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Home My WebLink About12-02-1985 Minutes City of San Bernardino, California December 2, 1985 . The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:06 a.m., on Monday, December 2,1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was Administrative Assistant to given by the Mayor. Richard Bennecke, PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Reilly. . ROLL CALL Roll Call was taken by the Ci ty Clerk wi th the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Quiel, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Members Hernandez, Marks, Frazier. PROCLAMATION - CHILDREN'S DAY - DECEMBER 7, 1985 Richard Bennecke, Administrative Assistant to the Mayor, read a proclamation of the Mayor declaring December 7, 1985, as Children's Day in the City of San Bernardino. Mr. Dave Livingston, Director of the YMCA, and Dr. Van Voorhis were present to accept the proclamation. COUNCIL MEMBERS FRAZIER AND HERNANDEZ ARRIVED At 9:09 a.m., Council Members Frazier and Hernandez arrived at the Council Meeting and took their places at the Council Table. PROCLAMATION - NATIONAL HOME CARE WEEK - DECEMBER 1-7, 1985 Richard Bennecke, Administrative Assistant to the Mayor, read a proclamation of the Mayor declaring the week of December 1-7, 1985, as National Horne Care Week. . Penny Smith, Clinical Services Coordinator, and Amy Harrison, Branch Manager of Staff Builders, a Health Care Services Agency, were present to accept the proclamation. PROCLAMATION - BILL OF RIGHTS WEEK - DECEMBER 9-15, 1985 Richard Bennecke, Administrative Assistant to the Mayor, read a proclamation of the Mayor declaring the week of December 9 - 15, 1985, as Bill of Rights Week. Helene Lare, Branch Manager, Coast Federal Savings & Loan, was present to accept the proclamation. PROCLAMATION - BRIGHTSIDE DAY - DECEMBER 2, 1985 Richard Bennecke, Administrative Assistant to the Mayor, read a proclamation of the Mayor declaring December 2, 1985 as Brightside Day in the City of San Bernardino. Anheuser-Busch Co. was congratulated for their public- private partnership in sponsoring Operation Brightside to assist the City in employment of disadvantaged youth. . Robert Mitre, Special Markets Coordinator, and Dan Partelow, Computer Programmer, Anheuser-Busch Co., were present to accept the proclamation. . COUNCIL MEMBER MARKS ARRIVED At 9:14 a.m., Council Member Marks arrived at the Council Meeting and took his place at the Council Table. COMMENDATION - JOSEPH L. OUSLEY - FORMER CEMETERY COMMISSIONER Phil Arvizo, Executive Assistant to the Council, read a commendation from the Common Council, commending Joseph L. Ousley, former Cemetery Commissioner, in recognition of dedicated service to the affairs of the community and civic pride demonstrated by numerous deeds for the benefit of all the citizens of San Bernardino. Mr. Joseph L. Ousley was present to accept the commendation. APPROVE MINUTES - NOVEMBER 4, 1985 Council Member Marks made a motion, seconded by Council Member Strickler, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 4th of November, 1985, as submitted in typewritten form. (3) . The Council Frazier, Abstain: motion carried by the following vote: Members Estrada, Reilly, Hernandez, Strickler. Noes: None. Absent: Council Member Quiel. Ayes: Marks, None. APPROVE MINUTES - NOVEMBER 12, 1985 Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to ap- prove the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 12th of November, 1985, as submitted in typewritten form. (4) . LIABILITY LEGAL ACTION - MASTER BUILDERS INC., VS THE CITY OF SAN BERNARDINO, ET AL Pursuant to a memorandum dated November 20, 1985, from Ronald W. Solheim, Director, Emergency Services and Risk Management, Counci 1 Member Marks made a motion, seconded by Council Member Strickler and unanimously car- ried, that the Director of Emergency Services & Risk Man- agement be authorized to settle the liability legal action of Master Builders Inc., vs. the City of San Bernardino, et al., Risk Management File 83B-116 and San Bernardino County Superior Court File No. 216306, for the sum of $2,500, as a negotiated full and complete release on the part of the City which is the result of Indemnification Proceedings due to a traffic accident at or near the in- tersection of Highland and California, City of San Bernar- dino, on or about March 8, 1982, at a time the City main- tained traffic signals were improperly operating. (6) CLAIMS AND PAYROLL Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to ap- prove demands against the City and authorize the issuance of warrants as follows: (8) 1. Approve the register of demands dated: November 12, 1985 November 19, 1985 85/86 85/86 #15 #16 $1,400,331. 73 1,263,777.71 . 2. Approve the total gross payroll for the period October 28, 1985, through November 10, 1985, in the amount of $1,146,249.53. 2 12/2/85 . WILDWOOD PARK - CATEGORICAL EXEMPTION - CONSTRUCTION OF RESTROOM FACILITIES Pursuant to a memorandum dated November 21, 1985 from Frank A. Schuma, Planning Director, Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to adopt the Categorical Exemption under C.E.Q.A., Section 15303, Class 3, for the construc- tion of restroom facilities adjoining the existing conces- sion building at Elks Field, wildwood Park, 4400 N. Water- man Avenue. (9) PERSONNEL ACTIONS Council Member Marks made a motion, seconded by Council Member Strickler, that the personnel actions sub- mitted by the Director of Personnel in accordance with all administrative regulations of the City of San Bernardino be approved and ratified. (10) The motion carried by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Estrada. APPOINTMENTS . Police Dana F. Bee - Police Officer - Effective December 30, 1985 Public Services/Street Maintenance Worker I - Effective December 3, 1985 Dean B. Cochrane Arthur S. Wilder TEMPORARY APPOINTMENTS Public Services/Street Extra Relief Heavy Laborer - Effective December 3, 1985 . Thomas S. Becerra Arthur E. Ceballos Wilbert Jackson Ralph Leyva, Jr. Michael A. Martinez Ruben R. pina James W. Walker Daniel H. Pay an Kevin D. Jackson David I. Leal Robert Macias Michael L. McGann Robert G. Vega Parks, Recreation & Community Services Teacher Aide/Part-Time - Effective November 19, 1985 LaVene Brewster Veronica MCKinney Oretha Calloway Naomi Navarro Tina L. Sandoval - Recreation Leader - Effective December 3, 1985 Recreation Aide - Effective December 3, 1985 . Linda Bowden Bridgette Conner Kynia M. Hudson Mary F. Samson Yolanda Castro Mary L. Dawson Theresa Mazurier James Simmons 3 12/2/85 Public Buildings Custodial Aide I - Effective November 18, 1985 . Phillip a. Becerra Harry J. Traylor Richard Matthews Custodial Aide I - Effective December 3, 1985 Robert L. Anderson Thomas J. Mi ller Daniel E. Benites Michael Vernon Police Law Enforcement Trainee - Effective December 30, 1985 Kenneth H. Cannon Ralph S. Ornelas Mark S. Meis James M. Sutcliffe APPOINTMENT/REHIRE . Police Helen Estrada - Complaint Desk Coordinator - Effective December 3, 1985 PROVISIONAL APPOINTMENT Monica Flores - Intermediate Typist Clerk - Effective November 25, 1985 PROMOTIONS Fire Shereen D. Garcia - Dispatcher II - From Dispatcher I to Dispatcher II - Effective December 3, 1985 Public Buildings Gary J. Hoepfner - Lead Custodian - From Custodian to Lead Custodian - Effective November 11, 1985 Personnel Leticia O. Tapia - Personnel Clerk II - From Personnel Clerk I to Personnel Clerk II - Effective December 3, 1985 . Public Works/Engineering Henry D. Wingson - Construction Inspector - From Engineering Aide to Construction Inspector - Effective November 25, 1985 TEMPORARY PROMOTIONS Parks, Recreation and Community Services Recreation Leader - From Recreation Aide to Recreation Leader - Effective December 3, 1985 Debra Y. Davis Carol D. Roberson HIGHER ACTING CLASSIFICATION . Police Nancy J. Clark - Senior Typist Clerk - From November 13, 1985 through December 2, 1985 - Effective November 13, 1985 Everett L. pinion - Police Records Manager - From November 13, 1985 through December 2, 1985 - Effective November 13, 1985 4 12/2/85 . Fire Charlotte Reynolds - Fire Prevention Engineer - From October 28, 1985 through November 8, 1985 - Effective October 28, 198~ HIGHER ACTING CLASSIFICATION/REMOVAL Public Works/Engineering Henry D. Wingson - Engineering Aide - From September 30, 198~ through November 22, 1985 - Effective November 23, 1985 LEAVE OF ABSENCE Police Cynthia L. Leon - Crossing Guard - Indefinite duration - Effective September 30, 1985 . CLAIM - ROSE BOMAR Pursuant to a memorandum dated November 20, 1985, from Ronald W. Solheim, Director, Emergency Services/Risk Management, Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously car- ried, that the Director of Emergency Services & Risk Man- agement be authorized to settle the liability legal action of Rose Bomar vs. The City of San Bernardino, et al., Risk Management File 84A-082 and San Bernardino County Superior Court File No. 225870, for the sum of $b,OOO as a nego- tiated full and complete release for alleged bodily in- juries received on or about April 19, 1984, in the 1500 block of West Gilbert Street, City of San Bernardino, when claimant tripped and fell as a result of a raised and uneven portion of a City owned sidewalk. (7) City Attorney Prince answered questions. . 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 - CONTINUED FROM NOVEMBER 18, 1985 This is the time and place continued to for consider- ation of General Plan Amendment No. 85-1, to change the General Plan frOlo General Corrunercial to Residential on a 9.3 acre site south of Highland Avenue, west of Del Rosa Avenue, north of the flood control channel and east of the southerly extension of Mountain Avenue. The applicant is W. J. E. corporation, owner Daljit S. Sarbaraia. (11) Planning Director Schuma explained that the applicant is requesting that the designation be raised from that which was proposed by the Planning Commission of Medium Residential 8-14 units per acre to Medium High Residential 15-24 units per acre. Mr. Venn Botts, 6719 S. Yates, San Bernardino, CA 92404, representing the people living in the neighborhood bounding Del Rosa Dr. from Pacific on the south to the intersection corrunonly known as "the funnel", spoke regard- ing traffic congestion and lack of sidewalks for pedes- trian traffic. "The funnel" comes down Del Rosa off High- land Avenue south to the intersection where it narrows to two lanes. He recorrunended that the hazardous conditions be corrected before allowing additional building or out- lets at that intersection. . Mr. Bill Leonard, representing Dr. Daljit Sarkaria, owner, and developer Mr. Engevik, stated they are request- ing the change of the General Plan to allow 15-24 units on the subject property and would offer a recorded document 5 12/2/85 that would incorporate the provision that development would not exceed 18 units per acre. He urged the Council to approve the General Plan Amendment at today's meeting. . Mr. Leonard answered questions, and agreed to a specific time performance of one year. City Attorney Prince answered questions regarding a recorded document with a provision limiting the development to 18 units per acre. . Council Member Reilly made a motion, seconded by Council Member Marks and unanimously carried to modify the recommendations of the Planning Commission to a residen- tial density of 15-24 units per acre, providing that prior to the adoption of the resolution an agreement is prepared and reviewed by the City Attorney and recorded which will, in effect, limit the density of the site to a maximum of 18 units per acre; establish PRO standards as opposed to conventional multi-family development; in the event the final project is approved by the City and the development has not begun within 12 months of approval of the CUP, the General Plan amendment would revert to the 8-14 units per acre density; and approval is subject to waiver of density bonus. PLANNING COMMISSION REPORT Frank Schuma, Planning Director, gave the Planning Report regarding the Planning Commission matters of the meeting of November 19,1985. The following recommendations were made: That the application for Change of Zone No. 85-20, Applicant/Owner Cable Lakes Assoc., to change the land use zoning district from MHP, Mobile Home Park to PRO, Planned Resi- dential Development at 7 dwelling units/ acre, located on an irregularly-shaped parcel of land consisting of approximately 76 acres having a frontage of approximately 3,655 feet on the northeasterly side of Frontage Road and being located approxi- mately 2,670 feet northwesterly of the centerline of Little League Drive, be ap- proved. (12) . Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, to approve the responses to comments and to adopt the Negative Declaration for environmental review which has been reviewed and considered. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, 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. . That the application for Change of Zone No. 85-21, Applicant Wimbush Realty, Owner Louisiana Pacific Corp., to change the land use zoning district from M-2, General In- dustrial to C-M, Commercial Manufacturing, on a rectangularly-shaped parcel of land consisting of 1.2+ acres located on the north side of Mill Street approximately 120 feet east of "G" Street, be recommended for approval. (13) 6 12/2/85 . council Member Estrada 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. Council Member Estrada made a motion, seconded by Council Member Strickler and unanimously carried, to approve the find ings and the recommendation of the Planning Commission and to direct the City Attorney to prepare the necessary amendments to the Zoning Ordinance. That the application for Change of Zone No. 85-22, Owner/Applicant Penthouse Invest- ment, to change the land use zoning dis- trict from R-3-1200, Multiple-Family Resi- dential to C-4, Central Business District, on a rectangularly-shaped parcel of land consisting of approximately .22 acres lo- cated at the northwest corner of 7th Street and Pershing Avenue, be recommended for approval. (14) . Council Member Estrada made a motion, seconded by Council Member Quiel and unanimously carried, to approve the responses to comments and to adopt the Negative Declaration for environmental review which has been reviewed and considered. Council Member Estrada made a motion, seconded by Council Member Quiel and unanimously carried, 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. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. STURGES AUDITORIUM - NEGATIVE DECLARATION In a memorandum dated November 21, 1985, Planning Director Schuma outlined previous Council action regarding the transfer of funds for rehabilitation of Sturges Audi- torium, and recommended the adoption of the Negative Dec- laration. (15) . Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, to adopt the Negative Declaration under C.E.Q.A. for the rehabilitation of stage lighting and equipment, renovation of building exterior including painting, replacement of glass in windows and addition of seismic bracing to the roof to meet the earthquake code, and the addition of air conditioning and heating at Sturges Auditorium, 7th and "E" Streets. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned Meeting and took his place at the Council to the Table. Council COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. . MINI-STORAGE FACILITIES REPORT - CONTINUED FROM NOVEMBER 18, 1985 This is the time and place continued to for consider- ation of a report from the Planning Staff and Commission concerning mini-storage facilities. (16) 7 12/2/85 . In a memorandum dated November 21, 1985, Planning Director Schuma reported that the Planning Commission considered the mini-storage facilities study prepared by the planni ng Department and concluded that the best alternative for the control and regulation of mini-storage facilities would be an amendment to the San Bernardino Municipal Code. It was the opinion of the Planning Commission that there is a saturation of mini-storage facilities in the City and that the City should preserve commercially designated areas for more intensive commercial uses which provide a higher tax rate and higher ratio of jobs. Planning Director Schuma answered questions regarding expansion of mini-storage facilities. The Council discussed the need to consider a permit process for expanding existing facilities. A discussion ensued regarding criteria under which a mini-storage facility could be reconstructed in the event it had been destroyed by fire, earthquake, or other act of God. . Council Member Strickler made a motion, seconded by Council Member Quiel, that the matter of the mini-storage facilities be referred to the Legislative Review Committee to work out wording on the ordinance and bring back to the Council in the proper form. City Attorney Prince and Planning Director Schuma answered questions regarding the imposition of conditions and the requirements of a Conditional Use Permit regarding mini-storage facilities. Council Member Marks made a substitute motion, seconded by Council Member Hernandez, to endorse the Planning Commission's recommendations on the mini-storage facilities and to direct the City Attorney and the Planning staff to prepare an appropriate amendment for Council review at the meeting of December 16, 1985. . The motion failed by the following vote: Council Members Hernandez, Marks. Noes: Council Estrada, Reilly, Quiel, Strickler. Absent: Member Frazier. Ayes: Members Council COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. Council Member Strickler made a motion, seconded by Council Member Quiel, to refer the mini-storage facilities matter to the Legislative Review Committee for a report back to Council at the meeting of December 16, 1985. The motion carried by the Council Members Estrada, Reilly, Council Members Marks, Frazier. Hernandez. following vote: Quiel, Strickler. Absent: Council Ayes: Noes: Member . COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. 8 12/2/85 . LEGISLATIVE REVIEW COMMITTEE REPORT - NOVEMBER 21, 1985 Council Member Strickler, Chairman of the Legislative Review Committee, presented the Legislative Review Commit- tee Report of the meeting of November 21, 1985. The fol- lowing items were discussed: (17) 1. Discussion - revocation of Sign Permit Nos. 61006, 61007 and 61008 The item was continued, and the CitYl\ttorney-and Plannlng Director to coordinate on the language in the resolution and report back to the Legislative Review committee at the next meeting. 2. Discussion - denial of Sign Permit Nos. 61024 and 61025--rl'ie-ltemwascontlnued- and the City-Attorney and Planning Director to coordinate on the language in the resolution and report back to the Legislative Review Committee at the next meeting. 3. Declaration of Impaction for the Rialto Unified School District -rhe Committee recommended a continuation of the present agreement and procedures. The Planning Director will provide the Rialto School District a memo to that effect. . 4. Ordinance - Change name of Seccombe Lake Park to Seccombe Lake State Urban Recreation Area and to prohibit fishing except in designated areas The Committee recommended coordination between Director of Parks, Recreation and Community Services and the City Attorney to provide proper language regarding fishing. The Committee recommend ed tha t the Seccombe La ke Pa r k name no t be changed. 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 21, 1985, be received and filed. . WAYS AND MEANS COMMITTEE MEETING REPORT- NOVEMBER 25, 1985 Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the report of the Ways and Means Committee meeting held on November 25, 1985 be continued to the afternoon session. (See page 34) (18) TIPPECANOE AVENUE BRIDGE - RENAME TO W. R. "BOB" HOLCOMB BRIDGE Pursuant to his memorandum dated November 21, 1985, Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the Tippecanoe Avenue Bridge be named the W. R. "Bob" Holcomb Bridge. (19) City Administrator Matzer regarding the cost of the plaque. answered questions . COMPUTER AIDED DISPATCH SYSTEM - PLANNING RESEARCH CORPORATION In a memorandum dated November 22, 1985, City Admin- istrator Matzer provided a staff report which outlined the benefits of a computer aided dispatch system. After re- view of all the available data, Mr. Matzer recommended that Planning Research Corporation (PRC) be selected to provide a computer aided dispatch system for the City. The cost of the system was estimated at $549,298, which may be reduced as a result of final negotiation with the com- pany. (20) 9 12/2/85 . Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to approve the selection of Planning Research Corporation to provide a computer aided dispatch system and authorize the nego- tiation and preparation of a contract and a financing plan. 296 SEWER CAPACITY RIGHTS - PURCHASE BY ACACIA CONSTRUCTION In a memorandum dated November 15 1985, Raymond D. Schweitzer, Deputy City Administrator, outlined the re- quest of Acacia Construction to purchase 296 capacity rights. He stated that the development has not requested a density bonus, and has submitted the non-refundable fee in the amount of $29,600. (21) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to approve the sale of 296 sewer capacity rights to Acacia Construc- tion from the City of San Bernardino's reserve and that this sale be granted upon condition that the waiver of density bonus rights be included. . INSURANCE COVERAGE - REAPPRAISAL OF ALL CITY OWNED BUILDINGS In a memorandum dated November 20, 1985, Ronald W. Solheim, Director, Emergency Services/Risk Management, presented a staff report in which he explained the urgent need for reappraisal of all City owned buildings. (22) City Administrator Matzer answered questions of the Council. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the bid by Marshall and Stevens Incorporated, of $34,000 for reappraisal of all City owned real property be approved as sole source due to circumstances, that their offer of October 25, 1985, be accepted, and that the payment be made from the Fire-Property & Earthquake Insurance Premium Fund, Account No. 001-451-53550, with the Director of Emergency Services & Risk Management named as being the designated responsible person. . SALE OF SEWER CAPACITY RIGHTS - LEGAL OPINION A discussion was held concerning possible language that could be used in future sales of sewer capacity rights regarding the waiver of density bonus (21) City Attorney Prince answered questions. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to direct the City Attorney to prepare a legal opinion for the meet- ing of December 16, 1985, on the question of whether or not the City can require a waiver of density bonus as a condition precedent to the sale of sewer capacity rights. . CITY ATTORNEY'S OFFICE - TRANSFER OF FUNDS - FROM APPROPRIATED RESERVE TO ATTORNEY'S LITIGATION ACCOUNT In a memorandum dated November 22, 1985, City Attor- ney Prince stated that Attorney Richard R. Terzian of Burke, Williams & Sorensen, has requested that the City and County appropriate an additional $2500 each for at- torneys' fees incurred in the Indian Bingo lawsuit, and explained the proceedings that have necessitated this request. Mr. Prince stated that attorney fees have al- ready exceeded $12,000. (23) 10 12/2/85 . Counci 1 Member Quiel made a motion, seconded by Council Member Marks, to authorize the transfer of $2,500 from appropriated reserve to City Attorney's Litigation Account and that the Council receive a report back from the City Attorney's office on the allocation of funds and the expenditures of funds to date. This report is to be presented at the meeting of December 16, 1985. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. GRANT ALLOCATIONS - VARIOUS ORGANIZATIONS - RECOMMENDED BY FINE ARTS COMMISSION In a memorandum dated November 14, 1985, Thelma Press, Liaison, Fine Arts Commission, stated that the Fine Arts Commission had recommended four grant allocations be approved in the total amount of $34,500. (24) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the following grant allocations, per recommendation of the Fine Arts Commission, be approved: . Mexican-American Pageant Theatre Festival for Young Audiences Inland Empire Symphony San Bernardino Valley Concert Association $ 5,000 5,000 20,000 4,500 TOTAL $34,500 COUNCIL MEMBERS ESTRADA AND MARKS EXCUSED Council Members Estrada and Marks left the Council Meeting. . SEWER LINE CONSTRUCTION FUND - TRANSFER OF FUNDS - CLEANING SANITARY SEWER LINE ON SOUTH "E" STREET In a memorandum dated November 20, 1985, Manuel P. Moreno, Jr., Director of Public Services, explained the increasing problems with the sanitary sewer system on a certain section of South "E" Street. A meeting was held with the Engineering and Water Departments and it was agreed that further delay could result in critical prob- lems. It was recommended that the sum of $10,500 be transferred from the Sewer construction Fund to cover the costs to abate the problem. (25) Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that the amount of $10,500 be transferred from the Sewer Line Construction Fund into an appropriate fund to cover the cost to contract the cleaning of the sanitary sewer line on South "E" Street, from the northern end of the siphon to the northern end of the line at the pump station south of Orange Show Road. . DOG LICENSING - EXTENSION OF DOOR-TO-DOOR PROGRAM In a memorandum dated November 20, 1985, Paul Turner, Director of Animal Control, explained the door-to-door campaign of locating unlicensed dogs and the issuance of "Notice to Correct Violation of Municipal Code" to dog owners. This program has produced significant increases in dog license revenue. Mr. Turner is seeking approval to extend the program through the end of March, 1986. (26) 11 12/2/85 . Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the door-to-door License Canvassing Program which is scheduled to expire mid-December, be extended through March 31, 1986; and that the Animal Control budget be amended to include a $12,000 increase in part-time salaries and a $12,000 increase in dog license revenues. TEMPORARY RECREATION VEHICLE PARKING - CHRISTIAN & MISSIONARY ALLIANCE CHURCH In a memorandum dated November 21, 1985, Planning Director Schuma and Jack Rosebraugh, Superintendent of Building & Safety, submitted a letter from Rev. Alan Ros- enberg, Christian & Missionary Alliance Church, in which he requested approval for a temporary variance for the purpose of allowing the parking of recreational vehicles on church property for a period of 21 days. (27) Council Member Reilly made a motion, seconded by Council member Hernandez and unanimously carried, that the Christian and Missionary Alliance Church be granted permission to park recreational vehicles for a 21 day period during January and February, 1986, provided: . 1. Recreation vehicles use approved water, electrical and sanitary systems. 2. That vehicles are maintained in a clean and attractive condition. 3. The use of recreational vehicles will be for the stated purpose, as being temporary in nature, and will be removed from the property within the stated time. 4. All zoning and Planning Department regulations to be adhered to. COUNCIL MEMBERS ESTRADA AND MARKS RETURNED Council Members Estrada and Marks returned to the Council Meeting and took their places at the Council Table. . CHANGE ORDER NO. 10 - CONSTRUCTION OF NEW TIPPECANOE BRIDGE - CROSS-GUTTER - KASLER CORPORATION In a memorandum dated November 21, 1985, Roger Hard- grave, Director of Public Works/City Engineer, explained the need for Change Order No. 10 to the contract with Kasler Corporation for the construction of the new Tippe- canoe Bridge and recommended its approval. (28) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, to authorize Change Order No. Ten to the contract with Kasler Corpora- tion, for construction of the New Tippecanoe Avenue Bridge, in accordance with Plan No. 6358; to authorize the contractor to construct a cross-gutter on the north side of San Bernardino Avenue, at Riverview Drive, at an increase in contract price of $540 from $4,309,725.00 to $4,310,265.00. . CHANGE ORDER NO. ELEVEN - CONSTRUCTION OF NEW TIPPECANOE AVENUE BRIDGE - EXCAVATE UNSUITABLE MATERIAL - KASLER CORPORATION In a memorandum dated November 21, 1985, Roger Hardgrave, Director of Public Works/City Engineer, explained the reason for Change Order No. Eleven to the contract with Kasler Corporation for the construction of the New Tippecanoe Avenue Bridge over the Santa Ana River, and recommended approval. (29) 12 12/2/85 . Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, to approve Change Order No. Eleven to the contract with Kasler Cor- poration for construction of the new Tippecanoe Avenue Bridge, in accordance with Plan No. 6358; to authorize the contractor to excavate unsuitable material to maximum depth of four feet, dispose of this material and backfill with suitable material on a "time and materials" basis (Force Account) at an estimated increase in contract cost of $4,000, from $4,310,265 to $4,314,265. CHANGE ORDER NO. TWELVE - NEW TIPPECANOE AVENUE BRIDGE - BREAKUP OF PORTLAND CEMENT CONCRETE SURFACE - KASLER CORPORATION In a memorandum dated November 21, 1985, Roger Hardgrave, Director of Public Works/City Engineer, explained the reason for Change Order No. Twelve to the contract with Kasler Corporation for construction of the New Tippecanoe Bridge. (30) . Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, to approve Change Order No. Twelve to the contract with Kasler Corporation, for construction of the new Tippecanoe Avenue Bridge, in accordance with Plan No. 6358; to authorize contractor to break up a Portland Cement concrete surface found below the wearing surface on Tippecanoe Avenue on a time and material basis (Force Account) at an estimated cost of $4,100 and to delete part of the scarifying of A.C. at a credit of ($720) for a net increase in contract price of $3,380 from $4,314,265 to $4,317,645. CHANGE ORDER NO. FOUR - BOX CULVERT - 40TH STREET AND THIRD AVENUE - E. L. YEAGER COMPANY In a memorandum dated November 21, 1985, Roger Hard- grave, Director of Public Works/City Engineer, explained the reason for Change Order No. Four to the contract with E. L. Yeager Company, for construction of a Box culvert at 40th Street and Third Avenue for replacement of unsuitable material within the structure limits with suitable back- fill, and recommended its approval. (31) . Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, to approve Change Order No. Four to the contract with E. L. Yeager Construction Co., Inc., for the construction of a Box Culvert at Fortieth Street and Devil Creek Channel, in accordance with plan No. 6503; to authorize the contractor to replace unsuitable material within the structure limits with suitable backfill, on a time and materials basis, at a net increase in the contract price of $2,278.18, from $530,087.25 to $532,365.43. CHANGE ORDER NO. FIVE - BOX CULVERT - 40TH STREET AND THIRD AVENUE - E. L. YEAGER CONSTRUCTION CO. In a memorandum dated November 21,1985, Roger Hardgrave, Director of Public works/City Engineer, explained the reason for Change Order No. Five to the contract with E. L. Yeager Construction Co. for construction of a box culvert at 40th Street and Third Avenue, extension of northeast wing wall vertically, and recommended its approval. (32) . Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, to approve Change Order No. Five to the contract with E. L. Yeager Construction Co., Inc., for the construction of a Box Culvert at Fortieth Street and Devil Creek Channel, in accordance with Plan No. 6503; to authorize the contractor 13 12/2/85 . to extend the northeast wing wall vertically approximately one foot in height, to the height of the adjacent sidewalk, on a time and materials basis, at an increase in the contract price not to exceed $950 from $532,365.43 to $533,315.43. CHANGE ORDER NO. THREE - PARK CENTRE IRRIGATION AND LANDSCAPING - ARTHUR SHOOTER ASSOCIATES, INC. In a memorandum dated November 14, 1985, Roger Hard- grave, Director of Public Works/City Engineer, explained the reason for Change Order No. Three to the contract with Arthur Shooter Associates, Inc. for irrigation and land- scaping in Park Centre, for a final rotortill after the soil amendments have been applied. Mr. Hardgrave stated that Mr. John Hocking, General Manager of Gage Canal, has declined to allow the contractor to cross Gage Canal with the irrigation lines, thus the Gage Canal property will be deleted from the area to be landscaped. (33) . Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, to approve Change Order No. Three to the contract with Arthur Shooter Associates, Inc., for construction of irrigation and landscaping at Park Centre, in accordance with Plan No. 6760; to authorize payment for various items of extra work and deletions, at a net increase in contract price of $10,249.87, from $630,596 to $640,845.87. GAGE CANAL LANDSCAPING The Mayor and Council Canal would not be included scaping in Park Centre. discussed the fact that Gage in the irrigation and land- (33 ) Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, to direct the City Attorney to check to see if Gage Canal could be required to participate in the irrigation and landscaping in Park Centre. . APPEAL - REMOVAL OF TREE - SOUTHEAST CORNER OF 34TH AND "E" STREET - SET HEARING In a letter dated November 21, 1985, Helen S. Wal- lick, present owner of the house at 3393 N. "E" Street, and John Coble, prospective owner of said property, ap- pealed the recommendation of Cal-Trans, the Mayor's Traf- fic Safety Committee and the Director of Public Services, regarding the removal of the first tree located at the southeast corner of 34th street and "E" Street. The rea- son for the removal was that it was found to create a sight problem for westbound traffic stopping on 34th Street. (34) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the appeal filed by Helen S. Wallick and John Coble for the removal of a tree located at the southeast corner of 34th Street and "E" Street, be set for hearing on Monday, December 16, 1985, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . SCHOOL IMPACTION FEE EXEMPTION - REQUEST FROM LANDTECH, INC. FOR RECONSIDERATION In a letter dated November 18,1985, Patricia Necochea, Landtech, Inc. requested reconsideration of the decision to deny exemption of the school facilities fees for construction of Sunpointe Village. (36) 14 12/2/85 . Previous Council action regarding the request by Landtech, Inc. for exemption from school facilities fees included a hearing on Monday, November 4, 1985, on the San Bernardino City Unified School District's appeal of the Legislative Review Committee's approval of the petition of Landtech, Inc., for exemption from payment of school facilities fees. This hearing was continued to Tuesday, November 12, 1985. At this meeting the Council acted to uphold the decision of the City Attorney's Office, grant the appeal of the School Board and deny the appeal of Landtech, Inc. regarding school impaction fees. Council Member Quiel made a motion, Council Member Strickler, that the matter of school facilities fees for Landtech, Inc. for of Sunpointe Village be reconsidered. seconded by exemption of construction The Council Frazier, None. motion carried by the following vote: Members Estrada, Reilly, Hernandez, Strickler. Noes: Council Member Marks. Ayes: Quiel, Absent: . Noting that representatives from the San Bernardino Unified School District and Landtech, Inc. were present, the Mayor opened the hearing. City Attorney Prince stated that Deputy City Attorney Wilson requested, with Mr. Prince's agreement, that there be a cut off date for hearing a request for an exemption, because the original cut off date was in September. Joseph Ghadir, representing Landtech, Inc., explained that Landtech had gotten a new letter of commitment from a new lender that does not contain a "weasel clause". After discussion about the fact that the new letter of commitment was supposed to come from the original lend- er, Nevada National Bank, Mr. Ghadir stated he had not understood that provision in previous discussions with Council Members. . patricia Necochea, Landtech, Inc., stated that this matter concerns not only Sunpoint Village, but also Lei- sure Park, which is a development of 112 apartments for the elderly. She spoke of receiving different interpreta- tions of procedures to follow in obtaining the exemption from school facilities fees. City Attorney Prince stated his office had consis- tently taken the same position that the previous letter submitted was not a firm commitment. A discussion ensued regarding the effective date of the implementing resolution. Dr. Hal Boring, San Bernardino City Unified School District, answered questions, and stated that the lottery will provide approximately $750,000 to this District, but this money can't be used for construction. Deputy City Attorney Wilson explained the reasons why an exemption was granted to Barmakian, although their letter had some equivocating language. . City Attorney Prince explained why he supported Mr. Wilson's conclusion that the letter of commitment from the Nevada National Bank was not a firm, fixed, verified com- mitment for a loan. 15 12/2/85 . Mr. Frank Ayala, San Bernardino City Unified School District, clarified the conversations he had with Joseph Ghadir and patricia Nechocea. Council Council Member the hearing. Member Marks made a motion, seconded by Estrada and unanimously carried, to close Counci 1 Member Marks made a motion, seconded by Council Member Hernandez, to reaffirm the decision of the City Attorney. City Attorney Prince suggestion to table the action. agreed with the City Clerk's matter or take no further Council Member Marks withdrew his motion. Council Member Marks made a motion, seconded by Council Member Hernandez that the matter of Landtech's request for an exemption from school facilities fees be tabled. . The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier. Noes: Council Members Quiel, Strickler. Ab- sent: None. ON-STREET PARKING - HOSPITALITY LANE - HILTON HOTEL Pursuant to a memorandum dated December 2, 1985, from Mayor Wilcox, Council Member Hernandez made a motion, seconded by Council Member Estrada and unanimously carried, that on-street parking be permitted on Hospitality Lane between the hours of 5:30 - 8:00 p.m., Monday, December 2, 1985, to allow for extra parking for attendees at the Hilton's Holiday Open House. FORMER COUNCIL MEMBER CASTANEDA - RECOGNIZED Former Council Member Castaneda of the First Ward was in the audience and welcomed by Mayor Wilcox. . 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 "0" Street, San Bernardino, California. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. TEFRA PUBLIC HEARING - DEL ROSA GARDENS PROJECT - PROPERTY BOUNDED BY DEL ROSA ON THE WEST, DEL ROSA AVENUE ON THE SOUTH, ELMWOOD ON THE EAST AND HIGHLAND AVENUE ON THE NORTH This is the time and place set for a TEFRA public hearing to consider the application of Elmwood Del Rosa, for financing in the amount of $11,400,000 for construc- tion of a 200 unit senior citizen housing development on property bounded by Del Rosa Avenue on the west, Del Rosa Avenue on the south, Elmwood Road on the east and Highland Avenue on the north. (R-4) . 16 12/2/85 . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS IN ACCORDANCE WITH SECTION 103(K) OF THE INTERNAL REVENUE CODE OF 1954, AS AMENDED, APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE AUTHORIZATION, SALE AND ISSUANCE OF APPROXIMATELY $11,400,000 PRINCIPAL AMOUNT OF MULTI-FAMILY MORTGAGE REVENUE BONDS (MERCURY SAVINGS AND LOAN ASSOCIATION/DEL ROSA APARTMENTS PROJECT). Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that said TEFRA public hearing be continued to Monday, January 6, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . DISPOSITION AND JOINT DEVELOPMENT AGREEMENT - DARMOR SC- AMENDMENT In a memorandum dated November 22, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, explained that the Agency entered into a Disposition and Joint de- velopment Agreement with Dan Evans, Keith Harwood and Western Communities Association for the development of approximately 150 apartment units. The agreement has been amended twice. The proposed third amendment concerns the reimbursement by the Agency to the developer of $30,000 towards the cost of the installation of the landscaping improvements. (R-7) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to approve, in concept, a third amendment to the Disposition and Joint development agreement with Darmor SC, a California General Partnership. TEFRA PUBLIC HEARING - S. P. DEVELOPMENT In a memorandum dated November 22, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, stated that the Agency had received an application from S. P. Commercial Development for a commercial project. The proposed project is located on a three acre site located at 155 W. Caroline Street. Ms. Saul also stated that the developer has requested a continuance. (R-9) . Council Member Quiel made a motion, Council Member Estrada and unanimously continue the proposed S.P. Development hearing to Monday, January 20, 1986 in Chambers of ci ty Hall, 300 North "D" Bernardino, California. seconded by carried, to TEFRA public the Council Street, San RES. 85-496 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AUTHORIZING THE ISSUANCE AND SALE OF CITY OF SAN BERNARDINO INSURED HOSPITAL REVENUE BONDS (SAN BERNARDINO COMMUNITY HOSPITAL), SERIES 1985A, THE EXECUTION AND DELIVERY OF AN INDENTURE, LOAN AGREEMENT, BOND PURCHASE CONTRACT, OFFICIAL STATEMENT, REGULATORY AGREEMENT, AND CONTRACT OF INSURANCE, AND APPROVING A DEED OF TRUST AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THERE- WITH. (R-llA) . City Clerk Clark read the title of the resolution. 17 12/2/85 Council Member Quiel stated he would abstain from voting on said resolution due to a possible conflict of interest. . Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolution be waived. Council Member Strickler made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 85-496 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Strickler. Noes: None. Absent: Council Member Frazier. Abstain: Council Member Quiel. RES. 85-497 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECU- TION OF AN AGREEMENT FOR BOND COUNSEL SER- VICES WITH ORRICK, HERRINGTON, & SUTCLIFF. (R-llB) City Clerk Clark read the title of the resolution. . Council Member Quiel stated he would abstain voting on said resolution due to a possible conflict of interest. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolution be waived. Council Member Strickler made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 85-497 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Strickler. Noes: None. Absent: Council Member Frazier. Abstain: Council Member Quiel. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council . RES. 85-498 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, APPROVING CERTAIN DOCU- MENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE AUTHORIZATION, SALE AND ISSUANCE OF ITS CITY OF SAN BERNARDINO, CALIFORNIA, SINGLE FAMILY RESIDENTIAL MORT- GAGE REVENUE BONDS (GNMA MORTGAGE-BACKED SECURITIES PROGRAM), ISSUE OF 1985, IN PRINCIPAL AMOUNT NOT TO EXCEED $36,000,000. (R-13) City Clerk Clark read the title of the resolution. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived. . Resolution No. 85-498 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Hernandez. 18 12/2/85 . ORD. MC-485 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SEC'rION 3.18.050 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR ADDITIONAL TIME FOR THE FEE EXEMPTION PROVISION TO APPLY IN THE EN'rERPRISE ZONE. (R-5) City Clerk Clark read the title of the ordinance. Sr. Assistant questions, stating Enterprise Zone is ordinance. City Attorney Briggs answered that the commercial area of the specifically described in the Glenda Saul, Executive Director of the Redevelopment Agency, explained the process whereby the commercial zones were designated for the Enterprise Zone. She stated that Mt. Vernon Avenue was designated as the key commercial zone within the Enterprise Zone. Under the Nolan legisla- tion, there was some indication that some areas could be pirated in under the state provisions. Baseline could be added later. . Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that final reading of the ordinance be waived and said ordinance be adopted. Ordinance MC-485 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, strickler. Noes: None. Absent: None. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. . INTERNATIONAL CHRISTIAN GRADUATE UNIVERSITY - CAMPUS CRUSADE FOR CHRIST - INDUCEMENT RESOLUTIONS - COOPERATIVE AGREEMENT WITH COUNTY In a memorandum dated November 26, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, introduced three resolutions for three separate bonds for a project for International Christian Graduate University. The developer is Arrowhead Springs Ranch, a partnership, Steven Douglas, Campus Crusade for Christ International, Warner Hodgdon, Project Manager. The location of the proposed development is Arrowhead Springs Ranch, State Highway 18 and Old Waterman Canyon Rd. Ms. Saul outlined the purpose of each of the three resolutions. . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FINDING THAT AN APPLICATION FOR INDUSTRIAL DEVELOPMENT BOND FINANCING HAS BEEN SUB- MITTED PURSUANT TO THE PROVISIONS OF ORDI- NANCE NO. 3815 OF THE CITY FOR A CERTAIN PROJECT, FINDING THAT SAID APPLICATION COMPLIES WITH THE PROVISIONS AND REQUIRE- MEN'rs OF SAID ORDINANCE NO. 3815; APPROV- ING SAID APPLICATION AND THE PROJECT TO WHICH IT REFERS; DIRECTING THE PREPARATION OF A PROJECT AGREEMENT, A RESOLUTION OF ISSUANCE AND SUCH OTHER LEGAL DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT SAID PROJECT AND PROVIDE FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS THEREFORE; AND MAKING CERTAIN OTHER FINDINGS AND DETER- MINATIONS IN CONNECTION THEREWITH. (R-6A) 19 12/2/85 . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FINDING THAT AN APPLICATION FOR INDUSTRIAL DEVELOPMENT BOND FINANCING HAS BEEN SUBMITTED PURSUANT TO THE PROVISIONS OF ORDINANCE NO. 3815 OF THE CITY FOR A CERTAIN PROJECT, FINDING THAT SAID APPLICATION COMPLIES WITH THE PROVISIONS AND REQUIREMENTS OF SAID ORDI- NANCE NO. 3815; APPROVING SAID APPLICATION AND THE PROJECT TO WHICH IT REFERS; DIRECT- ING THE PREPARATION OF A PROJECT AGREEMENT, A RESOLUTION OF ISSUANCE AND SUCH OTHER LEGAL DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT SAID PROJECT AND PROVIDE FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS THEREFORE; AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWI TH. (R- 6B) . RESOLUTION ADOPTING A HOUSING FINANCE REV- ENUE BOND PROGRAM IN COOPERATION WITH THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FOR AND ON BEHALF OF THE CITY A COOPERATIVE AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO. (R-6C) The City Clerk read the titles of the three resolutions included in Item R-6. Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of the resolutions in Item R-6 be waived. Dr. Bill Bright, President of Campus Crusade for Christ, came before the Mayor and Common Council and introduced Mr. Warner Hodgdon, project Manager for the Arrowhead Springs Project. . Mr. Hodgdon presented to the Mayor and Common Council a slide presentation regarding the Arrowhead Springs Project, which includes 5,000 residential units, two golf courses, a health spa and other facilities. Mr. Hodgdon began by giving a summary of the history of Campus Crusade for Christ and its world wide operations and a more detailed description of the Administrative Complex located in San Bernardino. The presentation included U. S. Geological service map pictures of the Campus Crusade for Christ facilities as they currently exist, and historical information regarding Arrowhead Springs resort and conference facilities. Mr. Hodgdon explained to the Mayor and Common Council that the project, consisting of 5,000 units, is to be built on approximately 2,000 acres of land at Arrowhead Springs, which is owned by the Campus Crusade for Christ. Eighty percent (80%) of these units would be constructed in the County and twenty percent (20%) would exist within the boundaries of the City. Mr. Hodgdon further explained the impact a project of this size could have on the Com- munity's economic and social vitality. . Mr. offered Counc i 1. Hodgdon concluded his slide presentation and to answer questions of the Mayor and Common 20 12/2/85 . (It was agreed that consideration of the three inducement resolutions regarding the International Christian Graduate University would be continued in the afternoon session. See page 22) RECESS MEETING At 12:45 p.m., Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting be recessed until 2:00 p.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:06 p.m., the 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, Strickler; Sr. Assistant City Attorney Briggs, City Clerk Clark, City Administrator Matzer. Absent: Council Members Quiel, Frazier. RES. 85-499 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO AND STURGES CENTER FOR THE ARTS, INC. (R-16) The City Clerk read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived. COUNCIL MEMBER FRAZIER ARRIVED At 2:09 p.m., Council Member Frazier arrived at the Council Meeting and took his place at the Council Table. . Ken Henderson, Community Development Manager, ex- plained that San Bernardino County increased its funding to Goodwill Industries by $50,000 and the City decreased its funding to Goodwill Industries by $50,000, which amount was then given to the funding for Sturges renova- tion. This action was taken because the County wished to participate in the renovation of Sturges, but was unable to so directly because it is located within the City. Glenda Saul, Executive Director of the Redevelopment Agency, stated that the proceeds of the sale of the California Theater had been pledged to the rehabilitation of Sturges. COUNCIL MEMBER QUIEL ARRIVED At 2:25 p.m., Council Member Quiel arrived at the Council Meeting and took his place at the Council Table. Council Member Strickler made a motion, seconded by Council Member Reilly, that said resolution be adopted. . Resolution No. 85-499 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Members Estrada, Hernandez. Absent: None. 21 12/2/85 . INTERNATIONAL CHRISTIAN GRADUATE UNIVERSITY - CAMPUS CRUSADE FOR CHRIST - INDUCEMENT RESOLUTIONS - COOPERATIVE AGREEMENT WITH COUNTY - CONTINUED FROM EARLIER IN THE MEETING. This is the time and place continued to for discussion on the International Christian Graduate University Inducement resolutions and Cooperative Agreement with San Bernardino County. . RES. 85-500 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO FINDING THAT AN APPLICATION FOR INDUS- TRIAL DEVELOPMENT BOND FINANCING HAS BEEN SUBMITTED PURSUANT TO THE PROVISIONS OF ORDINANCE NO. 3815 OF THE CITY FOR A CER- TAIN PROJECT, FINDING THAT SAID APPLICATION COMPLIES WITH THE PROVISIONS AND REQUIRE- MENTS OF SAID ORDINANCE NO. 3815; APPROVING SAID APPLICATION AND THE PROJECT TO WHICH IT REFERS; DIRECTING THE PREPARATION OF A PROJECT AGREEMENT, A RESOLUTION OF ISSU- ANCE AND SUCH OTHER LEGAL DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT SAID PROJECT AND PROVIDE FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS THEREFORE; AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. (R-6A) . RES. 85-501 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO FINDING THAT AN APPLICATION FOR INDUS- TRIAL DEVELOPMENT BOND FINANCING HAS BEEN SUBMITTED PURSUANT TO THE PROVISIONS OF ORDINANCE NO. 3815 OF THE CITY FOR A CER- TAIN PROJECT, FINDING THAT SAID APPLICATION COMPLIES WITH THE PROVISIONS AND REQUIRE- MENTS OF SAID ORDINANCE NO. 3815; APPROVING SAID APPLICATION AND THE PROJECT TO WHICH IT REFERS; DIRECTING THE PREPARATION OF A PROJECT AGREEMENT, A RESOLUTION OF ISSUANCE AND SUCH OTHER LEGAL DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT SAID PROJECT AND PROVIDE FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT BONDS THEREFORE; AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. (R-6B) RESOLUTION ADOPTING A HOUSING FINANCE REV- ENUE BOND PROGRAM IN COOPERATION WITH THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FOR AND ON BEHALF OF THE CITY A COOPERATIVE AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO. (R-6C) Sr. Assistant City Attorney Briggs spoke regarding the mortgage revenue bonds, stating that it is a different type of financing. This is a nonprofit, tax exempt foundation and is not subject to the same rules that are going out at the end of 1985. . Ed Rojas, with the Law Office of Mudge, Rose, explained current legislation provisions relating to a volume cap, multi-family exemption. He stated there are currently some problems because of the way it is struc- tured. If the bonds are issued prior to the end of this year, they will be grandfathered in. Non profits are not 22 12/2/85 subject to the same volume cap as other issues. However, that may change with new legislation in 1986. . Glenda Saul, Executive Director of the Redevelopment Agency, explained that the tax laws will change at the end of the year. Nonprofit organizations will then come under the same volume cap. Jim Iverson, Miller & Schroeder, referred to the $10,000,000 capital expenditure limitation. A bill that has been passed by the House Ways and Means Committee contains provisions that all bonds will be subject to a per-capi ta volume cap and includes bonds issued by 501 (C) (3) nonprofit corporations. Also changed are some of the income accountability regulations and income limi- tations. What is hoped to be accomplished today is to try to get the proposals grand fathered in from the proposed volume cap. . Mr. Iverson also stated that the volume cap for mul- ti-family housing in the State has been reached, which means the County cannot issue any more multi-family bonds. The only two exceptions were Housing Authorities and Redevelopment Agencies. It is estimated that approximate- ly 1,000 units of the proposed housing would be located within the City of San Bernardino. Mr. Iverson requested the Housing Authority of the County of San Bernardino, who has become the issuing vehicle for a whole series of mul- ti-family projects, to process the applications for this project in order to beat the January deadline. He stated that in structuring this, there is absolutely no liability to the City. Mr. Iverson also explained the financing plans if these inducement resolutions are approved. In case the project does not go forward, the bond issue would be collapsed and the bond holders paid off. There would be no liability to the city and the responsibilities of Campus Crusade for the project are extinguished. It was explained that any excess profits from arbitrage would revert back to the Housing authority. . Mr. Abramowitz, Mudge, Rose, explained that at the present time, the proposed development would consist of 80% regular mortgage and 20% low/moderate income. How- ever, if the project is not completed as scheduled and there were some excess arbitrage earnings, at the end of the escrow, the excess arbitrage would then be released to the Housing Authority to be used for low income housing. Assistant City Attorney Briggs answered questions regarding the issue of profit or nonprofit status of this project. Mr. Warner Hodgdon answered questions regarding the project and the issue of whether this is a nonprofit secu- lar venture or a profit non secular venture. He also answered questions regarding the intent of the resolutions being considered. He explained that the resolutions being considered are only inducement resolutions. All documents are to come back for final Council approval. He also affirmed that all facilities are open to all citizens regardless of race, color, or creed. . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that Resolution R-6A be adopted. (This resolution relates to refurbishing of existing facilities.) 23 12/2/85 . Resolution No. 85-500 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that Resolution R-6B be adopted. (This resolution relates to student and faculty housing for the International Christian Graduate University) Resolution No. 85-501 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Council Member Strickler made a motion, seconded by Council Member Quiel, that Resolution R-6C be adopted. Sr. Assistant City Attorney Briggs stated that the Agreement, page 2 Section 7 provides that 1/8 of 1% of the development fee will be retained by the County and the City will received 7/8 of 1%. . Jim Iverson, Miller & Schroeder, explained that the action requested today is to get the money in place so that the project can be grandfathered in. It does not mean that the Council is not going to have an opportunity to spend alot of time working at this and talking with Dr. Bright's people about the impact on the community. Council Member Frazier made a substitute motion, seconded by Council Member Estrada and unanimously car- ried, that Resolution R-6C, relating to the construction of 5,000 housing units, be continued to Thursday, December 5,1985, at 4:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to form a special ad hoc committee for the purpose of meeting with staff and developer and other interested parties relating to providing 5,000 housing units. Council Members Hernandez, Marks and Quiel volunteered to serve on the committee. . COUNCIL MEMBERS HERNANDEZ AND MARKS EXCUSED Council Members Hernandez and Marks left the Council Meeting. RES. 85-502 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREE- MENT WITH JOHN R. TRAUTH RELATING TO HOUS- ING CONSULTANT SERVICES FOR THE REDEVELOP- MENT AGENCY OF THE CITY OF SAN BERNARDINO. (R-17) City Clerk Clark read the title of the resolution. Council Member Estrada made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived. . COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. 24 12/2/85 . Resolution No. 85~502 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. RES. 85-503 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A GRANT DEED CONVEYING CERTAIN PROPERTY TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. (R-19) City Clerk Clark read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of the resolution be waived, and said resolution be adopted. Resolution No. 85-503 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. . Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, to set a Joint Public Hearing regarding proposed sale to Hispanic Chamber of Commerce that certain property located at 972 North Mt. Vernon Avenue for January 6, 1986. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. MARKET FEASIBILITY STUDY 1985 SINGLE FAMILY BOND ISSUE - SET WORKSHOP In a memorandum dated November 25, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, stated that in October the Commission approved a Market Feasibil- ity Report for pending 1985 Single Family Issue, which is necessary to issue the 1985 bonds. Also attached was a copy of the report prepared by Empire Economics. (20) Sandy Lowder, Resources Coordinator, explained that a workshop on this matter is not necessary at this time and recommended that the report be received and filed. . Glenda Saul, Executive Director of the Redevelopment Agency, answered questions. Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, that the report be received and filed. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. RES. 85-504 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, AMENDING A CERTAIN APPLI- CATION AND RATIFYING THE PUBLICATION OF A NOTICE OF PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $27,000,000 PRINCIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVENUE BONDS BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (CAL SHEL PROJECT) (R-21) City Clerk Clerk read the title of the resolution. . Council Member Reilly made a motion, seconded by Council Hember Estrada and unanimously carried, that 25 12/2/85 . further reading of the resolution be waived and said resolution be adopted with changes recommended by Agency Counsel. Resolution No. 85-504 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Strickler. Noes: None. Absent: Council Members Marks, Quiel, Frazier. RES. 85-505 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, TRANSFERRING TO THE CITY OF FORT BRAGG, CALIFORNIA, A PORTION OF THE CALENDAR YEAR 1985 PRIVATE ACTIVITY BOND LIMIT OF THE CITY OF SAN BERNARDINO, CALIFORNIA. (R-23) City Clerk Clark read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. . Resolution No. 85-505 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Strickler. Noes: None. Absent: Council Members Marks, Quiel, Frazier. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council HOUSING FEASIBILITY STUDY - AUTHORIZE AGENCY STAFF TO CONTRACT In a memorandum dated November 27, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, described legislation that concerns a 20% set aside of tax increment for low and moderate income housing for redevelopment projects adopted prior to 1977. Staff is requesting authorization to contract with Empire Economics to conduct a low/moderate housing study to determine current low/moderate income housing needs. . Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, to authorize Agency staff to contract with a housing feasibility consultant for an amount not to exceed $10,000 and to further authorize Agency staff and said consultant to determine methods required to enable the Agency to be in compliance with the provisions of AB 265 which added Health and Safety Code Sections 33334.6 and 33334.7 to meet. the housing needs within the City of San Bernardino. COUNCIL MEMBERS MARKS AND QUIEL RETURNED Counci 1 Members Marks and Quiel returned to the Council Meeting and took their places at the Council Table. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. READING AND WAIVING OF ALL RESOLUTIONS ON THE AGENDA City Clerk Clark read the titles of all the resolutions on the City's Regular Agenda. . Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of all the resolutions on the Agenda be waived. 26 12/2/85 . RES. 85~506 - 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. (38) Council Member Strickler made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 85-506 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Estrada. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned Meeting and took her place at the Council to the Table. Council . RES. 85-507 - 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. (37) City Administrator Matzer answered questions regard- ing the appraisal and letter of valuation, and explained the difference between the two. An appraisal gives a very extensive report supporting the dollar value, while the letter of valuation is basically a single page letter that states that a value has been placed on the property. Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted. vote: Marks, None. Resolution No. 85-507 was adopted by the Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: None. following Hernandez, Absent: . 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 ELE- MENT). SOUTH OF LYNWOOD DRIVE, NORTH OF EUREKA STREET, WEST OF MOUNTAIN AVENUE, EAST OF DEL ROSA AVENUE BETWEEN EUREKA STREET AND MARSHALL BLVD.) (39) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be continued to December 16, 1985, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California and that City Administrator Matzer be directed to make the appropriate changes. COUNCIL MEMBERS ESTRADA AND Council Members Estrada Council Meeting. HERNANDEZ EXCUSED and Hernandez left the . 27 12/2/85 . RES. 85~508 ~ RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE NEGATIVE DECLARA- TION AS TO ENVIRONMENTAL IMPACT AND ADOPT- ING AMENDMENT NO. 82-4 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO (GENERAL PLAN HOUSING ELEMENT). (40) Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 85-508 was adopted by the following vote: Ayes: Council Members Reilly, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Hernandez. Abstain: Council Member Marks. RES. 85-509 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND RATIFYING THE PURCHASE OF SEVEN HUNDRED (700) SEWER CAPA- CITY RIGHTS FROM THE MUNICIPAL WATER DE- PARTMENT; APPROVING AND RATIFYING THE EXE- CUTION OF AN AGREEMENT THEREFOR; AND AU- THORIZING OBTAINING OF A LETTER OF CREDIT THEREFOR. (43) . Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-509 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Frazier, Strickler. Noes: None. Absent: Members Estrada, Hernandez. Quiel, Council RES. 85-510 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION AND RATIFICATION OF A LEASE WITH HIGHLAND PLAZA PARTNERS, RELATING TO THE PREMISES LOCATED AT 2021 HIGHLAND AVENUE AND PERMITTING THE CITY TO USE THE PREMISES FOR A POLICE COM- MUNITY SERVICE OFFICE OR FOR ANY OTHER LAWFUL PUBLIC PURPOSES; AND REPEALING RESO- LUTION NO. 85-402. (44 ) Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. . Resolution No. 85-510 was adopted by the following vote: Ayes: Counci 1 Members Rei lly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Hernandez. RES. 85-511 - RESOLUTION OF THE CITY OF SAN BERNARD I NO AUTHOR I ZING THE EXECUT I ON OF AGREEMENTS FOR FINANCIAL ASSISTANCE FOR FISCAL YEAR 1985-86 WITH FRAZEE COMMUNITY CENTER, MERRI-MIXERS, ROLLING START, INC., FAMILY SERVICE AGENCY, CASA RAMONA, INC., AND BOYS CLUB OF SAN BERNARDINO, INC. (45) Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-511 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Members Estrada, Hernandez. . COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned Meeting and took her place at the Council to the Table. Council 28 12/2/85 . COUNCIL MEMBERS QUIEL AND FRAZIER EXCUSED Council Members Quiel and Frazier left the Council Meeting. RESOLUTION OF THE CITY OP SAN BERNARDINO APPROVING THE NEGATIVE DECLARATION AS TO ENVIRONMEN'fAL IMPAC'r AND ADOPTING AMENDMENT NO. 52 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO (GENERAL PLM, LAND USE ELE- MENT) NORTH OF BARSTOW FREEWAY 1-215 BE- TWEEN CABLE CAN \'01'< ROAD AND DEERCREST DRIVE, SOUTHERLY OF DEVORE. (41) Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be continued to Monday, December 16, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and referred to City Administrator Matzer for appropriate changes. . COUNCIL MEMBERS HERNANDEZ AND QUIEL RETURL'IED Council Members Hernandez and Quiel returned to the Council Meeting and took their places at the Council Table. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE NEGATIVE DECLARATION AS TO ENVIRONl1ENTAL IMPACT AND ADOPTING AHENDMENT NO. 53 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO (GENERAL PLAN LAND USE ELE- MENT) BETWEEN WATERMAN AVENUE AND 'rIPPE- CANOE AVENUE, NORTH OF 1-10 FREEWAY. (42) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be continued to Monday, December 16, 1985, and referred to City Administrator Matzer to make appropriate changes. . RES. 85-512 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AND RATIFYING A FIRST AND SECOND AMENDMENT TO AGREEMENT WITH SAN HIDALGO FOUNDATION, INC., RELATING TO A TWO-MON'fH EX'fENSION OF A NUTRITION FOR SENIORS PROGRAM EFFECTIVE JULY I, 1985, PROVIDING FOR COMPENSATION TO EMPLOYEES BY FOUNDATION, AND REPEALING RESOLUTION NO. 85-308. (46) Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. vote: Marks, Member Resolution No. 85-512 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Council Frazier. RES. 85-513 - RESOLUTION OF 'rHE Crf\' OF SAN BERNARDINO AWARDING A BID TO KAWASAKI OF RIVERSIDE FOR THE FUm,ISHING AND DELIVERING OF SEVEN NEW POLICE MOTORCYCLES IN ACCOR- DANCE WITH BID SPECU'ICNrION NO. F-85-37. (47) Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. . Resolution No. 85-513 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. 29 12/2/85 . RES. 85-514 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO THE REFUSE COMPACTOR SERVICE FOR THE FURNISHING AND DELIVERING OF 135 REFUSE BINS CONSISTING OF: CATEGORY 1-10 EACH - 30 CUBIC YARD BINS, CATEGORY II - 75 EACH - 3 CUBIC YARD BINS, AND CATEGORY III - 50 EACH - 4 CUBIC YARD BINS TO BE UTILIZED BY THE REFUSE DEPARTMENT IN ACCORDANCE WITH SPECIFICATION NO. F-85-33. (48) Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 85-514 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. RES. 85-515 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO NIXON-EGLI EQUIPMENT CO. FOR THE FURNISHING AND DELIV- ERING OF ONE NEW DIESEL ASPHALT ROLLER IN ACCORDANCE WITH BID SPECIFICATION F-85-39. (49) . Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 85-515 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. RES. 85-516 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING IN PRINCIPLE REVISIONS TO THE SOLID WASTE MANAGEMENT PLAN PROPOSED FOR THE COUNTY OF SAN BERNARDINO. (51) Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 85-516 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. . COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. CONTRACT BUDGETED AMOUNT - BID PRICE - ON RESOLUTIONS AND STAFF REPORTS FOR EXPENDITURES - CITY POLICY Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the Mayor and Common Council adopt a policy requiring each department and/or the purchasing Agent to include a budgeted amount as well as the contract or bid price on resolutions and staff reports for expenditures. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. . COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. 30 12/2/85 . RES. 85-517 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO CREST CHEVRO- LET FOR THE FURNISHING AND DELIVERING OF TWO NEW 3/4 TON PICK-UP TRUCKS, CHASSIS ONLY, IN ACCORDANCE WITH BID SPECIFICATION F-85-36. (50) City Administrator Matzer answered questions concerning the fact only two bids had been received on this matter. He stated he would research the matter to determine why more bids had not been received. Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 85-517 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council . COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. RES. 85-518 - RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN BERNARDINO FOR THE ANNEXATION OF INHABITED TERRITORY LOCATED EAST OF WATER- MAN AVENUE, NORTH OF PARK CENTRE. (52) Council Member Quiel made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 85-518 was adopted vote: Ayes: Council Members Reilly, Quiel, Frazier, Strickler. Noes: None. Member Estrada. by the following Hernandez, Marks, Absent: Council . Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that the Director of Public Works/City Engineer and City Clerk be authorized to proceed with the annexation of that certain inhabited area, generally being that County island east of Waterman avenue, north of Park Centre. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned Meeting and took her place at the Council to the Table. Council RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DKS & ASSOCIATES FOR THE IMPROVEMENT OF TRAFFIC CIRCULATION AND SIGNING IN THE 5-LEVEL PARKING STRUCTURE. (53) City Administrator Matzer answered questions and explained the purpose of the propose study of parking in the 5-level parking structure south of City Hall. . Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be tabled, and at such time as negotiations are conducted with the new operators of the hotel, this item be brought back to the Council for action. 31 12/2/85 . Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, to direct staff to identify the signs and circulation patterns within the 5-level parking structure and more clearly identify the traffic flow for the public, and report back to the Council if a consultant for this is needed. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.63.130 SUBSECTION B OF THE SAN BERNARDINO MUNICIPAL CODE TO CHANGE THE ADDRESS OF THE CENTRAL FIRE STATION. FIRST (54) The City Clerk read the title of the ordinance. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that first reading of the ordinance be waived and said ordinance be laid over for final reading. . COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPOR- ATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 85-14, LOCATED BETWEEN FIFTH STREET AND SEVENTH STREET, HAVING A FRONTAGE OF AP- PROXIMATELY 420 FEET ON THE NORTH SIDE OF FIFTH STREET, AND 677 FEET ON THE SOUTH SIDE OF SEVENTH STREET, AND BEING LOCATED APPROXIMATELY 165 FEET WEST OF THE CENTER- LINE OF FLORES STREET), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. (55) City Clerk Clark read the title of the ordinance. . Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that first reading of the ordinance be waived and said ordinance be laid over for final passage. COUNCIL MEMBERS ESTRADA AND REILLY RETURNED Council Members Estrada and Reilly returned to the Council Meeting and took their places at the Council Table. ORD. MC-486 - ORDINANCE OF THE CITY OF SAN FINAL 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. (56) City Clerk Clark read the title of the ordinance. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that final reading of the ordinance be waived. . City Attorney Prince answered questions regarding the uncertainty as to whether City bingo organizations can start using "U-pick-Em" or Circle Seven bingo cards. He 32 12/2/85 stated that he has requested an opinion from the District Attorney's Office. . Council Member Strickler made a motion, seconded by Council Member Marks, that said ordinance be adopted. Ordinance MC-486 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Strickler. Noes: Council Member Hernandez. Absent: None. Abstain: Council Member Frazier. ORD. MC-487 - 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 SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNI- CIPAL 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. FINAL (57 ) The City Clerk read the title of the ordinance. . Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that final reading be waived and said ordinance be adopted. Ordinance MC-487 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: vote: Marks, None. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. GENERAL REPORTS AND CORRESPONDENCE Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the following items be filed: (58) a. Civil Service Eligibility Lists: . Construction Inspector Library Page Typist Clerk/Head Start Center Security Officer Water Reclamation Chief Operator Personnel Clerk II b. Report relative to Reserve Sewer Capacity Rights - Raymond D. Schweitzer, Deputy City Administrator c. Application of Luther R. Munoz dba Stagecoach, for certificate of public convenience and necessity to operate passenger service between Los Angeles International Airport, Ontario Inter- national Airport, Long Beach Municipal Airport, Orange County Airport, Burbank Airport, Palm Springs International Airport, passenger ship piers in San Pedro and Wilmington. d. The following Board of Building Commissioners' Resolutions: . BBC 1033 BBC 1044 BBC 1050 BBC 1049 1807 W. Highland Avenue 981 N. "G" Street 1116 & 1118 W. King St. 979 N. "G" Street 33 12/2/85 BBC 1043 735 N. Berkeley BBC 1042 1258 W. 19th Street BBC 1046 599 N. Mt. Vernon Avenue . BBC 1047 1375 W. Rialto Avenue BBC 1048 4693 N. "D" Street BBC 1051 583-91 N. Mt. Vernon Ave. BBC 1045 U50 N. Arrowhead e. Three alcoholic beverage applications for the following new and transferred licenses: NEW Biing-Song Lee, dba Plum House Restaurant 1355 E. Highland On Sale Beer & Wine TRANSFERRED Seong Keun Rhee, dba Joy's Market 789 S. Mt. Vernon Avenue Off Sale Beer & Wine . Chui Shu Cheung, Lin Chu Kwong dba Peki ng Restaurant 1494 E. Highland Avenue On Sale General COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. WAYS AND MEANS COMMITTEE REPORT - NOVEMBER 25 CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for ation of the Ways and Means Committee report of ing held on November 25, 1985. 1985 - consider- the meet- (18) Council Member Marks, Chairman of the Ways and Means Committee, presented the Report of the Ways and Means Committee held on November 25, 1985. The following items were discussed: . 1. Hispanic Chamber of Commerce Grant Deed ~~!!.~ance - The Commi ttee recommended acceptance of grant deed conveyance and recommended a joint public hearing regarding sale be set as soon as possible. 2. Artery Resurfacing - SB 300 funding Report - As per Council direction first allotmen~f-approximately $460,000 is to be divided equally by wards for use on arterials; Council Members to review and approve recommendations from Public Service. Second allotment of approximately $460,000 to be used for major arterials throughout the City irrespective of ward. City Engineer and Director of Public Services to make recommendations to full Council at second meeting in December. 3. Shared Housing Program Report - Staff report questioned whether program is needed or should be funded at this time. Committee to seek full Council participa- tion on policy direction. . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the Shared Housing Program not be funded until it is brought forward at some future date with evidence of greater need for participation. 34 12/2/85 . 4. Seccombe Lake State Urban Recreation Area ~ep~! - The Committee received a report from Director of Parks, Recreation and Community Services and requested that she bring the approved agreement and other agreements back to the Ways and Means Committee to review. The Committee directed the City Attorney to amend agreements (for Council review) which would protect the City from losing current state obligations if the State were not to follow through on amended agreement. 5. Community Development Commission Personnel Policies - Item continued. Consideration was deferred perC:ouncil Member Strickler's request. The committee agreed that this item be looked at by Personnel Committee, Ways & Means Committee and Redevelopment Committee prior to going to the full Council. Each Committee was requested to keep the others informed of their deliberations. . 6. Appropriate Funding Level for Roosevelt Bowl and perris HIlr-park Cultural Activities - the Committee recommendedt:afundat the requested level ($10,000) from appropriated reserve. Appropriation to be used for needed equipment/supply purchases and cultural programming. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that funding in the amount of $10,000 is to be allocated from the appropriated reserve for needed equipment/supply purchases and cultural programming by the Park and Recreation Department, as outlined in a memorandum from Norman Baffrey, Cultural Affairs supervisor. 7. Black History Parade Committee Proposal - The Committee recommended funding of $10,000 as requested. RES. 85-519 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BLACK HISTORY WEEK PARADE COMMITTEE RELATING TO FUNDING FOR THE AN- NUAL BLACK HISTORY WEEK PARADE. City Clerk Clark 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 and said resolution be adopted. vote: Marks, None. Resolution No. 85-519 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Alonzo Thompson, Chairman of the Black History Parade Committee, thanked the Mayor and Common Council for their support. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. . 8. R-3 Multi-Family Ordinance Amendment R-3 Multi-Family Ordinance Amendment - Item continued to the second meeting in December. Planning staff and City Attorney are to review and discuss with Building Industries Association before returning item to the Committee. 35 12/2/85 Supplemental Agenda - Ways and Means Committee . 1. vacation of Arrowhead Avenue - Item continued to await coordination between EDC Director Henley, Public Works Director Hardgrave and Mr. Chuck Foster. 1. Lighting problem - The Committee received a report frorn!Dlrector or-Public Works and Public Building Superintendent regarding the shortage of two positions in sports and recreational lighting. Providing these positions can be filled by early 1986, there should be no problem providing the necessary support by the start of the Little League and summer sports season. Staff was informed of the importance of providing timely and appropriate support to youth recreational and support programs and directed that work be given a high priority. 3. Real Property Section and 4. Staffing - Engi- neering Department - Item continued to second meeting in December to allow City Administrator, Personnel Director and Public Works Director to look at the critical needs and issues in staffing of Real Property and Traffic Engi- neering. Determination will be made by staff to "fast track" hiring for vacancies. . 5. Staffing MAC Force Plan The Committee is concerned about the MAC Program and the adverse impact it ~y be having on departmental operations. The committee asked that Greg Garcia, Mayor's project Coordinator, be present at the next meeting. 6. A) Shortage of Fire Inspectors - B) Abatement - Use of Fire Inspectors - The City Administrator and Fire Chief are to combine their efforts to fill vacancies on a "fast track" basis. Fire Chief was concerned about utilization of inspectors in routine abatement tasks. Committee directed City Administrator to prepare briefing for a December meeting on abatement organization alternatives. . 7. Appraisal of City Owned Real prope~ - The Committee recommended approval of a request by Ron Solheim, Director of Emergency Services/Risk Management, to have Marshall & Stevens, Inc. reappraise all City owned real property. Counci 1 Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the Report of the Ways and Means Committee Meeting held on November 25, 1985, be received and filed. CITY CLERK CLARK EXCUSED At 5:00 p.m., City Clerk Clark left the Council Meeting. DEPUTY CITY CLERK SOUTH ARRIVED At 5:00 p.m., Deputy City Clerk South arrived at the Council Meeting. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. . HIGH GROUNDWATER COMMITTEE In a memorandum dated December 2, 1985, Council Mem- ber Estrada recommended that the Common Council discuss issues and take action deemed appropriate after reviewing various correspondence which was attached to her memoran- dum, which included a letter dated December 2, 1985 from Herbert B. Wessel, General Manager, Water Department and 36 12/2/85 various bills and other documents from the Water Depart~ ment. . Herb Wessel, General Manager of the Water Department, spoke regarding the level of high groundwater in the City and the plan for water management. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, to direct the Finance Department to pay two bills: San Bernardino Municipal Water District and East Valley Water District. Discussion was held concerning having the Community Development Commission take action to reimburse the City from the Redevelopment Agency for these expenditures. City Administrator Matzer answered questions concerning whether or not $200,000 had been allocated from Redevelopment funds for pumping expenses. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. . Council Member Quiel made a motion, seconded by Council Member Strickler, to direct staff to research with Redevelopment Agency and identify the $200,000, and set in motion the funding vehicle to reimburse the City. The motion carried by the Council Members Estrada, Reilly, Noes: Council Member Hernandez. Frazier. following vote: Ayes: Marks, Quiel, Strickler. Absent: Council Member Council Member Estrada made a motion, seconded by Council Member Marks and unanimously carried, to extend the agreement with Riverside and the other western munici- palities for the continued pumping for one year, and to utilize the language the Council recommended be put into the agreement. Discussion was held regarding the direction to be given to the San Bernardino Valley Municipal Water Dis- tri ct. . Herb Wessel, General Manager of the Water Department, answered questions concerning the use of super wells. Council Member Estrada made a motion, to direct staff to support the San Bernardino Valley Municipal Water Dis- trict (Muni) Plan for the construction of the two super wells. Herb Wessel, General Manager of the Water Department, answered questions regarding the possibility of others drilling the two super wells, and long-term, basic management. Council Member Marks made a substitute motion, seconded by Council Member Hernandez and unanimously car- ried, to continue the item concerning support of the Muni Plan for the construction of the two super wells until Thursday, December 5, 1985, at 4:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California, and that the Mayor hold off writing a letter to Mr. Henry Van Mouwerik until the item is settled. . 37 12/2/85 . POLICE SUBSTATIONS (COMMUNITY POLICE CENTERS) - AUDIT In a memorandum dated December 2,1985, Council Member Strickler stated that an audit of the locations of the police substations is in order at this time, both to update the Mayor and Common Council, and to provide a new police chief valuable information. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the Police Commission be asked to make an audit of the police substations (Community Police Centers) to determine their impact on areas and their effectiveness. . SCHOOL IMPACTION FEES RESOLUTION NO. 85-337 - AMENDMENT Dr. Hal Boring, Assistant Superintendent of the San Bernardino City Unified School District, requested an amendment to Section 9 J of Res. 85-337, which deals with exemption of fees for residential developments. He sug- gested the following sentence be added: "Except projects financed with funds obtained through a bond issue of any governmental agency as evidenced in documents excuted prior to September 19, 1985." RES. 85-520 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 85-337 ENTITLED IN PART "RESOLUTION . . . ESTAB- LISHING A REQUIREMENT FOR PAYMENT OF FEES . . TO MITIGATE IMPACTS OF SUCH DEVELOP- MENTS ON LOCAL SCHOOLS . . ."; AND PROV I D- ING THAT THE EXEMPTION FOR RESIDENTIAL DEVELOPMENTS FOR WHICH VERIFIED, FIRM COM- MITMENTS FOR FINANCING ARE IN PLACE SHALL NOT BE ACCEPTED OR GRANTED AFTER DECEMBER 16, 1985. Deputy City Clerk South read the entire resolution. Deputy City Attorney John Wilson answered questions concerning the amendment of Resolution 85-337, suggesting a change by interdelineation on Line 11, so that the line would read as follows: "commitments for financing are in place prior to September 19, 1985." . Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted as corrected by interdelineation to read as follows: "J. Residential developments for which verified, firm commit- ments for financing are in place prior to September 19, 1985. Except for projects finance with funds obtained through a bond issue of any governmental agency, as evi- denced in documents executed prior to September 19, 1985, applications for exemption under this subsection shall not be accepted or granted after December 16, 1985." Resolution No. 85-520 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Strickler. Noes: Council Members Hernandez, Marks. Absent: Council Member Frazier. COUNCIL MEMBERS HERNANDEZ AND MARKS EXCUSED Council Members Hernandez and Marks left the Council Meeting. . RECESS MEETING - CLOSED SESSION At 5:45 p.m., Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously 38 12/2/85 carried, to recess for a Closed Session authority of Government Code Section 54957.6, labor relations. under the regarding . CLOSED SESSION At 5:45 p.m., Mayor Wilcox called to order in the Conference Room of the City Hall, 300 North "D" Street, California. the Closed Session Council Chambers, San Bernardino, ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Strickler; City Attorney Prince, City Admin- istrator Matzer. Absent: Council Member Frazier; Deputy City Clerk South. Also present was Personnel Director perlick. . ADJOURN CLOSED SESSION At 5:55 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, California. RECONVENE MEETING At 5:55 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 Deputy City Clerk South with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler; City Attorney Prince, Deputy City Clerk South, City Administrator Matzer. Absent: Council Members Hernandez, Frazier. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. . RES. 85-521 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A MEMORANDUM OF UN- DERSTANDING BETWEEN THE CITY OF SAN BERNAR- DINO AND THE SAN BERNARDINO PUBLIC EM- PLOYEES' ASSOCIATION REPRESENTING THE MID- DLE MANAGEMENT EMPLOYEES COMMENCING DECEM- BER 2, 1985, AND TERMINATING JUNE 30, 1987. Deputy City Clerk South read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 85-521 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Strickler. Noes: None. Absent: Council Members Hernandez, Quiel, Frazier. . 39 12/2/85 . RES. 85-522 ~ RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A MEMORANDUM OF UN- DERSTANDING BETWEEN THE CITY OF SAN BERNAR- DINO AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 36, LOCAL 122, AFL-CIO (GENERAL PERMANENT EM- PLOYEES), COMMENCING ON THE SECOND DAY OF DECEMBER 1985 AND ENDING THE LAST DAY OF JUNE 1987. Deputy City Clerk South read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 85-522 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Strickler. Noes: None. Absent: Council Members Hernandez, Quiel, Frazier. . RES. 85-523 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION . . . ESTAB- LISHING A BASIC COMPENSATION PLAN. "; PROVIDING FOR A 8% WAGE INCREASE FOR GENER- AL EMPLOYEES (SECTION TEN) AND A FOUR (4) RANGE INCREASE FROM RI091 TO RI095 FOR IDENTIFICATION TECHNICIAN, AND A 7% WAGE INCREASE FOR MIDDLE-MANAGEMENT EMPLOYEES (SECTION ELEVEN) ALL EFFECTIVE SEPTEMBER 30, 1985; DELETE LIBRARY PAGE FROM THE GEN- ERAL EMPLOYEES SALARY SCHEDULE (SECTION TEN) AND ADD THE POSITIONS OF LIBRARY PAGE, CONSERVATION CREW SUPERVISOR, TEACHER AIDE (PART-TIME/HEAD START CENTER) AND TYPIST CLERK (PART-TIME/HEAD START CENTER) TO THE PART-TIME/TEMPORARY SALARY SCHEDULE (SEC- TION THIRTEEN) EFFECTIVE OCTOBER 3, 1985. Deputy City Clerk South read the title of the resolution. . Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that further reading of the resolution be wai ved and said resolution be adopted. Resolution No. 85-523 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Strickler. Noes: None. Absent: Council Members Hernandez, Quiel, Frazier. Ruby Wicker, Staff Representative of the San Bernardino Public Employees Associatio~ thanked the Mayor and Council for the consideration and expressed appreciation for their effort to reach an agreement. Personnel Director perlick was commended by the Council for her handling of the labor agreements. . LYTLE CREEK COMMUNITY CENTER - PURCHASE OF COMMERCIAL GARBAGE DISPOSAL UNIT Pursuant to a memorandum dated December 2, 1985, Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that a sum not to exceed $150 be approved for the purchase of a 40 12/2/85 commercial garbage disposal uni t for the Lytle Creek Community Center. . COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. CONDITIONAL USE PERMIT PROCESS - INCLUDE OFF SALES OF ALCOHOL - LEGAL OPINION - REPORT FROM CITY ATTORNEY - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for a report from the City Attorney regarding the legal opinion con- cerning the expansion of the Conditional Use Permit appli- cation process to include off sales of alcohol. (35) . Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that the report from the City Attorney regarding the legal opinion on expanding the Conditional Use Permit process to include off sales of alcohol be continued to December 16, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER ESTRADA RETURNED Counci 1 Member Estrada returned Meeting and took her place at the Council to the Table. Council MINUTES OF OCTOBER 21, 1985 - APPROVAL - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for ation of the minutes of the Meeting of the Mayor mon Council held on the 21st of October, 1985. consider- and Com- (1) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that approval of the Minutes of the Meeting of the Mayor and Common Council held on the 21st of October, 1985, be continued to December 16, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . MINUTES OF NOVEMBER 1, 1985 - APPROVAL - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for ation of the minutes of the Meeting of the Mayor mon Council held on the 1st of November, 1985. consider- and Com- (2) Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that approval of the Minutes of the Meeting of the Mayor and Common Counci 1 held on the 1st of November, 1985, be continued to December 16, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. MINUTES OF NOVEMBER 14 1985 - APPROVAL - CONTINUED FROM EARLIER IN THE MEETING This the time and place continued to for tion of the minutes of the Meeting of the Mayor Council held on the 14th of November, 1985. considera- and common (5 ) . Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that approval of the Minutes of the Meeting of the Mayor and Common Council held on the 14th of November, 1985, be 41 12/2/85 continued to City Hall, California. December 16, 1985, in the Council Chambers of 300 North "D" Street, San Bernardino, . RECESS MEETING At 5:58 p.m., Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, that the meeting recess for five minutes. RECONVENE MEETING At 6:10 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Deputy City Clerk South with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Strickler; Deputy City Attorney Wilson, Deputy City Clerk South, City Administrator Matzer. Absent: Council Members Quiel, Frazier. . PUBLIC HEARING - GENERAL PLAN AMENDMENT 85-2 BOUNDED BY ETIWANDA AVENUE ON THE NORTH, CITY LIMITS ON THE WEST (EUCALYPTUS AND PEPPER AVENUES), RIALTO AVENUE ON THE SOUTH AND RANCHO AVENUE AND LYTLE/CAJON FLOOD CONTROL AREA ON THE EAST This is the time and place set for a public hearing to consider General Plan Amendment 85-2, on property lo- cated on 618+ acres bounded by Etiwanda Avenue on the north, City limits on the west (generally Eucalyptus and Pepper Avenues), Rialto Avenue on the south, and Rancho Avenue and the Lytle/Cajon Flood Control area on the east. The General Amendment proposes to amend the General Plan from the current General Commercial, General Industrial, Medium High Density Residential (25-36), Medium Density Residential (8-14), Medium Low Density Residential (4-7) and Open and Conservation (Flood Control) designations to the following designations: . General Commercial, Public/Quasi-Public, Medium Low Density Residential (4-7), Medium Density Residential (8-14), Open and Conservation (Flood Control) or other designations that the legislative body may deem appropriate. Mayor Wilcox opened the hearing. Planning Director Schuma gave a brief history of previous actions concerning General Plan Amendment 85-2. COUNCIL MEMBER QUIEL RETURNED At 6:13 p.m. Council Member Quiel returned to the Council Meeting and took his place at the Council Table. Planning Director Schuma answered questions concerning 1100 - 1200 notices mailed to area residents and the two ads placed in the newspaper calling the hearing. COUNCIL MEMBER FRAZIER RETURNED At 6:25 p.m., Council Member Frazier returned to the Council Meeting and took his place at the Council Table. . Jim Mahacek, attorney representing Russ and Beth Lewis, owners of Orangewood Mobile Home Park, spoke expressing concern for his clients' ability to rebuild and duplicate their present mobile home park if it were destroyed. 42 12/2/85 Planning Director Schuma answered questions regarding rebuilding of mobile home parks if destroyed. . Robert Fox, possibility of his zoning of C-3A. 2280 W. Rial to, spoke regarding the property maintaining a more flexible Sabrino Lopez, 2520 Rialto Avenue, spoke and stated he was not informed of the hearing by mail, even though he had written to the City requesting to be notified of any hearing concerning his property. He also expressed con- cern about his property value going down. Melvin Elliott, representing his mother who owns 3.8 acres near Rancho and Rialto Avenues, requested that the M-l zoning be maintained. Planning Director Schuma stated it was the intent of the City to follow the configuration of the bench and Mr. I s Elliott I s property would maintain its current zoning. . Earl Parrish, President of the Bench Area Community Association, opposed building of apartments in the area. It is the belief of said Association that mobile home parks should be exempt from reduced density. Planning Director Schuma answered questions regarding the need for rezoning after the General Plan Amendment. Paul King, 715 N. Lassen, member of the Bench Area Association, voiced concern that residents would not be able to rebuild their current properties in case of disaster. CITY CLERK CLARK ARRIVED At 7:30 p.m., City Clerk Clark arrived at the Council Meeting. DEPUTY CITY CLERK SOUTH At 7:30 p.m., Deputy Council Meeting. EXCUSED City Clerk South left the . COUNCIL MEMBERS QUIEL AND FRAZIER RETURNED Council Members Quiel and Frazier returned to the Council Meeting and took their places at the Council Table. A statement was made that the matter of General Plan Amendment No. 85-2 had been tabled at the Planning Commission's meeting held on October 22, 1985. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, to disap- prove the non-recommendation of the Planning Commission to the Common Council. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the Planning Director be instructed to prepare a revised plan incorporating the suggestions made by Council Member Marks for presentation to the Council on January 6, 1985. . Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the public hearing on General Plan Amendment No. 85-2 located on property bounded by Etiwanda Avenue on the north, City limits on the west (generally Eucalyptus and Pepper 43 12/2/85 . Avenues), Rialto Avenue on the south and Rancho Avenue and Lytle/Cajon Flood control area on the east, be continued to Monday, January 6, 1986, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. ECONOMIC DEVELOPMENT ADMINISTRATION - FIVE CITIES ECONOMIC DEVELOPMENT AUTHORITY In a memorandum dated December 2, 1985, Council Mem- ber Frazier requested that discussion be held regarding the letter received from the U. S. Department of Com- merce, Economic Development Administration, regarding EDA Project 07-19-2435, Five cities Economic Development Au- thority, Operation Second Chance, Inc. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that Council Member Frazier be appointed as the city.s representative to Five Cities Economic Development Authority. . ADJOURNMENT At 9:30 p.m., Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting be adjourned to Thursday, December 5, 1985, at 4:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. .df~/,{zd::;t.21b' ~ City Clerk &/~)a~) Deputy City Clerk . . 44 12/2/85