HomeMy WebLinkAbout02-07-1983 Minutes
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City of San Bernardino, California
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February 7, 1983
The Regular Meeting of the Mayor and Common Council of the
City of San Bernardino was called to order by Mayor Holcomb on
Monday, February 7, 1983, at 9:00 a.m., in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
INVOCATION
The Invocation was given by Reverend Charles Pilgrim, Pastor
of Golden Valley Church of Christ.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Reilly.
ROLL CALL
Roll Call was taken by the City Clerk with the following be-
ing present: Mayor Holcomb; Council Members Castaneda, Reilly,
Hernandez, Marks, Quiel, Hobbs, Strickler; City Clerk Clark, City
Administrator Matzer. Absent: City Attorney Prince.
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PROCLAMATION - NATIONAL ENGINEERS WEEK - FEBRUARY 20
THROUGH 26, 1983
Dave Light, Executive Assistant to the Mayor, read a proc-
lamation of the Mayor of the City of San Bernardino proclaiming
the week of February 20 through 26, 1983 as National Engineers
Week in the City of San Bernardino.
Glenn Wilson, Director of Public Works/City Engineer, accepted
the proclamation.
CITY ATTORNEY PRINCE ARRIVED
At 9:03 a.m., City Attorney Prince arrived at the Council
Meeting and took his place at the Council Table.
APPROVE MINUTES - DECEMBER 23, 1982
Council Member Castaneda 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 23rd of December, 1982, as submitted in
typewritten form. (1)
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APPROVE MINUTES - JANUARY 25, 1983
Council Member Castaneda 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 25th of January, 1983, as submitted in
typewritten form. (4)
DINE AND DANCE APPLICATION - HERNANDEZ fu~D VASQUEZ -
1241 WEST FIFTH STREET - THE COPACABANA
Pursuant to the recommendation of the Chief of Police, Coun-
cil Member Castaneda made a motion, seconded by Council Member
Reilly and unanimously carried, that the application of Javier
Hernandez, 841 North "D" Street, and Ernesto Vasquez, 25586
Pasito Street, for dine and dance for The Copacabana, 1241 West
Fifth Street, be approved. (5)
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OUT-OF-STATE TRAVEL - JEWS - FIRE DEPARTMENT
In a memorandum dated January 21, 1983, Gerald
Fire Chief, recommended that Inspector Jimmy Jews be
to attend a Fire Arson Investigation course given at
Fire Academy in Washington, D. C., on March 14, 1983
April 1, 1983.
Newcombe,
authorized
the National
through
(9)
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Council Member Castaneda made a motion, seconded by Council
Member Reilly and unanimously carried, that authorization be
given for Inspector Jimmy Jews to attend the National Fire Academy
in Washington, D. C., March 14 through April 1, 1983.
WEED ABATEMENT PROGRAM - SAN BERNARDINO HIGH SCHOOL
BASEBALL (ALUMNI TEAM), ARROWHEAD CHRISTIAN CHURCH,
SAN BERNARDINO ORDER OF RAINBOWS ASSEMBLY #78
Applications have been received from the San Bernardino High
School Baseball (Alumni Team), Arrowhead Christian Church, and the
San Bernardino Order of Rainbows Assembly #78, requesting permis-
sion to participate in the City's weed abatement program to earn
a total of $500.00 each. (10)
Council Member Castaneda made a motion, seconded by Council
Member Reilly and unanimously carried, that weed abatement assign-
ments be approved for San Bernardino High School Baseball (Alumni
Team), Arrowhead Christian Church, and the San Bernardino Order
of Rainbows Assembly #78, in the amount of $500, and that the
Director of Public Works/City Engineer be directed to contact the
organization's representative and proceed with the implementation
of said work assignment.
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COUNCIL PERSONNEL COMMITTEE REPORT - ELIGIBILITY LISTS -
PERSONNEL ACTIONS
The Council Personnel Committee minutes of the January 21,
1983 meeting was presented where the current eligibility list for
Senior Field Engineer and Senior Recreation Leader was approved.
Also approved was the establishment of an eligibility list and
authorization to fill the position of Program Coordinator in the
Convention Center and the personnel action form for Steven I.
Locati, Fire Prevention Specialist. (11)
Council Member Castaneda made a motion, seconded by Council
Member Reilly and unanimously carried, that the report from the
Council Personnel Committee be filed.
CLAIMS AND PAYROLL
Council Member Castaneda made a motion, seconded by Council
Member Reilly and unanimously carried, to approve demands against
the City and authorize the issuance of warrants as follows: (12)
1. Approve the register of demands dated:
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January 10, 1983
January 17, 1983
January 24, 1983
#82/83
#82/83
#82/83
$789,333.56
$445,487.25
$976,588.58
2. Approve the total gross payroll for the period
December 13, 1982 through December 26, 1982, in
the amount of $935,003.26.
3. Approve a supplement to the total gross payroll
for the period December 13, 1982 through December
26, 1982, in the amount of $321.75.
4. Approve the total gross payroll for the period
December 27, 1982 through January 9, 1983, in
the amount of $939,767.03.
5. Approve a supplement to the total gross payroll
for the period December 27, 1982 through January
9, 1983, in the amount of $74.00.
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PERSONNEL ACTIONS
Council Member Castaneda 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 as follows: (13)
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APPOINTMENTS
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Conununications
Kenneth R. Nelson, Sr. - Dispatcher
Effective February 8, 1983
Fire Department
Michael T. Alder - Fire Fighter
Effective February 21, 1983
Clayton S. Bailey - Fire Fighter
Effective February 21, 1983
Steven I. Locati - Fire Prevention Specialist
Effective February 14, 1983
Norman E. Walters - Fire Fighter
Effective February 21, 1983
REINSTATEMENT OF LEAVE OF ABSENCE
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Police Department
Gloria A. Hurt - Intermediate Typist Clerk
From November 26, 1982 to February 28, 1983
COUNCIL MEMBER CASTANEDA EXCUSED
Council Member Castaneda was excused from the Council Meeting.
APPROVE MINUTES - JANUARY 14, 1983
Council Member Quiel made a motion, seconded by Council Mem-
ber Reilly and unanimously carried, to approve the minutes of the
meeting of the Mayor and Conunon Council of the City of San Bernar-
dino held on the 14th of January, 1983, as submitted in typewritten
form. (2)
APPROVE MINUTES - JANUARY 17, 1983
Council Member Quiel made a motion, seconded by Council Mem-
ber Reilly and unanimously carried, to approve the minutes of the
meeting of the Mayor and Conunon Council of the City of San Bernar-
dino held on the 17th of January, 1983, as submitted in typewrit-
ten form. (3)
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GAMES OF AMUSEMENT USE RESTRICTION
In a memorandum dated February 4, 1983, Council Member
Hernandez reconunended that the Municipal Code be amended to re-
strict the hours of use of video games by school age students and
to add responsibility of enforcement to the operator. He stated
in his memorandum that many video games are located near schools
creating an invitation for students to skip school and use their
lunch money to operate these games and sometimes taking money
from smaller children as they travel from home to school. (40)
COUNCIL MEMBER CASTANEDA RETURNED
Council Member Castaneda returned to the Council Meeting and
took his place at the Council Table.
Council Member Hernandez made a motion, seconded by Council
Member Castaneda, that the four games of amusement applications
on the agenda be denied.
City Attorney Prince answered questions stating that if no
reasons were given for denial, he is unable to say whether or not
it is legal for the City to deny these applications.
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Council Member Marks made a substitute motion that these re-
quests for games of amusements be held in abeyance and that staff
be instructed to work with the Legislative Review Conunittee and
come up with all reports regarding the detrimental effects of
video games.
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After discussion, Council Member Castaneda made a substitute
motion, seconded by Council Member Reilly, that the four games of
amusement applications on the agenda for Kevin and Thomas Saddler,
Darryl Lewis, Ralph Sneegas, Arnold Darvin and Aloha Clairisa
Carrico-Russell (Kimberly) (Items 6, 7, 8 and 20) be continued to
Monday, February 21, 1983, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
The motion carried by the following vote: Ayes: Council
Members Castaneda, Reilly, Quiel, Strickler. Noes: Council Mem-
bers Hernandez, Marks, Hobbs. Absent: None.
Council Member Marks made a motion, seconded by Council Mem-
ber Hernandez and unanimously carried, that the issue of a mora-
torium on video games be referred to the Legislative Review Com-
mittee for further hearings.
OFF-SITE STREET IMPROVEMENTS - WAIVER OF PERMIT FEES -
CHAPTER 27 IMPROVEMENTS, STREETS AND HIGHWAYS CODE -
CONTINUED FROM JANUARY 4, 1983
This is the time and place continued to for a decision on the
recommendation from the Director of Public Works/City Engineer,
that the proposed amendment to the Municipal Code to provide that
the fee shall be waived for improvements constructed pursuant to
a Notice of Improvement issued as a part of proceedings under
Chapter 27 of the Streets and Highways Code be approved. The im-
provements are ordered by the City and will be a direct benefit
for City activities such as street sweeping. (14)
Council Member Quiel made a motion, seconded by Council Mem-
ber Strickler and unanimously carried, that the recommendation be
continued to Friday, March 4, 1983, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
COUNCIL MEETING DATE - MARCH 1983
The Council discussed the meeting dates for the month of
March. It has been the policy of the Council not to meet on the
day preceeding an election.
Council Member Quiel made a motion, seconded by Council Mem-
ber Marks and unanimously carried, that the first Council meeting
in March be held on Friday, March 4, 1983, at 9:00 a.m., in the
Council Chambers of City Hall, 300 North "D" Street, San Bernar-
dino, California.
JOINT POWERS AGREEMENT - COLTON - SEWER SERVICE -
SOUTH OF MILL STREET, BETWEEN EUCALYPTUS AVENUE AND
SOUTHERN PACIFIC RAILWAY - CONTINUED FROM JANUARY 4,
1983
This is the time and place continued to for a request from
the Director of Public Works/City Engineer that the decision to
pursue the joint powers agreement with Colton for sewer service
be confirmed or a decision made to use lift stations. (15)
Council Member Hernandez made a motion, seconded by Council
Member Quiel and unanimously carried, that the request be tabled.
APPEAL - ABATEMENT - 400 WEST HIGHLAND AVENUE -
ACKERMAN - CONTINUED FROM JANUARY 4, 1983
This is the time and place continued to for an appeal filed
by Mr. Norman Ackerman on the Board of Building Commissioners
order that the public nuisance located at 400 West Highland Ave-
nue be abated. At the Council Meeting of January 4, 1984, Mr.
Ackerman was requested to submit, prior to February 7, 1983, a
report on how the building will be brought up to code. (16)
City Attorney Prince stated he received a call from Mr.
Ackerman requesting a continuance as he is ill and unable to
attend the meeting.
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Jack Rosebraugh, Superintendent of Building and Safety,
stated that he had talked to Mr. Ackerman during the week and
that he told Mr. Ackerman that he needed an engineer's report.
tt Council Member Quiel made a motion, seconded by Council Mem-
ber Marks and unanimously carried, that the public hearing be con-
tinued to the Council Meeting of March 4, 1983, and that Mr.
Ackerman be instructed to have the engineer's plan on file with
the Superintendent of Building and Safety by noon on February 28,
1983.
SUPPORT FOR PUBLIC EDUCATION
Council Member Marks presented a memorandum dated February
4, 1983, recommending that the Council endorse the efforts of the
City school teachers, administrators and Board of Education in
their attempt to gain greater support for public education by
seeking a higher budget priority than in the past for funding
public education in California.
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Mayor Holcomb objected to this being an off the agenda item
as the Mayor and Council have not had the opportunity to research
the issues involved before hearing the request.
Council Member Marks made a motion, seconded by Council Mem-
ber Quiel and unanimously carried, that this item be continued to
Monday, February 21, 1983, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
TOWING CARRIER REQUIREMENTS - CALIFORNIA VEHICLE CODE
PROVISIONS - PROOF OF CONVENIENCE AND NECESSITY -
CONTINUED FROM JANUARY 17, 1983
This is the time and place continued to for a recommendation
from the Acting Secretary of the Franchise Bureau that the Muni-
cipal Code Section regulating towing carriers be amended to in-
clude a provision that towing vehicles shall be rated at a mini-
mum of one ton capacity and be maintained in compliance with the
California Vehicle Code. The Franchise Bureau also recommended
that the Municipal Code be amended to include a provision that
towing carriers be required to show proof of the existence of
public convenience and necessity as a prerequisite to being
placed on the rotation list. (18)
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In a memorandum dated February 3, 1983, the City Attorney
recommended that the Municipal Code section that requires the
Mayor and Council to establish the number of towing carriers on
the Police Department rotation list be repealed; that tow vehicles
be rated at a minimum of one ton towing capacity, and that the
proposed public convenience and necessity requirement for addi-
tions to the towing carriers rotation list and references to cer-
tain vehicle code sections requiring towing carriers to comply
with equipment requirements be tabled. J
Council Member Marks made a motion, seconded by Council Mem-
ber Hernandez and unanimously carried, to repeal that portion of
Section 5.76.550C which places a limitation on the number of tow-
ing carriers on the Police Department rotation list; and add Sub-
section p to Section 5.76.540 to require that tow vehicles be
rated at a minimum of one ton towing capacity.
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RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISH-
ING A PROCEDURE FOR REVIEW AND APPROVAL OF PLANS.
(Continued from December 20, 1982) (19)
The Council discussed the need to distribute copies of the
final draft to the Council and the departments involved.
Council Member Quiel made a motion, seconded by Council Mem-
ber Hernandez and unanimously carried, that the resolution be
continued to Monday, February 21, 1983, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
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CALIFORNIA HOTEL RESTORATION PROCESS - ROBERT A.
SCHAEFER CONSTRUCTION COMPANY - CONTINUED FROM
JANUARY 17, 1983
This is the time and place continued to for a request from
Robert E. Schaefer of the Robert A. Schaefer Construction Company
for discussion on his restoration process for the California Hotel.
(21)
Mr. Robert Schaefer spoke regarding the progress of the
California Hotel but objected to the fact that he had not received
an answer to a letter sent to Frank Schuma, Planning Director,
concerning the conditional use permit process.
Mayor Holcomb explained that the letter could not be answered
at this time because Mr. Schuma did not have direction from the
Council.
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Mr. Schaefer requested acknowledgement of the letter.
Mayor Holcomb cautioned Mr. Schaefer that he is proceeding
with the remodeling of the California Hotel at his own risk, that
there is no guarantee that an ordinance which will lower the
standards for remodeling the building will be adopted, and that
the Schaefers should not make substantial expenditures in anti-
cipation that an ordinance will be adopted.
Mr. Schaefer stated they have not undertaken the remodeling;
they are just maintaining the building.
Jack Rosebraugh, Superintendent of Building and Safety, an-
swered questions regarding the type of permits that have been
issued for the California Hotel.
Mayor Holcomb stated that there will be no action on this
item at this time but there is an ordinance on the agenda per-
taining to earthquake standards.
PUBLIC HEARING - REVOCATION OF LIBERTY TV CABLE, INC.
FRANCHISE - CONTINUED FROM JANUARY 17, 1983
This is the time and place continued to for a public hearing
on the revocation of the franchise granted to Liberty TV Cable,
Inc. (21a)
Pursuant to the recommendation of the City Attorney, Council
Member Quiel made a motion, seconded by Council Member Hobbs and
unanimously carried, that the public hearing be continued to
Monday, April 4, 1983, at 9:30 a.m., in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
. LEGISLATIVE REVIEW COMMITTEE REPORT - MINIMUM DEVELOP-
MENT CRITERIA REVISION - CONTINUED FROM JANUARY 17, 1983
This is the time and place continued to for a recommendation
from the Legislative Review Committee that the proposed amendment
to the Municipal Code regarding development criteria for Single-
Family Residential zoning be approved. At the Council Meeting of
January 17, 1983, the matter was continued for presentation of the
proposed amendment in final form. (17)
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Council Member Strickler, Chairman of the Legislative Review
Committee, stated that the Committee had a hearing with the gen-
eral public and the developers and the hearing resulted in changes
to the Planning Commission's recommendation concerning the zoning.
The new version applies to zoning which will be called R-1-6000
and will not affect any existing R-1-7200 lots. The applicant
will have to bring in an application for subdivision designed as
R-1-6000 and go through the normal subdivision process.
The Chairman of the Legislative Review Committee stated that
the Committee reduced the 52 foot frontage width to 50 feet and
the depth of corner lots was reduced to 80 feet. This recommen-
dation is for an 800 minimum square foot house and the developer
will be required to come in for a zone change from R-1-7200 to
R-1-6000.
Mayor Holcomb urged the Council to require design review on
the R-1-6000 zoning.
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Frank Schuma, Planning Director, answered questions of the
Council regarding affordable housing stating that the 6,000
square foot lot is a separate issue. He stated that according to
the SCAG Report, there is a disproportionate share of affordable
housing in the City of San Bernardino. In other words, this City
has a greater share of low income houses than surrounding cities.
The Planning Director also added that zoning laws are not designed
to legislate ownership.
Ed Jacobson, a realtor in San Bernardino, spoke in opposition
to the design review for smaller lots.
Council Member Quiel made a motion, seconded by Council Mem-
ber Marks and unanimously carried, that this matter be referred
back to the Legislative Review Committee to address the aspect of
design review on the R-1-6,000 square foot lot.
INCORPORATION OF THE CITY OF HIGHLAND - DETACHMENT
FROM THE CITY OF SAN BERNARDINO - LETTER TO THE
LOCAL AGENCY FORMATION COMMISSION
Mayor Holcomb presented his letter dated January 11, 1983,
addressed to the Local Agency Formation Commission, recommending
that the reorganization to include detachment from the City of
San Bernardino and incorporation of the City of Highland be ter-
minated at the earliest opportunity in order to keep from need-
lessly expending large amounts of taxpayers' money on a proposal
that is not feasible. The Mayor stated in his letter that the
City of San Bernardino will not support a municipal corporation
on its eastern boundaries that would require the detachment of
unequitable portions of its commercial area. (22)
Mayor Holcomb asked the Council to openly express any ob-
jections they have concerning this letter.
Council Member Marks made a motion that the letter be re-
ferred to the Council Committee on Relations with Unincorporated
Territories.
The motion died for lack of a second.
Mayor Holcomb answered questions regarding the letter.
Council Member Reilly made a motion, seconded by Council
Member Quiel, that the Mayor's letter dated January 11, 1983 to
the Local Agency Formation Commission relating to the incorpora-
tion of the City of Highland be endorsed by the Council.
The motion carried by the following vote:
Members Castaneda, Reilly, Marks, Quiel, Hobbs,
None. Absent: None. Abstain: Council Member
Ayes: Council
Strickler. Noes:
Hernandez.
WAYS AND MEANS COMMITTEE REPORT - MEADOWBROOK BOXING
PROGRAM
Council Member Hobbs, Chairman of the Ways and Means Commit-
tee, presented the minutes of the Ways and Means Committee meet-
ing of January 24, 1983, where the Committee recommended that the
lease of the Meadowbrook Center for the amateur boxing program be
set at a rate of $1.00 annually and that the requirement of the
association committee for excess fire insurance be deleted. The
Committee also recommended that a contribution not to exceed
$2,500 be made to the association committee to allow them to pur-
chase sufficient liability insurance. (23)
Council Member Hernandez made a motion, seconded by Council
Member Castaneda and unanimously carried, that Resolution No.
82-337 be amended to provide for the lease of Meadowbrook Center
facilities for use by Meadowbrook Boxing Program, at a rate of
$1.00 annually, and that the requirement of the association com-
mittee (Meadowbrook Amateur Boxing Academy, Inc.) for excess fire
insurance be deleted.
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Council Member Hernandez made a motion, seconded by Council
Member Castaneda and unanimously carried, that a contribution,
not to exceed $2,500, be made to the Meadowbrook Boxing Academy,
Inc. to purchase sufficient liability insurance for the Meadow-
brook Boxing Program.
LEGISLATIVE REVIEW COMMITTEE REPORT - EARTHQUAKE HAZARD
REDUCTION IN EXISTING BUILDINGS - CONSTRUCTION/ZONING
FOR ATTAINABLE HOUSING
Council Member Strickler, Chairman of the Legislative Review
Committee, presented the Legislative Review Committee minutes of
their January 27, 1983 meeting where the proposed amendment to the
Municipal Code regarding earthquake hazard reduction in existing,
non-reinforced masonry buildings was discussed. The Legislative
Review Committee recommended approval of the proposed amendment
and that the City Attorney prepare the code section for presenta-
tion to the Mayor and Common Council. (24)
Also discussed at the Legislative Review Committee meeting of
January 27, 1983 was the development of conceptual plans for the
provision of attainable housing on smaller than standard code lots
within the City.
Council Member Strickler made a motion, seconded by Council
Member Castaneda, that the City Attorney be directed to prepare
and present an amendment to the San Bernardino Municipal Code,
adding Chapter 15.12 concerning earthquake hazard reduction in
existing buildings.
The motion carried by
Members Castaneda, Reilly,
Council Member Hernandez.
Ayes: Council
Strickler. Noes:
the following vote:
Marks, Quiel, Hobbs,
Absent: None.
Council Member Reilly made a motion, seconded by Council
Member Castaneda and unanimously carried, that the Planning De-
partment be directed to develop and prepare for consideration by
the Legislative Review Committee a proposed policy for construc-
tion/zoning for attainable housing on smaller than standard code
lots within the City.
PARK AND RECREATION COMMISSION REPORT - RENAMING PERRIS
HILL BALLPARK - "FISCALINI FIELD"
In a letter dated January 25, 1983, Marye Miles, Chairman of
the Park and Recreation Commission, stated that a public hearing
was held on January 20, 1983 to hear comments from the public
concerning the renaming of the perris Hill Ballpark to "Fiscalini
Field" in honor of John A. Fiscalini. The Chairman of the Park
and Recreation Commission stated in her letter that there were no
speakers in opposition to the renaming and petitions bearing ap-
proximately 600 signatures in favor of renaming the field were
presented. She further stated that the audience was unanimous
in their response in favor of renaming the field in honor of Mr.
Fascalini. (25)
Council Member Strickler made a motion, seconded by Council
Member Hernandez and unanimously carried, that Perris Hill Ball-
park be renamed Fiscalini Field in conjunction with public senti-
ment expressed at the public hearing conducted by the Park and
Recreation Commission on January 20, 1983.
COUNCIL MEMBER HOBBS EXCUSED
Council Member Hobbs was excused from the Council Meeting.
RESCIND TEMPORARY DINE AND DANCE PERMIT - MICHAEL AND
PAUL GOEHRING - 1353 NORTH "E" STREET - THE GROVE
In a memorandum dated January 21, 1983, Ben Gonzales, Chief
of Police, recommended that the conditional dine and dance permit
of Michael and Paul Goehring, dba The Grove, located at 1353
North "E" Street, be rescinded as the applicants have not complied
with the conditions imposed on the temporary approval of their
application. (26)
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Council Member Castaneda made a motion, seconded by Council
Member Strickler and unanimously carried, that the Mayor and Com-
mon Council schedule a public hearing pursuant to San Bernardino
Municipal Code 5.08.060 to investigate the conduct of the business
known as The Grove, conducted by Michael Goehring and Paul Goehring
at 1353 North "E" Street; to determine if their license should be
revoked; that the hearing be scheduled for February 21, 1983 at
2:30 p.m., that the City Clerk be instructed to notify Michael
Goehring and Paul Goehring of the hearing and of the possibility
that their license may be temporarily suspended or permanently
revoked.
BUSINESS LICENSE RENEWAL DATE CHANGE - COLLECTION AGENCY
A memorandum dated January 20, 1983 was received from Lee
Gagnon, Business License Supervisor, requesting that the Municipal
Code be amended to change the business license renewal date for
Collection Agency from a calendar year to a fiscal year. (27)
Council Member Castaneda made a motion, seconded by Council
Member Strickler and unanimously carried, that the City Attorney
be instructed to prepare the necessary amendment to Municipal
Code Section 5.04.420, Collection Agency, to change the business
license renewal date from a calendar year to a fiscal year basis.
COUNCIL MEMBER HOBBS RETURNED
Council Member Hobbs returned to the Council Meeting and
took his place at the Council Table.
WAIVER OF FRANCHISE PROVISION - FIELD CABLEVISION -
LOCAL OFFICE
Russell Lackner, Chairman of the Community Television Commis-
sion, stated in a memorandum dated January 26, 1983, that the City
Administrator's Office received a request from Field Cablevision
requesting a waiver of their franchise requirement to maintain an
office within the City. The Community Television Commission
Chairman recommended in his memorandum that the waiver be granted
because the subscriber fee does not bear the cost of a local
office. (28)
The Council discussed the need to be able to change their
action if Field Cablevision increases the number of subscribers.
Council Member Marks made a motion that the requirement con-
tained in the City of San Bernardino Municipal Code, Section
14.08.070, Subsection "D", pertaining to the maintenance of an
office within the City be waived for a period of one year with
the understanding that the waiver will be revoked if the City
decides the lack of an office adversely affects the community
subscribers to the Field system, and that the City Attorney be
directed to prepare the necessary documentation to accomplish
said waiver.
City Attorney Prince objected to the language of the motion
stating that "waiver" is not proper terminology.
Council Member Quiel made a substitute motion, seconded by
Council Member Reilly and unanimously carried, that this matter
be continued to Monday, February 21, 1983, in the Council Cham-
bers of City Hall, 300 North "D" Street, San Bernardino, Califor-
nia, and the City Attorney be instructed to draft the appropriate
language.
INSTALLATION OF PARKING SPACES FOR THE HANDICAPPED -
PARKING DISTRICT LOT NO. 1 - BETWEEN FOURTH AND FIFTH
STREETS, "E" AND "F" STREETS
Tom Crawford, Assistant City Administrator, recommended in a
memorandum dated January 26, 1983, that the request from the De-
partment of Public Social Services that eight existing parking
spaces in the northern end of Parking Lot No. 1 be modified to
provide six parking spaces for the handicapped. (29)
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council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda and unanimously carried, that the request of the
San Bernardino County Department of Public Social Services, to
replace eight standard parking spaces with six handicapped parking
spaces in the northern portion of Central City Parking District
Lot No. 1 be approved, subject to the advance payment of all costs
associated with said replacement by either the lessor or lessee of
the property located at the southwest corner of Fifth and "E"
Streets.
SEWER INSTALLATION - WALNUT, MUSCOTT, BELLEVIEW,
CONGRESS AND PICO STREETS - CHANGE ORDER NO. TWO -
MERLIN JOHNSON CONSTRUCTION
In a memorandum dated January 28, 1983, C. Glenn Wilson,
Director of Public Works/City Engineer, recommended that Change
Order No. Two to the contract with Merlin Johnson Construction
for installation of sewers in Walnut, Muscott, Belleview, Congress
and Pico Streets, be approved. The Change Order will authorize
the contractor to adjust the unit price and the quantity of as-
phalt concrete, removal of a steel line, replacement of a cross-
gutter, repair of a sewer lateral and over excavation for debris.
(30)
Council Member Hernandez made a motion, seconded by Council
Member Castaneda and unanimously carried, that Change Order No.
Two to the contract with Merlin Johnson Construction, for the
construction of sanitary sewers in Walnut, Muscott, Belleview,
Congress and pico Streets, in accordance with Plan No. 6150, be
approved; authorizing the contractor to perform the necessary work
at a net increase in the contract price of $17,495.76 from
$75,345.80 to $92,841.56, and on the condition that the payment
for the change order be accepted for full payment on the project.
SEWER CONSTRUCTION - WALNUT, MUSCOTT, BELLEVIEW,
CONGRESS AND PICO STREETS - APPROVAL OF WORK -
MERLIN JOHNSON CONSTRUCTION
C. Glenn Wilson, Director of Public Works/City Engineer,
recommended in a memorandum dated January 28, 1983 approval of
the construction of sewers and appurtenant facilities in portions
of Walnut, Muscott, Belleview, Congress and Pico Streets by Merlin
Johnson Construction. (31)
Council Member Hernandez made a motion, seconded by Council
Member Castaneda and unanimously carried, that the recommendation
be continued to Monday, February 21, 1983, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
MILL CENTER RECREATION FACILITY CONSTRUCTION - CHANGE
ORDER NO. 1 - RONALD ROBERTS AND ASSOCIATES
A memorandum dated January 26, 1983 was received from C.
Glenn Wilson, Director of Public Works/City Engineer, recommend-
ing that Change Order No. 1 to the contract with Ronald Roberts
and Associates for the construction of Mill Center Recreation
Facility, be approved. (32)
Council Member Castaneda made a motion, seconded by Council
Member Marks and unanimously carried, that Change Order No. 1 to
the contract with Ronald Roberts and Associates, for construction
of Mill Recreation Center, in accordance with Plan No. 6221, be
approved for various modifications in the scope of the work, for
a net increase in the contract price of $4,968.90 from $378,000
to $382,968.90.
MIDYEAR BUDGET REVIEW
Council Member Marks made a motion, seconded by Council Mem-
ber Hernandez and unanimously carried, that a midyear budget re-
view be held on Monday, February 14, 1983, at 2:00 p.m., in the
Council Chambers of City Hall, 300 North "D" Street, San Bernar-
dino, California. (33)
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TRAFFIC SIGNAL AND LIGHTING SYSTEM MAINTENANCE -
CHANGE ORDER NO. ONE AND TWO - GRISSOM & JOHNSON
C. Glenn Wilson, Director of Public Works/City Engineer,
recommended in a memorandum dated January 26, 1983, approval of
Change Order No. One and Two to the contract with Grissom &
Johnson, Inc. for the installation of traffic signals, highway
lighting and street improvements at the intersections of Highland
and Del Rosa Avenues, Del Rosa Avenue and Pumalo Street, Base Line
and Windsor Drive-Myrtle Drive, Foothill Boulevard and Macy Street,
Fifth Street and Mt. Vernon Avenue, Mill Street and Mt. Vernon
Avenue, and Orange Show Road and "E" Street. (34)
Council Member Strickler made a motion, seconded by Council
Member Reilly and unanimously carried, that Change Order No. One
to the contract with Grissom & Johnson, Inc., for the installation
of traffic signals, highway lighting and street improvements, in
accordance with Plan No. 6005, authorizing maintenance of existing
traffic signal and lighting systems in effective operation, for an
estimated contract increase of $3,000.00, be approved.
Council Member Strickler made a motion, seconded by Council
Member Reilly and unanimously carried, that Change Order No. Two,
to the contract with Grissom & Johnson, Inc., for the installation
of traffic signals, highway lighting and street improvements, in
accordance with Plan No. 6005, authorizing changing left turn
signal faces to all arrow sections, at a contract cost reduction
of $6,264.00, be approved.
PERRIS HILL BALLPARK IMPROVEMENTS - CHANGE ORDER NO.
TWO - McCURDY CONSTRUCTION COMPANY
In a memorandum dated January 27, 1983, C. Glenn Wilson,
Director of Public Works/City Engineer, recommended that Change
Order No. Two to the contract with McCurdy Construction for the
construction of perris Hill Ballpark improvements be approved.
The Change Order will authorize the contractor to change the
type of overhead doors and increase the length of outside guard
railing. (35)
Council Member Marks made a motion, seconded by Council Mem-
ber Reilly and unanimously carried, that Change Order No. Two to
the contract with McCurdy Construction, for perris Hill Ballpark
improvements, in accordance with Plan No. 6186, be approved; to
direct the contractor to change the type of overhead door to 20
gauge steel, and to extend the guardrail 11 feet, at an increase
in the contract price of $377.56, which will increase the contract
price from $152,572.50 to $152,950.06.
LIONEL E. HUDSON PARK IMPROVEMENTS - CHANGE ORDER NO.
THREE - CHALLENGE ENGINEERING, INC.
C. Glenn Wilson, Director of Public Works/City Engineer,
recommended in a memorandum dated January 25, 1983, approval of
the contract with Challenge Engineering, Inc., for the construc-
tion of Lionel E. Hudson Park (Shandin Hills). The Change Order
will authorize the contractor to install the roof for the pavilion.
(36)
Council Member Marks made a motion, seconded by Council Mem-
ber Reilly and unanimously carried, that Change Order No. Three,
to the contract with Challenge Engineering, Inc. for construction
of Lionel E. Hudson (Shandin Hills) Park, in accordance with Plan
No. 6124, be approved; to authorize the labor for roofing the
pavilion, for a net increase in the contract price of $1,032.00
from $340,640.40 to $341,672.40.
STREET LIGHT INSTALLATION - SOUTHEAST CORNER OF
SHEPHERD LANE AND OLIVE AVENUE - 3036 NEWPORT AVENUE
The Director of Public Works/City Engineer recommended in a
memorandum dated January 27, 1983, that street lights be installed
at the southeast corner of Shepherd Lane and Olive Avenue, and
near the south property line in front of 3036 Newport Avenue. (37)
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council Member Strickler made a motion, seconded by Council
Member Hernandez and unanimously carried, that the installation
of a street light at the southeast corner of Shepherd Lane and
Olive Avenue, as well as in front of 3036 Newport Avenue, be au-
thorized and the Electrical Superintendent directed to arrange
with Southern California Edison for their installation.
RIGHT OF WAY ACQUISITION - HOSPITALITY LANE, BETWEEN
HUNTS LANE AND EAST OF SUNWEST LANE - EMINENT DOMAIN
PROCEEDINGS
In a memorandum dated January 26, 1983, the Director of Public
Works/City Engineer recommended that the City Attorney begin emi-
nent domain proceedings to acquire the necessary right of way to
accommodate construction of Hospitality Lane, from Hunts Lane,
150 feet east of Sunwest Lane. This would complete the remaining
unconstructed portion of Hospitality Lane and would serve to im-
prove traffic circulation in the area. (38)
.
Council Member Hernandez made a motion, seconded by Council
Member Strickler and unanimously carried, that the City Attorney
be authorized and directed to commence eminent domain proceedings
for acquisition of the necessary right of way for construction of
Hospitality Lane, between a point approximately 150 feet east of
Sunwest Lane to Hunts Lane, and that the developer be required to
pay all out-of-pocket costs.
GENERAL PLAN AMENDMENT - SOUTHWEST CORNER OF RANCHO
AVENUE AND MILL STREET
Council Member Hernandez presented a memorandum dated Feb-
ruary 3, 1983 requesting that the City's general plan for the
property located at the southwest corner of Rancho Avenue and
Mill Street be amended by changing the zoning of the area from
residential to commercial. (41)
The Council discussed the need to look at the total area when
considering a general plan amendment.
Council Member Quiel made a motion, seconded by Council Mem-
ber Reilly and unanimously carried, that the request be continued
to Monday, February 21, 1983, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California, to allow
Council Member Hernandez time to come back with a description of
the area involved.
.
WAIVE READINGS - RESOLUTIONS
The City Clerk read the title of all the resolutions on the
agenda.
Council Member Strickler made a motion, seconded by Council
Member Hernandez and unanimously carried, that further reading of
all the resolutions on the agenda be waived.
NEW CENTRAL LIBRARY - PIONEER PARK LOCATION - GREGORY
VILLANUEVA AlA & ASSOCIATES AND J. D. DIFFENBAUGH
A memorandum dated January 28, 1983 was received from C.
Glenn Wilson, Director of Public Works/City Engineer, recommend-
ing that the agreements for professional services with Gregory
Villanueva AlA & Associates, and J. D. Diffenbaugh, relating to
the construction of the new central library in Pioneer Park be
approved. (39)
.
In the background information, the Public Works Director
stated that five proposals for professional services were sub-
mitted in response to the Request for Proposals issued by the
City. At the Council Meeting of December 9, 1982, the Director
of Public Works was authorized to negotiate with the team that
submitted the "Larcon" proposal.
The following are the three firms that presented their pro-
posals and the fees for "design-build" and construction manage-
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ment services. The "design-build" and construction management
method is shown since this is the only one referred to in the
"Larcon" proposal:
1. Huntley Properties - Ralph Allen (15%)
2. "Larcon", Villanueva/Diffenbaugh
3. Joseph E. Bonadiman & Associates
$558,750
$460,000
$358,000
It is proposed by the "Larcon" team that the City enter into
two agreements; one with Gregory Villanueva AIA & Associates for
basic design services, and the second with J. D. Diffenbaugh for
construction management services. The other two members of the
team will have a contractual arrangement with the two that will
enter into agreements with the City.
.
The agreement with Gregory Villanueva AIA & Associates is
for basic design services including the preparation of final con-
struction plans and specifications. Proposed Amendment No. 1 to
this agreement would authorize the architect to provide additional
services consisting of preparation of specifications for interior
furnishing and furniture for an additional fee of $45,000.00.
Included in the City Engineer's letter was a construction costs
breakdown with building costs totaling $4,294,400.00 in the
"Larcon" proposal. A preliminary estimate of cost prepared by
the Engineering Department totaled $5,555,598.00.
The Director of Public Works/City Engineer was present to
answer questions and explained the project costs. The construc-
tion management concept presented by Larcon allows the developer
to "fast track" the project and complete the library within 18
months. The other two proposals would require more time for com-
pletion. Mr. Wilson explained the reasons for the increase of
the contract price. He also explained why the Bonadiman contract
and the Larcon contract could not be compared on an item to item
cost basis due to differences in design and the construction
management services contract.
Mr. Jack Hawkins was present to represent J. D. Diffenbaugh,
the construction manager under the Larcon proposal, and answered
questions of the Council.
.
Mr. Joseph Bonadiman stated that the differences between the
two proposals total approximately $160,000, that interior design
services were figured in the Bonadiman proposal from the begin-
ning and there was a difference in the construction contracts.
The City Engineer answered questions stating that his original
recommendation was for the Council to use the conventional bid
process but the Larcon proposal included the construction manage-
ment approach from the beginning.
Mr. Jack Hawkins of J. D. Diffenbaugh, answered questions
stating that in the construction management approach, the City
controls the bids of all subcontractors.
The City Engineer stated that the key to this issue is
whether or not the construction management will guarantee what
the final costs will be and whether the City will receive the
benefit of any costs savings resulting from the subcontractor
bids.
Mr. Jack Hawkins of J. D. Diffenbaugh, stated that Diffen-
baugh can guarantee what the final project price will be.
.
Council Member Strickler made a motion, seconded by Council
Member Quiel and unanimously carried, that Council Members Reilly,
Marks and Quiel be appointed to a committee to study the library
construction issue and report back to the Mayor and Council on
February 14, 1983.
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REDEVELOPMENT AGENCY - REGULAR MEETING
The Regular Meeting of the Redevelopment Agency was called
to order by Chairman Holcomb in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
The Redevelopment Agency and the Community Development Com-
mission acted upon their agenda items.
COUNCIL MEMBERS HERNANDEZ AND HOBBS EXCUSED
Council Members Hernandez and Hobbs were excused from the
Council Meeting.
RESOLUTION OF THE CITY OF SAN BERNARDINO DESIGNATING
A DESCRIBED AREA AS A SURVEY AREA AND FINDING THAT
SAID AREA REQUIRES STUDY TO DETERMINE IF A REDEVELOP-
MENT PROJECT IS FEASIBLE. (North of the Central City
North and Central City East Project areas, along 1-10
to Highland Avenue and down Waterman Avenue) (Continued
from January 17, 1983)
.
Council Member Reilly made a motion, seconded by Council
Member Castaneda and unanimously carried, that the resolution be
continued to Monday, February 21, 1983, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
COUNCIL MEMBERS HERNANDEZ AND HOBBS RETURNED
Council Members Hernandez and Hobbs returned to the Council
Meeting and took their place at the Council Table.
RES. 83-19 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RES-
OLUTION NO. 81-596 REGARDING AN APPLICATION FOR IN-
DUSTRIAL DEVELOPMENT BOND FINANCING SUBMITTED BY
COMMERCE DEVELOPMENT ASSOCIATES. (320 North "E"
Street)
The City Clerk read the title of the resolution.
Council Member Marks made a motion, seconded by Council Mem-
ber Castaneda and unanimously carried, that further reading of
the resolution be waived and said resolution be adopted.
.
Resolution No. 83-19 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks,
Quiel, Hobbs, Strickler. Noes: None. Absent: None.
RES. 83-20 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AUTHORIZING SUBMISSION OF AN APPLICATION TO THE
STATE OF CALIFORNIA FOR A HISTORIC SURVEY GRANT.
The City Clerk read the title of the resolution.
Council Member Reilly made a motion, seconded by Council
Member Hernandez and unanimously carried, that further reading
of the resolution be waived and said resolution be adopted.
Resolution No. 83-20 was adopted by
Ayes: Council Members Castaneda, Reilly,
Hobbs, Strickler. Noes: None. Absent:
the following vote:
Hernandez, Marks, Quiel,
None.
COUNCIL MEMBER HERNANDEZ EXCUSED
Council Member Hernandez was excused from the Council Meet-
ing.
.
RES. 83-21 - RESOLUTION ADOPTING A HOUSING FINANCE
REVENUE BOND PROGRAM IN COOPERATION WITH THE COUNTY
OF SAN BERNARDINO AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE FOR AND ON BEHALF OF THE CITY A CO-
OPERATIVE AGREEMENT BETWEEN THE COUNTY OF SAN BERNAR-
DINO AND THE CITY.
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The City Clerk read the title of the resolution.
Gary Van Osdel, Executive Director of the Redevelopment
Agency, answered questions stating the resolution will enable
~ the County to finance projects within the City limits.
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. 83-21 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Hobbs,
strickler. Noes: None. Absent: Council Member Hernandez.
COUNCIL MEMBER HERNANDEZ RETURNED
Council Member Hernandez returned to the Council Meeting and
took his place at the Council Table.
RES. 83-22 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT
TO THE DISPOSITION AND JOINT DEVELOPMENT AGREEMENT,
DATED AUGUST 26, 1982, WITH PEACOCK ENTERPRISES, LTD.
(Metcalf School property)
.
The City Clerk read the title of the resolution.
Council Member Hernandez made a motion that the resolution
be continued to Monday, February 21, 1983 in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
Mayor Holcomb suggested that Council Member Hernandez dis-
qualify himself due to a conflict of interest.
Bill Flory, Agency Counsel, stated that Deputy City Attorney
Briggs suggested that the following language be inserted in Line
19 of the first amendment to the disposition and joint development
agreement after the word "homes": "satisfactory to the Executive
Director of the Redevelopment Agency of the City of San Bernar-
dino" .
~
Gary Van Osdel, Executive Director of the Redevelopment
Agency, answered questions of the Council stating that the first
amendment to the disposition and joint development agreement has
been proposed because the original agreement calls for seven
factory built units on the site to be sold to lower income
people. There will be subsidization with Community Development
funds and the disposition and joint development agreement re-
stricts the amount of subsidization. Development costs have in-
creased to the point where the sales price of the units will have
to rise unless Hallmark is willing to carry some costs of the
project or cut the unit price. He explained that it was not his
intent to exclude Hallmark but he is trying to get the City into
a better negotiating posture and get the factory units on a com-
petitive basis so that the City is not locked in with the units.
Council Member Quiel made a motion, seconded by Council Mem-
ber Strickler, that the resolution be amended by interdelineation
as stated by Agency Counsel Bill Flory.
Council Member Hernandez made a substitute motion, seconded
by Council Member Castaneda, that the resolution be continued to
February 21, 1983.
The motion failed by the following vote: Ayes:
Members Castaneda, Hernandez, Marks. Noes: Council
Reilly, Quiel, Hobbs, Strickler. Absent: None.
Council
Members
~
Council Member Quiel made a motion, seconded by Council Mem-
ber Marks, that Line 19 of the resolution be amended by inserting
after the word "homes": "satisfactory to the Redevelopment Agency
of the City of San Bernardino" as the amendment will allow the
Redevelopment Agency to review the units as to their quality and
the amenities they offer.
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The motion carried by
Members Castaneda, Reilly,
Council Member Hernandez.
the following vote:
Marks, Quiel, Hobbs,
Absent: None.
Ayes: Council
Strickler. Noes:
Council Member Quiel made a motion, seconded by Council Mem-
ber Hobbs and unanimously carried, that further reading of the
resolution be waived.
Council Member Quiel made a motion, seconded by Council Mem-
ber Hobbs, that said resolution be adopted as amended.
Resolution No. 83-22 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Hobbs,
Strickler. Noes: Council Member Hernandez. Absent: None.
RES. 83-23 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE
ISSUANCE BY THE CITY OF ITS $2,200,000 LOAN-TO-LENDER
REVENUE BONDS, BANK OF REDLANDS PROJECT, ISSUE OF
1983, AND MAKING CERTAIN DETERMINATIONS RELATING
THERETO. (1175 East Highland Avenue)
.
The City Clerk read the title of the resolution.
Council Member Strickler made a motion, seconded by Council
Member Quiel and unanimously carried, that further reading of the
resolution be waived and said resolution be adopted.
Resolution No. 83-23 was adopted by
Ayes: Council Members Castaneda, Reilly,
Hobbs, Strickler. Noes: None. Absent:
the following vote:
Hernandez, Marks, Quiel,
None.
RES. 83-24 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE
ISSUANCE BY THE CITY OF ITS $1,800,000 INDUSTRIAL
DEVELOPMENT REVENUE BONDS, SERIES 1983 A (METROPOL-
ITAN AUTOMOTIVE WAREHOUSE PROJECT) AND MAKING CER-
TAIN DETERMINATIONS RELATING THERETO.
The City Clerk read the title of the resolution.
.
Council Member Strickler made a motion, seconded by Council
Member Quiel and unanimously carried, that further reading of the
resolution be waived and said resolution be adopted.
Resolution No. 83-24 was adopted by
Ayes: Council Members Castaneda, Reilly,
Hobbs, Strickler. Noes: None. Absent:
the following vote:
Hernandez, Marks, Quiel,
None.
RES. 83-25 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO MAKING CER-
TAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH
A PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY
$1,500,000 PRINCIPAL AMOUNT OF INDUSTRIAL REVENUE
BONDS AND APPROVING CERTAIN DOCUMENTS IN CONNECTION
THEREWITH. (Creative Enterprises, LTD.) (466-468-
470 West Fifth Street)
The City Clerk read the title of the resolution.
Council Member Castaneda made a motion, seconded by Council
Member Marks and unanimously carried, that further reading of the
resolution be waived and said resolution be adopted.
.
Resolution No. 83-25 was adopted by
Ayes: Council Members Castaneda, Reilly,
Hobbs, Strickler. Noes: None. Absent:
the following vote:
Hernandez, Marks, Quiel,
None.
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HIGHLAND CITYHOOD BOUNDARY - PRESENTATION BY SUPERVISOR
McKENNA
County Supervisor David L. McKenna spoke regarding his action
on the Board of Supervisors in initiating incorporation hearings
for the Highland area on the east boundary of the City of San Ber-
nardino. He urged the City to join with the County and the Local
Agency Formation Commission in the negotiations to achieve a
mutually satisfactory decision on the Highland Cityhood issue.
The Mayor and Common Council suggested that Supervisor
McKenna return to the Board of Supervisors and get a rescission
of their action.
RECESS MEETING
At 12:10 p.m., Council Member Reilly made a motion, seconded
by Council Member Quiel and unanimously carried, that the meeting
recess until 2:00 p.m., in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
.
RECONVENE MEETING
At 2:00 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 be-
ing present: Mayor Holcomb; Council Members Castaneda, Reilly,
Marks, Quiel, Hobbs, Strickler; City Attorney Prince, City Clerk
Clark, City Administrator Matzer. Absent: Council Member
Hernandez.
APPEAL HEARING - VARIANCE NO. 82-18 - SOUTH SIDE OF
HOSPITALITY LANE AND WATERMAN AVENUE - McKENZIE -
CONTINUED FROM JANUARY 17, 1983
This is the time and place continued to for a hearing on the
appeal filed by Ronald McKenzie of Heath and Company, on the
Planning Commission's decision of denial of Variance No. 82-18.
The Variance would allow the installation of a sign which exceeds
the maximum area and height requirements of the C-3A Limited
General Commercial zone on property located on the south side of
Hospitality Lane and Waterman Avenue. (65)
.
Mr. Ron McKenzie of 3225 Lacy Street, Los Angeles, represent-
ing Heath Sign Company, stated that he has revised the drawing for
the sign so that the face of each sign is less than 150 square
feet on a pole 55 feet high.
Frank Schuma, Planning Director, answered questions regarding
the letter from Caltrans allowing the trimming of trees along 1-10
for aesthetic purposes.
COUNCIL MEMBER HERNANDEZ ARRIVED
At 2:10 p.m., Council Member Hernandez arrived at the Council
Meeting and took his place at the Council Table.
Mr. Tim O'Donnel of the Heath Sign Company, explained that
the request for additional height was to allow visability of the
sign due to the configuration of the freeway.
Mr. Ron Havis of H. B. Food Services, owner of Barry's Res-
taurant, recommended that the height of the sign be measured at
freeway level instead of ground level because the property sits
18 feet below the freeway.
.
Council Member Hernandez made a motion, seconded by Council
Member Hobbs, that the decision of the Planning Commission be
affirmed.
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The motion failed by the following vote: Ayes: Council
Members Hernandez, Hobbs. Noes: Council Members Castaneda,
tt Reilly, Marks, Quiel, Strickler. Absent: None.
Council Member Reilly made a motion, seconded by Council
Member Strickler, that the decision of the Planning Commission be
reversed; that the sign as presented in the revised plan from
Heath and Company be approved at a height of 55 feet with two
signs on one pole with the understanding that no additional signs
may appear on the structure and not more than 150 square feet of
sign area may advertise any single entity; and that approval be
subject to the findings of fact which will be prepared by the
Planning Director and submitted to the Mayor and Common Council
on Monday, February 14, 1983, at 2:00 p.m., in the Council Cham-
bers of City Hall, 300 North "D" Street, San Bernardino, Califor-
nia.
The motion carried by the following vote: Ayes: Council
Members Castaneda, Reilly, Marks, Quiel, Strickler. Noes: Coun-
cil Members Hernandez, Hobbs. Absent: None.
COUNCIL MEMBER HERNANDEZ EXCUSED
Council Member Hernandez was excused from the Council Meeting.
.
PLANNING COMMISSION REPORT
Frank Schuma, Planning Director, gave the Planning Report
regarding all Planning Commission matters of the meeting of
January 18, 1983. The following recommendation was made:
That the application for Change of Zone No. 82-28,
Richard D. and Jean M. Forney, owner, to change the
land use zoning district from C-l Community Commer-
cial to R-3-3000 Multiple Family Residential for a
rectangularly-shaped parcel of land consisting of
approximately 1.2 acres having a frontage of approxi-
mately 350 feet on the south side of Marshall Boule-
vard and being located approximately 300 feet west
of the center line of Sterling Avenue, be recommended
for approval based on findings of fact. (66)
Council Member Strickler made a motion, seconded by Council
Member Hobbs and unanimously carried, to approve the responses to
comments and to adopt the Negative Declaration which has been re-
viewed and considered.
.
Council Member Strickler made a motion, seconded by Council
Member Hobbs and unanimously carried, that the findings of fact
and the recommendation of the Planning Commission be approved and
the City Attorney be directed to prepare the necessary amendment
to the zoning ordinance.
COUNCIL MEMBER HERNANDEZ RETURNED
Council Member Hernandez returned to the Council Meeting and
took his place at the Council Table.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
TERMINATION OF TIMBER RIGHTS. (1525 East Bonita Vista
Drive) (Continued from January 17, 1983) (43)
.
City Administrator Matzer stated that he had a hydrologist
examine the site at 1525 East Bonita vista Drive to determine
if there would be an erosion problem if the palm trees on the
property were removed. The hydrologist gave an oral opinion
that removal of the palm trees would not cause an erosion
problem.
The City Administrator also stated that he had contacted a
tree supervisor at Norton Air Force Base who stated that the Air
Force Base is not interested in the trees. He contacted two
nurseries and according to one nursery, the palm trees have a
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market value of approximately $82,000 assuming that a market for
them exists and that removal of the trees would cost $132,000.
He added that it has cost the City $22,000 to maintain the prop-
erty.
Council Member Marks made a motion, seconded by Council Mem-
ber Hernandez and unanimously carried, that the City Administrator
be directed to renegotiate the contract with the property owner
for future rights, to take possession of the trees for the debt
forgiveness on the property under the condition that the City
does not expend any funds for maintaining the property during
the renegotiating period.
RES. 83-26 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE
INCLUSION OF PALM AVENUE, BETWEEN 1-215 (FAP 194)
AND CAJON BOULEVARD: AND CAJON BOULEVARD, BETWEEN
PALM AVENUE AND STATE COLLEGE PARKWAY INTO THE
FEDERAL-AID URBAN SYSTEM. (44)
Council Member Hernandez made a motion, seconded by Council
Member Quiel, that said resolution be adopted.
.
Resolution No. 83-26 was adopted by
Ayes: Council Members Castaneda, Reilly,
Hobbs, Strickler. Noes: None. Absent:
the following vote:
Hernandez, Marks, Quiel,
None.
RES. 83-27 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AWARDING A CONTRACT FOR THE FURNISHING AND DE-
LIVERING OF ONE DRY CHEMISTRY PLATE CAMERA AND HEAT
FUSER. (3M COMPANY) (45)
Council Member Quiel made a motion, seconded by Council Mem-
ber Hobbs, that said resolution be adopted.
Resolution No. 83-27 was adopted by
Ayes: Council Members Castaneda, Reilly,
Hobbs, Strickler. Noes: None. Absent:
the following vote:
Hernandez, Marks, Quiel,
None.
Council Member Quiel made a motion, seconded by Council Mem-
ber Hobbs and unanimously carried, that the sum of $11,970 be
transferred from Account No. 01-213-219 (Equipment Reserve) to
Account No. 01-153-823 to cover cost of one plate camera.
.
RES. 83-28 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT RELATING TO COMPUTER EXAMINATION
SCORING SERVICES.
(46)
Council Member Quiel made a motion, seconded by Council Mem-
ber Hobbs, that said resolution be adopted.
Resolution No. 83-28 was adopted by
Ayes: Council Members Castaneda, Reilly,
Hobbs, Strickler. Noes: None. Absent:
the following vote:
Hernandez, Marks, Quiel,
None.
RES. 83-29 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AWARDING A CONTRACT FOR THE FURNISHING AND DE-
LIVERING OF ONE OIL DISTRIBUTOR IN ACCORDANCE WITH
SPECIFICATION NO. F-83-2. (Nixon-Egli Equipment Co.) (47)
Council Member Quiel made a motion, seconded by Council Mem-
ber Hobbs, that said resolution be adopted.
.
Resolution No. 83-29 was adopted by
Ayes: Council Members Castaneda, Reilly,
Hobbs, Strickler. Noes: None. Absent:
the following vote:
Hernandez, Marks, Quiel,
None.
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RES. 83-30 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AWARDING A CONTRACT TO SCC GENERAL CONTRACTOR
FOR CONSTRUCTION OF A RESTROOM/CONCESSION STAND/
STORAGE BUILDING AND AMPHITHEATER LIGHTING AT PERRIS
HILL PARK.
(48)
Council Member Quiel made a motion, seconded by Council Mem-
ber Marks, that said resolution be adopted.
Resolution No. 83-30 was adopted by
Ayes: Council Members Castaneda, Reilly,
Hobbs, Strickler. Noes: None. Absent:
the following vote:
Hernandez, Marks, Quiel,
None.
RES. 83-31 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT
NO. 11842 LOCATED AT THE NORTHWEST CORNER OF IRVING-
TON AVENUE AND PINE AVENUE; ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZ-
ING EXECUTION OF AN AGREEMENT FOR THE IMPROVEMENT
IN SAID SUBDIVISION. (Wilmore City/Drexel, East) (49)
.
Council Member Quiel made a motion, seconded by Council Mem-
ber Marks, that said resolution be adopted.
Resolution No. 83-31 was adopted by
Ayes: Council Members Castaneda, Reilly,
Hobbs, Strickler. Noes: None. Absent:
the following vote:
Hernandez, Marks, Quiel,
None.
RES. 83-32 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
THE OPERATING AGREEMENT FOR THE SECCOMBE LAKE PROJ-
ECT BETWEEN THE CITY OF SAN BERNARDINO AND THE STATE
OF CALIFORNIA. (50)
Council Member Quiel made a motion, seconded by Council Mem-
ber Marks, that said resolution be adopted.
Resolution No. 83-32 was adopted by
Ayes: Council Members Castaneda, Reilly,
Hobbs, Strickler. Noes: None. Absent:
the following vote:
Hernandez, Marks, Quiel,
None.
.
RES. 83-33 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AUTHORIZING THE EXECUTION OF A SUBLEASE WITH
MEADOWBROOK AMATEUR BOXING ACADEMY ORGANIZATION FOR
USE OF MEADOWBROOK RECREATION CENTER FOR THE PURPOSE
OF CONDUCTING A BOXING PROGRAM; AND REPEALING RESO-
LUTION NO. 82-337.
(52)
Council Member Quiel made a motion, seconded by Council Mem-
ber Marks, that said resolution be adopted.
Resolution No. 83-33 was adopted by
Ayes: Council Members Castaneda, Reilly,
Hobbs, Strickler. Noes: None. Absent:
the following vote:
Hernandez, Marks, Quiel,
None.
RES. 83-34 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
MEADOWBROOK AMATEUR BOXING ACADEMY ORGANIZATION RE-
LATING TO FINANCIAL ASSISTANCE TO HELP DEFRAY EX-
PENSES INCURRED IN PROVIDING A BOXING PROGRAM. (53)
Council Member Quiel made a motion, seconded by Council Mem-
ber Marks, that said resolution be adotped.
.
Resolution No. 83-34 was adopted by
Ayes: Council Members Castaneda, Reilly,
Hobbs, Strickler. Noes: None. Absent:
the following vote:
Hernandez, Marks, Quiel,
None.
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RES. 83-35 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING
PETITION AND WAIVER OF PROPERTY OWNERS FOR SPECIAL
ASSESSMENT PROCEEDINGS AND APPROVING BOUNDARY MAP
ATTACHED THERETO AND DIRECTING FILING WITH THE CITY
CLERK AND RECORDING WITH COUNTY RECORDER. (Orange
Show Road and Century Avenue)
(51)
The Director of Public Works/City Engineer answered questions
regarding the ownership of the property stating that the City has
a parcel map which is unrecorded and that Orange Show Plaza Asso-
ciates are in the process of purchasing the property.
Council Member Quiel made a motion, seconded by Council Mem-
ber Strickler, that said resolution be adopted.
Resolution No. 83-35 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Hobbs,
Strickler. Noes: None. Absent: None. Abstain: Council Member
Hernandez.
.
RES. 83-36 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
EUGENE R. HENRIKSEN RELATING TO A POLICE FIREARMS
TRAINING CONSULTANT.
(54)
Council Member Hobbs made a motion, seconded by Council Mem-
ber Quiel, that said resolution be adopted.
Resolution No. 83-36 was adopted by
Ayes: Council Members Castaneda, Reilly,
Hobbs, Strickler. Noes: None. Absent:
the following vote:
Hernandez, Marks, Quiel,
None.
Council Member Hobbs made a motion, seconded by Council Mem-
ber Quiel and unanimously carried, that the contract with Mr.
Eugene R. Henriksen become effective February 14, 1983.
RES. 83-37 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS
BY THE FIRE DEPARTMENT. (56)
Council Member Hobbs made a motion, seconded by Council Mem-
ber Quiel, that said resolution be adopted.
.
Resolution No. 83-37 was adopted by
Ayes: Council Members Castaneda, Reilly,
Hobbs, Strickler. Noes: None. Absent:
the following vote:
Hernandez, Marks, Quiel,
None.
RES. 83-38 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS
BY THE POLICE DEPARTMENT. (57)
Council Member Hobbs made a motion, seconded by Council Mem-
ber Quiel, that said resolution be adopted.
Resolution No. 83-38 was adopted by
Ayes: Council Members Castaneda, Reilly,
Hobbs, Strickler. Noes: None. Absent:
the following vote:
Hernandez, Marks, Quiel,
None.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ-
ING THE EXECUTION OF A LEASE WITH OPERATION SECOND
CHANCE, INCORPORATED RELATING TO THE LEASE OF A POR-
TION OF 1505 WEST HIGHLAND AVENUE, SAN BERNARDINO,
FOR LIBRARY PURPOSES. (55)
~ The Mayor and Common Council discussed the increase in the
lease price from $1,500 to $2,000 per month.
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The City Administrator explained that the matter had been
reviewed by the Ways and Means Committee in February of 1982 but
negotiations had been held up due to claims by the City concern-
ing maintenance of the library.
Council Member Hernandez made a motion, seconded by Council
Member Quiel and unanimously carried, that the resolution be re-
ferred to the Ways and Means Committee.
RES. 83-39 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO ESTABLISHING A COMMITTEE TO BE KNOWN AS THE
MITCHELL SCHOOL SITE ADVISORY COMMITTEE. (58)
Council Member Marks made a motion, seconded by Council Mem-
ber Quiel, that the resolution be amended by interdelineation by
removing the words "residential tenants of the area surrounding
the site" and inserting the words "tenants of the neighborhood
area near the site" and adopted as amended.
Resolution No. 83-39 was adopted by
Ayes: Council Members Castaneda, Reilly,
Hobbs, Strickler. Noes: None. Absent:
the following vote:
Hernandez, Marks, Quiel,
None.
RES. 83-40 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO CREATING THE COUNCIL COMMITTEE ON RELATIONSHIPS
IN UNINCORPORATED TERRITORIES. (59)
.. Council Member Hernandez made a motion, seconded by Council
Member Marks, that a provision be included which will provide a
24 hour notice to the Mayor when meetings are called, and that
said resolution be adopted as amended.
Resolution No. 83-40 was adopted by
Ayes: Council Members Castaneda, Reilly,
Hobbs, Strickler. Noes: None. Absent:
the following vote:
Hernandez, Marks, Quiel,
None.
RES. 83-41 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AUTHORIZING THE EXECUTION OF A JOINT EXERCISE
OF POWERS AGREEMENT BETWEEN THE COUNTY OF SAN BER-
NARDINO AND THE CITY OF SAN BERNARDINO CREATING AN
AGENCY TO BE KNOWN AS THE AUTHORITY FOR A GREATER
SAN BERNARDINO. (60)
.
Council Member Marks made a motion, seconded by Council Mem-
ber Quiel, to add the following at the end of Section 7: "Each
plan of development shall be approved by the Mayor and Common
Council as a condition precedent to any approval required by the
Commission." and to add the following at the end of Section 2:
"In the event revenue bonds are not issued, either party may ter-
minate this agreement by giving the other party a 30 day notice
of such termination."
A lengthy discussion ensued.
Mayor Holcomb explained the importance of adopting this res-
olution.
Council Member Strickler made a motion, seconded by Council
Member Quiel, to move the previous question.
The motion carried by the following vote: Ayes:
Members Reilly, Marks, Quiel, Hobbs, Strickler. Noes:
Members Castaneda, Hernandez. Absent: None.
Council Member Marks made a motion, seconded by Council Mem-
ber Quiel, that the resolution be adopted with the amendments
proposed in the previous motion.
Council
Council
.
Resolution No. 83-41 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Hobbs,
Strickler. Noes: Council Member Hernandez. Absent: None.
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council Member Quiel made a motion, seconded by Council Mem-
ber Strickler, to appoint Mayor Holcomb and Council Member
Strickler to the Authority for a Greater San Bernardino.
Council Member Castaneda made a substitute motion, seconded
by Council Member Hernandez, to appoint Council Member Marks in
place of Council Member Strickler.
Council Member Marks declined the appointment.
Council Member Quiel made a motion, seconded by Council Mem-
ber Strickler, that Ray Fox be appointed as the citizen represen-
tative on the committee.
The motion carried by
Members Castaneda, Reilly,
Council Member Hernandez.
the following vote:
Marks, Quiel, Hobbs,
Absent: None.
Ayes: Council
Strickler. Noes:
Council Member Quiel made a motion, seconded by Council Mem-
ber Marks, that the Mayor and Council Member Strickler be ap-
pointed as the Council's representative on the committee.
.
The motion carried by the following vote:
Members Reilly, Marks, Quiel, Hobbs, Strickler.
Members Castaneda, Hernandez. Absent: None.
Ayes:
Noes:
Council
Council
RES. 83-42 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO APPOINTING ELECTION OFFICERS AND DESIGNATING
POLLING PLACES PURSUANT TO SECTION 2.56.110 OF THE
SAN BERNARDINO MUNICIPAL CODE FOR THE PRIMARY MUNI-
CIPAL ELECTION TO BE HELD MARCH 8, 1983. (61)
Council Member Marks made a motion, seconded by Council Mem-
ber Reilly, that said resolution be adopted.
Resolution No. 83-42 was adopted by
Ayes: Council Members Castaneda, Reilly,
Hobbs, Strickler. Noes: None. Absent:
the following vote:
Hernandez, Marks, Quiel,
None.
.
RECONSIDER PREVIOUS ACTION - LEASE - OPERATION SECOND
CHANCE, INC. - 1505 WEST HIGHLAND AVENUE
Council Member Marks made a motion, seconded by Council Mem-
ber Strickler, that the action referring the proposed lease with
Operation Second Chance, Inc. for a portion of 1505 West Highland
Avenue for library purposes, be reconsidered. (55)
The motion carried by
Members Castaneda, Reilly,
Council Member Hernandez.
the following vote:
Marks, Quiel, Hobbs,
Absent: None.
Ayes: Council
Strickler. Noes:
Steve Whitney, City Librarian, stated that the original
lease with Operation Second Chance for the Dorothy Inghram
Library is tied to the Consumer Price Index but the Library Board
felt that the rent required by this provision is in excess to
what the library system could afford to pay, therefore this lease
was the result of the negotiations.
RES. 83-43 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AUTHORIZING THE EXECUTION OF A LEASE WITH
OPERATION SECOND CHANCE, INCORPORATED RELATING TO
THE LEASE OF A PORTION OF 1505 WEST HIGHLAND AVE-
NUE, SAN BERNARDINO, FOR LIBRARY PURPOSES.
.
Council Member Quiel made a motion, seconded by Council Mem-
ber Hobbs, that said resolution be adopted.
Resolution No. 83-43 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Hobbs,
Strickler. Noes: None. Absent: None. Abstain: Council Mem-
ber Hernandez.
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WAIVE READINGS - ORDINANCES
The City Clerk read the titles of all the ordinances on the
4t agenda.
Council Member Strickler made a motion, seconded by Council
Member Reilly and unanimously carried, that the first and final
readings of all the ordinances on the agenda be waived.
ORD. MC-250 - ORDINANCE OF THE CITY OF SAN BERNAR-
DINO WHEREBY SAID CITY ELECTS TO AVAIL ITSELF OF
THE PROVISIONS OF ARTICLE 2 OF CHAPTER 1 OF DIVI-
SION 4 OF TITLE 4 OF THE CALIFORNIA GOVERNMENT CODE
PERTAINING TO THE LEVY AND COLLECTION OF PROPERTY
TAXES; AND DECLARING ITS URGENCY.
FINAL
(62)
Council Member Quiel made a motion, seconded by Council Mem-
ber Strickler, that said ordinance be adopted as an urgency
measure.
Ordinance MC-250 was adopted by the following vote: Ayes:
Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs,
Strickler. Noes: None. Absent: None.
.
COUNCIL MEMBER HOBBS EXCUSED
Council Member Hobbs was excused from the Council Meeting.
ORD. MC-251 - ORDINANCE REZONING A CERTAIN PARCEL FINAL
OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS
INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF
THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 82-
24, GENERALLY DESCRIBED AS A RECTANGULARLY-SHAPED
PARCEL OF LAND CONSISTING OF APPROXIMATELY 57.8 ACRES
LOCATED ON THE SOUTH SIDE OF MILL STREET BETWEEN
EUCALYPTUS AVENUE AND PEPPER AVENUE) . (63)
Council Member Castaneda made a motion, seconded by Council
Member Reilly, that said ordinance be adopted.
Ordinance MC-251 was adopted by the following vote: Ayes:
Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Strickler. Noes: None. Absent: Council Member Hobbs.
.
GENERAL REPORTS AND CORRESPONDENCE
Council Member Strickler made a motion, seconded by Council
Member Castaneda and unanimously carried, that the following items
be filed: (64)
a. Civil Service Eligibility Lists for:
Fire Captain - Department Promotional
Senior Field Engineer - Open and Promotional
Recreation Leader - Open
b. City Treasurer's Report on Interest Gained for
the Second Fiscal Quarter.
c. Application of Southern California Gas Company and
Pacific Lighting Gas Supply Company before the
Public Utilities Commission of the State of Cali-
fornia to include in rate base, the costs associ-
ated with the Liquefied Natural Gas Project, and
to increase rates to reflect such rate base
treatment.
.
d. Notice of Pacific Telephone rate increase applica-
tion and public hearings regarding rate increase
by approximately $820 million per year.
e. Five alcoholic beverage control applications for the
following new and transferred licenses:
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2/7/83
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.
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New
Ruth!'::" Damato
180-182 South
Mt. Vernon Avenue
On Sale
General
Mazen A. Bahu dba
Bahu's Market
3981 Sierra Way
Off Sale
Beer & Wine
Transferred
Thrifty Corporation dba
Thrifty Drugs
175 East 40th
Street
Off Sale
General
Jawad S. Abdeljawad &
Anis D. Awad dba The
Mini-Mart
180 West Rialto
Avenue
Off Sale
Beer & Wine
Alpha Beta Company
541 West Marshall
Boulevard
Off Sale
General
COUNCIL MEMBER HOBBS RETURNED
Council Member Hobbs returned to the Council Meeting and
took his place at the Council Table.
.
LEFT TURN PROHIBITATION - FROM KENDALL DRIVE ONTO
ARROWHEAD AVENUE
Council Member Strickler stated in a memorandum dated Feb-
ruary 4, 1983 that citizens in the neighborhood of Arrowhead Ave-
nue, Thompson Place and "E" Street presented a petition to the
City requesting action be taken to implement appropriate traffic
controls to slow vehicular traffic on Kendall Drive onto Arrow-
head Avenue, which is a sharp left turn. Council Member Strickler
recommended in his memorandum that action be initiated resulting
in precluding a left turn from Kendall Drive onto Arrowhead Ave-
nue. (Sl)
Council Member Strickler made a motion, seconded by Council
Member Reilly and unanimously carried, that after viewing all the
facts presented, and also in concurrence with the Police Depart-
ment's letter dated Feburary 1, 1983, it is recommended that
Arrowhead Avenue not be closed at Kendall Drive; however, that
the California Division of Highways be requested to install a
painted traffic island on Kendall Drive, in order to prohibit
left turns from Kendall Drive onto Arrowhead Avenue, and that
appropriate signs be placed as necessary.
. SWAP MEET - FIFTH AND GARNER STREETS - CITY PROPERTY -
OUR LADY OF GUADALUPE CHURCH
In a letter dated January 28, 1983, Reverend Peter Luque,
Pastor of Our Lady of Guadalupe Church, requested permission to
hold a swap meet on City property located at Fifth and Garner
Streets on February 12, 1983. He stated in his memorandum that
the swap meet is a fundraiser to help them meet some of the parish
expenses. (S2)
Council Member Hernandez made a motion, seconded by Council
Member Castaneda and unanimously carried, that the request of
Our Lady of Guadalupe Church to hold a swap meet on City owned
property on Saturday, February 12, 1983, from 8:00 a.m. to 4:00
p.m., be approved, subject to the following conditions:
1. That the swap meet be held in the area immediately
west of Garner Avenue as outlined on the submitted
map.
.
2. That Our Lady of Guadalupe Church submit proof of
liability insurance in the amount of $250,000.
COUNCIL MEMBER HERNANDEZ EXCUSED
Council Member Hernandez was excused from the Council Meeting.
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2/7/83
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.
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CONTRACT - ROBERT M. EPLER COMPANY - REVISING CITY
HEALTH AND LIFE INSURANCE COVERAGE
Joe Canton, Director of Personnel, requested in a memorandum
dated February 1, 1983, that the employment of a consultant be
authorized for preparation of specifications for going to bid and
to assist in analyzing the bids received for the self-funded Blue
Cross Health and Life Insurance Administration. (S3)
Council Member Castaneda made a motion, seconded by Council
Member Marks and unanimously carried, that the City Attorney be
directed to prepare a contract with Robert M. Epler Company, Inc.
for professional services in connection with the seeking of bids
for revised health and life insurance coverage for City employees.
COUNCIL MEMBER HERNANDEZ RETURNED
Council Member Hernandez returned to the Council Meeting and
took his place at the Council Table.
COUNCIL MEMBER HOBBS EXCUSED
Council Member Hobbs was excused from the Council Meeting.
.
WAIVE READINGS - RESOLUTIONS
The City Clerk read the titles of the three resolutions on the
Supplemental Agenda.
Council Member Quiel made a motion, seconded by Council Mem-
ber Reilly and unanimously carried, that further reading of the
tnree resolutions on the Supplemental Agenda be waived.
COUNCIL MEMBER HOBBS RETURNED
Council Member Hobbs returned to the Council Meeting and took
his place at the Council Table.
RES. 83-44 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
THE COUNTY OF SAN BERNARDINO WHICH PROVIDES THAT THE
CITY AGREES TO HOLD HARMLESS THE COUNTY FROM LIABIL-
ITY FOR SERVICES REQUIRED BY COUNTY ACTIONS IN EN-
FORCING THE CITY VENEREAL ORDINANCE. (S4)
Council Member Quiel made a motion, seconded by Council Mem-
ber Strickler, that said resolution be adopted.
.
Resolution No. 83-44 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Quiel, Hobbs,
Strickler. Noes: None. Absent: None. Abstain: Council Member
Marks.
RES. 83-45 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AMENDING RESOLUTION NO. 2482 ENTITLED IN PART
"A RESOLUTION. . .DESIGNATING CERTAIN STREET INTER-
SECTIONS WHERE A STOP IS REQUIRED. . ."; AND AU-
THORIZING THE INSTALLATION OF A STOP SIGN ON CREEK-
SIDE DRIVE AT FORTY-EIGHTH STREET. (55)
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda, that said resolution be adopted.
Resolution No. 83-45 was adopted by
Ayes: Council Members Castaneda, Reilly,
Hobbs, Strickler. Noes: None. Absent:
the following vote:
Hernandez, Marks, Quiel,
None.
,
COUNCIL MEMBERS HERNANDEZ AND HOBBS EXCUSED
Council Members Hernandez and Hobbs were excused from the
Council Meeting.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA PROVIDING FOR THE
ISSUANCE OF CITY OF SAN BERNARDINO SEWER REVENUE RE-
FUNDING BONDS. (S7)
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2/7/83
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.
.
Council Member Quiel made a motion, seconded by Council Mem-
ber Marks and unanimously carried, that the resolution be con-
tinued to Monday, February 14, 1983, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
COUNCIL MEMBERS HERNANDEZ AND HOBBS RETURNED
Council Members Hernandez and Hobbs returned to the Council
Meeting and took their place at the Council Table.
OPPOSITION TO DRINKING ESTABLISHMENT IN RESIDENTIAL
NEIGHBORHOOD - 180-182 SOUTH MT. VERNON AVENUE
In a memorandum dated February 4, 1983, Council Member
Hernandez stated that he has received opposition from citizens
in the neighborhood of 180 South Mt. Vernon Avenue to the request
from the business at 180-182 South Mt. Vernon Avenue for an Alco-
holic Beverage Control license. Council Member Hernandez is re-
questing in his memorandum that the Council indicate opposition
to the State Alcoholic Beverage Control issuing a license for
operation of a liquor dispensing establishment at that location.
(S6)
Mayor Holcomb suggested that the City use the conditional
use permit process to regulate on-sale liquor establishments.
~ The Mayor and Common Council discussed types of businesses
on Mt. Vernon Avenue.
Council Member Hernandez made a motion, seconded by Council
Member Reilly, to instruct the City Planning Director to write to
the Alcoholic Beverage Control Board setting forth any and all
adverse problems that the Planning Director can ascertain as far
as allowing a liquor license at this location.
The motion carried by the following vote: Ayes: Council
Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler.
Noes: Council Member Hobbs. Absent: None.
REAPPOINTMENT - VINCENT - PLANNING COMMISSION
Mayor Holcomb reappointed Patricia A. Vincent
21st Street, to serve on the Planning Commission.
of 791 East
(S8)
Council Member Quiel made a motion, seconded by Council Mem-
ber Marks and unanimously carried, that the reappointment be con-
firmed.
.
COUNCIL MEMBERS HERNANDEZ AND HOBBS EXCUSED
Council Members Hernandez and Hobbs were excused from the
Council Meeting.
APPOINTMENT - COOLEY - FIRE COMMISSION
Pursuant to the recommendation of Council Member Reilly,
Mayor Holcomb appointed Mr. Robert O. Cooley of 315 West 18th
Street, to serve as a member on the Fire Commission.
Council Member Quiel made a motion, seconded by Council Mem-
ber Strickler and unanimously carried, that the appointment be
confirmed.
COUNCIL MEMBERS HERNANDEZ AND HOBBS RETURNED
Council Members Hernandez and Hobbs returned to the Council
Meeting and took their place at the Council Table.
.
APPOINTMENT - GARCIA - POLICE COMMISSION
Pursuant to the recommendation of Council Member Castaneda,
Mayor Holcomb appointed Mrs. Emilia Garcia of 1124 West Fifth
Street, to serve as a member on the Police Commission.
Council Member Castaneda made a motion, seconded by Council
Member Reilly and unanimously carried, that the appointment be
confirmed.
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2/7/83
.
.
.
COUNCIL MEMBER HOBBS EXCUSED
Council Member Hobbs was excused from the Council Meeting.
APPOINTMENT - CHANDLER - ANIMAL ADVISORY COMMISSION
Mayor Holcomb appointed Dr. Harold Chandler of 5424 North
Prado Court, to serve as a member on the Animal Advisory Commis-
sion.
Council Member Quiel made a motion, seconded by Council Mem-
ber Reilly and unanimously carried, that the appointment be con-
firmed.
COUNCIL MEMBER HOBBS RETURNED
Council Member Hobbs returned to the Council Meeting and
took his place at the Council Table.
APPOINTMENT - MARKS - ADVISORY COUNCIL TO THE AUTHORITY
FOR THE HANDICAPPED
Council Member Hernandez made a motion, seconded by Council
Member Quiel and unanimously carried, that Council Member Steve
Marks be appointed to serve as a member on the Advisory Council
to the Authority for the Handicapped.
.
COUNCIL MEMBERS CASTANEDA AND HERNANDEZ EXCUSED
Council Members Castaneda and Hernandez were excused from
the Council Meeting.
RECONSIDER PREVIOUS ACTION - APPOINTMENT OF ELECTION
OFFICERS, DESIGNATION OF POLLING PLACES
Council Member Hobbs made a motion, seconded by Council Mem-
ber Marks and unanimously carried, that the action adopting Reso-
lution No. 83-42 appointing election officers and designating
polling places for the Primary Municipal Election on March 8,
1983, be reconsidered. (61)
The City Clerk answered questions regarding the criteria for
locating polling places.
No further action was taken.
.
RECESS MEETING - CLOSED SESSION
At 3:20 p.m., the Regular Meeting of the Mayor and Common
Council of the City of San Bernardino recessed for a Closed Ses-
sion for discussion on pending litigation. (42)
CLOSED SESSION
The Closed Session of the Mayor and Common Council of the
City of San Bernardino was called to order by Mayor Holcomb in
the Conference Room of 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 be-
ing present: Mayor Holcomb; Council Members Castaneda, Reilly,
Hernandez, Marks, Quiel, Hobbs, Strickler; City Attorney Prince,
City Clerk Clark, City Administrator Matzer. Absent: None.
Also present were Allen Briggs, Assistant City Attorney, and
Ray Schweitzer, Deputy City Administrator.
.
ADJOURN EXECUTIVE SESSION
At 4:55 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 4:55 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.
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.
.
.
ROLL CALL
Roll Call was taken by the City Clerk with the following be-
ing present: Mayor Holcomb; Council Members Castaneda, Reilly,
Hernandez, Marks, Quiel, Strickler; City Attorney Prince, City
Clerk Clark, City Administrator Matzer. Absent: council Member
Hobbs.
COUNCIL MEMBER HERNANDEZ EXCUSED
Council Member Hernandez was excused from the Council Meeting.
RES. 83-46 - RESOLUTION RATIFYING DIRECTIVE OF MAYOR
AND COMMON COUNCIL TO REAL PROPERTY SECTION TO SELL
CERTAIN PROPERTY, RATIFYING ESTABLISHMENT OF MINIMUM
PRICE FOR SUCH PROPERTY, RATIFYING AND APPROVING
FORM OF SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
RATIFYING AND APPROVING METHOD OF AWARDING BID, AND
CONFIRMING SALE OF REAL ESTATE. (Fourth Street, be-
tween "D" Street and Arrowhead Avenue)
The City Clerk read the title of the resolution.
.
Council Member Quiel made a motion, seconded by Council Mem-
ber Strickler and unanimously carried, that further reading of the
resolution be waived and said resolution be adopted.
Resolution No. 83-46 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Strickler.
Noes: None. Absent: Council Members Hernandez, Hobbs.
COUNCIL MEMBER HERNANDEZ RETURNED
Council Member Hernandez returned to the Council Meeting and
took his place at the Council Table.
DEVELOPMENT OF COURT AND "E" STREET PROPERTY -
DOMINGUEZ VS. THE CITY OF SAN BERNARDINO
Mayor Holcomb stated that one of the items discussed in the
Closed Session was the development of the Court and "E" Street
property.
.
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda and unanimously carried, that Agency Counsel Bill
Flory be instructed to write to Mr. Frank Dominguez's attorney to
ask Mr. Dominguez to submit in writing any plans or offers he
wants to submit concerning the Court and "E" Street property and
that his offer come before the Council on February 14, 1983, at
2:00 p.m., in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
ADJOURN MEETING
At 4:57 p.m., Council Member Strickler made a motion,
seconded by Council Member Quiel and unanimously carried, that
the meeting adjourn to Monday, February 14, 1983, at 2:00 p.m.,
in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
City Clerk
Approved the 21st of February, 1983.
. Mayor of the City of San Bernardino
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