, C-M, M-l 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. FINAL (36 ) Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that final reading of the ordinance be waived and said ordinance be adopted. Ordinance MC-493 was adopted by Ayes: Council Members Estrada, Frazier, Strickler. Noes: None. Members Marks and Quiel. the following vote: Reilly, Hernandez, Absent: Council ORD. MC-494 - ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 85-20, AN IRREGULARLY SHAPED PARCEL OF LAND CON- SISTING OF APPROXIMATELY 76 ACRES HAVING A FRONTAGE OF APPROXIMATELY 3,655 FEET ON THE NORTHEASTERLY SIDE OF FRONTAGE ROAD AND BEING LOCATED APPROXIMATELY 2,670 FEET NORTHWESTERLY OF THE CENTERLINE OF LITTLE LEAGUE DRIVE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. FINAL (37) Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that final reading of the ordinance be waived and said ordinance be adopted. Ordinance MC-494 was adopted by Ayes: Council Members Estrada, Frazier, Strickler. Noes: None. Members Marks and Quiel. the following vote: Reilly, Hernandez, Absent: Council ORD. MC-495 - ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 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. FINAL (38 ) Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that final reading of the ordinance be waived and said ordinance be adopted. Ordinance MC-495 was adopted by Ayes: Council Members Estrada, Frazier, Strickler. Noes: None. Members Marks and Quiel. the following vote: Reilly, Hernandez, Absent: Council 21 -j' 2/3/86 ORD. MC-496 - ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 85-22, A RECTANGULARLY-SHAPED PARCEL OF LAND CON- SISTING OF APPROXIMATELY .22 ACRES LOCATED AT THE NORTHWEST CORNER OF 7TH STREET AND PERSHING AVENUE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. FINAL (39) Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that final reading of the ordinance be waived and that said ordinance be adopted. Ordinance MC-496 was adopted by Ayes: Council Members Estrada, Frazier, Strickler. Noes: None. Members Marks and Quiel. the following vote: Reilly, Hernandez, Absent: Counci 1 GENERAL REPORTS AND CORRESPONDENCE Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that the following items be filed: (40) a. Civil Service Eligibility Lists for: Intermediate Typist Clerk Heavy Laborer Custodial Aide b. Report relative to preparation of Plans - Widening of Second Street, from Route I-215 Freeway and "G" Street - Plan No. 6890. c. Report relative to Reserve Sewer Capacity Rights - Raymond D. Schweitzer, Deputy City Administrator. d. Memorandum from Director of Public Works/City Engineer relative to future plans for Santa Fe "A" Switching Yard. e. Four alcoholic beverage applications for the following transferred and exchanged licenses: TRANSFERRED Kyoo Un & Won Sun Park dba Smitty's Liquor Store 924 W. Highland Ave. Off Sale General Hao Quang Huynh 1160 W. Seventh St. dba First Stop Market Off Sale Beer & Wine Tae Sik & Um Chun Kang dba 7 Day Food Store 1602 W. Highland Ave. Off Sale Beer & Wine EXCHANGE Charles W. & 490 W. Fifth St. Evelyn T. Wright dba The Gold Room On Sale General 22 2/3/86 $,',,-- COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. DEL VALLEJO SCHOOL PARK - RENTAL OF TOILETS AND CONCESSION TRAILER - CIVITAN LITTLE LEAGUE - 4TH AND 7TH WARD PARK EXTENSION FUNDS In a memorandum dated January 28, 1986, Director of Parks, Recreation & Community Services Ramos stated delays in completion of construction of a restroom/concession stand at Del Vallejo School Park have necessitated the rental of these facilities required by Civitan Little League. (S-l) Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that $356.00 from each of the Fourth and Seventh Ward Park Extension Funds for the rental of portable toilets and a concession trailer for use by Civitan Little League at Del Vallejo School Park, be approved. COUNCIL MEMBER ESTRADA RETURNED Counci 1 Member Estrada returned Meeting and took her place at the Council to the Table. Council RES. 86-36 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 12896, LOCATED AT THE NORTHEAST CORNER OF COLLEGE AVENUE AND UNIVERSITY PARKWAY, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (S-2) City Clerk Clark read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 86-36 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Members Marks and Quiel. APPOINTMENT - NANCY L. BARNETT - SENIOR STENOGRAPHER CLERK - MAYOR'S OFFICE In a memorandum dated January 31, 1986, Mayor Wilcox stated that the Personnel Action Request Form for Nancy L. Barnett, approved by the Council December 16, 1985, was in error as it should have read "CD Step $7.8866/hr. instead of "A" Step $7.8897/hr. Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, that the appointment of Nancy L. Barnett as a Senior Stenographer Clerk, Mayor's Office, Salary Range 1071, "CD Step, $7.8866/hr., be approved. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. ABATEMENT - EASEMENT - 18TH AND LINCOLN STREETS In a memorandum dated January 30, 1986, Council Member Frazier stated that abatement costs of an easement at 18th and Lincoln Streets amount to $2,500. 23 2/3/86 Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that a sum of $2,500.00 be approved for Public Services Department to abate, on a one-time basis, an easement at 18th and Lincoln Streets. COUNCIL MEMBERS MARKS AND QUIEL RETURNED Counci 1 Members Marks and Quiel returned to the Council Meeting and took their places at the Council Table. ORD. MC-497 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.76.200 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR AN INCREASE IN RATES FOR TAXICAB SERVICE, AND DECLARING THE URGENCY THEREOF. FINAL City Clerk Clark read the title of the ordinance. City Attorney Prince explained why the ordinance contained an urgency clause. Art parlas, owner of Yellow Cab, answered questions. Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that further reading of the ordinance be waived, and that said ordinance be adopted as an urgency measure. Ordinance MC-497 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Estrada. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned Meeting and took her place at the Council to the Table. Council POLICY - CONTINUANCE OF MEETING At 5:30 p.m., the Mayor and Common Council discussed a new policy, whereby the Council will take a vote at 5:30 p.m. at each meeting to decide whether the meeting will continue or be held over until the next day. At 5:30 seconded by carried, that the Agenda. p.m., Council Member Marks made a motion, Council Member Estrada and unanimously the meeting continue until the completion of ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.58 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE PROCEDURES FOR COMPELLING THE ATTENDANCE OF WITNESSES AND PRODUCTION OF DOCUMENTS AT MEETINGS OF THE LEGISLATIVE BODY OR ITS COMMITTEES APPOINTED FROM ITS MEMBERSHIP TO CONDUCT AUTHORIZED INVESTIGATIONS AND DECLARING THE URGENCY THEREOF. City Clerk Clark read the title of the ordinance. Discussion was held concerning the ordinance and the povelko case. On January 6,1986, the Common Council adopted a motion granting subpoena power to an Ad Hoc Council Sub-Committee to investigate the Building Code violations of a developer named Povelko. 24 2/3/86 Council Member Reilly stated he would abstain from discussion on this matter as the firm he was employed by did engineering work on the project. Council Member Quiel made a motion, seconded by Council Member Estrada, that the City Attorney prepare an ordinance giving the Ad Hoc Sub-Committee established by the Council subpoena power in the povelko case due to the complexities involved in the case. The motion carried by the following vote: Council Members Estrada, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: None. Council Member Reilly. Ayes: Frazier, Abstain: The Council discussed the necessity of adopting an ordinance. It was pointed out that the full Council had subpoena power that could be used on behalf of the Ad Hoc Committee. Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that subpoenas be issued to Mr. Cliff Carel and Mr. George Worley to appear before the Council Sub-Committee concerning the povelko matter. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. SEWER REFUNDING BOND ISSUE In a memorandum dated February 3, 1986, City Treasurer Graves stated that the Refunding Bond Issue needs to be reviewed by the Ways and Means Committee. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the matter concerning the sewer revenue refunding bond issue of $2,600,000 be continued to the Adjourned Meeting of the Mayor and Common Council to be held at 1:00 p.m., Thursday, February 13, 1986, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONSIDER MINUTES - JANUARY 9, 1986 Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the minutes of the Council Meeting held January 9, 1986, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California, which were approved earlier in the meeting, be reconsidered. (See Page 1) (1) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the minutes of the Council Meeting held January 9, 1986, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California, be approved as corrected by the City Clerk. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned Meeting and took his place at the Council to the Table. Council MID-YEAR BUDGET REVIEW In a memorandum dated February 3, 1986, Director of Finance Warren Knudson provided information related to the General Fund revenues and expenditures, stating that the Mid-Year Budget Review document is not yet completed. 25 2/3/86 r Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the Mid-Year Budget Review be considered at the Budget Hearing, Tuesday, February 18, 1986, at 3:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECESS MEETING - CLOSED SESSION At 5:55 p.m., Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, to recess to a Closed Session under the authority of Government Code Sections 54956.9(b) (1) to discuss pending litigation, and 54957 to discuss personnel matters. The motion carried by the following Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: vote: Marks, None. Ayes: Quiel, CLOSED SESSION At 5:55 p.m., Mayor wilcox called the Closed Session to order in the Conference Room of the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, Deputy City Administrator Schweitzer. Absent: City Clerk Clark. Also present, Ron Solheim, Director of Emergency Services/Risk Management. ADJOURN CLOSED SESSION At 6:30 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Regular Meeting in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 6:30 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Clark with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney prince, City Clerk Clark, Deputy City Administrator Schweitzer. Absent: None. ADJOURNMENT At 6:30 p.m., Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the meeting be adjourned to 7:00 p.m., Wednesday, February 5, 1986, in the Empire Room of the Orange Show, 689 S. "E" Street, San Bernardino, California. ~/7///?4(L'l:1/'h / City Clerk 26 2/3/86