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HomeMy WebLinkAbout12-16-1985 Minutes City of San Bernardino, California . December 16, 1985 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:05 a.m., on Monday, December 16, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by the Rev. Gary Neilan, Pastor, Calvary Baptist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by San Bernardino High School Air Force Junior ROTC, Cadet Jason Bormann and Cadet Alex Burton. . ROLL CALL Roll Call was taken by the Ci ty following being present: Mayor Wilcox; Estrada, Reilly, Hernandez, Marks, Strickler; City Attorney Prince, City Administrator Matzer. Absent: None. Clerk with the Council Members Quiel, Frazier, Clerk Clark, City PRESENTATION - ZONTA CLUB - CANINE TO POLICE DEPARTMENT Richard Bennecke, Administrative Assistant to the Mayor, introduced Norma Scroff from the San Bernardino Zonta Club, who gave a presentation regarding the gift of a canine, Oleck, to the San Bernardino Police Department. Ms. Scroff introduced Marilyn Cramer, President of the Zonta Club, who made the official presentation. Mayor wilcox and Police Chief Gonzales accepted the German Shepard, and both expressed their appreciation. Chief Gonzales also introduced Capt. Paul Bonanno who is in charge of the Uniformed Division, which includes all canine units. . RESOLUTION OF COMMENDATION - SAN BERNARDINO FIRE FIGHTERS LOCAL NO. 891 Richard Bennecke, Administrative Assistant to the Mayor, read a resolution highly commending the the San Bernardino Fire Fighters Local No. 891 for their work with the burn ward in the City of San Bernardino. Allen Simpson and Skip Kulikoff, representing the San Bernardino Fire Fighters Local No. 891, were present and spoke about gifts being given to the Burn Ward of The Bernardino County Medical Center, which include an atari game, color television, stand and video recorder and $5,000. Dr. Thomas representing the Medical Center, Slemmer, John Stobaugh, and Jill Falce, Burn Unit of the San Bernardino County were present to accept the gifts. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. . PROCLAMATION - DRUNK AND DRUGGED DRIVING AWARENESS WEEK - DECEMBER 15-21, 1985 Richard Bennecke, Administrative Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming the week of December 15-21, 1985, as Drunk and Drugged Driving Awareness Week. . Police Chief Gonzales was present to accept the proclamation. PROCLAMATION - CAMPUS CRUSADE FOR CHRIST INTERNATIONAL - EXPLO 85 - DECEMBER 28-31, 1985 Richard Bennecke, Administrative Assistant to the Mayor, read a proclamation of the Mayor congratulating Campus Crusade for Christ International on conducting Explo 85 which will be a telecast through a satellite linkage of 100 conferences at various sites during the period December 28-31, 1985. John Lowe, representing Campus Crusade for Christ, International, explained Explo 85 and presented a poster to the Mayor and Common Council. . APPROVE MINUTES - NOVEMBER 14, 1985 - CONTINUED FROM DECEMBER 2, 1985 This is the time and place continued to for approval of the Minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 14th of November, 1985. (3) Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 14th of Novem- ber, 1985, as submitted in typewritten form. APPROVE MINUTES - NOVEMBER 26, 1985 Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 26th of Novem- ber, 1985, as submitted in typewritten form. (6) . PERRIS HILL PARK - RENOVATION OF FACILITIES Pursuant to a memorandum dated November 21, 1985, from Planning Director Schuma, Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, to adopt the Categorical Exemption under C.E.Q.A., Section 15301, Class 1, for the renovation of restroom facilities adjacent to the picnic facilities at the west end of perris Hill Park, 900 E. Highland Avenue. (7 ) CLAIMS AND PAYROLL Council Member Marks made a motion, Council Member Reilly and unanimously carried, demands against the City and authorize the warrants as follows: seconded by to approve issuance of (8 ) 1. Approve the register of demands dated: November 25, 1985 December 2, 1985 85/86 85/86 #17 #18 $725,869.80 647,342.83 2. Approve the total gross payroll for the period November 11, 1985, through November 24, 1985, in the amount of $1,164,388.73. . PERSONNEL ACTIONS Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the Personnel Actions submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino be approved and ratified, with the 2 12/16/85 . exception that the name of Tia N. Cook, Senior Typist Clerk, be removed and substituted with the name Deborah Virochpoka, Step A, effective December 17, 1985. (9) APPOINTMENTS Public Works/Central Garage Robert W. Bennecke - Automotive Serviceman - Effective December 17, 1985 Kenneth J. Di11berg - Equipment Mechanic Helper - Effective December 17, 1985 Treasurer's Office Deborah Virochpoka - Senior Typist Clerk - Effective December 17,1985 TEMPORARY APPOINTMENTS Parks, Recreation and Community Services Rodney Alexander - Coach Operator - Effective December 10, 1985 . Gary Caddell - Coach Operator - Effective November 19, 1985 James Cooper - Recreation Aide - Effective December 3, 1985 Senior Services Aide - Effective December 10, 1985 Hubert C. French Arthur Ramos Brent L. Gross - Groundsman/part-Time - Effective November 14, 1985 Robert Harris - Kitchen Helper - Effective December 10, 1985 Mary R. Orrison - Recreation Specialist - Effective December 17, 1985 Lifeguard - Effective December 10, 1985 Walter Shaw Jill Grenowich . Senior Lifeguard - Effective December 10, 1985 Hernandeo Saboga1 Jana Quinlan Recreation Specialist - Effective December 10, 1985 Ev1a Coble Susana Ochoa Gladys Jackson Recreation Leader - Effective December 10, 1985 Roselyn Anderson Paul Contreras Sarah Hernandez Erina Martinez Hershey Nation Curtis Peete Lisa Reisch Gina Atilano Paul Gianni Gary Johnson Mary Mueh1emann Hasan Parks La Vanne Pennington . 3 12/16/85 Senior Recreation Leader - Effective December 10, 1985 . Martha Diaz Monica Harley patricia Pennington Stella Gonzales Marjorie Loenhorst Recreation Aide - Effective December 10, 1985 James Beaumont Frederick Hughes Jeremy McKinney Daphne Savage Tina Sanders Robert Buchanan Rudolph D. Jones Matthew Rootland Tia Shakir Public Buildings Steven D. Cade - Security Officer/Part-Time - Effective December 3, 1985 Janet E. Ramirez - Security Officer - Effective December 17, 1985 . Mayor's Office George Lum - Conservation Crew Supervisor - Effective December 9, 1985 Public Service/Refuse Extra Relief Heavy Laborer - Effective November 4, 1985 Dennis K. Abdullah Harry C. Breheim Sal Hernandez Manuel Huerta Willie W. Loring Robert Mayoral Dennis D. Moreno Jerry J. Rivas Robert ROdriquez Robert Stockling Jerry L. Zuniga Michael Driver Richard Aragon Edward Hernandez Rene G. Hinojosa Thrull Hunter Arthur J. Marrufo William McClain Randy R. Nolfo Patrick E. Robinson Mark E. Sperry Donald J. Vasquez Michael R. Cruz . Personnel Carole Holmgren - Personnel Clerk I - Effective December 9, 1985 PROVISIONAL APPOINTMENT Fire/prevention Karyn D. Vaudreuil - Fire Prevention Specialist - Effective - December 17, 1985 PROMOTIONS Parks, Recreation & Community Services Stephanie Jimenez - Senior Recreation Leader - Recreation Leader to Senior Recreation Leader - Effective December 17, 1985 Robert Mascarenas - Maintenance Plumber Technician - Utility Worker to Maintenance plumber Technician - Effective December 9, 1985 . 4 12/16/85 HIGHER ACTING CLASSIFICATION . Public Works/Engineering Brian M. Hagman - Survey Party Chief - From September 25, 1985 through October 11, 1985 - Effective September 25, 1985 APPROVE MINUTES - OCTOBER 21, 1985 - CONTINUED FROM DECEMBER 2, 1985 This is the time and place continued to for approval of the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 21st of October, 1985. (I) Council Member Marks made a motion, seconded by Council Member Hernandez 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 the afternoon session. (See page 31) . APPROVE MINUTES - NOVEMBER 1, 1985 - CONTINUED FROM DECEMBER 2, 1985 This is the time and place continued to for approval of the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 1st of November, 1985. (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 the afternoon session. (See page 31) APPROVE MINUTES - NOVEMBER 18, 1985 Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 18th of Novem- ber, 1985, as amended as follows: page 21, fourth para- graph, that the word "certification" be changed to "certi- ficates", in title and on line four of said paragraph, which relates to fire station and capital needs funding. (4) . APPROVE MINUTES - NOVEMBER 20, 1985 Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that approv- al of the minutes of the Mayor and Common Council of the City of San Bernardino held on November 20, 1985, be con- tinued to this afternoon's session. (See page 18) (5) APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER OF ABATEMENT - 5055 DAVID WAY - DAVID HATFIELD - CONTINUED FROM NOVEMBER 4, 1985 This is the time and place continued to for consider- ation of an appeal filed by Attorney Richard Andrews on behalf of David Hatfield concerning the Board of Building Commissioners' Order of Abatement on property located at 5055 David Way. The appeal concerns Mr. Hatfield's re- fusal to submit plans to City departments for approval, on the grounds the plans are a trade secret and would become public information upon submittal. (10) Mayor Wilcox opened the hearing. . City Attorney Prince stated that all parties involved in this matter had met and were unable to arrive at a solution to the disagreement, and that it was the depart- ment's recommendation that the City proceed wi th the abatement. He also stated that it was his recommendation 5 12/16/85 that the Council hear the parties and understand the na- ture of the problem, but that no evidence be introduced. . Richard Andrews, 150 W. 5th Street, San Bernardino, California, attorney for Mr. Hatfield, requested written findings of fact. Jack Rosebraugh, Superintendent, Building answered questions regarding the Board of Commissioners' Order of Abatement. & Safety, Building City Attorney Prince recommended that written find- ings of fact be prepared, in the event of a lawsuit. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the appeal hearing regarding the abatement at 5055 David Way be continued to this afternoon at 3:00 p.m. (See page 24) . APPEAL HEARING - REMOVAL OF TREE - SOUTHEAST CORNER OF 34TH AND "E" STREETS - HELEN S. WALLIK AND JOHN COBLE This is the time and place set for a hearing to con- sider an appeal filed by Helen S. Wallik and John Coble regarding the removal of the first tree located at the southeast corner of 34th and "E" Street. It had been recommended by the Cal Trans and the Traffic Safety Com- mittee that the tree be removed, as it was considered to be a safety hazard to vehicular traffic because of ob- structing the view. (11) Manuel Moreno, Superintendent, Public Services, gave the background of maintenance and condition of the area in question, basically "E" Street, south of Kendall and north of 34th Street, which is under the jurisdiction of Cal Trans. He stated that Cal Trans had recommended re- moval of eleven trees, as a safety factor to minimize traffic accidents in this area. The Traffic Safety com- mittee reviewed the recommendations and recommended only the removal of the large pepper tree at the southeast corner of 34th and "E" Streets, which was a hazard to traffic because of obstructing the view of on-coming traffic. . John Coble, Wrightwood, and prospective owner of the property located at 3393 North "E" Street, where the tree in question is located, spoke against removal of the tree, as he felt there were other contributing factors to accidents in that area and that the removal of one tree would not make that much difference. Peter Liu, Traffic Engineer, reported on the number of traffic accidents at the intersection of 34th and "E" Streets, and stated that members of the Traffic Safety Committee felt that removal of the large pepper tree would improve safety conditions at that location. Helen Wallick, present property owner at 3393 N. "E" Street, spoke against removal of the tree, because of ecological and environmental reasons. A discussion ensued regarding possible City liability if the recommendations from Cal Trans and the Traffic Safety Committee were not followed. . Traffic Engineer Liu explained the visual criteria of the recommended 300 feet and stated that at the intersec- tion in question, the visual distance is only 250 feet. If the tree is removed, the distance will be extended to about 350 feet. 6 12/16/85 . Judy Moore, 3365 Stoddard, an employee of Cal Trans, stated she does not use the intersection at 34th and "E" Street because of the visual obstruction caused by the tree. Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the appeal be closed and the recommendations of the staff and Traffic Advisory Committee be affirmed. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, to direct staff to contact Omnitrans and request that the bus stop be moved (from the southeast corner of 34th and "E" Streets) to the northeast corner of 34th and "E" Streets. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to authorize and direct the Mayor to contact the state legislative representatives of the City of San Bernardino to seek assistance in requiring Cal Trans to put in an appropriate signal along that stretch of state highway (North "E" Street, below Kendall) as soon as possible. . Traffic Engineer Liu agreed to strike the best deal possible with Cal Trans in requesting that they provide 100% financing said signalization. RECESS MEETING - CLOSED SESSION At 10:32 a.m., Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the Regular Meeting of the Mayor and Common Council recess to a Closed Session under authority of Government Code Section 54956.9(a) to discuss pending litigation: City of San Bernardino et al. vs. the San Manuel Band of Mission Indians et al and The Renaissance Bakery case. CLOSED SESSION At 10:32 a.m., Mayor Wilcox called the Closed Session to order in the Conference Room of the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. Also present: Assistant City Attorney Sabourin; Virginia Pesola, representing Special Counsel Attorney Terzian's Office and Phil Arvizo, Executive Assistant to Council. ADJOURN CLOSED SESSION At 11:10 a.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 11: 10 a.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . 7 12/16/85 . ROLL CALL Roll Call was taken by the City following being present: Mayor Wilcox; Estrada, Reilly, Hernandez, Marks, Strickler; City Attorney Prince, City Administrator Matzer. Absent: None. Clerk with the Council Members Quiel, Frazier, Clerk Clark, City INDIAN BINGO - APPEAL JUDGE'S DECISION Council Member Marks made a motion, seconded by Council Member Quiel, to authorize and direct the City Attorney and the City's special litigation attorneys to appeal the judge's decision in Federal District Court in denying the preliminary injunction, to appeal that to the Ninth Circuit Court of Appeals, to request a stay order on the construction of the bingo parlor, and to appeal the decision of the Federal Court Judge. The motion carried by the following vote: Council Members Estrada, Reilly, Marks, Quiel, Strickler. Noes: Council Member Hernandez. None. Ayes: Frazier, Absent: . A discussion ensued regarding the crucial issue of whether or not the National Environmental Protection Act (NEPA) applied to the building of the bingo parlor. Council Member Estrada stated for the record that she was voting in support of the previous motion because she had been assured that the rights of the San Manuel Indians to build on the reservation are not in jeopardy; that the need to insure that the concerns of the area residents will be addressed by this action; and that she believed that this project will be a better project by having these concerns addressed and decided in a court of law. Council Member Marks made a motion, seconded by Council Member Estrada, to allocated $12,500 from the Operating Contingency, to be transferred to the Ci ty Attorney's Litigation Account to cover one-half of the cost of the proposed litigation, with San Bernardino County to pick up the second half. . The motion carried by the following vote: Council Members Estrada, Reilly, Marks, Quiel, Strickler. Noes: Council Member Hernandez. None. Ayes: Frazier, Absent: Council Member Hernandez made a motion, seconded by Council Member Estrada, to direct staff to bring before the Mayor and Common Council a document that will spell out all the mitigation issues that would be affected by the proposed bingo parlor and within that proposal the amount of dollars be specified for each of these issues. The motion failed by the following vote: Council Members Estrada, Hernandez. Noes: Members Reilly, Marks, Quiel, Frazier, Strickler. None. Ayes: Council Absent: 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. . 8 12/16/85 . TEFRA PUBLIC HEARING - VILLA CIELO PROJECT ~ RATIFICATION OF PUBLICATION OF NOTICE This is the time and place set for a TEFRA public hearing to consider the ratification of the Public Notice for the TEFRA hearing for the villa Cielo project, located on the west side of State College Parkway, south of Ken- dall Avenue and north of Interstate 15. The proposed financing is not to exceed $8,000,000 for construction of 153-unit apartment complex, vehicle parking, landscaping, swimming pool and other amenities. (R-4) Mayor Wilcox opened the hearing. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RATIFYING THE PUBLICATION OF A NOTICE SET- TING A PUBLIC HEARING (VILLA CIELO APART- MENTS PROJECT) The City Clerk read the title of the resolution. . Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived. Glenda Saul, Executive Director of the Redevelopment Agency, recommended that said resolution be continued, as well as other inducement resolutions, to give staff an opportunity to come back with policy recommendations. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the Tefra Public Hearing regarding Villa Cielo Project be continued to Monday, January 20, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE ITS MULTI- FAMILY MORTGAGE REVENUE BONDS; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS AND MAKING CERTAIN OTHER FINDINGS AND DETERMIN- ATIONS IN CONNECTION THEREWITH (VLACH APARTMENTS PARK PROJECT) (R-5) . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the inducement resolution for Vlach Apartments Park project be continued to Monday, January 20, 1986, in the Council Chambers of Ci ty Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE ITS MULTI- FAMILY MORTGAGE REVENUE BONDS; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS AND MAKING CERTAIN OTHER FINDINGS AND DETERMIN- ATIONS IN CONNECTION THEREWITH (WESTERN COMMUNITIES ASSOCIATES PROJECT) (R-6) . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the inducement resolution for Western Communities Associates project be continued to Monday, January 20, 1986, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 9 12/16/85 . RES. 85~524 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH (CENTRAL CITY BUSINESS PARK PROJECT) (R-7) The City Clerk read the title of the resolution. Council Member Quiel made a motion, Council Member Marks and unanimously carried, reading of the resolution be waived. seconded by that further Glenda Saul, Executive Director of the Redevelopment Agency, explained the premise for preparing the inducement resolutions early in the development process is so that all costs incurred for the project can be incorporated. . Sr. Assistant City Attorney questions, stating that the language makes it clear that the Council is project as such. Briggs answered in the resolution not approving the Tim Sabo, Bond Counsel, answered questions regarding the possible effect that modification of the project would have on the approval of the final plans. The Council discussed issuance of inducements. Sam Catalano, representing the Central City Business Park project, explained the investment of $550 now in order to get better financing and the assumption that the project will be finalized. He stated that the land they are interested in has been lying fallow for some time. The development being planned by the Central City Development Company can be constructed without any amendment to the Redevelopment Plan now in existence. . The Mayor and Council discussed what would be the best use for the entire area of land between Mill and Rialto, "E" Street and the Freeway, and possible studies which would provide that information. They also discussed the possible extension of "F" Street to provide a traffic corridor from Inland Center to the Central City Mall area. Mr. Catalano, City Central Business Development Company, agreed they would be willing to proceed with the development concurrently with a study. Council Member Marks made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 85-524 was adopted by the vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. None. fOllowing Hernandez, Absent: Cou nc i 1 Member Ma rks made a mot i on, seconded by Council Member Estrada, to give to the Central City Development Company the exclusive right to negotiate for 120 days on the property in question (south side of Rialto Avenue, east of "F" Street). . The motion carried by Council Members Estrada, Frazier. Noes: Council Absent: None. the following vote: Ayes: Reilly, Hernandez, Marks, Members Quiel, Str ickler. 10 12/16/85 . SPECIAL STUDY - ECONOMIC, BUSINESS POTENTIAL OF LAND BETWEEN MILL AND RIALTO, "E" STREET AND THE FREEWAY Council Member Marks made a motion, seconded by Council Member Estrada and unanimously carried, to form a special study group to study the economic, business poten- tial of land between Mill and Rialto, "E" Street and the Freeway, and that the group include two members of the RDA Committee, Council Member Estrada, Redevelopment staff, appropriate City staff members as selected by the Mayor, and three members of the business community to be ap- pointed by the Mayor. RDA "FOR SALE" SIGNS Council Member Marks made a motion, seconded by Council Members Hernandez and unanimously carried, to direct the RDA staff to put up appropriate "for sale" signs on RDA property, with approval of the signs to be given by the Mayor. RECESS MEETING At 12:32 p.m., Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the meeting recess until 2:00 p.m. . RECONVENE MEETING At 2:04 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Frazier, Strickler; Sr. Assistant City Attorney Briggs, City Clerk Clark. Absent: Council Mem- bers Hernandez, Marks, Quiel; City Administrator Matzer. ACTING POLICE CHIEF - PAUL BONANNO Mayor Wilcox announced that, pursuant to the Chain of Command provisions of the Police Department Procedure Manual on Policies and Procedures, Capt. Paul Bonanno will be Acting Police Chief after the retirement of Chief Gon- zales until a new Police Chief has been appointed. . LEGISLATIVE REVIEW COMMITTEE REPORT - DECEMBER 5, 1985 Council Member Strickler, Chairman of the Legislative Review Committee, presented the report of the meeting of the Legislative Review Committee held on December 5, 1985. The following items were discussed: (12) 1. Inoperative Vehicles Administrator to research and Committee. Item continued. The City bring recommendation to 2. Violations of Municipal Code Item continued. Planning andBuUdingand SafetyDirectors will research and bring recommendation to Committee. 3. Utility Tax Exemptions Committee recommended approval and directed the City Attorney to prepare the ordinance with recommended changes and bring to full Council. 4. Mini-Storage Facilities Survey, City-Wide Commi ttee recommended proposal to go to the Planning Commission for review and recommendation. . 5. Revocation of Sign Permits - Foster/Kleiser; and Denial of Sign Permits - Gannett Outdoor The Committee reviewed and-provlded-City-Attorney direction which he is 11 12/16/85 to incorporate in the ordinance and return to the Commit- tee for review. . 6. R-3 Multi-Family Ordinance Planning Director provided a brie-ITng. -TheP1 annIng Director and City Attorney are to review, coordinate language and return the ordinance to the Committee. Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that the report of the Legislative Review Committee meeting held on December 5, 1985, be received and filed. AMTRAK - PROPOSED HUB SYSTEM - SUPPORT ADDITIONAL TRAIN ROUTE THROUGH CITY In a memorandum dated December 9, 1985, Council Mem- ber Strickler requested that the Mayor and Common Council adopt a resolution in support of an additional train route through San Bernardino, making the City a regional hub for Amtrak. (15) . RES. 85-525 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO SUPPORTING A PLAN TO ESTABLISH AN ADDITIONAL TRAIN ROUTE THROUGH SAN BERNAR- DINO; AND URGING CALTRANS TO PROPOSE AND NEGOTIATE WITH AMTRAK FOR THIS NEW ROUTE AND THE REROUTING OF ANOTHER RAILROAD LINE THROUGH SAN BERNARDINO. City Clerk Clark 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. 85-525 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Frazier, Strickler. Noes: None. Absent: Council Members Hernandez, Marks, Quiel. COUNCIL MEMBER QUIEL ARRIVED At 2:10 p.m., Council Member Quiel arrived at the Council Meeting and took his place at the Council Table. . REPORT FROM CITY ATTORNEY - ALLOCATION OF FUNDS AND EXPENDITURE OF FUNDS - LITIGATION ACCOUNT A Status Report of the Litigation Account in the City Attorney's Office dated December 6, 1985, was distributed. The report included items in Funds Budgeted for a total of $18,500.00; Funds Expended or Allocated for a total of $13,169.42; and Anticipated Expenses During Remainder of Fiscal Year for a total of $5,000.00, leaving a balance of $330.58 for unencumbered funds. (18) City Attorney Prince answered questions regarding costs of the Tippecanoe Avenue Bridge Condemnation and explained which legal expenses are handled through the City Attorney's Litigation Account. Sr. Assistant City Attorney Briggs answered questions regarding the Tippecanoe Bridge Condemnation and explained there is a possibility of litigation which would require the expense of expert witnesses, filing fees and other court costs. . CITY ADMINISTRATOR MATZER ARRIVED City Administrator Matzer arrived at the Council Meeting. 12 12/16/85 ,-.-.---.--- . Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried, that the report from the City Attorney regarding the allocation of funds and expenditures in the City Attorney's Litigation Account be received and filed. MEADOWBROOK PARK - LOCAL STREAM RESTORATION PROJECT FOR WARM CREEK - APPLICATION TO DEPARTMENT OF WATER RESOURCES In a memorandum dated December 4, 1985, Annie Ramos, Director of Parks, Recreation and Community Services, explained why the Department is requesting approval of submittal of an application to the State Department of Water Resources for grant funds for Local Stream Restora- tion project for Warm Creek in Meadowbrook Park. (19) Council Member Quiel made a motion, seconded by Council Member Estrada and unanimously carried, that the Parks, Recreation and Community Services Department Director be authorized to proceed with application for grant funds under the provisions of the Urban Stream Restoration Grant Program for restoration of Warm Creek in Meadowbrook Park. . PARKS, RECREATION & COMMUNITY SERVICES MANAGEMENT STUDY - WORKSHOP Tom Boggs, Administrative Assistant, Parks, Recrea- tion & Community Services, answered questions as to a date when staff would be available to conduct a workshop to discuss the Parks, Recreation and Community Services Man- agement Study. (16) Council Member Reilly made a motion, seconded by Council Member and unanimously carried, to set a workshop at 9:00 a.m., on January 13, 1986, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California to discuss the Parks, Recreation & Community Services Management Study. COUNCIL MEMBER HERNANDEZ ARRIVED At 2:30 p.m., Council Member Hernandez arrived at the Council Meeting and took his place at the Council Table. . CONSTRUCTION OF SIDEWALK - HIGHLAND AVENUE ADJACENT TO MT. VIEW CEMETERY - ORANGE STREET TO PALM AVENUE In a memorandum dated December 5, 1985, Roger Hard- grave, Director of Public works/City Engineer, explained that two sections of sidewalk were submitted for funding with SB821 Funds, on Highland Avenue, east of Waterman Avenue (adjacent to the Mt. View Cemetery) and from Orange Street to Palm Avenue, on the north side of Highland Avenue. (20) The Council discussed the area adjacent to the Mt. View Cemetery, which is in San Bernardino County jurisdic- tion, and whether or not it is the City's responsibility to provide sidewalks in that area. Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously carried, that the plans for construction of sidewalk on Highland Avenue (north side), adjacent to Mt. View Cemetery and from Orange Street to Palm Avenue, in accordance with Plan No. 6858, be approved; and that the Director of publ ic works/City Engineer be authorized to advertise for bids. . 13 12/16/85 . DRIVEWAY FILL~IN - CHAPTER 27, 1911 ACT AND SAN BERNARDINO MUNICIPAL CODE CHAPTER 12.92 In a memorandum dated December 2, 1985, Roger Hard- grave, Director of Public Works/City Engineer, stated that pursuant to Chapter 12.92 of the San Bernardino Municipal Code and the intentions of the MAC Force, a list had been prepared relative to abandoned driveway approaches and recommended that the necessary improvements be made. (20A) . Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the Director of Public Works/City Engineer be authorized and directed to initiate proceedings for the improvement of abandoned driveways under the provisions of Chapter 27 of the Improvement Act of 1911 and Chapter 12.92 of the San Bernardino Municipal Code on the parcels of land described in the Staff Report dated December 2, 1985; that assess- ments in excess of $50.00 therefor, if any, will be col- lected in annual installments, not exceeding three years, on the respective County Tax Bills; that such installments will bear interest at the rate of 7% per annum on the unpaid balance; and that the incidental costs relative to said proceedings for the improvement of abandoned drive- ways be absorbed by the City. READING AND WAIVING OF RESOLUTIONS City Clerk Clark read the titles of all the resolutions on the agenda. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of all the resolutions on the agenda be waived. RES. 85-526 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE NEGATIVE DECLARA- TION AS TO ENVIRONMENTAL IMPACT AND ADOPT- ING AMENDMENT NO. 53 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO (GENERAL PLAN LAND USE ELEMENT). (LOCATED BETWEEN WATER- MAN AVENUE AND TIPPECANOE AVENUE AND NORTH OF THE 1-10 FREEWAY AND FURTHER DESCRIBED AS THE TRI-CITY AIRPORT (CLOSED). (23) (Continued from December 2, 1985) . Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 85-526 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. RES. 85-527 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE NEGATIVE DECLARA- TION AS TO ENVIRONMENTAL IMPACT AND ADOPT- ING AMENDMENT NO. 52 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO (GENERAL PLAN LAND USE ELEMENT). (LOCATED NORTH OF THE BARSTOW FREEWAY (1-215) BETWEEN CABLE CAN- YON ROAD AND DEERCREST DRIVE AND SOUTHERLY OF THE COMMUNITY OF DEVORE. (24) (Continued from December 2, 1985) Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. . 14 12/16/85 . Resolution No. 85-527 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. RES. 85-528 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A BID TO WARREN DUNCAN CONTRACTOR FOR THE DEMOLITION OF 30 BUILD- INGS IN ACCORDANCE WITH BID SPECIFICATION F-85-44. (25) Council Member Quiel made a motion, seconded by Council Member Reilly, that said resolution be adopted. vote: Quiel, Member Resolution No. 85-528 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Marks. . 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). (AREA BOUNDED BY LYNWOOD DRIVE ON THE SOUTH, EUREKA STREET ON THE NORTH, MOUNTAIN AVENUE ON THE WEST AND DEL ROSA AVENUE ON THE EAST AND INCLUDING AN ADDI- TIONAL AREA LOCATED WITHIN APPROXIMATELY 400 FEET ON THE EAST SIDE OF DEL ROSA AVE- NUE BETWEEN EUREKA STREET AND MARSHALL BOULEVARD) . (Continued from December 2, 1985) (22) A discussion ensued regarding the correction and inclusion of a map in connection with said resolution. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that said resolution be continued to Monday, December 23, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and that an appropriate map be presented at that time. . RES. 85-529 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENTS WITH THEATRE FESTIVAL FOR YOUNG AUDIENCES, SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION, THE MEXICAN-AMERICAN HERITAGE PAGEANT, AND INLAND EMPIRE SYM- PHONY ASSOCIATION FOR GRANT ALLOCATIONS FOR FISCAL YEAR 1985-86. (26) Council Member Strickler made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 85-529 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. . RES. 85-530 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO STAT- ING ITS POSITION ON THE DESIGNATION, BY THE STATE MINING AND GEOLOGY BOARD, OF CERTAIN AREAS AS MINERAL RESOURCE ZONES WITHIN THE CITY LIMITS. (27) Council Member Strickler made a motion, seconded by Council Member Reilly, that said resolution be adopted. 15 12/16/85 . Resolution No. 85-530 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. RES. 85-531 - RESOLUTION OF THE CITY OF SAN BERNARDINO INITIATING PROCEEDINGS AND SET- TING A HEARING FOR AN ANNEXATION DESIGNATED LAFC NO. 2353. (NORTH OF JUNE STREET WEST OF CAJON BOULEVARD). (28) Council Member Strickler made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 85-531 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: Council Member Marks. RES. 85-532 - RESOLUTION OF THE CITY OF SAN BERNARDINO INITIATING PROCEEDINGS AND SET- TING A HEARING FOR AN ANNEXATION DESIGNATED LAFC NO. 2354. (NORTH OF THE 1-10 FREEWAY, WEST OF TIPPECANOE AVENUE) (29) . Council Member Strickler made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 85-532 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. RES. 85-533 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE PARCEL MAP FOR SUBDIVISION PARCEL MAP 6754, LOCATED ON THE SOUTHEAST CORNER OF OLIVE AVENUE AND BEL- MONT AVENUE, ACCEPTING THE PUBLIC DEDICA- TIONS AS SET FORTH ON SAID MAP; AND AUTHOR- IZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUB- DIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (30) . Council Member Strickler made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 85-533 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. RES. 85-534 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 10182, LOCATED AP- PROXIMATELY 488 FEET SOUTH OF THE CENTER- LINE OF IRVINGTON AVENUE AND EAST OF OLIVE AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (31) Council Member Strickler made a motion, seconded by Council Member Reilly, that said resolution be adopted. . vote: Quiel, Member Resolution No. 85-534 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Marks. 16 12/16/85 . ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 12.76.045 TO THE SAN BERNAR- DINO MUNICIPAL CODE TO DECLARE FISHING IN THE SECCOMBE LAKE TO BE UNLAWFUL EXCEPT IN DESIGNATED AREAS. FIRST (32) The City Clerk read the title of the ordinance. Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that first reading of the ordinance be waived. City Administrator Matzer answered questions. Council Member Quiel made a motion, Council Member Strickler, that said ordinance for final passage. seconded by be laid over ORD. MC-488 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.63.130 SUB- SECTION B OF THE SAN BERNARDINO MUNICIPAL CODE TO CHANGE THE ADDRESS OF THE CENTRAL FIRE STATION. FINAL (33) . The City Clerk read the title of the ordinance. Council Member Quiel 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-488 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Marks. GENERAL REPORTS AND CORRESPONDENCE Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the follow ing i terns be filed: (35) a. Civil Service Eligibility Lists: . Electrician II Equipment Mechanic Helper b. City Treasurer's Investment Portfolio - September 30, 1985. c. Application before the Public Utilities Commission submitted by AT&T Communications of California, Inc., for rate increase. d. Five alcoholic beverage applications for the fOllowing new and transferred licenses: NEW Southland Corp. dba 7-Eleven Store *2131 5th Street at IIGH Street Off Sale Beer & Wine Anil K. Kumar dba Highland Mobil Service 3588 E. High- land Avenue Off Sale Beer & Wine . 17 12/16/85 . National Orange 689 So. "E" Show, Donald J. Street Fithian, DiL, J. Gill Snyder, Treas., Joseph G. Brosmer, Secy., Wilfred C. Lemann, Atty., dba NOS- National Orange Show On Sale General TRANSFERRED Denny's Inc. dba Denny's 510 W. Orange Show Road On Sale Beer & Wine pangsak Wong- pumin, dba Thai & Oriental Market 2077 E. High- land Avenue Off Sale Beer & Wine . NEW CITY LOGO - ADOPTION City Clerk Clark explained that at the meeting of the Mayor and Common Council held on November 20, 1985, Mayor Wilcox had presented an item of new business regarding the adoption of a new City Logo, which is a symbol of arrowheads in motion. The matter was discussed, but in- advertently, no vote was recorded. Council Member Strickler made a motion, seconded by Council Member Quiel, that the New City Logo, as proposed, be adopted. The motion carried by Council Members Estrada, Strickler. Noes: Council Council Member Marks. the following vote: Ayes: Reilly, Quiel, Frazier, Member Hernandez. Absent: APPROVE MINUTES - NOVEMBER 20, 1985 - CONTINUED FROM EARLIER IN THE MEETING Council Member Reilly made a motion, seconded by Council Member Hernandez 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 20th of November, 1985, as submitted in typewritten form. (5) . CHANGE ORDER NO. SIX - BOX CULVERT - 40TH STREET AND THIRD AVENUE - E. L.YEAGER CONSTRUCTION COMPANY In a memorandum dated December 9, 1985, Roger Hard- grave, Director of Public Works/City Engineer, explained Change Order No. six to the contract with E. L. Yeager Construction Company for construction of a box culvert at 40th Street and Third Avenue. (S-l) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to ap- prove Change Order No. Six to the contract with E. L. Yeager Construction Company, Inc., for the construction of a box culvert at Fortieth Street and Devil Creek Channel (Third Avenue), in accordance with Plan No. 6503, to authorize the contractor to install guide markers and to extend guard railing on a time and materials basis, at an increase in contract price not to exceed $1,200.00 from $533,315.43 to $534,515.43. . REPORT FROM CITY ADMINISTRATOR - APPRAISAL PROCEDURES An Analysis of Appraisal Process, 1985, from Raymond D. Schweitzer Deputy tor, was presented. dated December 6, City Administra- (S- 2) 18 12/16/85 . City Administrator Matzer answered questions and stated that dramatic changes in the appraisal procedures were not being recommended. It was suggested, however, that more lead time be provided in requesting appraisals so that more appraisers could submit bids. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the report from the City Administrator relative to an analysis of current procedures with respect to appraisals in the City be received and filed. CONDITIONAL USE PERMIT PROCESS - TO INCLUDE OFF SALE OF ALCOHOL - REPORT FROM CITY ATTORNEY City Attorney Prince presented a Legal Opinion writ- ten by Deputy City Wilson, dated December 2, 1985, regard- ing zoning regulation in off-site sale of alcoholic bever- ages. The conclusion was that under the zoning laws, the City may establish conditions for the location of busi- nesses engaging in the off-site sale of alcoholic bever ages. (S- 3) City Attorney Prince answered questions. . Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that the issue of the inclusion of off sale of alcohol in the Conditional Use Permit Process be referred to the Planning Commission for a report back on March 3, 1986. WAYS AND MEANS COMMITTEE MEETING - DECEMBER 13, 1985 Council Member Frazier presented the report of the Ways and Means Committee meeting held on December 13 1985. The following items were discussed: (14) 1. possible Vacation of Arrowhead Avenue; Repaving Arrowhead Avenue and/or Modifications due to Racing Promotions The Committee recommended the City go forward with:lfS-Present administrative plans to repave Arrowhead Avenue. . Council Member Estrada made a motion, seconded by Council Member Strickler and unanimously carried, to direct staff to continue with plans to repave Arrowhead Avenue and coordinate with the Orange Show in order that the work does not interfere with their schedule. City Administrator Matzer answered questions. 2. Central City Company - Authorization to Encroach into Mall Area The Committee recommended approval of the request from Central City Company with the understanding that the present level of support services funded by Cen- tral City Company would continue and the Central City Company would agree to participate, upon the City's insis- tence, in expanding the Mall to include a fourth wing expansion project for an upscale department store. (A list of Central City provided mall support services was attached.) . Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, to ap- prove the request of the Central City Mall to encroach into the Mall area, with the understanding that the pres- ent level of support services funded by the Mall would continue, and that the City Attorney be instructed to prepare an appropriate agreement consistent with their request. 19 12/16/85 . 3. MAC Plan Report Mr. Greg Garcia presented an excellent report on the More Attractive Community Project (MAC), its inception, its ambitions and its present status. The committee recommended that this program go forward with the understanding that it does not interfere with, or delay support to, the ongoing citizen needs in the rest of the City. COUNCIL MEMBER MARKS ARRIVED Council Member Marks arrived at the Council Meeting and took his place at the Council Table. 4. proposed Fire Station/Vanderbilt Way Area - proposed List of Equipment The Committee recommended approval as per recommendation of City Treasurer and City Administrator Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, to direct the City Administrator and City Treasurer to develop a plan for the acquisition of the following items: . New Fire Station New Fire Equipment Computer-Aided Dispatch System City Telephone System $ 713,900.00 240,000.00 550,000.00 600,000.00 TOTAL $2,103,900.00 City Administrator Matzer ing funding and the possibility to finance the new fire station answered questions regard- of an assessment district and fire equipment. Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that the Ways and Means Committee report of the meeting of December 13, 1985, be received and filed. . LABOR RELATIONS - UNIT MODIFICATION - SAFETY SUPPORT UNIT - CIVILIAN EMPLOYEES OF POLICE DEPARTMENT Mary Jane perlick, Director of Personnel, stated that a petition for unit modification was filed, and a hearing was held. Her determination was that the unit modifica- tion should not take place, and that decision is being appealed. She further stated that she is requesting direction from the Council as to how the impasse for unit modification shall be resolved. (This unit modification concerns creating a safety support unit out of the general unit for civilian employees in the Police Department.) (21) City Attorney Prince answered questions regarding methods of resolving the dispute. Personnel Director Perlick stated that the modification would mean that the two units would be formed out of one. The new units would then vote as to who would represent them. Terry Wood, President of the San Bernardino Police Department Association, stated that it was their understanding that this matter was to be continued to January 6, 1986, and for that reasons their attorney was not present. They would like to have input at that time. . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that a public hearing be set for 2:00 p.m., on January 6, 1986, 20 12/16/85 . in the Counci 1 Chambers of City Hall, 300 North "0" Street, San Bernardino, California, to consider the unit modification impasse. COUNTY OF SAN BERNARDINO - SAN BERNARDINO PUBLIC SAFETY AUTHORITY - JOINT POWERS AGREEMENT - FIFTH AMENDMENT Mayor Wilcox presented a letter from the County Board of Supervisors and a proposed amendment to the San Bernar- dino Public Safety Authority Joint Powers Agreement to allow the County to use the Authority as a leasing agent. John Giblen, County Administrator's Office, explained the provisions of the Fifth Amendment to the Joint Powers Agreement, and stated that Don Rogers is currently Chairman of the Joint Powers Agreement and others members are Gene Wood and George Schnarre. . Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, that the proposed Fifth Amendment to the Joint Powers Agreement for the Public Safety Authority with San Bernardino County be referred to the City Attorney for preparation of a resolu- tion to be brought back on December 23, 1985. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler left the Council Meeting. APPOINTMENTS - PARKS & RECREATION COMMISSION - MARYE L. MILES - DOUG POTTER Pursuant to memoranda dated December 10, 1985 and December 13, 1985, from Mayor Wilcox, Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that the reappointment of Marye L. Miles, 1420 Dillson Road, San Bernardino, CA 92404 and the appointment of Doug Potter, 3520 North "G" Street, San Bernardino, CA 92404, to the Parks & Recreation Commission be approved. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. . APPOINTMENT - MAYOR'S OFFICE - SENIOR STENOGRAPHER CLERK - NANCY L. BARNETT Council Member Quiel made a motion, seconded by Council Member Strickler, to approve the appointment of Nancy L. Barnett to the position of Senior Stenographer Clerk in the Mayor's Office, Salary Range Range 1071, Step "A" $7.8897/hr. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Hernandez. RES. 85-535 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, AUTHORIZING THE STAFF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO NOTIFY THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE OF THE AMOUNT, IF ANY, OF THE UNUSED PORTION OF THE 1985 CALENDAR YEAR PRIVATE ACTIVITY BOND LIMIT OF THE CITY OF SAN BERNARDINO. (R-8) . The City Clerk read the title of the resolution. 21 12/16/85 . Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said resolution be waived. Resolution No. 85-535 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE SUBMISSION OF AN APPLICA- TION TO THE MORTGAGE BOND ALLOCATION COM- MITTEE FOR AN ALLOCATION FOR THE ISSUANCE OF SINGLE FAMILY MORTGAGE REVENUE BONDS DURING CALENDAR YEAR 1986. (R-9) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be continued to Monday, December 23, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . RES. 85-536 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO AUTHORIZING ISSUANCE OF $3,800,000 FLOATING/FIXED RATE DEMAND INDUSTRIAL DE- VELOPMENT REVENUE BONDS, SERIES 1985, (SIMA PARTNERSHIP NUMBER ONE, PROJECT TWO). (R-12A) The City Clerk read the title of the resolution. Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived. Council Member Quiel made a motion, seconded by Council Member Frazier, that said resolution be adopted, subject to Redevelopment Agency Counsel approval. Resolution No. 85-536 was adopted by the vote: Ayes: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. None. following Hernandez, Absent: . RES. 85-537 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TRANSFERRING $3,800,000 OF ITS ALLOCATION FOR PRIVATE ACTIVITY BONDS TO SIMA PARTNERSHIP NUMBER ONE. (R-12B) The City Clerk read the title of the resolution. Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived. Council Member Quiel made a motion, seconded by Council Member Frazier, that said resolution be adopted, subject to Redevelopment Agency Counsel approval. Resolution No. 85-537 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. . 22 12/16/85 . BEAUTIFICATION PROGRAM APPLICATION - COMMUNITY DEVELOPMENT COMMISSION In a memorandum dated December 9, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, presented a synopsis of previous Commission/Council action regarding the downtown beautification program. She stated a request from Chuck Obershaw Toyota, 1139 North "E" Street had been received for Beautification Program funds in excess of $5,000, the maximum amount allowed without a recommenda- tion from the Redevelopment Committee and approval from the Community Development Commission. (R-13) The Community Development Commission took action to approve Mr. Obershaw's request for funds in the amount of $10,000, as recommended by the Redevelopment Committee on December 3, 1985. The Mayor and Common Council discussed the establishment of criteria for allocation of Beautification Funds. It was stated that the City has an ordinance regarding maintenance of the outside of buildings. . Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that the MAC Team be requested to research existing ordinances on maintenance of buildings and make recommendations concerning various levels of criteria for beautification projects. HIGH GROUNDWATER PUMPING In a memorandum dated December 10, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, explained the background of the groundwater pumping program and the request that the Agency recommend methods for funding the $200,000 pumping costs, plus an additional $36,370.23 for incurred pumping costs. The staff recommendation was to reimburse the city from access tax increment funds, as they flow, from the Tri City Project, both Sub Area A & B. (R14A) The Mayor and Common Council discussed reimbursement from the Redevelopment Agency of costs incurred in high groundwater pumping. . Sr. Assistant City Attorney Briggs stated that it is entirely proper for the Redevelopment Agency to reimburse the City for problems in Redevelopment project areas. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to approve the reimbursement of the City of San Bernardino in the amount based upon the actual expenditures forwarded to the City ($36,370.25) for incurred pumping charges, from tax increment revenues to be derived from the Tri-City Project Area, when said funds have been received by the Agency (less current existing obligations - taxing agency agreements and 20% set aside for low/moderate housing). COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. . Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to table staff recommendations to reimburse the City of San Bernar- dino for its $200,000 share in the High Groundwater pump- ing program from future tax increment funds, as they flow, from the Tri-City Project Area, less incurred liabilities. (14B) 23 12/16/85 [--.- COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel left the Council Meeting. . APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' ORDER OF ABATEMENT - 5055 DAVID WAY - DAVID HATFIELD - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for consider- ation of an appeal filed by Attorney Richard Andrews on behalf of David Hatfield concerning the Board of Building Commissioners' Order of Abatement on property located at 5055 David Way. The appeal concerns Mr. Hatfield's re- fusal to submit plans to City departments for approval, on the grounds the plans are a trade secret and would become public information upon submittal. (10) At the morning session, the public hearing concerning the Board of Building Commissioners' Order of Abatement at 5055 David Way was continued to the afternoon session to allow the preparation of findings, pursuant to the request of Richard Andrews, Attorney for David Hatfield. . As requested, the Findings and Conclusions in the matter of 5055 David Way, San Bernardino, California, Owner: David Hatfield, were presented. Mr. Richard Andrews, Attorney for David Hatfield, was present. Jack Rosebraugh, Superintendent of Building and Safety, answered questions. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to adopt the Findings and Conclusions in the matter of 5055 David Way as prepared by Jack Rosebraugh, Superintendent of Building and Safety, dated December 16, 1985, and affirm the decision of the Board of Building Commissions. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. The Mayor and Common Council discussed the existing building at 5055 David Way, which is an A-Frame residence. . Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the hearing be closed, that the decision and findings of the Board of Building Commissioners be affirmed, and that the appeal filed by David Hatfield be denied. City Attorney Prince answered questions, stating that it is his belief that 5055 David Way is a single family residential zone and that there are two R-l buildings on the lot. Jack Rosebraugh, Superintendent of Building and Safety, answered questions, stating that the A-Frame meets building codes, but there is no garage on the property which is a requirement of the San Bernardino Municipal Code. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. . Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the Common Council find that the zoning at 5055 David Way is R-l Single Family Residential, and that the structure 24 12/16/85 . proposed to be built and under construction is in viola- tion of the zoning ordinance in that it would result in a second residential building on that lot and is therefore declared a public nuisance under the zoning ordinance. Counci 1 Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the matter of the existing A-Frame located at 5055 David Way be referred to the Department of Building and Safety and the City Attorney, to submit a report and recommendation on the violation concerning the absence of a garage and other violations deemed appropriate by the City Attorney and Superintendent of Building and Safety. PERSONNEL COMMITTEE REPORT - DECEMBER 13, 1985 Council Member Reilly, Chairman of the Personnel Committee, presented the report of the meeting of the Personnel Committee held on December 13,1985. The following items were discussed: . 1. Salary Adjustments - Head Start positions The Committee recommended approval of the request with start date as determined by the City Attorney. The retroactive date is established as September 30, 1985, unless the federal contract date of September 1, 1985, is mandatory. 2. New Classification - Library Outreach Officer The Committee recommended approval of the Library Outreach Officer position at a salary equal to Senior Librarian. The recommendation is made with the understanding that an Intermediate Office Clerk position be deleted and the salary be funded from salary savings this year and funded through allocation of resources within the Library budget in 1986. 3. Discussion Employee's Portion of P.E.R.S. ~ayment for Management Personnel Continued for additional input. 4. Upgrade - Personnel Clerk positions Committee recommended approval of a Personnel Clerk II position with the understanding that salary be funded from salary savings in 1985 and funded through allocation of resources within the Personnel Budget in 1986. . 5. CIa ss if i ca t i on S t~ Comm i t tee recommended release of information, study and recommended actions in early January as recommended by the Personnel Director and City Administrator. 6. Sa~EY-Adjustment - Establishment of Deputy III position The Committee agreed in concept with City Attorney's request. the Ci ty Attorney was asked to present this item to the full Council with a complete explanation and salary range. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. . 25 12/16/85 . RES. 85-538 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION . . . CREAT- ING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; ELIMINATING ONE POSITION OF DEPUTY CITY ATTORNEY II AND CREATING ONE POSITION OF DEPUTY CITY ATTORNEY III IN THE CITY ATTORNEY'S OFFICE, EFFECTIVE JANUARY 6, 1986. City Clerk Clark read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 85-538 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Council Members Marks, Frazier. . RES. 85-539 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION . . . ESTAB- LISHING A BASIC COMPENSATION PLAN. "; AND ADDING A POSITION OF DEPUTY CITY ATTOR- NEY III AT SALARY RANGE 3159 ($3312-$4034). City Clerk Clark read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 85-539 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Council Members Marks, Frazier. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meeting and took his place at the Council Table. . SAN BERNARDINO COMMUNITY HOSPITAL IDB FEE In a memorandum dated December 12, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, explained certain provisions in the Loan Agreement and Trust Agree- ment with San Bernardino Community Hospital which con- tained a provision for pro rata return of the 1% develop- ment fee if the early call date for the bonds is utilized. The bond amount for the proposed project is $40,000,000 for modernization of a 322-bed acute health care facility; construction of a five-story medical facility and acquisi- tion of related medical systems and equipment, to be lo- cated at 1500 West 17th Street. (RS-2) Tim Sabo, Bond Counsel, Redevelopment Agency, was present to answer questions. Ray Barton of San Bernardino Community Hospital also answered questions. . Sr. Assistant City Attorney Briggs stated that the City Treasurer had presented concerns regarding the desig- nation of funding under the Industrial Development Bonds and the handling of the 1% development fund. 26 12/16/85 Molly Arnold From Orrick, Herrington, Sutcliff an- swered questions. . Council Member Strickler made a motion, seconded by Council Member Frazier, to authorize refunding a percen- tage of IDB fee if early call date is utilized. (RS-2A) The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Member Marks. Abstain: Council Member Quiel. Council Member Strickler made a motion, seconded by Council Member Estrada, to authorize Redevelopment Agency staff to invest IDB fee and release 1/8 of 1% each year to the Economic Development Council. (RS-2B) The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Frazier, Strickler. Noes: Counci 1 Member Hernandez. Absent: Council Member Marks. Abstain: Council Member Quiel. . COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. INTERNATIONAL CHRISTIAN GRADUATE UNIVERSITY - CAMPUS CRUSADE FOR CHRIST - INDUCEMENT RESOLUTIONS - COOPERATIVE AGREEMENT WITH COUNTY - (ARROWHEAD SPRINGS RANCH) - CONTINUED FROM DECEMBER 5, 1985 This is the time and place continued to for discus- sion on the Cooperative Agreement with San Bernardino County for the issuance of Multifamily Bonds for the In- ternational Christian Graduate University (Arrowhead Springs Ranch). (RS-3) In a memorandum dated December 12, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, gave the background information on previous Council action regarding the Cooperative Agreement relative to Multifamily Bonds for the International Christian Graduate University. . RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A HOUSING FINANCE REVENUE BOND PROGRAM IN COOPERATION WITH THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER FOR AND ON BEHALF OF THE CITY, UPON SATISFACTION OF CERTAIN CONDITIONS, A COOPERATIVE AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO. Mr. Warner Hodgdon, Project Manager, was present to represent Campus Crusade for Christ International. Dr. Joe Janczyk, Empire Economics, presented a revised report on the apartment housing market for San Bernardino County's East Valley Market Region. The report shows a future over-supply of units. He also presented a survey of the vacancy rate of large apartment complexes within the City of San Bernardino. . After answering questions, Dr. Janczyk concluded that it is possible that most of the Arrowhead Springs Ranch Project could be absorbed by 1992, but housing supply will be concentrated in one area of the valley. 27 12/16/85 Glenda Saul, Executive Director of the Redevelopment Agency, answered questions regarding the number of units induced by the City of San Bernardino. . Mr. Lou Yeager, representing the San Bernardino Chamber of Commerce, read a position paper from the Chamber in support of the Arrowhead Springs Ranch Project. Dr. and Mrs. Bill Bright of Campus Crusade for Christ International, explained the benefits of the project and asked for the Council's support. Barry Neimeyer, the owner of four apartments on North Sierra Way, spoke regarding the vacancy factor and the effect a project of this size would have on the apartment market. Theresa Santee with the local chapter of the ACLU spoke regarding the Church/State issue. Helen Kopcynski of 8150 Cable Canyon, San Bernardino, also spoke. . Mr. Maurice Robinson of Pannell, Kerr and Forster, stated his firm prepared an economic feasibility report on the project and a marketing study, with projections for future demand. He disputed Dr. Janczyk's report as being based solely on historical data and presented his own study which indicates unprecedented demand for housing in San Bernardino in the next few years. Dr. Janczyk pointed out that the two reports do not differ on what the demand will be by 1988, but that it will be three years before anyone really knows for sure. Therefore, the City has three years to make a decision. Mr. Warner Hodgdon, Project Manager, referred to his letter dated December 16, 1985, to Robert L. Hammock, Chairman, Board of Supervisors, County of San Bernardino, and to his letter dated December 16, 1985, to Robert B. Rigney, County Administrative Office, San Bernardino County. . Mr. Warner Hodgdon, Project Manager, also read from a document dated December 12, 1985, entitled "Draft Memor- andum Arrowhead Springs Ranch". This document contained the Outline Plan of Development for Arrowhead Springs Ranch through 1992 which represents an overall capital investment of approximately $380,000,000 for the City and County communities. The overall public revenues generated from the ongoing and continued development of Arrowhead Springs have been extrapolated to reach approximately $241,516,000 through 1986-2015. After discussion, Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously car- ried, that the matter concerning the Arrowhead Springs Ranch project be tabled. COUNCIL MEMBER MARKS EXCUSED Council Member Marks left the Council Meeting. . NEW CENTRAL LIBRARY - INSTALLATION OF ELEVATORS - DOVER ELEVATOR COMPANY - APPROVAL AND ACCEPTANCE OF WORK In a memorandum dated December 9, 1985, Roger Hard- grave, Director of Public Works/City Engineer, stated that all work under the contract with Dover Elevator Company for installation of elevators in the New Central Library was satisfactorily completed as of December 6, 1985. (R-17) 28 12/16/85 . council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the work performed by the contractor, in accordance with Specification No. 6462, be approved and accepted, and that final payment be authorized at the expiration of the lien peri od. NEW CENTRAL LIBRARY - CONSTRUCTION OF INTERIOR - BERRY CONSTRUCTION - APPROVAL AND ACCEPTANCE In a memorandum dated December 9, 1985, Roger Hard- grave, Director of Public Works/City Engineer, stated that all work under the contract with Berry Construction for construction of the interior of the New Central Library was satisfactorily completed as of December 6,1985. (R-18 ) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the work per formed by the contractor, in accordance wi th Specification No. 6467 be approved and accepted; and that final payment be authorized at the expiration of the lien period. . NEW CENTRAL LIBRARY - CONSTRUCTION OF PLUMBING - BAUMGARTEN PLUMBING, INC. - APPROVAL AND ACCEPTANCE In a memorandum dated December 9, 1985, Roger Hard- grave, Director of Public Works/City Engineer, stated that all work under the contract with Baumgarten plumbing, Inc. for construction of plumbing in the New Central Library was satisfactorily completed as of December 6, 1985. (R-19) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the work performed by the contractor, in accordance wi th Specification No. 6465, be approved and accepted; and that final payment be authorized at the expiration of the lien period. . NEW CENTRAL LIBRARY - MASONRY - WINEGARDNER MASONRY - APPROVAL AND ACCEPTANCE In a memorandum dated December 9, 1985, Roger Hard- grave, Director of Public Works/City Engineer, stated that all work under the contract with Winegardner Masonry for masonry work in the New Central Library was satisfactorily completed as of December 6, 1985. (R-20) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the work performed by the contractor, in accordance with Specification No. 6458, be approved and accepted; and that final payment be authorized at the expiration of the lien period. NEW CENTRAL LIBRARY - ELECTRICAL - MARK COX ELECTRIC - APPROVAL AND ACCEPTANCE In a memorandum dated December 9, 1985, Roger Hard- grave, Director of Public Works/City Engineer, stated that all work under the contract with Mark Cox Electric for electrical work at the New Central Library was satisfac- torily completed as of December 6, 1985. (R-2l) . Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the work performed by the contractor, in accordance with Specification No. 6464 be approved and accepted; and that final payment be authorized at the expiration of the lien period. 29 12/16/85 . NEW CENTRAL LIB~,RY - CONSTRUCTION OF SKYLIGHTS - METCOE SPECIALTY CO., INC. - APPROVAL AND ACCEPTANCE In a memorandum dated December 9, 1985, Roger Hard- grave, Director of Public Works/City Engineer, stated that all work under the contractor with Metcoe Specialty Co., Inc., for construction of skylights in the New Central Library, was satisfactorily completed as of December 6, 1985. (R-22) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the work performed by the contractor, in accordance with Specification No. 6460, be approved and accepted; and that final payment be authorized at the expiration of the lien period. . INDUCEMENT FOR PROJECTS SEEKING MULTIFAMILY MORTGAGE REVENUE BONDS - ACCEPTANCE In a memorandum dated December 10, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, stated that staff is seeking direction in policy for multifamily mortgage revenue bonds. She further stated that staff recommended a moratorium on new inducements for multi- family mortgage revenue bonds. (R-16) Glenda Saul, Executive Director of the Redevelopment Agency, answered questions. Council Member Quiel made a motion, seconded by Council Member Strickler, to continue to accept applica- tions for Multifamily Mortgage Revenue Bonds for approval on a case-by-case basis by the Mayor and Common Council. The motion carried by Council Members Estrada, Strickler. Noes: Council Council Member Marks. the following vote: Ayes: Reilly, Quiel, Frazier, Member Hernandez. Absent: . TEFRA PUBLIC HEARING - CAL-SHEL PROJECT - 720 APARTMENT UNITS - SHAND IN HILLS - NORTH SIDE OF KENDALL DRIVE - WEST OF LITTLE MOUNTAIN This is the time and place set for a public hearing to consider financing for Carousel Development and Associ- ates in the amount of $27,000,000 for the construction of 720 apartment units on property located in Shand in Hills, on the north side of Kendall Drive, approximately one and one-half miles west of Little Mountain. (R-23) Mayor wilcox opened the hearing. RES. 85-540 - 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 The City Clerk read the title of the resolution. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived. . Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. 30 12/16/85 . Resolution No. 85-540 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Quiel, frazier, Strickler. Noes: Council Member Hernandez. Absent: Council Member Marks. 1985 SINGLE FAMILY MORTGAGE REVENUE BOND In a memorandum dated December 13, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, set forth the proposed 1986 Single-Family Mortgage Revenue Bond issue in the total amount of $31,260,000. (RS-l) Glenda Saul, Executive Director of the Redevelopment Agency, explained the blind pool and along with Tim Sabo, Bond Counsel, answered questions. Council Member Quiel made a motion, seconded by Council Member Reilly, to authorize the Redevelopment Agency to enter into a developers agreement in a $6,500,000 blind pool to be used for new construction housing development with homes priced in the $200,000 - $120,000 range. . The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Quiel, Frazier. Noes: Council Member Strickler. Absent: Council Member Marks. APPROVE MINUTES - OCTOBER 21, 1985 - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for approval of the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 21st of October, 1985, as submitted in typewritten form. (1) Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that ap- proval of the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 21st of October, 1985, be continued to Monday, December 23, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . APPROVE MINUTES - NOVEMBER 1, 1985 - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for approval of the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 1st of November, 1985, as submitted in typewritten form. (2) Council Member Hernandez 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 of the City of San Bernardino held on the 1st of November, 1985, be continued to Monday, December 23 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. REPORT FROM CITY ATTORNEY - WAIVER OF DENSITY BONUS - SALE OF SEWER CAPACITY RIGHTS This is the time and place set to consider a report from the City Attorney relative to waiver of density bonus as a condition to the precedent on the sale of sewer ca- pacity rights. (17) . Council Member Quiel made a motion, seconded Council Member Strickler and unanimously carried, that report from the City Attorney relative to waIver by the of 31 12/16/85 . density bonus as a condition to the precedent on the sale of sewer capacity rights be continued to Monday, December 23, 1985 in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned Meeting and took his place at the Council to the Table. Council COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. RECESS MEETING - CLOSED SESSION At 8:10 p.m., Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously car- ried, that the meeting recess to a Closed Session under the authority of Government Code Section 54956.9(a) to discuss litigation and Government Code Section 54957 to discussion personnel matters. . CLOSED SESSION At 8:10 p.m., Mayor wilcox called the Closed Session to order in the Conference room of the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox, Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney prince, City Clerk Clark, City Administrator Matzer. Absent: None. Also present: Sr. Assistant Tim Sabo, Redevelopment Agency Scott, Affirmative Action Officer; Director, Redevelopment Agency, Simon, Bankruptcy Counsel. City Attorney Briggs, Bond Counsel; Juanita Glenda Saul, Executive and Attorney William J. SR. ASSISTANT CITY ATTORNEY BRIGGS, EXECUTIVE DIRECTOR SAUL, BOND COUNSEL SABO EXCUSED At 8:30 p.m., Sr. Assistant City Attorney Briggs, Executive Director of the Redevelopment Agency Saul, and Bond Counsel Sabo left the Closed Session. . COUNCIL MEMBER ESTRADA EXCUSED AT 10:15 P.M., Council Member Estrada left the Closed Session. ADJOURN CLOSED SESSION At 10:25 p.m., the Closed Session adjourned to the Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 10:25 p.m., the Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Reilly, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Members Estrada, Hernandez. 32 12/16/85 . CONVENTION CENTER/HOTEL In a memorandum dated December 16, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, stated that Attorney William J. Simon had been retained to rep- resent the City and the Agency in the bankruptcy matter of English Enterprises, Inc. Mr. Simon recommended that no use be made of the Convention Center until the entire bankruptcy matter has been cleared up. (RS-4) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to instruct the Superintendent of Public Buildings to commence maintenance on the Convention Center. ADJOURNMENT At 10:25 p.m., Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the meeting be adjourned. ~/NI4~;#; / City Clerk . . . 33 12/16/85