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HomeMy WebLinkAbout11-04-1985 Minutes , - , City of San Bernardino, California November 4, 1985 . The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:30 a.m., on Monday, November 4, 1985, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. INVOCATION The Invocation was given by the Rev. Bob Clover, Administrative Assistant to Bishop Straling, Diocese of San Bernardino. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Coates, a member of Retired Services Volunteer Mr. Larry Program. . ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Member Quiel. RECESS MEETING - CLOSED SESSION - REDEVELOPMENT AGENCY At 9:30 a.m., Mayor Wilcox announced that the Mayor and Council, sitting as the Redevelopment Agency, would be considering a personnel matter in Closed Session pursuant to Government Code Section 54957, and that the regular agenda items would be heard at 10:30 a.m. RECONVENE MEETING At 10:48 a.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" 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, Frazier, Strickler; City Attorney prince, City Clerk Clerk, City Administrator Matzer. Absent: Council Member Quiel. COUNCIL MINUTES - SEPTEMBER 9, 1985 - CONTINUED FROM OCTOBER 21, 1985 Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, to ap- prove the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 9th day of September, 1985, as submitted in typewritten form. (1) COUNCIL MINUTES - SEPTEMBER 30, 1985 - CONTINUED FROM OCTOBER 21, 1985 Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, to ap- prove the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 30th day of September, 1985, as submitted in typewritten form. (2) . COUNCIL MINUTES - OCTOBER 4, 1985 - CONTINUED FROM OCTOBER 21, 1985 Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, to ap- prove the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 4th day of October, 1985, as submitted in typewritten form. (3) . COUNCIL MINUTES - OCTOBER 14, 1985 Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, to ap~ prove the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 14th day of October, 1985, as submitted in typewritten form. (4) CLAIMS AND PAYROLL Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, to ap- prove demands against the City and authorize the issuance of warrants as follows: (5) 1. Approve the register of demands dated: October 14, 1985 October 21, 1985 85/86 85/86 #11 #12 $1,974,933.80 306,011.13 2. Approve a supplemental to the total gross payroll for the periOd September 16, 1985, through Sep- tember 29, 1985, in the amount of $8,409.59. . 3. Approve the total gross payroll for the period September 30, 1985, through October 13, 1985, in the amount of $1,139,693.92. PERSONNEL ACTIONS Council Member Frazier 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 as listed. (6) APPOINTMENTS Public Works/Engineering Everett E. Anderson - Engineering Aide - Effective October 28, 1985 Police Karen Marie Bellknap - Junior Typist Clerk - Effective November 5, 1985 . Lola Marie Bertrand - Intermediate Typist Clerk - Effective November 5, 1985 Betsy Jane Stewart - Dispatcher I - Effective November 5, 1985 Crease R. Williams - Police Assistant - Effective November 5, 1985 TEMPORARY APPOINTMENTS Public Buildings Otis Jackson - Custodial Aide III - Effective November 6, 1985 Custodial Aide I - Effective November 5, 1985 Cornelius Crayton Jesus Valdez Sal Lira . Parks, Recreation & Community Services Luis C. Montoya - Kitchen Helper - Effective October 24, 1985 2 11/4/85 PROMOTIONS . Police Police Assistant - From Intermediate Typist Clerk to Police Assistant - Effective November 5, 1985 Gloria G. Aguilar Martha J. So to Georgina R. Aponte - Police Assistant - From Complaint Desk Coordinator to Police Assistant - Effective November 5, 1985 Personnel Cynthia G. Chavez - Personnel Assistant (C) - From Personnel Clerk II to Personnel Assistant (C) - Effective November 5, 1985 HIGHER ACTING CLASSIFICATION Fire Maria Norma pierce - Secretary - from Fire Department Data Clerk to Secretary - Effective October 8, 1985 - Terminates November 18, 1985 . MINUTES - OCTOBER 7, 1985 - RECONSIDERATION Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 7th day of October, 1985, be reconsidered. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. . Council Member Marks made a motion, seconded by Council Member Hernandez, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernar- dino held on the 7th day of October, 1985, be amended to include the following changes: page 27, the third para- graph to read: "Counci 1 Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the complaints regarding conditions at the animal shelter be referred to the City Administrator for a report back"; page 22, the ninth paragraph to read: "Council Member Marks made a motion, seconded by Council Member Quiel, that said resolution be adopted as amended by re- moving the paragraph beginning with the word "If" on line 18."; page 11, include a new paragraph as the sixth para- graph to read: "A discussion ensued regarding the fact that the property on which this development will take place is located on an earthquake fault and thus, a mini- storage facility is the best use for the property. Council Member Reilly stated he would abstain from voting on this motion. The motion carried by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Strickler. Noes: None. Absent: Council Members Quiel, Frazier. Abstain: Council Member Reilly. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council . 3 11/4/85 . APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER OF ABATEMENT - 5055 DAVID WAY - DAVID HATFIELD CONTINUED FROM OCTOBER 21, 1985 This is the time and place continued to for consider- ation of an appeal filed by Attorney Richard Andrews on behalf of David Hatfield concerning the Board of Building Commissioners' Order of Abatement on property located at 5055 David Way. The appeal concerns Mr. Hatfield's refus- al to submit plans to City departments for approval, on the grounds the plans are a trade secret and would become public information upon submittal. (7) Richard Andrews, 150 West 5th Street, attorney for David Hatfield, stated that an agreement had been reached with the Building and Safety Department, and that the existing structure would be called a patio with a masonry wall 4 feet high which would not require a permit, therefore, the abatement is not warranted. Jack Rosebraugh, Superintendent of Building and Safe- ty, was present to answer questions and stated that at the present time, the work Mr. Hatfield is doing does not require a permit. . The Council discussed the nature of the complaints from neighbors, which included camping in tents and rocks rolling down the hill and from the Water Department that items were being placed by the water tanks. Mr. Lyle Jensen, 4995 Mariposa Drive, stated that Mr. Hatfield's property is within view of his property, and it was his opinion that a transparent A-Frame is not compati- ble with the neighborhood. He also spoke of the unstabil- ity of the soil in the area and problems with illegal fires and camping at 5055 David Way. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the hearing on the Board of Building Commissioners' Order of Abatement at 5055 David Way be continued to Monday, December 16, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Mr. Hatfield agreed that no further work would be done on the project until an agreement has been reached. . COMPLETION DATE STANDARDS - OPEN BUILDING PERMITS City Administrator Matzer agreed to report back with a recommendation and survey as to what other cities do with building permits that are kept open over a period of time. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER OF ABATEMENT - 1139 W. 19TH STREET This is the time and place set to hear an appeal filed by John R. Tindall on behalf of Manuel B. Enriquez on the Board of Building Commissioners' Order of Abatement by demolition on property located at 1139 W. 19th Street. (8 ) Mayor wilcox opened the hearing. Mr. Martin Rodriquez from John R. Tindall's office was present and requested that the appeal hearing be continued to November 18, 1985. . Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that the appeal hearing on the Board of Building Commissioners' Order of Abatement by demolition on property located at 4 11/4/85 1139 W. 19th Street be continued to Monday, November 18, 1985, 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. 61024 AND 61025 - GANNETT OUTDOOR CO., INC. - 512 EAST REDLANDS BLVD. - 455 WEST FIFTH STREET - CONTINUED FROM OCTOBER 21, 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. (9) . 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 AVENUE This is the time and place set to hear an appeal filed by Foster & Kleiser on the decision by the Planning Commission of revocation of Sign Permit Nos. 61006, 61007, and 61008, for the construction of a new painted bulletin at 726 E. Redlands Blvd., and the demolition of two bill- boards located at 415 and 390 W. Highland Avenue. (10) Planning Director Schuma suggested that both of these items be discussed simultaneously, but that separate ac- tion be taken after the discussion is completed. Mr. Schuma explained that in both cases the sign permits were issued by the Department under the premise that the signs were in conformance with the ordinance, subject to the issuance of a permit. However, a protest was received by an adjoining community concerning the location of the billboards. Mr. Schuma further explained that it was the opinion of the City Attorney's Office that both permits had been issued in error and should be revoked. . City Attorney Prince stated that the conclusion reached was based on Section 19.62.250 of the San Bernar- dino Municipal Code. He explained that the Gannett sign in question is not yet constructed although supplies and materials have been obtained for the construction, and that the Foster & Kleiser sign is already erected, but both violate Subsection "b" of Section 19.62.250. Mr. Prince stated it was his recommendation that some compro- mise be made in the case of Foster & Kleiser and in the case of Gannett Outdoor, that the Planning Commission's decision of denial be approved. There has been a threat of litigation in the Foster & Kleiser case and Mr. Prince recommended that any discussion in this regard be con- ducted in a closed session. Herb Hennes, Jr. Community Services Representative, Gannett Outdoor, 1731 Workman Street, Los Angeles, CA 90031, gave the background of his negotiations with the Planning Department and stated his company had agreed to relocate the sign that is located at 455 West 5th Street to 512 East Redlands Blvd. . Planning Director Schuma answered the history of the sign ordinance location at John's Campers Service. questions regarding and of the sign Herb Hennes, Gannett Outdoor, answered questions of the Council. 5 11/4/85 . John Glyn, Public Affairs Representative, Foster and Kleiser, 150 W. Washington Blvd., Los Angeles, CA 90007, answered questions. City Attorney Prince stated that state law does permit billboards under certain conditions to be located within 660 feet of the freeway right-of-way, but the zoning ordinance prohibits such billboards. (Discussion and formal action were continued to the afternoon session. See page 7) RECESS MEETING - CLOSED SESSION At 11:45 a.m., Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting recess to a Closed Session to confer with the City Attorney under author i ty of Government Code 54956. . CLOSED SESSION At 11:45 a.m., the Closed Session was called to order by Mayor Wilcox in the Conference Room of the Council Chambers, City Hall, 300 North "0" 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, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Member Quiel. ADJOURN CLOSED SESSION At 12:35 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, California. RECONVENE MEETING At 12:35 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, California, reconvened in the Council Chambers of City Hall, 300 North "0" 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, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Member Quiel. RECESS MEETING At 12:35 p.m., Mayor wilcox announced that the Regu- lar Meeting of the Mayor and Common Council would recess for lunch. RECONVENE MEETING AT 2:11 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino, California, reconvened in the Council Chambers of City Hall, 300 North "0" 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, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Members Quiel, Frazier. 6 11/4/85 . 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 EARLIER IN THE MEETING This is the time and place continued to for consider- ation of an appeal filed by Gannett Outdoor, on the Plan- ning Commission's decision of denial of Sign Permit Nos. 61024 and 61025 for the construction of a new painted bulletin at 512 East Redlands Blvd., and the demolition of one billboard located at 455 West Fifth Street. (9) APPEAL - 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 EARLIER IN THE MEETING This is time and place continued to for consideration of an appeal filed by Foster & Kleiser on the Planning Commission's decision of revocation of Sign Permit Nos. 61006, 61007, and 61008, for the construction of a new painted bulletin at 726 E. Redlands Blvd. and the demoli- tion of two billboards located at 415 and 390 W. Highland Avenue. (10) . City Attorney Prince recommended that in reference to Item No.9, the hearing be closed and the decision of the Planning Commission be affirmed and the appeal be denied. On Item No. 10 he recommended that the item be continued to the next regularly scheduled meeting and the City Attorney be directed to meet with representatives of Foster & Kleiser to negotiate a reasonable agreement which might permit the billboard to continue at its present location for a designated number of years. . Counc i 1 Member Ma rk s made a mot i on, sec onded by Council Member Reilly and unanimously carried, to continue Item No. 10 to Monday, November 18, 1985, in the Council Chambers of City Hall, 300 North "0" Street, San Bernar- dino, California, and to direct the City Attorney to meet with representatives of Foster & Kleiser to negotiate a proposed agreement which would come before the Mayor and Common Council for its review and consideration and that the agreement be negotiated within the parameter of amor- tization of the sign at the location because of circum- stances presented to the Council this date. (10) Council Member Reilly made a motion, seconded by Council Member Marks that the hearing on the appeal be closed, the decision of the Planning Commission be affirmed and the appeal be denied. City Attorney Prince answered questions relating to a potential lawsuit by Foster & Kleiser. Herb Hennes, Gannett Outdoor, stated he could not see the difference between his company's situation and that of Foster & Kleiser. He explained that all negotiations had been coincided. He stated that state law precludes amor- tization on billboards. . Herb Hennes, Gannett Outdoor, stated for the record that he would like a transcript of today's meeting, and agreed to provide the Council with a letter outlining the costs incurred because of the negotiations regarding the proposed relocation of signs. 7 11/4/85 . Council Member Marks made a substitute motion, seconded by Council Member Hernandez and unanimously car~ ried, that this specific item (Gannett Outdoor appeal) be continued to Monday, November 18, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. (9) APPEAL HEARING - PLANNING COMMISSION'S CONDITIONS OF APPROVAL - HEIGHT AND DENSITY RESTRICTIONS - CONDITIONAL USE PERMIT #85-57 - BETWEEN DEL ROSA AVENUE AND ELMWOOD ROAD - NORTH OF DEL ROSA AVENUE This is the time and place set to hear an appeal filed by Bob Brownsberger, Highland Del Rosa Partnership, applicant, on the Planning Commission's conditions of approval regarding height and density restrictions on Conditional Use Permit #85-57, for a proposed senior citi- zen housing complex to be located between Del Rosa Avenue and Elmwood Road and north of Del Rosa Avenue. (11) . Planning Director Schuma presented the background of the proposed senior citizen housing complex and explained that the complex proposed is to be a three story develop- ment with 207 units, or approximately 46 units per acre. The Planning Commission approved the project with the stipulation that it be no higher than two stories and re- duce the density to 30 units per acre. Bob Brownsberger, 180 Newport Center Drive, Ste. 180, Newport Beach, CA, developer, presented a slide presentation describing the proposed development. Mr. Brownsberger, developer, explained that the pro- posed density is necessary to make it possible to provide the amenities for the development such as full-time regis- tered nurse, limousine service, waitresses, linen table cloths, and full-time security. He explained that the Planning Commission stipulated a maximum height of 30 feet as opposed to the 36 feet he is requesting and that it would be difficult for anyone to distinguish the differ- ence. The nearest residence is about 100 feet away. . Joanne Jones, 6706 Del Rosa Avenue, stated she and her husband live in a home directly facing this project. They had previously objected to this development and had written a letter to that effect, but have since changed their minds and wish to reverse their position by stating they are now in favor of the development. Dorothy B. Jones, whose home is located on the corner of Del Rosa Avenue Avenue and Elmwood Rd., stated that after seeing the drawings of the proposed project, she was in favor of the development. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, to accept the appeal to modify the Planning Commission's recommendation to allow 207 units and the three stories in height and to close the hearing. . PROPOSED HEARING - EXEMPTION OF SCHOOL FACILITY FEES - SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT - LEGISLATIVE REVIEW COMMITTEE'S DECISION - PETITION OF LANDTECH, INC. This is the time and place set to discuss setting a hearing to consider the appeal filed by Parker and Covert on behalf of the San Bernardino City Unified School Dis- trict in connection with the Legislative Review Commit- tee's decision of approval of the petition of Landtech, Inc., for exemption from payment of school facilities fees. (25) 8 11/4/85 . Clayton Parker, attorney for the School District, stated it was their position that Landtech, Inc., was not eligible for an exemption of school facilities fees as there was not a firm commitment from the lender and it had not been recorded, as required. Shelby Obershaw, representing the School Board, concurred with Mr. Parker. Dr. Hal Boring, San Bernardino City Unified School District, urged the Council's consideration and clarifica- tion of this particular issue between the School District and the City. City Attorney Prince answered questions and referred to a legal opinion first written by Deputy City Attorney Wilson and then by him. He stated the opinion did not address whether the commitment was presented within the 30 day period, but only whether or not it was firm and fixed and unconditional. The recording is part of that process. . A discussion ensued regarding the so-called "weasel clause", or escape clause, which is included in most let- ters of commitment, and the matter of interpretation of the resolution. Arnold Darini, Landtech, Inc., stated that the proj- ect had been approved on June 20, 1985. The resolution concerning the exemption fees was passed in August, 1985, and the fees were set in September. The exemption fees for this project would be approximately $100,000. This amount could easily ruin the financial feasibility of this devel- opment. Joseph Ghadir, Landtech, Inc., stated that their lender had come from Nevada to review the project, which indicated their interest. He stated that this is a viable project and would be an asset to San Bernardino, and they were serious in hoping to complete the project. He spoke of many meetings with the City Attorney's Office and the Building and Safety Department in working through the deta ils. . City Attorney Prince stated that Deputy City Attorney Wilson was on vacation and not available to attend today's meeting. patricia Necochea, Project Manager, indicated she had many meetings with Deputy City Attorney Wilson and Frank Ayala, Administrator for the San Bernardino City Unified School District, trying to work out an agreement on the question of an exemption from the school facilities fees. She stated she had also worked with Ray Schweitzer, Deputy City Administrator, on obtaining sewer capacity rights for the project. She further stated that they are now at a point that all they need to do is to pull permits, and asked that they be granted an extension. City Attorney Prince before the Council today, commitment, be resolved. recommended that of a that firm the issue letter of Mr. Darini answered questions, stating he believed they could begin construction sometime in mid January, 1986, or the first of February. . Frank Ayala, Administrator with the City Schools, explained the School's negotiations with the City Attor- ney's Office and the developers in reference to validating the letter of commitment and meeting the criteria for an exemption. 9 11/4/85 (It was agreed that discussion on this matter would be continued to 5:00 p.m. See page 22) . PLANNING COMMISSION REPORT The following recommendations were made at the Planning Commission meeting held on October 22, 1985: That the application for Change of Zone No. 84-17, James White, Owner, and John Sexton, Applicant, to change the land use zoning district from C-3A and R-1-7200, Limited General Commercial and Single-Family Resi- dential to R-3-2000, Multiple-Family Resi- dential, located on an irregularly-shaped parcel of land consisting of approximately 1.3 acres having a frontage of approximate- ly 65 feet on the north side of Foothill Boulevard and being located approximately 255 feet of the centerline of Dallas Street, be recommended for denial. (12) Planning Director Schuma stated that this item relates to General plan Amendment No. 85-2. . Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that the Planning Commission's recommendation for denial be approved. The amendment to the San Bernardino Munici- pal Code, Section 19.78.025, relating to Conditional Use Permits, to clarify stan- dards and to permit requests for deviations to be processed concurrently, was unani- mously recommended for approval. (13) Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, to approve the responses to comments and to adopt the Negative Declaration for environmental review which has been reviewed and considered. . ORD. MC-482 - ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 19.78.025 TO THE SAN BERNARDINO MUNICIPAL CODE TO CLARIFY THAT STANDARDS OF THE UNDERLYING ZONE SHALL APPLY TO A USE ESTABLISHED UNDER A CONDI- TIONAL USE PERMIT, TO PERMIT THE PLANNING COMMISSION TO ALLOW TWELVE MONTHS FOR COM- PLIANCE WITH ANY CONDITION OF THE CONDI- TIONAL USE PERMIT, AND TO PERMIT A REQUEST FOR DEVIATION AS A VARIANCE TO BE PROCESSED CONCURRENTLY WITH A CONDITIONAL USE PERMIT, AND REPEALING SECTION 19.78.020 SUBSECTION 21. FINAL (S-6) City Clerk Clark read the title of the ordinance. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of said ordinance be waived. City Attorney Prince answered questions. Council Member Hernandez made a motion, seconded by Council Member Marks, that said ordinance be adopted. . Ordinance MC-482 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. 10 11/4/85 . DECLARATION OF IMPACTION - RIALTO UNIFIED SCHOOL DISTRICT In a memorandum dated October 21, 1985, Planning Director Schuma stated that the Rialto Unified School District had submitted a Declaration of Impaction. The Mayor and Council of the City of San Bernardino, have, in the past, honored the Declaration of Impaction, on an informal basis. Since the City has adopted a formal pro- cedure for the San Bernardino City Unified School Dis- trict, he recommended that this item be referred to the Legislative Review Committee. (14) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the Mayor and Council refer the Declaration of Impaction from the Rialto Unified School District to the Legislative Review Committee for further review. . PUBLIC WORKS DEPARTMENT - REAL PROPERTY SECTION - MAINTENANCE OF LANDSCAPING - IRVINGTON AVENUE BETWEEN OLIVE AVENUE AND WALNUT AVENUE Pursuant to a memorandum dated October 21, 1985, from Planning Director Schuma, Council Member Marks made a motion, seconded by Council Member Hernandez and unani- mously carried, to adopt the Categorical Exemption (Reso- lution No. 13157, Exhibit "B", Section 3, Class 4) for the maintenance of landscaping under Chapter 12.90 Assessment District for portions of Irvington Avenue between Olive Avenue and Walnut Avenue. (15) Planning exemption as process for a Director Schuma explained the categorical it relates to the environmental review Public Works project. PERSONNEL ACTION - APPOINTMENT - ARNOLD F. BLECHINGER - CHIEF DISPATCHER - POLICE DEPARTMENT - CONTINUED FROM OCTOBER 21, 1985 Council Member Hernandez made a motion, seconded by Council Member Estrada and unanimously carried, that the following personnel action submitted by the Director of Personnel in accordance with all administrative regula- tions of the City of San Bernardino, be approved: (16) PROMOTION . Police Department Arnold F. Blechinger - Chief Dispatcher (MM) - from Dispatch Supervisor (MM) to Chief Dispatcher (MM) - Effective October 22, 1985 HIGHLAND AREA PLAN DISCUSSION - CONTINUED FROM OCTOBER 21, 1985 It was reported that Mayor Wilcox, Council Members Marks and Strickler met with Supervisor Hammock and dis- cussed the matter of proceeding with the entire Highland Area Plan as a joint venture between San Bernardino County and the City of San Bernardino. (17) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, to authorize and direct the Mayor to formally request of the San Bernardino County Board of Supervisors a joint venture for conducting the appropriate study for the eventual adoption of an amendment to the General Plan for San Bernardino-Highland and East Highland Area. . 11 11/4/85 . LEGISLATIVE REVIEW COMMITTEE REPORT - OCTOBER 25, 1985 Council Member Strickler, Chairman of the Legislative Review Committee, presented the report of the Legislative Review Committee meeting held on October 25, 1985. The following items were discussed: (18) 1. Sp~!nkle~~~~~nce After discussion, it was agreed that commercial or industrial buildings of 5,000 square feet of floor area and/or multi-family residential structures of five units or more, be included. A public hearing will be set by the Legislative Review Committee within 30 days. The Committee also recommended that the Building Industrial Association be contacted to provide input. The Fire Department, in coordination with the City Attorney's Office, was asked to be prepared to discuss the language of the proposed amendment. 2. Bingo - Municipal Code Changes The Committee directed a public hearing be set for the next Legislative Review Committee meeting. The Committee recommended the Inland Empire Bingo Operator's Association and the San Bernardino Police Chief attend to discuss any proposed amendment to the current municipal codes. . Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the minutes of the Legislative Review Committee meeting held October 25, 1985, be received and filed. PERSONNEL COMMITTEE REPORT - OCTOBER 28, 1985 - CONTINUED FROM NOVEMBER 1, 1985 This is the time and place continued to for consider- ation of the report of the Personnel Committee meeting held on October 28, 1985. (19) Council Member Reilly, Chairman of the Personnel Committee presented the report of the Personnel Committee meeting held on October 28, 1985. The following items were discussed: . 1. Em.!?~e's Health Plan Administration and Insurance Services After extensive briefings by insurance representatives and question and answer sessions, the Personnel Committee recommended approval of an agreement with John Hancock Mutual Life Insurance Company to provide administrative services and stop loss insurance to the City's Health Program for City employees. 2. Sa~ Adjustment R.S.V.P. and S.C.P. Coordina- tor The Committee referred this item to the City Adminis- trator and Personnel Director for review. 3. Amendment to Resolution No. 10584 (Defining Management Employees). The Personnel Director was asked to revise this per guidance from the Committee and resubmit it to the Committee for review. 4. Attorney and Engineering positions' Study The Committee referred attorney problem to City Administrator to study and return with a scenario on comparable County salaries and compression problem that might result with alternate recommendations. The Committee recommended approval of contract engineer position at salary level consistent with competitive, comparable and realistic professional requisites. . 5. Reclassification - Library Service Specialist The Committee referred this item to the City Administrator and Personnel director for review. 12 11/4/85 . Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the report of the Personnel Committee meeting held October 28, 1985, be received and filed. RES. 85-442 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 10584 ENTITLED IN PART "A RESOLUTION . . . ESTAB- LISHING . . . EMPLOYER-EMPLOYEE RELATIONS . . ."; ADDING THE POSITION OF CONSTRUCTION ENGINEER TO THE MIDDLE-MANAGEMENT UNIT. The City Clerk read the title of the resolution. Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. vote: Marks, Member Resolution No. 85-442 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. . RES. 85-443 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 6413 ENTITL- ED IN PART "RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN. . ."; ADDING THE CLASS OF CONSTRUCTION ENGINEER AT RANGE 2125 ($2012 - 2452). The City Clerk read the title of the resolution. Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 85-443 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Qu i el. . RES. 85-444 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION . . . CREAT- ING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; ESTABLISHING THE POSITION CONSTRUCTION ENGINEER IN THE PUBLIC WORKS/ CITY ENGINEER DEPARTMENT. The City Clerk read the title of the resolution. Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be adopted and said resolution be adopted. vote: Marks, Member Resolution No. 85-444 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Qu iel. . WAYS AND MEANS COMMITTEE REPORT - OCTOBER 28, 1985 Council Member Marks presented the report of the Ways and Means Committee meeting held on October 28, 1985. The following items were discussed: (20) 1. Social Services/Promotion Recommendation Item continued. Evaluation and 13 11/4/85 . 2. Attorney and Engineering positions' Study Action taken by the Personnel Committee meeting concurrently with Ways & Means Committee. (See Personnel Committee minutes dated October 28, 1985, page 12) 3. Senate Bill 300 - Maintenance Money a. The Committee recommended that the estimated $465,000 expected to be received by City as a result of Senate Bill 300, (initial funding) be restricted to arterial street reconstruction/resurfacing projects in the seven wards; funds to be divided equally among the seven wards. It was further recommended that the Council Members work with the Public Services Department in establishing priorities within the seven wards. b. The Committee discussed, although not firm, the strong possibility that an additional allocation (es- timated $460,000) will be available later on this fiscal year. In the discussion, it was strongly recommended that the allocation of this money be restricted to major arter- ial projects within the City on a priority basis as estab- lished by the City Engineer and Director of Public Ser- vices, irrespective of wards. . 4. R-3 Multi-Family Ordinance Amendment The Committee directed the City Administrator to work with the Planning Director in providing a status report at the next Ways and Means Committee meeting. 5. Neighborhood Justice Center The Committee directed the City Administrator to arrange a tour of a Neighborhood Justice Center establ ished in a local California city, with Committee members, City Administrator and City Attorney to attend. . 6. Arrowhead Avenue Rehabilitation The Orange Show Board of Directors have adopted a Development Master plan for future expansion. The Plan includes a provision for the closure and vacation of Arrowhead Avenue between Mill and Orange Show Road. The EDC, at Council direction, is exploring the possibility of sponsoring the proposed "Miracle Mile Sporting Event" on the same street location. The Committee strongly recommended that the City Council review and consider the impacts of the Orange Show and EDC projects on future status of Arrowhead Avenue prior to the City commencing planned FY 85-86 construction work on the designated portion of the street. The City Administrator was directed to obtain all necessary background informa- tion and place this item on the Council Agenda. Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the estimated $465,000, expected to be received by City as a result of Senate Bill 300, (initial funding) be restricted to arterial street reconstruction/resurfacing projects in the seven wards; that funds be divided equally among the seven wards; and that the Council Members work with the Public Services Department in establishing priorities within the seven wards. (20-3a) . Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the additional allocation of $460,000, if and when available, be restricted to major arterial projects within the City on a priority basis as established by the City Engineer and Director of Public Services, irrespective of wards. (20-3b) DEPUTY CITY CLERK ARRIVED At 4:25 p.m., Deputy City Clerk Reese arrived. 14 11/4/85 I . CITY CLERK CLARK EXCUSED At 4:25 p.m., City Clerk Clark left the Council Meeting. A discussion ensued regarding Arrowhead Avenue rehabilitation plans and the proposed plans for the development of a Miracle Mile Race on Arrowhead Avenue, which was approved through a contract that the Economic Development Council is negotiating for the City's review. Council Member Marks Council Member Frazier and report of the Ways and Means ber 28, 1985 be received and made a motion, seconded by unanimously carried, that the Committee meeting held Octo- filed. . AREA TAX FUNDS - $250 - YMCA CHILDREN'S CHRISTMAS PARADE - $3,642 - PILOT PROGRAM FOR CLEAN-UP IN AREA TAX DISTRICT - "FREEZE" AREA TAX CONTRIBUTION TO PARKING DISTRICT. In a memorandum dated October IS, 1985, Raymond D. Schweitzer, Deputy City Administrator, reported that a "Committee of the Whole" of the Central City Advisory Board (Area Tax) met on September 26, 1985, and made the following recommendations: (21) 1. $250 annual donation to YMCA Children's Christmas Parade. 2. 90-day pilot program beginning November I, 1985, for higher level of maintenance and clean-up of Area Tax District at a cost of $3,642. 3. That Area Tax going to Parking Commission be frozen at current 75% level. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the expenditure of $250 from Area Tax funds for the Annual YMCA Children's Christmas Parade be approved. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the expenditure of $3,642 from Area Tax funds for a 90-day pilot program for a concentrated clean-up effort within the Area Tax District be approved. . Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the matter relative to the "freeze" of the Area Tax contribution to the Parking District be referred to the Ways and Means Committee for study ana implementation. CABLE CREEK AREA LANDSCAPE MAINTENANCE DISTRICT - AUTHORIZATION TO PROCEED In a memorandum dated October IS, 1985, Roger Hard- grave, Director of Public Works/City Engineer, stated that a petition had been received requesting the formation of an assessment district for the maintenance of landscaping in the areas to be granted as easements for park purposes in the area located northwesterly of Little League Drive and northeasterly of Interstate Highway 215. (22) . Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the City Engineer and City Clerk be authorized to initiate proceed ings for the establ ishment of an assessment district under the provisions of Chapter 12.90 of the San Bernardino Municipal Code and that the City Engineer be directed to prepare an Engineer's Report for the proposed maintenance of landscaping in the Cable Creek area, in the City of San Bernardino. 15 11/4/85 . FEDERAL BRIDGE REPLACEMENT PROGRAM ~ VALLEY STREET BRIDGE OVER WARM CREEK ~ CONFIRMATION OF COMPLIANCE WITH REQUIREMENTS In a memorandum dated October 15, 1985, Roger Hard- grave, Director of Public Works/City Engineer, stated that an amount of $140,000 had been allocated from California's Federal Highway Bridge Replacement and Rehabilitation Program, for Fiscal Year 1985-86, to finance 80% of the total estimated project cost of $175,000. The remaining 20% will have to be provided from Local Agency Funds. If the City desires to proceed with this project, confirma- tion in writing will need to be submitted to Caltrans that the requirements for qualification under this program will be complied with. Mr. Hardgrave recommended that confir- mation be given. (23) . Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that confirmation be granted that the City of San Bernardino will comply with the requirements for qualification for funding under the Federal Bridge Replacement Program, for Valley Street Bridge over Warm Creek, and will allocate $35,000 to cover the 20% Local Agency Share of the total project cost. POLICE COMMUNITY SERVICES OFFICE - LEASE WITH ARNOLD/PACIFIC PROPERTIES - TERMINATION - NEW LEASE WITH STATER BROS. In a memorandum dated October 22, 1985, Police Chief Gonzales explained that upon negotiating a new lease with Arnold-Pacific Properties for the Police Department Com- munity Service Office at Highland and Sterling, the De- partment was told they would be required to move due to construction on the site. Subsequently, they were con- tacted by David Moore, Property Manager for Stater Bros. Markets with a proposal to relocate at the Stater Bros. Plaza at Highland and Sterling Avenue under the same fees and conditions currently in force under the lease with Arnold-Pacific Company. (24) . Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that ap- proval be given to terminate the current lease with Ar- nold/Pacific properties; that approval be given to relo- cate the Police Community Service Office from Highland and Sterling Avenues at a moving cost of $3,000; that approval be given to move the City owned trailer to a new site at the Stater Bros. Plaza at Highland and Palm Avenues and that a new lease be established with Stater Bros. for the new site; and that the new lease with Stater Bros. contain the same fees, terms and conditions as currently stated in the lease with Arnold-Pacific. READING AND WAIVING OF ALL RESOLUTIONS ON THE AGENDA The Deputy City Clerk read the titles of all the resolutions on the Agenda. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of all the resolutions on the Agenda be waived. . RES. 85-445 - RESOLUTION OF THE CITY OF SAN BERNARDINO SUPPORTING STATE SENATE JOINT RESOLUTION NO. 30, OPPOSING ELIMINATION OF DEDUCTION IN INCOME TAX FOR STATE AND LOCAL TAXES. (26) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. 16 11/4/85 . Resolution No. 85-445 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 85-446 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT WITH PRIVATE MEDI- CAL-CARE, INC., EXTENDING THE TERM FOR AN ADDITIONAL YEAR EFFECTIVE JANUARY 1, 1986. (28) Council Member Marks made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 85-446 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. . RES. 85-447 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MISSION DENTAL HEALTH PLAN FOR EMPLOYEE'S GENERAL DENTISTRY PLAN WITH ORTHODONTIC BENEFITS, EFFECTIVE JANU- ARY 1, 1986. (29) City Administrator Matzer answered regarding provisions of the dental plan. questions Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. vote: Marks, Member Resolution No. 85-447 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. . RES. 85-448 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT OF SALE WITH THE SAN BERNARDINO RAILROAD HISTORICAL SOCIETY, INC., RELATING TO THAT CERTAIN RAILROAD STEAM LOCOMOTIVE, CONSISTING OF A LOCOMOTIVE ENGINE, TENDER AND ANCILLARY EQUIPMENT HAVING THE DESIGNA- TION "EX-SANTA FE 3751", AND BILL OF SALE THEREFOR. (27) The Council discussed possible alternate disposition plans for Locomotive 3751. Council Member Strickler made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 85-448 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: Council Member Marks. Absent: Council Member Quiel. RES. 85-449 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH KAISER FOUNDATION HEALTH PLAN, INC., RELATING TO A CHANGE IN RATES, EFFECTIVE JANUARY 1, 1986. (30) . City Administrator Matzer answered questions. 17 11/4/85 . Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. vote: Marks, Member Resolution No. 85-449 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. RES. 85-450 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE WITH GEORGE AGUI- LAR RELATING TO A ONE YEAR EXTENSION OF THE TERM OF THE LEASE FOR PREMISES LOCATED AT 645 NORTH MT. VERNON AVENUE. (31) Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. . vote: Marks, Member Resolution No. 85-450 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. RES. 85-451 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE POLICE DEPARTMENT. (32) Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. Resolution No. 85-451 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes. None. Absent: Council Member Quiel. . RES. 85-452 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO COUNTY OFFICE ON AGING PERMITTING THE POLICE DE- PARTMENT TO UTILIZE A SENIOR CITIZEN TO HELP WITH CLERICAL WORK IN THE RECORDS BUREAU. (33) Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. vote: Marks, Member Resolution No. 85-452 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF FIRST AMEND- MENT TO AGREEMENTS WITH THE CITIES OF RIALTO, COLTON, LOMA LINDA, AND REDLANDS, AND COUNTY OF SAN BERNARDINO RELATING TO A ONE YEAR EXTENSION OF THE TERM OF THE AGREEMENTS AND AN INCREASE IN THE FEE FOR IMPOUNDING CANINES AND FELINES FOR FISCAL YEAR 1985-1986. (34) . Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be referred to the Ways and Means Committee for a report back on November 18, 1985. 18 11/4/85 . RES. 85-453 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION PARCEL MAP 7405, LOCATED ON THE NORTH SIDE OF CENTRAL AVENUE, 285 FEET EAST OF VALLEY VIEW AVENUE, 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. (35) Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Marks, Member Resolution No. 85-453 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. . RES. 85-454 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR EXCHANGE OF REAL PROPERTY BETWEEN THE CITY OF SAN BERNARDINO AND BLOCK BROS. INDUSTRIES (U.S.A), INC., AND DETERMINING THAT THE PROPERTY TO BE EX- CHANGED HAS A VALUE OF LESS THAN $2,000.00. (38 ) Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Marks, Member Resolution No. 85-454 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. RES. 85-455 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE AMOUNT OF PROP- ERTY TAX REVENUES TO BE EXCHANGED BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO RESULTING FROM THE JURIS- DICTIONAL CHANGE DESCRIBED BY LAFC NO. 2353. (36) . City Administrator Matzer answered questions, stating that the amount of property tax being proposed to be transferred from the County to the City was analyzed by the City Administrator's Office and the Finance Department. Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 85-455 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. . RES. 85-456 - RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THE AMOUNT OF PROP- ERTY TAX REVENUES TO BE EXCHANGED BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO RESULTING FROM THE JURIS- DICTIONAL CHANGE DESCRIBED BY LAFC NO. 2354. (37) 19 11/4/85 1- . Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 85-456 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 85-457 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PAR- CELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF A PUBLIC NUISANCE. (1182 NORTH "G" STREET, 855 WEST ORANGE STREET, 863 NORTH SIERRA WAY.) (39) Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. . vote: Marks, Member Resolution No. 85-457 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. RES. 85-458 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, TO PROVIDE THAT SUCH COMPANY SHALL FURNISH ADMINISTRATIVE SER- VICES AND STOP LOSS INSURANCE RELATIVE TO THE CITY'S HEALTH PROGRAM FOR ITS EMPLOYEES. (40) City Administrator regarding benefits provided Life Insurance Company. Matzer answered questions under the John Hancock Mutual A discussion ensued regarding whether or not the provisions of said resolution should be considered as a Meet and Confer matter. . Skip Kulikoff, Executive Secretary of the San Bernar- dino and Rialto Fire Fighters, explained that in 1981 the group he represents came under the City's Health Plan, which gave employees a lesser premium to pay, resulted in slightly lower coverage, and in turn, increased the City's buying power. In his position as Executive Secre- tary, he heard complaints about the service of Blue Cross. It was his opinion that the Meet and Confer process took place in 1981 and is not needed at this time. Council Member Marks made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-458 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Frazier, Strickler. Noes: Council Member Hernandez. Absent: Council Member Quiel. . ORD I NANCE OF THE CITY OF SAN BERNARD I NO FIRST AMENDING CHAPTER 12.20 OF THE SAN BERNAR- DINO MUNICIPAL CODE TO PROVIDE THAT PUBLIC CONTRACTS SHALL BE GOVERNED BY THE PUBLIC CONTRACT CODE RATHER THAN THE GOVERNMENT CODE, AND INCREASING THE EXPENDITURE FROM FOUR THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS FOR A PUBLIC PROJECT WHICH MUST BE CONTRACTED FOR AND LET TO THE LOWEST RES- PONSIBLE BIDDER AFTER NOTICE. (41) 20 11/4/85 Deputy City Clerk Reese read the title of the ordinance. . City Attorney Prince answered questions regarding said ordinance, stating that it is primarily a house- keeping measure. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that first reading of the ordinance be waived and said ordinance be laid over for final passage. GENERAL REPORTS AND CORRESPONDENCE Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the following items be filed: (42) a. Civil Service Eligibility Lists for: . Welder II Custodial Aide Composition & Layout Clerk Maintenance Plumbing Technician Teacher Aide-Head Start Center Vista Volunteer Records Management Clerk Engineering Aide Security Officer Custodial Aide Recreation Aide b. Report relative to Reserve Sewer Capacity Rights - Raymond D. Schweitzer, Deputy City Administrator d. Two alcoholic beverage applications for the following new and transferred licenses: NEW Bonita C. & Jack H. Reynolds, dba The Music Room 4360 N. Sierra Way On Sale General TRANSFERRED . Frank & Irene Montano, Rachel A. Montano, dba Mitla Cafe 602 N. Mt. Vernon Avenue On Sale Beer & Wine GENERAL REPORTS AND CORRESPONDENCE - APPLICATION OF GENERAL TELEPHONE COMPANY OF CALIFORNIA - INCREASE RATES AND CHARGES Decision 85 10 077, dated October 17 1985, by the Public Utilities Commission of the State of California, relating to the applications of General Telephone Company of California and Pacific Telephone and Telegraph Company, for authority to increase certain intrastate rates and charges for telephone service, was presented. (42-c) . Toward utility Rate Normalization (TURN) had applied for hearing of D. 85-08-093, and Continental Telephone Company of California (ConTel) responded, urging denial of TURN'S application as it relates to aspects of the decision relevant to ConTel. The Public Utilities Commission concluded that good cause for rehearing was not shown. 21 11/4/85 . council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the City Attorney be directed to prepare a resolution in opposition to increase in rates of telephone companies, for consideration at the Council Meeting of November 18, 1985. GENERAL REPORTS AND CORRESPONDENCE The following application concerning a new beverage license was considered: alcoholic (42-d) NEW George D. Clubb, dba Product Mart 101 N. Mt. Vernon Avenue Off Sale Beer & Wine City Attorney Prince answered questions regarding protests against the issuance of alcoholic beverage li- censes. He stated that a protest could be presented on the grounds that the location wasn't appropriate or that it didn't meet zoning regulations. . The application for a new alcoholic beverage license at 101 N. Mt. Vernon was discussed, as it was reported there were already many businesses in that area that dis- pense alcoholic beverages. Council Member Marks made a motion seconded by Council Member Hernandez and unanimously carried, that the item relating to an application by George D. Clubb, dba Product Mart, 101 N. Mt. Vernon Avenue, for an alcoholic beverage license, be continued to later in the meeting. (See page 31) LIQUOR ESTABLISHMENT IMPACT Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, to refer to the Legislative Review Committee the question of the impact of liquor establishments, on and off sale, and report back to the Council as soon as possible. . PROPOSED HEARING - EXEMPTION OF SCHOOL FACILITIES FEES - SAN BERNARDINO UNIFIED SCHOOL DISTRICT FEES - LEGISLATIVE REVIEW COMMITTEE'S DECISION - PETITION OF LANDTECH, INC. - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for consider- ation of a request to set a hearing to consider the City Unified School District's appeal on the Legislative Review Committee's decision in connection with the petition of Landtech, Inc., to be exempt from payment of school facil- i ties fees. (25) City Attorney Prince stated that Sr. Assistant City Attorney Briggs had reviewed the file regarding the School Facilities Fees and all letters accepted for exemptions have a firm letter of commitment. Sr. Assistant City Attorney Briggs answered questions of the Council. . Joseph Ghadir stated that Landtech was not properly prepared for defending their position at this hearing, and asked for a continuance so they could come back with Counsel. He also asked that the 30 day notice be extended at the same time. Attorney Clayton Parker, representing the San Bernar- dino City Unified School District, stated that the School District's request for impaction fees from the County of 22 11/4/85 . San Bernardino is being heard on November 18, 1985, before the Board of Supervisors, and might conflict with their appearance before the Common Council on that date. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the matter of the exemption of Landtech, Inc., from School Facilities Fees be continued to Tuesday, November 12, 1985, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CHANGE ORDER NO. TWO - CONSTRUCTION OF BOX CULVERT - FORTIETH STREET AND THIRD AVENUE - (DEVIL CREEK CHANNEL) - E. L. YEAGER In an undated memorandum, Roger Hardgrave, Director of Public works/City Engineer, explained the reasons for the decrease of cost in Change Order No. Two to the con- tract with E. L. Yeager Construction for construction of a box culvert at Fortieth Street and Third Avenue (Devil Creek Channel). (S-l) . Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to ap- prove Change Order No Two to the contract with E. L. Yeager Construction Company, Inc., for the construction of a box culvert at Fortieth Street and Devil Creek Channel, in accordance with Plan No. 6503; to authorize the reduc- tion of 400 L.F. of rail and wire revetment (removal and reconstruction) at a net decrease in contract price of $15,400.00 from $545,011.25 to $529,611.25.) CHANGE ORDER NO. THREE - CONSTRUCTION OF BOX CULVERT - FORTIETH STREET AND THIRD AVENUE - (DEVIL CREEK CANYON) - E. L.YEAGER In a memorandum dated October 31, 1985, Roger Hard- grave, Director of Public Works/City Engineer, explained the reasons for the increase in cost in Change Order No. Three to the contract with E. L. Yeager for construction of a box culvert at Fortieth Street and Third Avenue (Devil Creek Canyon). (S-2) . Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to ap- prove Change Order No Three to the contract with E. L. Yeager Construction Company, Inc., for the construction of a box culvert at Fortieth Street and Devil Creek Channel, in accordance with Plan No. 6503; to authorize an increase in width of the barrier wall of four inches from eight to twelve inches on both ends of the box culvert, thus increasing Bid Item No. 12, Portland Cement concrete of the box culvert approximately two cubic yards for a net increase in contract price of $476.00 from $529,611.25 to $530,087.25. CHANGE ORDER NO. EIGHT - CONSTRUCTION OF NEW TIPPECANOE AVENUE BRIDGE OVER SANTA ANA RIVER - KASLER CORPORATION In a memorandum dated October 31, 1985, Roger Hard- grave, Director of Public Works/Ci ty Eng ineer, explained the reasons for Change Order No. Eight to contract with Kasler Corporation for construction of the new Tippecanoe Avenue Bridge over the Santa Ana River. (S-3) . Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to approve Change Order No. Eight to the contract with Kasler Corporation, for construction of the new Tippecanoe Avenue Bridge, in accordance with Plan No. 6358; to authorize payment for installing a 4" P.V.C. conduit, with a 1/4" nylon pull rope, at the Gage Canal crossing at a net increase in the contract price of $1,200.00, from $4,303,725.00 to $4,304,925.00. 23 11/4/85 . CHANGE ORDER NO. NINE - FUNDS TO COMPENSATE CONTRACTOR FOR "ON-THE-JOB" TRAINING - SIX TRAINEES - CONSTRUCTION OF NEW TIPPECANOE AVENUE BRIDGE OVER SANTA ANA RIVER - KASLER CORPORATION In a memorandum dated October 30, 1985, Roger Hard- grave, Director of Public Works/City Engineer, explained the reasons for Change Order Nine to the contract with Kasler Corporation for construction of the new Tippecanoe Avenue bridge over the Santa Ana River. (S-4) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to approve Change Order No. Nine to the contract with Kasler Corporation, for construction of the new Tippecanoe Avenue Bridge, in accordance with Plan No. 6358; to authorize funds to compensate the contractor for "on-the-job" training for six trainees, at a cost not to exceed $800.00 per trainee, at a net increase in the contract price of $4,800.00, from $4,304,925.00 to $4,309,725.00. . RES. 85-459 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WI TH SOUTHERN CAL I FORN I A GAS COMPANY RELATING TO REFUNDING CERTAIN UTIL- ITY USER TAXES. (S-5 ) Deputy City Clerk Reese read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. vote: Marks, Member Resolution No. 85-459 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. . RECESS MEETING - CLOSED SESSION At 5:30 p.m., Council Member Estrada made a motion, seconded by Council Member Marks and unanimously carried, that the Regular Meeting recess to a Closed Session under authority of Government Code 54956.9(a) to confer with its Attorney regarding pending litigation which has been initiated formally and to which the City is a party. The case is English and English, also known as English Enterprises, Inc., in a U. S. Bankruptcy Court Case 85-035443DN. CLOSED SESSION At 5:30 p.m., the Closed Session was called to order by Mayor wilcox in the Conference Room of the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler; City Attorney Prince, Sr. As- sistant City Attorney Briggs, City Administrator Matzer. Absent: Council Member Quiel; Deputy City Clerk Reese. . Also present: Glenda Saul, Executive Director of the Redevelopment Agency, Attorney William J. Simon. 24 11/4/85 . ADJOURN CLOSED SESSION At 6:05 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 6:05 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the Deputy City Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler; City Attorney Prince, Deputy City Clerk Reese, City Administrator Matzer. Absent: Council Member Quiel. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. . COMMUNITY ARTS PRODUCTION ALLOCATION - RECOMMENDATION OF FINE ARTS COMMISSION In a memorandum dated November 4, 1985, Thelma Press, Liaison for the Fine Arts Commission, explained that at their meeting held on November 1, 1985, The Fine Arts Commission recommended approval of a grant request of $17,000 to the Community Arts Production. Due to musician's contracts and other commitments, payments to the various entities involved in the prOduction of "The Nutcracker" by the Community Arts Production must be settled by December 8, 1985. Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that the grant request of $17,000 for the Community Arts production be approved, per recommendation of the Fine Arts Commission. . APPOINTMENTS - CABLE TELEVISION COMMISSION - DR. ROBERT SENOUR - ROBERT EMMETT SMITH Pursuant to two memoranda dated October 31, 1985, from Mayor Wilcox, Council Member Estrada made a motion, seconded by Council Member Marks and unanimously carried, to confirm the appointments of Dr. Robert Senour, 255 North Road, San Bernardino, CA 92404 and Robert Emmett Smith, 1051 W. 11th Street, San Bernardino, CA 92411 as members of the Cable Television Commission, representing the Mayor's Office. 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 MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. . CHANGE ORDER NO. SEVEN - CONSTRUCTION OF INTERIOR FOR NEW CENTRAL LIBRARY - BERRY CONSTRUCTION In a memorandum dated October 17, 1985, Roger Hard- grave, Director of Public Works/City Engineer, explained that Change Order No. Seven to the contract with Berry Construction, Inc., authorized additional compensation for costs incurred in protecting interior drywall work from inclement weather. Mr. Hardgrave also attached a copy of 25 11/4/85 . the memorandum dated October 11, 1985 Construction Manager, recommending that Seven be approved. Mr. Hardgrave stated that recommendation. from Bill Doran, Change Order No. he concurred with (R-6) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to ap- prove Change Order No. Seven to the contract with Berry Construction, Inc. for construction of interior for the New Central Library, in accordance with Plan No. 6467; to authorize additional payment to the contractor as compen- sation for costs incurred in protecting drywall installa- tion of access hatch in restroom, and approve credit for substitution of skylight beam, at a new increase in the contract price of $2,172.42, from $1,602,653.64 to $1,604,826.06. . TEFRA PUBLIC HEARING - NOBLE PROPERTIES, INC. PROJECT - 6TH STREET BETWEEN STERLING AVENUE AND LANKERSHIM AVENUE - CONTINUED FROM OCTOBER 21, 1985 This is the time and place continued to for a TEFRA public hearing to consider financing to applicant Noble properties, Inc., for the construction of a 300 unit mul- tifamily rental housing development on property located on the north side of 6th Street between Sterling Avenue and Lankershim Avenue, in the amount of $15,910,000. (R-7) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the TEFRA public hearing for Noble Properties, Inc., be continued to Monday, November 18, 1985, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. TEFRA PUBLIC HEARING - SIMA PARTNERSHIP NUMBER ONE - PROJECT TWO - NORTHEAST CORNER OF MILL AND "G" STREETS, EXCLUDING CORNER - CONTINUED FROM OCTOBER 21, 1985 This is the time and place continued to for consider- ation of a TEFRA public hearing to consider financing in the amount of $6,000,000 for Applicant SIMA Partnership No. Two for acquisition and construction of 8.3 acres for nineteen buildings, leasable for industrial and/or re- search purposes on property located on the northeast cor- ner of Mill and "G" Streets, excluding corner. (R-8) . Council Member Estrada made a motion, seconded by Council Member Marks and unanimously carried, that the TEFRA public hearing for SIMA Partnership No. One Project Two, be continued to Monday, November 18, 1985, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. TEFRA PUBLIC HEARING - S.P. COMMERCIAL DEVELOPMENT PROJECT - 155 W. CAROLINE STREET This is the time and place set for a TEFRA public hearing to consider financing for applicant S. P. Commer- cial Development, a California Limited Partnership, in the amount of $1.4 million for construction of 62,000 sq. ft. public storage facility located at 155 W. Caroline Street. (R-IO) . Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that the TEFRA public hearing for S. P. Commercial Development, be continued to Monday, November 18, 1985, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. 26 11/4/85 . RESOLUTION OF THE W,YOR N~D COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CER'rAIN ACTIONS IN CONNECTION WITH THE AUTHORIZATION, SALE AND ISSUANCE OF ITS CITY OF SAN BERNARDINO, CALIFORNIA, MULTI- FAMILY HOUSING REVENUE BONDS 1985 SERIES (CASTLE PARK APARTMENTS PROJECT) IN A PRIN- CIPAL AMOUNT NOT TO EXCEED $22,000,000. (R-14) Glenda Saul, Executive Director of the Redevelopment Agency, asked that said resolution be tabled, and explained that this matter will be brought back to the Housing Authority on November 18, 1985. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be tabled. . RES. 85-460 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO PROVIDING FOR CERTAIN AMENDMENTS TO A FINANCING AGREEMENT AND APPROVING SAID AMENDMENTS. (Best Products, Inc.) (R-12) The Deputy City Clerk read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resol ution be wai ved and said resolution be adopted. vote: Marks, Member Resolution No. 85-460 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. . RES. 85-461 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE ITS MULTIFAMILY MORTGAGE REVENUE BONDS; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS; AND MAKING CERTAIN OTHER FIND- INGS AND DE'rERMINATIONS IN CONNECTION THEREWITH (LEISURE PARK APARTMENTS PROJECT). (R-13) The Deputy City Clerk read the title of the resolution. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions. Council Member Reilly made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. vote: Marks, Member Resolution No. 85-4bl was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. . RES. 85-462 RESOLUTION OF THE CITY COUNCIL OF SAN BERNARDINO, CALIFORNIA, TRANSFERRING TO THE CITY OF RIDGECREST, CALIFORNIA, A PORTION OF THE CALENDAR YEAR 1985 PRIVATE ACTIVITY BOND LIMIT OF THE CITY OF SAN BERNARDINO, CALIFORNIA. (R-15) 27 11/4/85 The Deputy City Clerk read the title of the resolution. . Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 85-462 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 85-463 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND A CENTER FOR ENRICHMENT. (R-16) The Deputy City Clerk read the title of the resolution. . Counc i 1 Member Marks made a mot i on, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 85-463 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. PUBLIC HEARING - JOBS BILL TRANSFER - VALLEY TRUCK FARM SEWER PROJECT This is the time and place set for a public hearing to consider of unexpended Jobs Bill funds for partial financing of construction of sewer mains in the Valley Truck Farm area. (R-17) Chairman Wilcox opened the hearing. . In a memorandum dated October 28, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, explained the background of funding for the Valley Truck Farm Sewer Project. After previous discussion and receiving word from HUD that Jobs B ill Funds could be used for this purpose, the Mayor and Common Council approved, subject to a public hearing, the transfer of $96,000 from the Jobs Bill appropriation and $188,000 from the City's Sewer Line Construction Funds, to be reimbursed from subsequent years Community Development Block Grants. Mr. David Rodriquez asked if funding other than the Jobs Bill money had been considered. Ken Henderson, Community Development Manager, ex- plained that in December 1981, the City received a revised cost estimate of $634,000 from the City Engineer for the Valley Truck Farm Sewer Project. The original estimate was $400,000. The Mayor and Council decided, at the time the revised estimated was received, to partially finance the revised cost with $96,000 from Jobs Bill Funds. He also stated that HUD had indicated there must be a public hearing prior to the formal transferring of the $96,000 from the Jobs Bill Funds. . Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to close the hearing and to approve the transfer of unexpended 28 11/4/85 . Jobs Bill Funds for the purpose of partially financing the construction of sewer mains in the valley Truck Farm Area in accord with previous Mayor and Common Council action. RES. 85-464 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DUNCAN CONSTRUCTION FOR CONSTRUCTION OF COMMUNITY CENTER IN NICHOLSON PARK. (R-18) The Deputy City Clerk read the title of the resolution. Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 85-464 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. . NICHOLSON PARK COMMUNITY CENTER - SUPPLEMENTAL FUNDING In a memorandum dated October 28, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, explained what additive alternates were included in the supplemental funding of $48,809 for the Nicholson Park Community Center. (R-19) Ken Henderson, Communi ty Development Manager, specified the following additive alternates: #3 - wood ceiling; #4 - folding partition and glass above; #5 - quarry tile in lobby; #6 - carpet; #10 - P. A. system. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, to approve supplemental funding in the amount of $48,809 for Nicholson Park Community Center, which includes the basic bid plus additive alternates 3, 4, 5, 6, and 10. . CDBG ENTITLEMENT AND JOBS BILL - GRANTEE PERFORMANCE REPORTS In a memorandum dated October 29, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, presented grantee performance reports for CDBG and Jobs Bill Funds that have previously been submitted to the U. S. Department of Housing and Urban Development. (R-20) Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that the CDBG Entitlement and Jobs Bill Grantee Performance Reports be received and filed. READING AND WAIVING OF ALL RESOLUTIONS ON THE REDEVELOPMENT AGENCY SUPPLEMENTAL AGENDA The Deputy City Clerk read the titles of all the resolutions on the Redevelopment Agency Supplemental Agenda. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolutions on the Redevelopment Agency Supplemental Agency Agenda be waived. . 29 11/4/85 . RES. 85-465 - RESOLUTION OF THE MAYOR fu~D COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, SETTING A JOINT PUBLIC HEARING WITH THE COMMUNITY DEVELOPMENT COMMISSION OB THE CITY OF SAN BERNARDINO IN CONNECTION WITH THE REVIEW AND CONSIDERA- TION OF A CERTAIN 1985 YEAREND REPORT OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REGARDING HOUSING DEVELOPMENT AND LOW-INCOME HOUSING ASSISTANCE POLICIES. (RS-l) Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. vote: Marks, Member Resolution No. 85-465 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. . RES. 85-466 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, APPROVING THE ISSUANCE BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO OF AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $22,500,000 OF REDEVELOPMENT AGENCY OF 'rHE CITY m' SAN BERNARDINO, CEN- TRAL CITY REDEVELOPMENT PROJECT, TAX ALLO- CATION REFUNDING BONDS, ISSUE OF 1985, AND MAKING CERTAIN DETERMINATIONS RELATING THERETO. (RS-2) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. Resolution No. 85-466 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. . BEAUTIFICATION - WATERMAN AVENUE MEDIAN - DUMAS STREET TO CENTRAL AVENUE - VALLEY TRUCK FARM SEWER FUNDS In a memorandum dated October 31, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, explained the use of certain funds to beautify the Waterman Avenue median from Dumas Street to Central Avenue. The work would be accomplished by City forces. (RS-3) Council Member Marks made a motion, seconded by Council Member StriCkler and unanimously carried, to ap- prove the reallocation of $23,741 in Valley Truck Farm Sewer Funds (CDBG) to be applied to the beautification of the Waterman Avenue median from Dumas Street to Central Avenue. ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING A HOME MORTGAGE FINANCE PROGRAM FOR LOW-AND MODERATE-INCOME FAMILIES PURSUANT TO PART 5 OF DIVISION 31 OF 'rHE CALIFORNIA HEALTH AND SAFETY CODE AND AUTHORIZING CITY OFFICERS TO IMPLEMENT THE PROGRAM. (RS-5) . The Deputy City Clerk read the title of the ordinance. 30 11/4/85 . Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that first reading of the ordinance be waived and said ordinance be laid over for final passage. RES. 85-467 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, APPROVING CERTAIN DOCU- MENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE AUTHORIZATION, SALE AND ISSUANCE OF ITS CITY OF SAN BERNARDINO, CALIFORNIA, MULTIFAMILY HOUSING REVENUE BONDS (GREAT AMERICAN FIRST SAVINGS BANK/ WARM CREEK APARTMENTS PROJECT) SERIES 1985, IN A PRINCIPAL AMOUNT NOT TO EXCEED $11,220,000. (RS-6) Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that said resolution be adopted. . Resolution No. 85-467 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Frazier, Strickler. Noes: Council Member Hernandez. Absent: Council Member Quiel. RECESS MEETING - CLOSED SESSION At 6:35 p.m., Council Member Marks made a motion, seconded by Counci 1 Member Hernandez and unanimously carried, that the Regular Meeting recess to a Closed Session to meet with its designated representatives regarding Labor Relations matters pursuant to Government Code Section 54957.6. CLOSED SESSION At 6:35 p.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Absent: Council Member Quiel, City Attorney Prince; Deputy City Clerk Reese, City Administrator Matzer. ADJOURN CLOSED SESSION At 6:55 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING AT 6:55 P.M., the Regular Meeting of the Mayor and Cornmon Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ALCOHOLIC BEVERAGE LICENSE - 101 N. MT. VERNON CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for discus- sion on the application by George D. Clubb, dba Product Mart, 101 N. Mt. Vernon for a alcoholic beverage license. (42d) . Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the matter relating to the application by George D. Clubb for an alcoholic beverage license at 101 N. Mt. Vernon Avenue 31 11/4/85 be continued to Tuesday, November 12, 1985, Chambers of City Hall, 300 North "0" Bernardino, California. in the Counci I Street, San . PUBLIC HEARING - GENERAL EMPLOYEES IMPASSE Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that a public hearing on the General Employees Impasse be sched- uled for Monday, November 18, 1985, at 6:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. AOJOURNMENT At 7:00 p.m., Council Member Estrada made a motion, seconded by Council Member Frazier and unanimously carried, that the meeting be adjourned to Tuesday, November 12, 1985, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ~///w~0M City Clerk rUtUuV ~ Deput~ City Clerk . . . 32 11/4/85