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HomeMy WebLinkAbout11-18-1985 Minutes City of San Bernardino, California . November 18, 1985 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:05 a.m., Monday, November 18, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Phil Arviso, Executive Assistant to Council. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Estrada. . ROLL CALL Roll Call was taken by the Ci ty Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Member Frazier. APPRECIATION - MR. AND MRS. IRVING STEIMAN Richard Bennecke, Administrative Assistant to the Mayor, introduced Irving and Hilda Steiman to the Council as donators to the City of real property located between lOth and 11th Streets, described as Lot 2, Tract 2141 as per plat recorded in Book 31 of Maps, page 33, records of said County. Mayor Wilcox presented Mr. and Mrs. Steiman with a plaque of appreciation for their generosity in donating the land to the City. Mayor Wilcox also presented Mr. and Mrs. Steiman with a Key to the City. . APPROVAL AND ACCEPTANCE OF WORK - IRRIGATION AND LANDSCAPING - BLAIR PARK - BOB BRITTON, INC. In a memorandum dated November 6, 1985, Roger Hard- grave, Director of Public Works/Engineering, stated that the irrigation and landscaping of Blair Park performed by Bob Britton, Inc., was satisfactorily completed as of November 1, 1985. (3) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the work performed by the contractor, in accordance with Specification No. 6734, be approved and accepted; and that final payment be authorized at the expiration of the lien period. APPROVAL AND ACCEPTANCE OF WORK SIGNALS AT FIVE INTERSECTIONS - MANAGEMENT SYSTEMS, INC. In a memorandum dated Hardgrave, Director of Public that the modifications of intersections per Plan No. completed as of September 12, - TRAFFIC INTERSECTION November 5, 1985, Roger Works/Engineering, stated traffic signals at five 6163 were satisfactorily 1985. (4) . Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the work performed by the contractor, in accordance with Plans and Specifications No. 6163 be approved; and that final payment be authorized at the expiration of the lien period. . CLAIMS AND PAYROLL Council Member Hernandez made a motion, Council Member Reilly and unanimously carried, demands against the City and authorize the warrants as follows: seconded by to approve issuance of (5 ) 1. Approve the register of demands dated: October 29, 1985 November 4, 1985 85/86 #13 85/86 #14 $1,974,933.80 1,310,996.59 2. Approve a supplemental to the total gross payroll for the period September 30, 1985, through October 13, 1985, in the amount of $4,234.65. 3. Approve the total gross payroll for the period October 14, 1985, through October 27, 1985, in the amount of $1,148,950.07. COUNCIL MEMBER FRAZIER ARRIVED At 9:12 a.m., Council Member Frazier arrived at the Council Meeting and took his place at the Council Table. . APPROVE MINUTES - OCTOBER 21, 1985 - NOVEMBER I, 1985 Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, to con- tinue the approving of the Minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 21st of October, 1985, and the 1st of Nov- ember, 1985, until later in the afternoon when the Council convenes as the Redevelopment Agency. (1 & 2) PERSONNEL ACTIONS Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the personnel actions submitted by the Director of Personnel in accordance with all administrative regulations of the City of San Bernardino, be approved and ratified, with the exception of the promotional appointment of Christopher D. Cook and appointment John P. Gridley to Park Maintenance Leadpersons. (Reconsideration - See Page 32). (6) APPOINTMENTS . Police Cecelia Cortez - Intermediate Typist Clerk - Effective November 19, 1985 Regine Vasquez - Junior Typist Clerk - Effective November 19, 1985 Deanna McElhinney - Dispatcher I - Effective September 30, 1985 Public Buildings patricia Toms - Junior Typist Clerk - Effective November 19, 1985 Public Works/Central Garage Jose A. Martinez - Welder II - Effective November 5, 1985 . Parks & Recreation & Community Services James C. Mallory - Maintenance Plumbing Technician - Effective November 5, 1985 2 11/18/85 REMOVAL FROM PROVISIONAL APPOINTMENT . Emergency Services/Risk Management Joyce Marion - From Emergency Services & Safety Officer to Emergency Services Aide, Step 3 - Effective October 14, 1985 TEMPORARY APPOINTMENTS Parks, Recreation & Community Services Maria D. Abrego - Food Service Supervisor I - Effective November 19, 1985 Joan E. Chacon Recreation Leader/Part-Time Effective November 19, 1985 Irene Cromwell - Food Service Worker I/part-Time - Effective November 19, 1985 Marjorie L. DeLeva - Food Service Supervisor II - Effective November 19, 1985 . priscilla A. Giles - Food Service Worker II/part- Time - Effective November 19, 1985 James Humphrey - Recreation Leader/Part-Time - Effective November 19, 1985 Pamela L. Kiesel - Senior Recreation Leader/Part- Time - Effective November 19, 1985 Andrew Kruk - Recreation Leader/Part-Time - Effective November 19, 1985 Roxanne K. Villalobos - Recreation Aide/Part-Time - Effective November 19, 1985 Recreation Leader Stephanie Jimenez Fulton Lee - Effective November 19, 1985 - Les li Hysong Ronald Trujillo . Senior Recreation Leader Deirdra Brown Beverly Overton -Effective November 19, Ruben Campos Raymond Ramirez 1985 - Recreation Aide Debra Davis Carol Roberson James Kruk - Effective November 19, 1985 - Tony Favela Michion Simmons Recreation Specialist - Joyce Radzik Steve Landrus Effective November 19, 1985 - Melvin Whyte Senior Service Aide - Effective November 19, 1985 - Edith Voss Henry Manship Coach Operator Mark Hannah Lloyd Stafford - Effective November 19, 1985 - Glen Monroe Ernest Smith Michael A. Davis - Senior Recreation Leader - Effective November 5, 1985 . Recreation Leader/Part-Time - Effective November 5, 1985 - Patrick A. Jewett Cerise A. Patterson 3 11/18/85 . Recreation Aide/Part-time - November 5, 1985 - Teresa L. Aceves Willie Lawson Cathy L. Mittlehauser Gregory S. Nichols Effective Robert A. Huddleston Joseph R. Martinez Vanessa Morgan Cassandra G. Sauceda Public Buildings Charles Armstrong - Custodial Aide II/part-Time - Effective October 28, 1985 Custodial Aide I/part-Time - November 14, 1985 - Buzz D. Adkins Robert A. LaRue Effective Frank R. Avila Ross W. Stewart Custodial Aide I/part-Time - November 19, 1985 - James L. Walker Effective David Rodriguez Eileen Prieto - Security Officer/Part-Time - Effective November 21, 1985 PROMOTIONAL APPOINTMENTS . Parks, Recreation & Community Services Susana Ochoa - Senior Recreation Leader/Part-Time - Effective November 19, 1985 Patricia Pennington - Senior Recreation Leader/Part-Time - Effective November 19, 1985 PROVISIONAL APPOINTMENTS Police James Hamlin - Community Service Officer - Effective November 19, 1985 TRANSFER Building & Safety Josephine B. Foster - Intermediate Typist Clerk - Effective November 19, 1985 LEAVE OF ABSENCE . Parks, Recreation and Community Services Alfreda DeJan - Volunteer Service Coordinator - Effective October 29, 1985 LEAVE OF ABSENCE WITHOUT PAY Parks, Recreation and Community Services Maximino G. Castillo - Heavy Laborer - Effective October 22, 1985 DEMOTION Police Greta Kilcher - From Police Officer to Police Assistant - Effective November 19, 1985 . APPEAL HEARING - ABATEMENT - MANUEL B. ENRIQUEZ - 1139 W. 19TH STREET - CONTINUED FROM NOVEMBER 4, 1985 This is the time and place continued to for consideration of an appeal filed by John R. Tindall on behalf of Manuel B. Enriquez regarding the Board of Building Commissioners' Order of Abatement of property located at 1139 W. 19th Street. (7) 4 11/18/85 . John R. Tindall, attorney for Manuel B. Enriquez, requested that the appeal hearing be continued to January 6, 1986. Mr. Tindall stated that City inspectors have visited the property at 1139 W. 19th Street, and a settlement on the matter is in progress. Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, to continue the appeal hearing of the Board of Building Commissioners' Order of Abatement of property located at 1139 W. 19th Street to Monday, January 6, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . GENERAL PLAN AMENDMENT NO. 85-2 - ETIWANDA AVE. ON THE NORTH, SAN BERNARDINO CITY LIMITS ON THE WEST, RIALTO AVE. ON THE SOUTH, RANCHO AVENUE AND LYTLE/CAJON FLOOD CONTROL AREA ON THE EAST - CONTINUED FROM OCTOBER 7, 1985 This is the time and place continued to for consideration of General Plan Amendment No. 85-2, which affects approximately 618.3 acres bounded by Etiwanda Avenue on the north, the City of San Bernardino City limits on the west (generally Eucalyptus and Pepper), Rialto Avenue on the south, and Rancho Avenue and the Lytle/Cajon Flood Control area on the east. The proposed action would change certain zoning designations. (8) Planning Director Schuma answered questions regarding the Planning Commission's decision to table any action on the proposed amendment. Paul King, a representative of the Bench Area Community Association, spoke in support of Alternative #4 of the General Plan No. 85-2, with modifications to address the concerns of commercial businesses and mobile home parks. Planning Director Schuma answered questions regarding the effects of the proposed amendment. The primary concern of mobile home park residents and owners is whether the mobile home park use would continue if the park was destroyed by natural disaster. . Discussion was held regarding the Council's jurisdiction over the proposed General Plan amendment. Luther Fair, mobile home park resident and owner of property on Rialto Avenue, answered questions regarding objections to Alternative #4 of the General Plan No. 85-2 amendment, and to the method of notification of hearings by the City to area residents. Walter Johnson, bench area resident, spoke regarding the Planning Commission's decision to table the proposed amendment. . Council Member Hernandez made a motion, seconded by Council Member Marks, that a public hearing be held on the issue at the Council level at the next Council meeting; that the Planning Department notify adjacent property owners of the meeting; that Luther Fair receive a hand-delivered copy of the notice of the meeting; and that the Planning Director bring a recommendation that will take into consideration the concerns of the mobile home parks and the liquor store, which may be potentially affected by the amendment. The motion carried by the following vote: Council Members Estrada, Hernandez, Marks, Frazier. Council Members Reilly, Quiel, Strickler. Absent: Ayes: Noes: None. 5 11/18/85 Discussion was held concerning the directions given to the Planning Department. . Planning Director Schuma stated that the original recommendations of the Planning Commission, the alter- natives originally submitted and, in addition, an alter- native incorporating modifications necessary to ensure that the commercial operations and mobile home parks now located in the area would be allowed to continue indefinitely, will be provided at the public hearing. Council Member Marks made a motion, seconded by Council Member Hernandez, that a public hearing be held before the Mayor and Common Council, at 6:00 p.m., December 2, 1985, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California; and that a block ad be placed on the Metro Page of "The Sun" to notify the public of the hearing. The Council Frazier, None. motion carried by the following vote: Members Estrada, Reilly, Hernandez, Strickler. Noes: Council Member Quiel. Ayes: Marks, Absent: . APPEAL HEARING - PLANNING COMMISSION'S DECISION - DENIAL - VARIANCE NO. 84-16 - EXPAND EXISTING NONCONFORMING AUTOMOBILE IMPOU~D YARD - 10TH AND "E" STREETS - CONTINUED FROM OCTOBER 21, 1985 This is the time and place continued to for consideration of an appeal filed by Gerald M. and Mary E. Lair, dba City Towing, on the Planning Commission's decision of denial for Variance 84-16 to expand an existing nonconforming automobile impound yard at the northwest corner of 10th and "E" Streets. (9) Mayor wilcox opened the hearing. Council Member Reilly stated that he would abstain on this item. . City Attorney Prince answered questions regarding the wording in the original agreement concerning a ten-year agreement with no extension right, and Elvin Meeks', attorney for Mr. and Mrs. Lair, modification of that wording, and the fact that City Attorney Prince reverted the wording back to the language in the original agreement. Elvin Meeks, attorney for Mr. and Mrs. Lair, spoke regarding his disagreement with the language in the original agreement concerning a ten-year agreement with no extension right, due to the fact that ten years will not provide the Lairs with an opportunity to amortize their investment. Jack Rosebraugh, Superintendent of Building and Safety, answered questions concerning a permit which was issued to the Lairs for the north wall only, and the fact that the City posted notices on the other sides of the wall as they were constructed, notifying the Lairs that they were being constructed without permits and in violation of City codes. . 6 11/18/85 . RES. 85~468 ~ RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND GERALD M. LAIR AND MARY E. LAIR AUTHORI ZING A NON-CONFORMING VEHICLE IMPOUND YARD AT TENTH AND "E" STREETS IN THE CITY OF SAN BERNARDINO FOR A PERIOD OF TEN YEARS; AND REPEALING RESOLUTION NO. 85-203. (9 ) City Clerk Clark read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Hernandez, that further reading of the resolution be waived. Discussion was held concerning the wording of the resolution not prohibiting a request to the Council by the Lairs for an extension of the agreement at the end of the 10 year period. . Council Member Marks made a motion, seconded by Council Member Hernandez, that said resolution be adopted, with the provision that Mr. and Mrs. Lair be given until December 1, 1985, in which to sign the agreement, and if said agreement is not signed and returned to the City Clerk's Office by December 1, 1985, that the City Attorney be directed to file suit to have the use discontinued. Resolution No. 85-468 was vote: Ayes: Council Members Quiel, Frazier, Strickler. Council Member Reilly. Absent: adopted Estrada, Noes: None. by the following Hernandez, Marks, None. Abstain: . APPEAL HEARING - PLANNING COMMISSION'S DECISION - REVOCATION OF SIGN PERMIT NOS. 61024 AND 61025 - GANNETT OUTDOOR CO., INC. - 512 E. REDLANDS BLVD. - 455 W. FIFTH STREET - CONTINUED FROM NOVEMBER 4, 1985 This is the time and place continued to for consid- eration of an appeal by Gannett Outdoor Co., Inc., con- cerning 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 demolition of one billboard located at 455 W. Fifth Street. (10) APPEAL HEARING - PLANNING COMMISSION'S DECISION - REVOCATION OF SIGN PERMIT NOS. 61006, 61007 AND 61008 - FOSTER & KLEISER - 726 E. REDLANDS BLVD. - 415 AND 390 W. HIGHLAND - CONTINUED FROM NOVEMBER 4, 1985 This is the time and place continued to for consid- eration of 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 billboards located at 415 and 390 W. Highland Avenue. (11) Planning Director Schuma suggested that the two sign appeals be discussed simultaneously, but that separate action be taken after the discussion is completed. Mayor wilcox opened the hearing. . City Attorney Prince made a recommendation that the appeals be denied, and that any liability of the City should be resolved through normal channels with a claim. 7 11/18/85 . Carroll Lawson, citizen, attorney and councilman from the City of Lorna Linda, spoke regarding the concerns of the City of Lorna Linda regarding the use and placement of the bi llboard. Herb Hennes, Jr., Community Services Representative, Gannett Outdoor Co., Inc., 1731 Workman Street, Los Angeles, CA 90031, spoke regarding his conversation with the Mayor of the city of Lorna Linda. John Glyn, Public Affairs Representative, Foster & Kleiser, 150 W. Washington Blvd., Los Angeles, CA 90007, agreed that there should be control of the copy on the sign and that a change of the present copy is in progress. RECESS MEETING - CLOSED SESSION At 10:25 a.m., Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the meeting recess to a Closed Session under authority of Government Code 54956.9 (b) (1) as there is a significant exposure to litigation in this matter. . CLOSED SESSION At 10:25 a.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, Quiel, Frazier, Strickler; City Attorney Prince, City Administrator Matzer. Absent: City Clerk Clark. ADJOURN CLOSED SESSION At 11:05 a.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 11:05 a.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 "D" Street, San Bernardino, California. . ROLL CALL Roll Call was taken by the Ci ty Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney prince, City Clerk Clark, City Administrator Matzer. Absent: None. APPEAL HEARING - PLANNING COMMISSION'S DECISION - REVOCATION OF SIGN PERMIT NOS. 61024 AND 61025 - GANNETT OUTDOOR CO., INC. - 512 E. REDLANDS BLVD. - 455 W. FIFTH STREET - CONTINUED FROM NOVEMBER 4, 1985 . APPEAL HEARING - PLANNING COMMISSION'S DECISION - REVOCATION OF SIGN PERMIT NOS. 61006, 61007 AND 61008 - FOSTER 7 KLEISER - 726 E. REDLANDS BLVD. - 415 AND 390 W. HIGHLAND - CONTINUED FROM NOVEMBER 4, 1985 Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that the hearing on the two sign appeals be continued to the Regular Meeting of the Mayor and Common Council to be held 9:00 a.m., January 20,1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, 8 11/18/85 California, and that the ordinance concerning billboards be referred to the Legislative Review Committee for possible amendment. . GENERAL PLAN AMENDMENT NO. 85-1 - FROM GENERAL COMMERCIAL TO RESIDENTIAL - 9.3 ACRES - SOUTH OF HIGHLAND AVENUE - WEST OF DEL ROSA AVENUE - NORTH OF FLOOD CONTROL CHANNEL - EAST OF SOUTHERLY EXTENSION OF MOUNTAIN AVENUE In a memorandum dated November 8, 1985, Planning Director Schuma stated that the application for General Plan Amendment No. 85-1 was unanimously recommended for approval of Alternative No.2, Exhibit IV, per Planning Commission Resolution No. 85-4, and that the Negative Declaration for environmental review was also recommended for approval. (12) Planning Director Schuma answered questions regarding the recommendations of the Planning Commission. Venn Botts, 6719 S. Yates, San Bernardino, CA 92404, spoke in opposition to the Planning Commission's decision due to the amount of traffic in the area and the demolition of perris Hill as a landmark. . Planning Director Schuma answered questions regarding traffic analysis, modifications to perris Hill, County right-of-way in the area. It was stated that the present commercial designation would have a more adverse impact on the area than what is proposed under the General Plan amendment. Dennis Engineering, ation, 1323 reques ted a medium/high are in place Stafford, a representative of McKeever representing the applicant, W.J.E. Corpor- W. Colton Ave., #200, Redlands, CA 92373, PRD designation of 18 units per acre, or a residential designation and stated that bonds for construction. Planning Director Schuma explained why General Plan Amendments are submitted to the Mayor and Common Council separate from development packages. . Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that the matter be continued to the next Regular Meeting of the Mayor and Common Council, December 2, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, to direct the Mayor to contact the County to provide a solution for the traffic problem on Del Rosa. PLANNING COMMISSION REPORT Frank Schuma, Planning Director, gave the Planning Report regarding the Planning Commission matters of the meeting of Novmber 5, 1985. The following recommendations were made: . That the application for Change of Zone No. 85-19, Inland Valley Investments, owner, to change the land use zoning district from R-1-7200, Single-Family Residential to R-2, Dual Family Residen- tial, for a rectangularly-shaped parcel of land consisting of approximately 6,750 square feet, located on the northeast 9 11/18/85 corner of 20th Street and Pershing Avenue, further described as 220 W. 20th Street, be recommended for approval. (13) . Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, to approve the responses to comments and to adopt the Negative Declaration for environmental review which has been reviewed and considered; and to approve the findings and the recommendation of the Planning Commission, and to direct the City Attorney to prepare the necessary amendments to the Zoning Ordinance. ENVIRONMENTAL CLEARANCE - NEGATIVE DECLARATION - CODE ENFORCEMENT ITEMS - ENCANTO PARK COMMUNITY CENTER In a memorandum dated November 4, 1985, Planning Director Schuma stated that environmental clearance is needed prior to the expenditure of funds for the code enforcement items at Encanto Park Community Center. (14) . Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the Negative Declaration for the addition of Code Enforcement items at Encanto Park Community Center, 1180 W. 9th Street, be adopted. The items include security entrances, alarms, handicapped access, plumbing ventilation and air conditioning. ENVIRONMENTAL CLEARANCE - CATEGORICAL EXEMPTION - LIGHTING RICHARDSON PARK BALLFIELD In a memorandum dated November 4,1985, Planning Director Schuma stated that environmental clearance is needed prior to the expenditure of funds for the Categorical Exemption for lighting Richardson Park ballfield. (15) Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, to adopt the Categorical Exemption for the lighting of Richardson Park ballfield, 455 "K" Street, including the installation of poles, crossarms, luminaries, wiring and control boxes, exempt from C.E.Q.A., Section 15801, Class 1. . ENVIRONMENTAL CLEARANCE - NEGATIVE DECLARATION - CONSTRUCTION OF NEIGHBORHOOD CENTER - NICHOLSON PARK In a memorandum dated November 4, 1985, Planning Director Schuma stated that environmental clearance is needed prior to the expenditure of funds to construct a Neighborhood Center at Nicholson Park. (16) Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, to adopt the Negative Declaration for the construction of a 5,024 square foot multi-purpose neighborhood center at Nicholson Park, located at the southeast corner of Meridian Avenue and Second Street. . ENVIRONMENTAL CLEARANCE - CATEGORICAL EXEMPTION - CONSTRUCTION OF RACQUETBALL COURTS - ENCANTO PARK COMMUNITY CENTER - BOYS CLUB In a memorandum dated November 4, 1985, Planning Director Schuma stated that environmental clearance is needed prior to the expenditure of funds to construct racquetball courts at Encanto Park Community Center, which houses the Boys Club of San Bernardino. (17) Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, to adopt the categorical exemption for the construction of two (2) 10 11/18/85 racquetball courts at Encanto Park Community Center, 1180 West Ninth Street, which houses the Boys Club of San Bernardino, exempt from C.E.Q.A., Section 15301, Class 1. . CATEGORICAL EXEMPTION - STREET IMPROVEMENTS - KENDALL DRIVE, PARKSIDE DRIVE, JULIA STREET, CLUSTER STREET, VALLEY STREET, ETIWANDA AVENUE, RANCHO AVENUE, HIGHLAND AVENUE In a memorandum dated November 4, 1985, planning Director Schuma requested approval of a Categorical Exemption for street improvements on portions of various streets. (18) Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, to adopt the Categorical Exemption for street improvements on portions of Kendall Drive, parkside Drive, Julia Street, Cluster Street, Valley Street, Etiwanda Avenue, Rancho Avenue and Highland Avenue, exempt from C.E.Q.A., Section 15301, Class 1. . PLANNING STAFF AND COMMISSION REPORT - MINI-STORAGE FACILITIES Planning Director Schuma requested that the Planning Staff and Commission Report concerning mini-storage facilities be continued due to the unavailability of the report. (19) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the Planning Staff and Commission Report concerning mini-storage facilities be continued to the Regular Meeting of the Mayor and Common Council, December 2, 1985, to be held in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 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 MARKS EXCUSED Council Member Marks left the Council Meeting. . APPROVAL CHANGE ORDER NO. SIX - MARK COX ELECTRIC, INC. - NEW CENTRAL LIBRARY In a memorandum dated October 18, 1985, Roger Hard- grave, Director of Public Works/Engineering, stated that Change Order No. six to the contract with Mark Cox Electric, Inc. for work on the New Central Library, provides for relocation of temporary power, power to the elevator cabs, a conduit for telephone service, and relocation of three thermostats for the New Central Library. (R-3) Counci 1 Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that Change Order No. Six to the contract with Mark Cox Electric, Inc., for the New Central Library, in accordance with Plan No. 6464, be approved; to authorize the contractor to relocate temporary power; provide additional wiring for elevator control, and relocate three thermostats, at an increase in contract price of $661.75, from $501,435.10 to $502,096.85. . 11 11/18/85 . APPROVAL CHANGE ORDER NO. SEVEN - MARK COX ELECTRIC, INC. - NEW CENTRAL LIBRARY In a memorandum dated October 23, 1985, Roger Hardgrave, Director of Public Works/Engineering, stated that Change Order No. Seven to the contract with Mark Cox Electric, Inc. provides for the installation of Halo Model #1176 track lights in the New Central Library. (R-4) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that Change Order No. Seven to the contract with Mark Cox Electric, Inc., for construction of electrical facilities for the New Central Library in accordance with Plan 6464, be approved; to authorize the contractor to install Halo Model #1176 track lights in place of Halo Model #733-P track lights, at an increase in the contract price of $1,003.93, from $502,096.85 to $503,100.78. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council table. . ORD. MC-483 - AN ORDINANCE OF THE MAYOR AND COMMON COUNC I L 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 THE CALIFORNIA HEALTH AND SAFETY CODE AND AUTHORIZING CITY OFFICERS TO IMPLEMENT THE PROGRAM. FINAL (R-7) The City Clerk read the title of the ordinance. Counc i 1 Member Ma rk s made a mot i on, seconded by Council Member Quiel and unanimously carried, that final reading of the ordinance be waived and said ordinance be adopted. Ordinance MC-483 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. . TEFRA PUBLIC HEARING - NOBLE PROPERTIES, INC. PROJECT This is the time and place set for a public hearing to consider a resolution required by The Equity Fiscal Responsibility Act (TEFRA). The resolution amends the original application to include a substitution in the developer of the project from Noble Properties, Inc. to a California general partnership in the process of formation with Noble properties as one of its general partners. The project consists of the construction of a 300-unit multi-family rental housing development, located on the north side of Sixth Street between Sterling Avenue and Lankershim Avenue. (R-8) Mayor wilcox opened the hearing. . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING A CERTAIN APPLICATION AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $15,920,000 PRINCIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVENUE BONDS (NOBLE PROPERTIES, INC. PROJECT). (R-8) The City Clerk read the title of the resolution. 12 11/18/85 Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be tabled. . TEFRA PUBLIC HEARING - SIMA PARTNERSHIP NO. 1 - PROJECT 2 This is the time and place set for a public hearing to consider a resolution providing for certain findings and determinations in connection with a public hearing conducted in accordance with Section 103 (k) of the Internal Revenue Code of 1954 (Sima project). This concerns the acquisition of land and construction of 19 buildings for industrial/research purposes, located on the northeast corner of Mill and "G" Streets, excluding the corner. (R-9) Mayor wilcox opened the hearing. . RES. 85-469 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERN- ARDINO, CALIFORNIA, MAKING CERTAIN FIND- INGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING CONDUCTED IN ACCORDANCE WITH SECTION 103(k) OF THE INTERNAL REVENUE CODE OF 1954. (SIMA PROJECT). (R-9) The City Clerk read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. vote: Marks, None. Resolution No. 85-469 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: . TEFRA PUBLIC HEARING - S.P. COMMERCIAL DEVELOPMENT This is the time and place set for a public hearing to consider a resolution to make certain findings and determinations pursuant to the Tax Equity Responsibility Act (TEFRA). This concerns the construction of a public storage facility located on a three-acre site at 155 W. Caroline Street. (R-10) Mayor Wilcox opened the hearing. Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that the matter concerning S.P. Commercial Development be continued to the Regular Meeting of the Mayor and Common Council, December 2, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. TEFRA PUBLIC HEARING - SOUTH POINTE IV This is the time and place set for a public hearing to consider a resolution approving multi-family housing revenue bonds, Series 1985, for the South pointe IV Project and making certain determinations. This concerns the construction of 404 apartment units near the inter- section of Waterman Avenue and Barton Road. (R-ll) Mayor Wilcox opened the hearing. . Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, to close the public hearing. 13 11/18/85 . RES. 85-470 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, APPROVING THE ISSUANCE BY THE CITY OF ITS "CITY OF SAN BERNARDINO, MULTIFAMILY HOUSING REVENUE BONDS, SERIES 1985 (SOUTH POINTE IV PROJECT)" AND MAKING CERTAIN DETERMINATIONS RELATING THERETO (T.E.F.R.A.) . (R-ll) The City Clerk read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. Resolution 85-470 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. . JOINT PUBLIC HEARING - 1985 YEAR END HOUSING REPORT This is the time and place set for a public hearing for consideration of a report which includes a statement of strategies with respect to housing, development and low-income housing assistance to be followed by govern- mental units issuing qualified mortgage bonds. (R-12) Mayor wilcox opened the hearing. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the public hearing be closed. RES. 85-471 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERN- ARDINO, CALIFORNIA, ACCEPTING A CERTAIN 1985 YEAREND REPORT OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AND THE REDEVELOP- MENT AGENCY OF THE CITY OF SAN BERNARDINO REGARDING HOUSING DEVELOPMENT AND LOW- INCOME HOUSING ASSISTANCE POLICIES AND AUTHORIZING THE PUBLICATION THEREOF. (R-12a) The City Clerk read the title of the resolution. . Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions regarding income requirements, and targeted areas for which there are no income limits. Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-471 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: Council Member Hernandez. Absent: None. . RES. 85-472 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARD I NO CONCERN I NG THE I SS UANCE OF REVENUE BONDS TO FINANCE A PROJECT FOR SAN BERNARDINO COMMUNITY HOSPITAL. (RS-2a) The City Clerk read the title of the resolution. 14 11/18/85 Council Member Quiel stated that he would abstain on this item. . Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived. Discussion was held concerning a request to waive the one percent IDB reserve and development fee for this project. Mr. Ray Barton, III, Secretary and Chief Executive Officer of the San Bernardino Community Hospital, a nonprofit California corporation, stated he withdraws the request previously made to waive the one percent IDB reserve and development fee for this project. Council Member Strickler made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 85-472 was adopted by the following vote: Ayes: Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Abstain: Council Member Quiel. Absent: None. . Council Member Estrada stated that although she voted for the resolution, she requested the record reflect that she has had some problems with the services at Community Hospital. Council Member Strickler made a motion, seconded by Council Member Frazier, approving Orrick, Herrington & Sutcliffe as Bond Counsel for the San Bernardino Community Hospital issue. The motion carried by the following vote: Ayes: Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Abstain: Council Member Quiel. Absent: None. . RECESS MEETING At 12:05 p.m., Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:05 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 City Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; Deputy City Attorney Briggs, City Clerk Clark, Deputy City Administrator Schweitzer. Absent: None. . RES. 85-473 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING A CERTAIN APPLICATION AND RATIFYING THE PUBLICATION OF A NOTICE OF PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $11,400,000 PRINCIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVENUE BONDS (DEL ROSA GARDENS PROJECT). (R-13) The City Clerk read the title of the resolution. 15 11/18/85 . Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. vote: Marks, None. Resolution No. 85-473 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: SET HEARING - PREVAILING WAGE RATE POLICY In a memorandum dated November 12, 1985, Glenda Saul, Executive Director of the Redevelopment Agency stated that the Redevelopment Committee recommended that a hearing be set to consider a policy decision regarding prevailing wage rates, monitoring, enforcement and costs relating thereto. (R-15) The Mayor and Common Council discussed the City's/Redevelopment Agency's prevailing wage policy and the change in the policy after the Best contract. Assistant City Attorney Briggs answered questions regarding the prevailing wage rate policy. . Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the staff, Executive Director of the Redevelopment Agency Saul and Deputy City Attorney Briggs be instructed that in all future Redevelopment contracts that the stronger, standard language (Davis Bacon prevailing wage language) be incorporated in those contracts, as was prior to the Best contract. Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that a hearing be held at 6:00 p.m., January 13, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, concerning the prevailing wage policy, that an ad be placed on the Metro Page of "The Sun", and that builders, unions and interested people be notified. . ENTERPRISE ZONE - CONTRACT - DATA GATHERING CENTER - MARKETING STRATEGY In a memorandum dated November 12, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, requested that a contract with the Data Gathering Center, California State University, San Bernardino, for the development of a needs assessment study for the Enterprise Zone, be approved in concept. (R-18) Council Member Marks made a motion, seconded by Council Member Frazier, to approve in concept a contract with the Data Gathering Center, California State university, San Bernardino, for the development of a marketing strategy for the Enterprise Zone. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: Council Member Hernandez. Absent: None. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. . ENTERPRISE ZONE - FEE EXEMPTION PROVISION In a memorandum dated November 12, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, requested approval of an ordinance amending Ordinance MC-480 to 16 11/18/85 provide consistence MC-481 pertaining to Zone. between Ordinances MC-480 and fee exemptions in the Enterprise (R-19) . Council Member Hernandez made a motion, seconded by Council Member Frazier, that the matter be continued to the next Regular Meeting of the Mayor and Common Council, December 2, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Discussion was held concerning a one-time waiver of developer fees for any business locating or expanding within the commercial designated areas of the Enterprise Zone. Council Member Frazier withdrew his second to Council Member Hernandez' motion to continue the matter to the next meeting. The motion died for lack of a second. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 3.18.050 OF THE SAN BERN- ARDINO MUNICIPAL CODE TO PROVIDE FOR ADDITIONAL TIME FOR THE FEE EXEMPTION PROVISION TO APPLY IN THE ENTERPRISE ZONE. FIRST (R-19) . The City Clerk read the title of the ordinance. Council Member Marks made a motion, seconded by Council Member Quiel, that first reading of the ordinance be waived and that said ordinance be laid over for final passage, with a change by interdelineation, Line 11, regarding a one-time exemption of developer fees, except sewer connection and storm drain fees, for any business locating or expanding within the commercial designated area of the Enterprise Zone. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier. Noes: None. Noes: Council Member Hernandez. Absent: Council Member Strickler. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. . RES. 85-474 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING INFILL HOUSING PROGRAM AND AUTHORIZING STAFF TO IMPLEMENT THE SAME. (R-22) The City Clerk read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived. Discussion was held regarding the designated area for infill housing. Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-474 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: Council Member Hernandez. Absent: None. . 17 11/18/85 . HISPANIC CHAMBER OF COMMERCE, INC. - GRANT DEED CONVEYANCE - 972 N. MT. VERNON AVENUE In a memorandum dated November 13, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, requested the adoption of a resolution to authorize and direct the Mayor to execute a grant deed conveyance of the building and land at 972 North Mt. Vernon Avenue to the Redevelopment Agency. (R-24) Council Member Hernandez made a motion, seconded by Council Member Frazier, to refer the matter of execution of a grant deed conveyance of the building and land at 972 N. Mt. Vernon Avenue to the Redevelopment Agency to the Ways and Means Committee for report back to the Council. The Council Frazier. Absent: motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Marks, Noes: Council Members Quiel and Strickler. None. HOUSING ASSISTANCE PLAN In a memorandum dated November 13, Executive Director of the Redevelopment the Housing Assistance Plan. 1985, Glenda Saul, Agency reported on (R-25) . Ken Henderson, Manager, Community Development Division of the Redevelopment Agency, corrected two typographical errors in the report: low income should correctly read, low to moderate income; October 31, 1985, should correctly read, October 31, 1988. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, to receive and file the Housing Assistance Plan. RES. 85-475 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF SHORT-TERM LOAN AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES, INC., FOR INFILL HOUSING PROGRAM. (RS-4) The City Clerk read the title of the resolution. . Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 85-475 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-476 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE AUTHORIZATION, SALE AND ISSUANCE OF ITS CITY OF SAN BERNAR- DINO, CALIFORNIA, MULTIFAMILY HOUSING REVENUE BONDS 1985 SERIES (CASTLE PARK APARTMENTS PROJECT) IN A PRINCIPAL AMOUNT NOT TO EXCEED $22,000,000. The City Clerk read the title of the resolution. . Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived. 18 11/18/85 Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. . Resolution No. 85-476 was vote: Ayes: Council Members Quiel, Frazier, Strickler. Hernandez. Absent: None. adopted by the following Estrada, Reilly, Marks, Noes: Council Member COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. LEGISLATIVE REVIEW COMMITTEE MEETING REPORT - NOVEMBER 7, 1985 Council Member Strickler, Chairman of the Legislative Review Committee, presented the report of the Legislative Review Committee Meeting held on November 7, 1985. The following items were discussed: (20) . 1. Bingo Municipal Code Change~ Committee recommended that San Bernardino City Ordinance 5.36.060-D be amended to raise the limit of total prizes in anyone session to $5,000. It further recommended that San Bernardino Municipal Code Section 5.36.0l0-A be revised to allow "pull tabs" to be permitted provided that the odds of winning are posted prominently. Additionally, contingent upon review and approval of the City Attorney, the Committee recommended that a game called "you pick 'Em" be included as an authorized bingo game. The City Attorney was tasked to review, make the necessary changes, additions or deletions as appropriate, and present to the Council on November 18, 1985, for a first reading. 2. Ordinance Emergen~urchases per recommendation of with City Purchasing. Granting the Authority to Make to the purchasing Agent Item tabled the City Attorney after coordination 3. Ordinance Eliminating Requirement of Second publication of Bids and Authorizing purchasing Agent to Establish/Maintain List of Suppliers and to Mail Request for Bids Item tabled per recommendation of the City Attorney after coordination with City purchasing. . 4. Ordinance Amending MC Section 8.63.130, Subsection "E", to Change the Address of the Central Fire Station Committee recommended the ordinance be amended as-requested. 5. Discussion - Impact of Li~or Establishments, On and Off Sale Committee recommended that present systems remain in effect but that the City Clerk and Planning Director notify Police Chief Gonzales immediately upon notification or application of an on or off site request for liquor sales (beer/wine included). The Police Chief will review, notify the concerned Council Member and appropriate action taken to voice objection. All objections that have been brought to ABC in the past by Chief Gonzales have been upheld. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the report of the Legislative Review Committee meeting held November 7, 1985, be received and filed. . WAYS AND MEANS COMMITTEE MEETING REPORT - Council Member Marks, Chairman of the Ways and Means Committee, presented the report of the meeting of the Ways and Means Committee Meeting of November 12, 1985. (21) 19 11/18/85 I The following items were discussed: . 1. proposed Fire Station - Vanderbilt Way Area The Committee recommended approval of the proposed Fire Station Construction Assessment District (Vanderbilt Way Area Fire Station). The project parameters are: 1) The land to be donated by the developers to the City with the proviso that the value of the donated land shall be returned to the developer through redevelopment assistance; 2) The Assessment District shall contain commercial and industrial parcels only; 3) The Assessment District shall cover the cost of construction of the fire station and all capital equipment necessary to man the station; 4) The Ci ty shall provide the manpower (firefighters and paramedics). The Committee recommended endorsement of the concept for financing the Assessment District's needs in conjunction with certain specified city departmental needs (Certificates of Participation). The City Treasurer and City Administrator were directed to assemble a proposed list of equipment to be financed by Certificates of Participation. . 2. Central City Company - Authorization to Encroach into Mall Area The Deputy City Administrator's report, City policy options and recommendations were reviewed. Mr. Catalano from Central City Mall presented their view. The item was continued to explore the possibility of negotiations. 3. Animal Shelter Contracts 85/86 The Committee recommends: 1) approval of the contracts to bring in added revenue; 2) a full, comprehensive analysis with alternative courses of action to be prepared because of the severe budget constraints in the Animal Control Fund an the increasing dependence on the City's General Fund to secure the on-going operations. The deficit in the Animal Control Fund is to be shown fully within the ledger. The Committee reviewed the Deputy City Administrator's investigative report. The operation was reported as excellent and positive. The Committee recommended that the Mayor set a public hearing, as requested by the Last Chance for Animals Group, at a time convenient to the public. . 4. Social Service Contract Agencies The Committee recommended a full allocation of social service contracts as presented by the Superintendent of Community Services ($82,458). Councilwoman Estrada was not present during this discussion or the vote. The Committee recommended that Parks, Recreation and Community Services provide a comprehensive report (already in process) to the full Council. The Committee agreed to hold a special meeting, for this issue only, to establish a Plan of Action for next year's budget and to set up a separate committee to review, analyze and recommend regarding the City's social obligations, services being delivered, funds agencies are receiving from other sources and alternatives available. The City Finance Director was asked to provide a report on the funds provided for the last three years. 5. Authorization to Expend Area Tax Funds This item was continued to the first meeting after December 5, pending receipt of a study. . 6. underfunding of Sheriff's Crime Lab After receiving the letter from Sheriff Tidwell and discussing the extreme problem, the Committee recommended that the City Attorney write a resolution for adoption by the Council which supports the Sheriff's and Police Chief's position for full funding of crime lab requirements (personnel and equipment). 20 11/18/85 . 7. San Hidalgo Foundation The Commi ttee ~ recommended that the Cl ty Attorney and the Mayor's Assistant coordinate in resolving the unsigned agreement and the City's commitment, making certain that any agreement provides for payment of the employees first. Discussion was held concerning Item 1 of the Ways & Means Committee report regarding the proposed Fire Station Construction Assessment District and Certificates of Participation, and on Item 3, regarding the Animal Shelter. PUBLIC HEARING SET - ANIMAL SHELTER In relation to Item #3 of the Ways and Means Com- mittee Meeting Report, Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, to set a public hearing for 6:00 p.m., Thursday, January 9, 1985, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, regarding the Animal Shelter. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. . CERTIFICATES OF PARTICIPATION - FIRE STATION AND CAPITAL NEEDS FUNDING In relation to Item #1 of the Ways and Means Com- mittee Meeting Report, Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, to endorse the concept of Certificates of Participation for funding of the fire station (Park Centre - Vanderbilt Way Area) and other capital needs of the City, and to direct the City Administrator to prepare a report with the Treasurer for subsequent review at a later date. COUNCIL MEMBER FRAZIER RETURNED Council Member Fraz ier returned Meeting and took his place at the Council to the Table. Council . SOCIAL SERVICES CONTRACT AGENCIES In relation to Item #4 of the Ways and Means Com- mittee Report, Council Member Marks made a motion, seconded by Council Member Hernandez, to direct staff to prepare necessary agreements for full implementation of early application for those temporarily approved for social service money. The motion carried by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Abstain: Council Member Estrada. Absent: None. RES. 85-477 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF FIRST AMENDMENT 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. The City Clerk read the title of the resolution. . Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. 21 11/18/85 . Resolution No. 85-477 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. WAYS AND MEANS COMMITTEE MEETING REPORT Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the report of the Ways and Means Committee meeting held November 12, 1985, be received and filed. AD HOC COMMITTEE REPORT - PARK, RECREATION AND COMMUNITY SERVICES STUDY - NOVEMBER 14, 1985 Council Member Hernandez presented the report of the Ad Hoc Committee, Park, Recreation, Community Services Study of November 14, 1985. (22) The following items were discussed: 1. Progress Report The draft of final report was presented-to~eCommittee. Staff is to review and present report at the second Council Meeting in December. . Council Member Hernandez made a motion, seconded by Council Marks and unanimously carried, that the report of the Parks & Recreation Management Study Ad Hoc Committee meeting held November 14, 1985, be received and filed. ACTION AGAINST STEPHEN W. MC CARTY - CONSTRUCTION IN VIOLATION OF MUNICIPAL CODE - 1721 CONEJO DRIVE - In a memorandum dated November 8, 1985, City Attorney Prince stated that Stephen W. McCarty, owner of property located at 1721 Conejo Drive, is presently constructing an apartment at said address in violation of municipal code, that a Stop Work Order issued by the Department of Building and Safety was ignored, and that Mr. McCarty failed to appear in court in response to a complaint filed by the City in Municipal Court. (23) Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that the City Attorney be authorized to file an action in Superior Court against Stephen W. McCarty. . SHARED HOUSING PROGRAM ANALYSIS - PILOT PROGRAM In a memorandum dated November 4, 1985, Anne Rhodes, Superintendent of Community Services, provided statistical foundation for the Community Services study reviewed at the meeting of the Mayor and Common Council of August 19, 1985, provided a determination of why the State of California went forward with a shared housing program, reported on hearings held on the need for shared housing and the use of survey techniques. (24) Anne Rhodes, Superintendent of Community Services, answered questions regarding the report, stating that the State appropriation to Inland Mediation Services for a Shared Housing Program fell through because of Inland Mediation Services' inability to obtain insurance. . Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the recommendation to fund a program on shared housing be referred to the Ways & Means Committee and that the Director of Community Services be directed to contact the State of California to see if the funding for shared housing, which had been allocated to Inland Mediation Services and then returned to the State, is still available. 22 11/18/85 . UTILIZATION OF PROFESSIONAL CONSULTANT SERVICE - BOB WIRTS, TRAFFIC ENGINEER - UPDATE RADAR SPEED SURVEY - 19 STREETS In a memorandum dated November 7, 1985, Roger Hardgrave, Director of Public Work/Engineering, stated that traffic engineering radar speed surveys for 19 collector and arterial streets in the City will expire by 1986. (25) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the purchasing department be authorized to issue a purchase order of not to exceed $2,973.10 to Mr. Bob Wirts, Traffic Engineer, to complete the updating of radar speed surveys of 19 City streets; and that the transfer of $3,000 of "salary savings" from Account No. 001-305-52020 to Account No. 001-395-53150, be authorized. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. . APPROVAL - ADVERTISE FOR BIDS - CONSTRUCTION OF SIDEWALK ON HIGHLAND AVENUE - FROM WATERMAN AVENUE TO TWIN CREEK In a memorandum dated November 7,1985, Roger Hardgrave, Director of Public Works/Engineering, stated that plans for constructing a standard six foot sidewalk on Highland Avenue, from Waterman Avenue to Twin Creek, have been prepared by the Engineering Division and the project is ready to be advertised for bids. (26) Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the plans for construction of a sidewalk on Highland Avenue (north side), from Waterman Avenue to East Twin Creek, in accordance with Plan No. 6858, be tabled. COUNCIL MEMBER REILLY RETURNS Council Member Reilly returned to the Council Meeting and took his place at the Council Table. . AUTHORIZATION - EXTENSION OF TIME: 1911 IMPROVEMENT ACT PROJECT - RIVERSIDE CONSTRUCTION COMPANY - BETWEEN "E" STREET AND ARROWHEAD AVENUE In a memorandum dated November 7, 1985, Roger Hard- grave, Director of Public Works/Engineering, stated that Riverside Construction Company requested a 52-calendar day extension of time because of the additions to the con- tract, relative to problems which arose during the con- struction of the drainage facilities and due to lag time for Edison Company to energize the street lights. (27) Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that a 52-calendar day extension of time be granted to Riverside Construction Company for the construction of curb, gutters, sidewalks, drainage facilities and street lighting in portions of Orange Show Lane and "E" Street under the 1911 Improvement Act and that the completion date of October 8, 1985, be extended to November 29, 1985. . APPROVAL - CHANGE ORDER NO. TWO - 1911 IMPROVEMENT ACT PROJECT - ORANGE SHOW LANE - RIVERSIDE CONSTRUCTION COMPANY In a memorandum dated November 7, 1985, Roger Hard- grave, Director of Public Works/Engineering, stated cir- cumstances in the field require certain changes in the contract with Riverside Construction Company for the con- struction of the 1911 Improvement Act Project. (28) 23 11/18/85 1- I- Counci 1 Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the Director of Public Works of the City of San Bernardino be authorized to issue Change Order No. Two to Riverside Construction Company as listed as Nos. 1 through 4 in the memorandum from the City Engineer dated November 7, 1985, for Plan No. 6502. AUTHORIZATION TO ESTABLISH - ASSESSMENT DISTRICT - VANDERBILT WAY FIRE STATION - BOND COUNSEL - JOHN E. BROWN - BEST, BEST & KREIGER In a memorandum dated November 6, 1985, Roger Hardgrave, Director of Public Works/Engineering, stated that extensive commercial and industrial development in the southern portion of the City has necessitated the need to provide additional fire protection. (29) - Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the City Engineer and City Clerk be authorized to proceed with initiating proceedings for the establishment 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 construction, equipping and furnishing a fire station, in the Vanderbilt Way area, in the City of San Bernardino. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the City Attorney be authorized to hire John E. Brown, from the law firm of Best, Best and Kreiger, to work as Bond Counsel on the assessment district. The cost is not to exceed $15,000 for all costs, including expenses, and the funds are to come from the assessment district proceeds. RES. 85-478 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR GRANT ALLOCATION FOR FISCAL YEAR 1985-1986 WITH COMMUNITY ARTS PRODUCTIONS. (31) The City Clerk read the title of the resolution. - Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolution be waived. Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 85-478 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 85-479 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE APPLICATION FOR BLOCK GRANT FUNDS UNDER THE PROVISIONS OF THE ROBERTI-Z' BERG-HARRIS URBAN OPEN- SPACE AND RECREATION PROGRAM FOR THE CON- STRUCTION OF RESTROOM FACILITIES AT ELKS FIELD, WILDWOOD PARK. (32) The City Clerk read the title of the resolution. - Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolution be waived. 24 11/18/85 Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. . vote: Marks, None. Resolution No. 85-479 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 85-480 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AN ADMINIS- TRATIVE CHARGE OF THIRTY-FIVE DOLLARS FOR PROCESSING NUISANCE ABATEMENTS AND WEED ABATEMENTS, AND FIFTY-FIVE DOLLARS FOR ADMINISTRATIVE EXPENSES OF PROCESSING APPEALS TO THE BOARD OF BUILDING COMMIS- SIONERS; AND REPEALING RESOLUTION NO. 84-456. (33) The City Clerk read the title of the resolution. . Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolution be waived. Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 85-480 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 85-481 - RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR CITY OWNED PROPERTY LOCATED SOUTHERLY OF IRVINGTON AVENUE, EASTERLY OF LITTLE LEAGUE DRIVE, AND DETERMINING THAT THE PROPERTY TO BE CONVEYED AS A VALUE OF LESS THAN $2,000.00. (34) The City Clerk read the title of the resolution. . Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolution be waived. Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 85-481 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 85-482 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BER- NARDINO, AUTHORIZING EXECUTION OF RIGHT- OF-WAY CERTIFICATES BY THE PUBLIC WORKS DIRECTOR/CITY ENGINEER. (35) The City Clerk read the title of the resolution. . Counci 1 Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. 25 11/18/85 . Resolution No. 85-482 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-483 - RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN BERNARDINO FOR THE ANNEX- ATION OF INHABITED TERRITORY LOCATED GENERALLY BETWEEN WATERMAN AVENUE AND PEDLEY LANE AND BETWEEN THIRD AND NINTH STREETS. (36) The City Clerk read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that further reading of the resolution be waived, and that said resolution be adopted. . vote: Marks, None. Resolution No. 85-483 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: READING AND WAIVING OF RESOLUTIONS The City Clerk read the titles of the remaining resolutions on the agenda. Council Member Quiel made a motion, Council Member Marks and unanimously carried, reading of the resolutions be waived. seconded by that further RES. 85-484 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE NEGATIVE DECLARATION AS TO ENVIRONMENTAL IMPACT AND ADOPTING AMENDMENT NO. 34 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO (GEN- ERAL PLAN LAND USE ELEMENT). (38) Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. . vote: Marks, None. Resolution No. 85-484 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 85-485 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE NEGATIVE DECLARATION AS TO ENVIRONMENTAL IMPACT AND ADOPTING AMENDMENT NO. 37 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO (GEN- ERAL PLAN LAND USE ELEMENT). (39) Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 85-485 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: . 26 11/18/85 1- . RES. 85~486 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE NEGATIVE DECLARATION AS TO ENVIRONMENTAL IMPACT AND ADOPTING AMENDMENT NO. 41 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO (GEN- ERAL PLAN LAND USE ELEMENT). (40 ) Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 85-486 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO AND JOHN C. HEERS DEVELOPMENT COMPANY RELATING TO SEWER CONNECTION AND SEWAGE TREATMENT FOR TRACT NO. 10532. (37) . The Mayor and Common Council discussed the allocation of sewer connection rights to a parcel located outside the City limits. Bernard C. Kersey, Director of Administration & Finance, Water Department, answered questions and stated that the sewer rights had been allocated to E. J. Miller in 1979, and that through a foreclosure, the property had changed owners. City Attorney Prince answered questions, stating that sewer connections go with the land, that a foreclosure might change the effect of the original agreement. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to continue the matter to the December 2, 1985, meeting of the Mayor and Common Council, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. . RES. 85-487 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE NEGATIVE DECLARATION AS TO ENVIRONMENTAL IMPACT AND ADOPTING AMENDMENT NO. 49 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO (GEN- ERAL PLAN LAND USE ELEMENT). (41 ) Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 85-487 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 85-488 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE NEGATIVE DECLARATION AS TO ENVIRONMENTAL IMPACT AND ADOPTING AMENDMENT NO. 82-1 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO (GEN- ERAL PLAN LAND USE ELEMENT). (44) . Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted 27 11/18/85 . Resolution No. 85-488 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-489 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE NEGATIVE DECLARATION AS TO ENVIRONMENTAL IMPACT AND ADOPTING AMENDMENT NO. 47 TOP THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO (GEN- ERAL PLAN LAND USE ELEMENT). (46) Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 85-489 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: . RES. 85-490 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE NEGATIVE DECLARATION AS TO ENVIRONMENTAL IMPACT AND ADOPTING AMENDMENT NO. 82-7 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO (GEN- ERAL PLAN LAND USE ELEMENT). (48) Counc i 1 Membe r Fr a z ier made a mot i on, seconded by Council Member Hernandez and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 85-490 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE NEGATIVE DECLARATION AS TO ENVIRONMENTAL IMPACT AND ADOPTING AMENDMENT NO. 52 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO (GENERAL PLAN LAND USE ELEMENT). (42) . Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the matter be continued to the December 2, 1985, meeting of the Mayor and Common Council in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE NEGATIVE DECLARATION AS TO ENVIRONMENTAL IMPACT AND ADOPTING AMENDMENT NO. 53 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO (GENERAL PLAN LAND USE ELEMENT). (43) Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the matter be continued to the December 2, 1985, meeting of the Mayor and Common Council in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. . RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE NEGATIVE DECLARATION AS TO ENVIRONMENTAL IMPACT AND ADOPTING AMENDMENT NO. 82-3 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO (GENERAL PLAN LAND USE ELEMENT). (45) 28 11/18/85 [-.- Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the matter be continued to the December 2, 1985, meeting of the Mayor and Common Council in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. . RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE NEGATIVE DECLARATION AS TO ENVIRONMENTAL IMPACT AND ADOPTING AMENDMENT NO. 82-4 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO (GENERAL PLAN HOUSING ELEMENT). (47) Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the matter be continued to the December 2, 1985, meeting of the Mayor and Common Council in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. . 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. 85-15, LOCATED AT THE SOUTHEAST CORNER OF TWENTY-FIFTH STREET AND ARROWHEAD AVENUE), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. The City Clerk read the title of the ordinance. FIRST (49) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that first reading of the ordinance be waived and said ordinance be laid over for final passage. . ORD. MC-484 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 12.20 OF THE SAN BERNARDINO 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 RESPONSIBLE BIDDER AFTER NOTICE. The City Clerk read the title of the ordinance. FINAL (50 ) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that final reading of the ordinance be waived and said ordinance be adopted. Ordinance MC-484 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. GENERAL REPORTS AND CORRESPONDENCE Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the following items be filed: (51) a. Civil Service Eligibility Lists for: . Custodial Aide Junior Stenographic Clerk Recreation Leader Senior Recreation Leader 29 11/18/85 b. The following Board of Building Commissioners' Resolution: . 1807 W. Highland Avenue BBC 1033 c. Investigation on the Commission's own motion into the rates, toll and facilities of General Telephone Company of California; and of the Pacific Telephone and Telegraph Company. d. Investigation for the purpose of establishing a list for the fiscal year 1986-87 of existing and proposed crossings at grade of city streets, county roads, or state highways most urgently in need of separation. e. Four alcoholic beverage applications for the following new and transferred licenses: NEW Kang, Byong 998 N. "H" Street Yong & Ok Yo dba Bob's Market . Uribe, Rita & 1139 W. Sixth St. Ruben F. dba Casa Del Mexicano TRANSFERRED T.G.I. Friday, I nc. dba T. G. I . Friday's 390 E. Hospitality James, Ron L. dba The James Gang's Tin Can Saloon 571 E. Redlands Blvd. Sp. #3 Off Sale General On Sale General On Sale General On Sale Beer & Wine Council Member Strickler Council Member Quiel, that filed: made the a motion, seconded by following items be (51) NEW . Bashir, Yaser 1620 W. Baseline Musa dba Nura's Market Kang, Byong Yong & Ok Yo 540 N. Mt. Vernon TRANSFERRED Kang, Byong Yong & Ok Yo 540 N. Mt. Vernon Off Sale General Off Sale General Off Sale Beer & Wine The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council meeting. . 30 11/18/85 . SALARY AND OTHER INCREASES FOR MANAGEMENT/CONFIDENTIAL EMPLOYEES In a memorandum dated November 15, 1985, M. J. perlick, Director of Personnel, stated an amendment to Resolution No. 6413 was appropriate to provide salary and other increases for Management/Confidential employees. Council Member Marks made a motion, seconded by Council Member Frazier, to consider the following resolution as a new business item. The motion carried by the following vote: Council Members Estrada, Reilly, Marks, Strickler. Noes: Council Member Hernandez. Council Member Quiel. Ayes: Frazier, Absent: COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his seat at the Council Table. . RES. 85-491 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION... ESTABLISHING A BASIC COMPENSATION PLAN....; PROVIDING FOR A 5% WAGE INCREASE FOR MANAGEMENT/CONFIDENTIAL EMPLOYEES (SECTION TWELVE) EFFECTIVE WITH THE PAYROLL PERIOD BEGINNING SEPTEMBER 30, 1985, AND A 5% WAGE INCREASE FOR MANAGEMENT/CONFIDENTIAL EMPLOYEES (SECTION TWELVE) EFFECTIVE WITH THE PAYROLL PERIOD BEGINNING JULY 7, 1986. THE MANAGEMENT/CONFIDENTIAL PERS CONTRI- BUTION SHALL INCREASE FROM 4.0% TO 5.5% EFFECTIVE WITH THE PAYROLL PERIOD BEGIN- NING NOVEMBER 11, 1985, AND INCREASES FROM 5.5% TO 7.0% EFFECTIVE WITH THE PAYROLL PERIOD BEGINNING JULY 7, 1986, AND THE CAFETERIA PLAN CONTRIBUTION FOR MANAGE- MENT/CONFIDENTIAL EMPLOYEES SHALL INCREASE FROM $158.06 TO $170.00 PER MONTH EFFECTIVE WITH THE JANUARY 1986 PREMIUM CHANGES. The City Clerk read the title of the resolution. . Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived. Council Member Marks made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-491 was vote: Ayes: Council Members Quiel, Frazier, Strickler. Hernandez. Absent: None. adopted by the following Estrada, Reilly, Marks, Noes: Council Member READING AND WAIVING OF RESOLUTIONS The City Clerk read the titles of all resolutions on the supplemental agenda. Council Member Quiel made a motion, Council Member Marks and unanimously carried, reading of the resolutions be waived. seconded by that further . 31 11/18/85 . RESOLUTION OF THE CITY OF SAN BERNARDINO GIVING NOTICE INVITING COMPETITIVE SEALED AND ORAL BIDS FOR THE SALE OF CERTAIN REAL PROPERTY OWNED BY SAID CITY, GENERALLY LOCATED SOUTH OF BELLEVIEW STREET, WEST OF PENNSYLVANIA AVENUE, IN SAID CITY, ESTABLISHING A MINIMUM SALE PRICE FOR SAID PROPERTY. (S-l) The Mayor and Common Council discussed appraisals obtained by the City for the purchase or sale of City property. Council Member Hernandez made a motion, seconded by Council Member Estrada and unanimously carried, that the matter be continued to the December 2, 1985, meeting of the Mayor and Common Council in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. . Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to direct the City Administrator to prepare an analysis of current procedures with respect to appraisals in the City and report back to the Council on December 16, 1985; upon sale of City property, the cost of the appraisal is to be added to the sales price. RES. 85-492 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO BONADIMAN-McCAIN, INC. FOR CONSTRUCTION OF SAN TIMOTEO CREEK BRIDGE ON HOSPITALITY LANE, EDA PROJECT NO. 07-01-02827. (S-2) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 85-492 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: . RES. 85-493 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUPPORTING FUNDING BY THE SAN BERNARDINO COUNTY BOARD OF SUPERVISORS FOR A 3-YEAR DEVELOPMENT PROGRAM TO IMPROVE THE COUNTY'S SCIENTIFIC INVESTIGATION SERVICES. (S-3 ) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. vote: Marks, None. Resolution No. 85-493 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 85-494 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS RELATING TO PROCUREMENT OF LIBRARY COMPUTER EQUIPMENT. (S-4) . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be adopted. 32 H/18/85 . Resolution No. 85~494 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 5.36 OF THE SAN BERNARDINO MUNICIPAL CODE TO INCREASE THE LIMIT ON PRIZES IN ANY PARTICULAR SESSION, AND TO ELIMINATE PROHIBITION AGAINST "PULL-TAB" BINGO CARDS. FIRST (S-5) The City Clerk read the title of the ordinance. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the ordinance be waived. Council Member Strickler made a motion, seconded by Council Member Quiel, that said ordinance be laid over for final passage. . The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. RECONSIDERATION - PERSONNEL ACTIONS - PARK MAINTENANCE LEADPERSON POSITIONS Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the personnel actions submitted by the Director of Personnel regarding Park Maintenance Leadperson positions, in accordance with all administrative regulations of the City of San Bernardino be approved and ratified. (See Page 2). (4 ) APPOINTMENT Parks, Recreation & Community Services John P. Gridley - Park Maintenance Leadperson - Effective November 5, 1985 PROMOTION . Parks, Recreation & Community Services Christopher D. Cook - Park Maintenance Leadperson - Effective November 5, 1985 APPROVE MINUTES - OCTOBER 21, 1985 Council Member Marks made a motion, seconded by Council Member Reilly, to continue the matter to the December 2, 1985, meeting of the Mayor and Common Council in the Council Chambers, City Hall, 300 North "0" Street, San Bernardino, California. (1) The motion carried by Council Members Estrada, Frazier, Strickler. Noes: Member Quiel. Absent: None. the following vote: Rei lly, Hernandez, None. Abstain: Ayes: Marks, Council . APPROVE MINUTES - NOVEMBER 1, 1985 Council Member Marks made a motion, seconded by Council Member Reilly, to continue the matter to the December 2, 1985, meeting of the Mayor and Common Council in the Council Chambers, City Hall, 300 North "0" Street, San Bernardino, California. (2) 33 11/18/85 . The motion carried by the following vote: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Abstain: Member Quiel. Absent: None. Ayes: Marks, Council APPOINTMENTS - CEMETERY COMMISSION - DAVID K. HEATH, CHARLES SIMPSON In memorandums dated November 14, 1985, Mayor Wilcox requested that David K. Heath, 4575 "D" Street, San Ber- nardino, and Charles Simpson, 7632 Bonnie Avenue, San Bernardino, be appointed to the Cemetery Commission. Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that the appointments of David Heath and Charles Simpson to the Cemetery Commission by Mayor Wilcox, be approved. APPOINTMENTS - POLICE COMMISSION - CLAUDE L. CHUMLEY, ALFRED J. FLETCHER In a memorandum dated November 14, 1985, Mayor Wilcox requested the appointments of Claude L. Chumley, 1545 W. Gilbert Street, San Bernardino, and Alfred J. Fletcher, 3271 Wall Avenue, San Bernardino, to the Police Commis- sion. . Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that the appointments of Claude L. Chumley and Alfred J. Fletcher to the Police Commission by Mayor Wilcox, be approved. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. APPOINTMENTS - EQUAL EMPLOYMENT OPPORTUNITY COMMITTEE (EEO) - MARGARET HO AND JOE STEJSKAL In a memorandum dated November 1, 1985, Mayor Wilcox requested the appointment of Margaret Ho, 25850 Avalon Avenue, San Bernardino, to the EEO Committee. In a memorandum dated November 18, 1985, Mayor wilcox requested the appointment of Joe Stejskal, 621 Via vista Drive, Redlands, to the EEO Committee. . Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the appointments of Margaret Ho and Joe Stejskal to the City of San Bernardino EEO Committee, be approved. . REAPPOINTMENTS - EQUAL EMPLOYMENT OPPORTUNITY COMMITTEE (EEO) - SALENA GREGORY, JANICE LOUTZENHISER, J. WILLARD MONNINGER, MANUEL MORENO, JR., SUE NOREEN, FRED POE, ANNE RHODES, JACK ROSEBRAUGH, RACHEL SHAY, RICHARD TALAMANTEZ, JOHN WILSON In a memorandum dated November 1, 1985, Mayor wilcox requested the reappointment of Salena Gregory, 1540 W. 16th Street, San Bernardino; Janice Loutzenhiser, 882 Kimbark Avenue, Devore; J. wi lIard Monn inger, 265 E. Edgemont Drive, San Bernardino; Sue Noreen, 4575 Santina Drive, Alta Loma; Manuel Moreno, Jr., 1230 W. 26th Street, San Bernardino; Fred poe, 3850 E. Atlantic, Sp. 20, San Bernardino; Jack Rosebraugh, 22445 Desoto, Grand Terrace; Anne Rhodes, 5710 Be 1 vedere Ave., Highland; Rachel Shay, 132 E. 49th Street, San Bernardino; Richard Talamantez, 2696 N. Golden Ave., San Bernardino; John Wilson, 3749 Genevieve St., San Bernardino, to the Equal Employment Opportunity Committee. 34 11/18/85 . Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the appointments of Salena Gregory, Janice Loutzenhiser, J. Willard Monninger, Sue Noreen, Manuel Moreno, Jr., Fred poe, Jack Rosebraugh, Anne Rhodes, Rachel Shay, Richard Talamantez and John Wilson to the Equal Employment Opportunity Committee, be approved. APPOINTMENT - CENTRAL CITY PARKING PLACE COMMISSION - DORENE DOMINGUEZ In a memorandum dated November 18, 1985, Member Hernandez requested the appointment of Dominguez, 11815 Honey Hills, Grand Terrace, Central City Parking Place Commission. Council Dorene to the Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the appointment of Dorene Dominguez to the Central City Parking place Commission, be approved. . CALIFORNIA CONSERVATION CORPS ASSISTANCE - POTENTIAL FLOODING PROBLEMS - LITTLE MOUNTAIN AND NORTH OF 40TH STREET In a memorandum dated November 18, 1985, Council Member Quiel requested authorization to use City forces, equipment and material and to coordinate with the California Conservation Corps to address potential flooding in recent fire areas. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the Council authorize use of City forces, equipment and material to address potential flooding problems in the area of Little Mountain and north of 40th Street where recent fires have made the land barren; further, that the Public Services Director coordinate with State officials to obtain Conservation Corps' assistance in accomplishing this task. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned Meeting and took her place at the Council to the table. Council . SECCOMBE LAKE STATE URBAN RECREATION AREA - PROJECT - PHASE lA - DRAFT DEVELOPMENT AGREEMENT In a memorandum dated November 14, 1985, Annie Ramos, Director of Parks, Recreation & Community Services, requested that the Draft Development Agreement for Phase la of Construction of Seccombe Lake State Urban Recreation Area, be approved. Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that the matter concerning the Draft Development Agreement for Phase la of Construction of Seccombe Lake State Urban Recreation Area be continued to the December 2, 1985, meeting of the Mayor and Common Council in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino. RES. 85-495 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA, THROUGH ITS CALIFORNIA CONSERVATION CORPS, FOR ADMINISTRATION OF A CCC NON-RESIDENTIAL COMPONENT FOR THE CITY OF SAN BERNARDINO. . The City Clerk read the title of the resolution. 35 11/18/85 . Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. vote: Marks, None. Resolution No. 85-495 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RECESS MEETING - CLOSED SESSION At 5:25 p.m., the Council recessed Session under the authority of Government 54957.6, regarding labor relations matters. for a Closed Code Sections CLOSED SESSION The Closed Session was called Wilcox at 5:25 p.m., in the Conference Chambers of City Hall, 300 North Bernardino, California. to order by Mayor Room of the Council "D" Street, San . 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. Also present: Director of Personnel Perlick. Absent: City Clerk Clark. ADJOURN CLOSED SESSION At 6:05 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. 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 City Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney prince, City Clerk Clark. Absent: City Administrator Matzer. PUBLIC HEARING - AFSCME - GENERAL EMPLOYEES This is the time and place set for a hearing relative to the City of San Bernardino's final offer to the union, AFSCME Local 122, regarding salary and cafeteria plan increases for General Employees. Director of Personnel Mary Jane Perlick summed up the City's final offer to the union for the City's General Employees, AFSCME Local 122, as 6% retroactive to October 1, 1985, and 5% salary increase effective July 7, 1986. This package includes an $80/135 cafeteria plan and would cost the City an additional $626,000 the first year, plus $640,000 the second year. . The Personnel Director outlined the union's request as follows: 8.6% salary increase retroactive to July 1, 1985, and 6.5% effective July 1, 1985, .2% in other benefits, and $80/135 cafeteria plan with additional increases in the second year, and a salary study. The cost of the contract, not including the salary study, would be $1,113,000 the first year and $812,000 in the second year. 36 11/18/85 Ann Imperato, staff representative for AFSCME, was present to represent the general employees. . Adam Webb, President of Local 122, made a presentation and stated that for the past twelve years, the City general employees have lagged behind on cost of living increases, and that these employees are the lowest paid in the area. Brian Hagman, Acting Party Chief in Engineering, stated that the employees are very underpaid, and spoke regarding the importance of general employees. Pat Aston, political Action Chairman of Local 122 and Senior Stenographer in the Public Works Department, spoke regarding the need for retroactivity and presented a letter from the Fire Chief to the City Administrator regarding the inability to recruit due to low wages. . Ron Running, Senior Planner, stated that the City sends mixed signals to the employees because they approved the Enterprise Zone, which grants certain tax exemptions, but tells the employees that they cannot afford to give a raise. He stated that San Bernardino employees are the lowest paid in the area, and that the City is underfilling certain positions. Bob Butler, Engineering Division, also spoke on behalf of the general employees. Ann Imperato, Staff Representative for AFSCME Local 122, gave some salary and cost of living comparisons. Ms. Imperato answered questions and stated that AFSCME is willing to go back to the bargaining table so long as there is movement on the City's part. The City Attorney answered questions regarding the impasse procedure. Nancy Cooper from Risk Management requested a salary increase. . Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to close the hearing and adjourn to 9:00 a.m., Wednesday, November 20, 1985, for a closed session to discuss labor relations. ADJOURNMENT At 6:45 p.m., Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the meeting be adjourned to 9:00 a.m., Wednesday, November 20, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. dh/J'// J?r.l/ ~A/)/2/ / ci ty Clerk . 37 11/18/85