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HomeMy WebLinkAbout04-04-1983 Minutes . . City of San Bernardino, California . April 4, 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, April 4, 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 Chaplain Payson Gregory of the San Bernardino County Medical Center. 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 Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. . PRESENTATION - TOURNAMENT OF ROSES TROPHY Ray Rucker, former Chairman of the Tournament of Roses Com- mittee, introduced representatives from the Tournament of Roses Committee. RESOLUTION OF COMMENDATION - EXCHANGE CLUB Dave Light, Executive Assistant to the Mayor, read a resolu- tion commending the Exchange Club of the City of San Bernardino. Council Member Castaneda made a motion, seconded by Council Member Marks and unanimously carried, that the resolution be ap- proved. The resolution was accepted by Dick Sterns, Daryl Gunn, Ed Heil and Bob McBay. AMBASSADORSHIP OF GOODWILL - VANDER WOUDE Mayor Holcomb presented an Ambassadorship of Goodwill and a Key to the City charm bracelet to Theresa Vander Woude, Miss San Bernardino of 1982. . Miss Vander Woude accepted the Ambassadorship of Goodwill and the Key to the City charm bracelet. MISS SAN BERNARDINO OF 1983 - LAMB Dave Light, Executive Assistant to the Mayor, introduced Miss Kim Lamb, Miss San Bernardino of 1983, and presented to her an Ambassadorship Certificate. PROCLAMATION - BOYS' CLUB WEEK - APRIL 10-17, 1983 Dave Light, Executive Assistant to the Mayor, read a procla- mation of the Mayor of the City of San Bernardino, proclaiming the week of April 10-17, 1983 as BOys' Club Week in the City of San Bernardino. Robert Coons, Executive Director, and Ken Ford, Education Director, were present to accept the proclamation. . RESOLUTION OF COMMENDATION - BROTHERS Dave Light, Executive Assistant to the Mayor, read a resolu- tion commending William C. Brothers, former Executive Director of San Bernardino Valley Humane Society. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the resolution be approved. . . The resolution was accepted by William Brothers. . DISABILITY RETIREMENT - MASSEY - POLICE DEPARTMENT A memorandum dated March 21, 1983 was received from Ronald Solheim, Acting Risk Management Coordinator, recommending that the City Administrator file notice with the Public Employees Re- tirement System stating that Michael E. Massey is permanently in- capacitated from continuing his duties as a pOlice officer. (2) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the Mayor and Common Council hereby find Michael E. Massey to be incapacitated for the performance of his duties as a Police Officer, and that this find- ing be certified to the Public Employees Retirement System, as provided in Section 21025 of the Government Code, together with a request that Mr. Massey be placed on disability retirement. COUNCIL PERSONNEL COMMITTEE REPORT - REQUEST TO FILL POSITIONS - ELIGIBILITY LISTS - PERSONNEL ACTIONS Council Member Hobbs, Chairman of the Council Personnel Com- mittee, presented the Council Personnel Committee minutes of their meeting held on March 25, 1983, where the following items were discussed: (3) . The Committee reviewed and recommended approval of the requests to fill positions of Account Clerk I - Finance Department; Junior Typist Clerk - Police Department. Personnel actions for the following departments: Human Services, Police Department. Approval of the current eligibility list for Public Buildings - Maintenance Plumber. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the report from the Council Personnel Committee be filed. CLAIMS AND PAYROLL Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, to approve demands against the City and authorize the issuance of warrants as follows: (4) . 1. Approve the register of demands dated: March 14, 1983 March 21, 1983 #82/83 #82/83 $521,161.35 $821,843.26 2. Approve the supplement to the total gross pay- roll for the period February 7, 1983 through February 20, 1983, in the amount of $147.64. 3. Approve the total gross payroll for the period February 21, 1983 through March 6, 1983, in the amount of $972,286.59. PERSONNEL ACTIONS Council Member Strickler made a motion, seconded by Council Member Marks 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 ap- proved and ratified as follows: (5) APPOINTMENTS . Human Services Department Tina J. Groves - Intermediate Typist Clerk Effective April 5, 1983 - 2 - 4/4/83 . . . Police Department Katherine J. Johnson - Junior Typist Clerk Effective April 5, 1983 PROMOTIONAL APPOINTMENTS Fire Department Terry L. Beverlin - Fire Fighter to Engineer Effective April 8, 1983 Donald C. Boyce - Engineer to Captain Effective April 8, 1983 Jim W. Knight Jr. - Captain to Drillmaster Effective April 8, 1983 COUNCIL MINUTES - MARCH 24, 1983 Council Member Marks made a motion, seconded by Council Mem- ber Reilly 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 24th of March, 1983, be continued to Mon- day, April 18, 1983, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (1) . INSURANCE BROKERS SELECTION - CONTINUED FROM MARCH 24, 1983 This is the time and place continued to for a selection of insurance brokers for fire, liability, helicopter, boiler and machinery for the City of San Bernardino. (7) A memorandum dated March 29, 1983 was received from Ronald Solheim, Acting Risk Management Coordinator, requesting authori- zation to finalize agreements with Robert F. Driver Company and Caldwell & Hunt Insurance Brokers, Inc., to provide the City's insurance coverage for the period of April 1, 1983 to March 31, 1984. Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the City Adminis- trator and Risk Manager be authorized to finalize insurance agreement with the Caldwell & Hunt Insurance Brokers, Inc., to provide public liability insurance of $25,000,000 to cover the period of April 1, 1983 to March 31, 1984. . Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the City Adminis- trator and Risk Manager be authorized to finalize insurance agreement with the Caldwell & Hunt Insurance Brokers, Inc., to provide helicopter liability insurance of $10,000,000 to cover the period of April 1, 1983 to March 31, 1984. Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the City Adminis- trator and Risk Manager be authorized to finalize insurance agreement with the Caldwell & Hunt Insurance Brokers, Inc., to provide helipad liability insurance of $10,000,000 to cover the period of April 1, 1983 to March 31, 1984. Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the City Adminis- trator and Risk Manager be authorized to finalize insurance agreement with the Robert F. Driver Company, to provide property insurance (fire-comprehensive and earthquake) of $30,000,000 to cover the period of April 1, 1983 to March 31, 1984. . Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the City Adminis- trator and Risk Manager be authorized to finalize insurance agreement with the Robert F. Driver Company to provide boiler and machinery insurance of $3,000,000 to cover the period of April 1, 1983 to March 31, 1984. - 3 - 4/4/83 . . . Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the Risk Manager be authorized to finalize insurance agreement with the Robert F. Driver Company to provide special event liability insurance of $1,000,000 per event, to cover the period of April 1, 1983 to March 31, 1984; and that the Risk Management Division be desig- nated to collect the required fee and issue the certificate of coverage for each special event as required. REVIEW - COMPLIANCE OF CONDITIONS OF APPROVAL - CONDI- TIONAL USE PERMIT NO. 82-26 - GREYHOUND BUS TERMINAL - SOUTHWEST CORNER OF SIXTH AND "G" STREETS - CONTINUED FROM MARCH 24, 1983 This is the time and place continued to for a review of con- ditions granted to Greyhound under Conditional Use Permit No. 82- 26 allowing a temporary Greyhound Bus Terminal at the southwest corner of Sixth Street and "G" Street. The Planning Director has stated that the modified conditions have not been satisfied. At the Council Meeting of March 24, 1983, the applicant was given until this meeting time to prepare a schedule for completion of conditions of approval. (9) . A memorandum dated April 4, 1983 was received from Frank Schuma, Planning Director, stating that Greyhound Bus Lines has submitted a tentative schedule for completion of all improvements required under Conditional Use Permit No. 82-26, which should be by April 30, 1983. The Planning Director recommended in his memo- randum that the proposed schedule of improvements submitted by Greyhound Bus Lines be accepted. Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the Mayor and Common Council accept the proposed schedule of improvements sub- mitted by Greyhound Bus Lines in their letter dated March 30, 1983, and terminate further public hearings on Conditional Use Permit No. 82-26. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly was excused from the Council Meeting. . RES. 83-99 - RESOLUTION AUTHORIZING AND DIRECTING CITY ATTORNEY TO INSTITUTE ACTION TO TERMINATE AGREEMENT OR ARRANGEMENT WITH NATIONAL PLAN COOR- DINATORS, INC., TO SERVE AS ADMINISTRATOR OR AD- MINISTRATOR/COORDINATOR OF CITY'S DEFERRED COMPEN- SATION PLAN. (10) The City Clerk read the title of the resolution. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-99 was adopted by the following vote: Ayes: Council Members Castaneda, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: Council Member Reilly. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. RES. 83-100 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT TO BOB BRITTON INCORPORATED FOR PATTON PARK SOUTH IMPROVEMENTS - PHASE I, AND APPROVING CONTRACT CHANGE ORDER NO. ONE. (11) . The City Clerk read the title of the resolution. - 4 - 4/4/83 . . Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that further reading of the It resolution be waived and said resolution be adopted. Resolution No. 83-100 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. PARKING SPACE CONSTRUCTION - "J" BUILDING - NORTHWEST CORNER OF "E" STREET AND COURT STREET In a memorandum dated March 25, 1983, Roger Hardgrave, Director of Public Works/City Engineer, recommended that the plans for construction of parking spaces in the "J" Building, located at the northwest corner of "E" Street and Court Street, be approved and requested authorization to advertise for bids. (12) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the request be con- tinued to Monday, April 18, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. It CONSTRUCTION - DEL VALLEJO JUNIOR HIGH SCHOOL Roger Hardgrave, Director of Public Works/City Engineer, recommended in a memorandum dated March 25, 1983, that the plans for construction of a stairway and announcer's booth at Del Vallejo Junior High School be approved and requested authoriza- tion to advertise for bids. (13) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the plans for construc- tion of a stairway and announcer's booth at Del Vallejo Junior High School site, in accordance with Plan No. 6353, be approved; and the Director of Public Works/City Engineer authorized to ad- vertise for bids. MILL RECREATION CENTER CONSTRUCTION - RONALD ROBERTS AND ASSOCIATES - CHANGE ORDER NO. THREE The Director of PUblic Works/City Engineer recommended in a memorandum dated March 25, 1983, that Change Order No. Three to the contract with Ronald Roberts and Associates, for the construc- tion of Mill Recreation Center be approved. The Change Order will authorize the contractor to construct concrete drain openings in the sidewalk area. (14) ~ Council Member Castaneda made a motion, seconded by Council Member Quiel and unanimously carried, that Change Order No. Three to the contract with Ronald Roberts and Associates, for construc- tion of Mill Recreation Center, in accordance with Plan No. 6221, be approved; to authorize the contractor to construct two con- crete drain openings, for a net increase in the contract price of $276.00, from $383,267.90 to $383,543.90. STURGES AUDITORIUM PARKING LOT CONSTRUCTION - FISHER'S GRADING & EXCAVATING - CHANGE ORDER NO. ONE A memorandum dated March 24, 1983 was received from the Director of Public Works/City Engineer recommending that Change Order No. One to the contract with Fisher's Grading and Excavat- ing for the construction of a parking lot for Sturges Auditorium, be approved. The Change Order will authorize the contractor to remove existing foundations that are in conflict with underground electrical service to be installed. (15) . Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that Change Order No. One to the contract with Fisher's Grading and Excavating for con- struction of a parking lot for Sturges Auditorium, in accordance with Plan No. 6247, be approved; to authorize the necessary work to remove the foundations in conflict with the underground - 5 - 4/4/83 . . . electrical service construction to be done under this contract, for a net increase in the contract price of $406.08, from $49,011.50 to $49,417.58. MILL RECREATION CENTER WIRING - RONALD ROBERTS AND ASSOCIATES - CHANGE ORDER NO. TWO Roger Hardgrave, Director of Public Works/City Engineer, recommended in a memorandum dated March 22, 1983, that Change Order No. Two to the contract with Ronald Roberts and Associates, for the construction of Mill Recreation Center, be approved. The Change Order will authorize the contractor to repair electrical wiring to the old garage building. (16) Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that Change Order No. Two to the contract with Ronald Roberts and Associates for construct- tion of the Mill Recreation Center, in accordance with Plan No. 6221, be approved; to authorize the necessary work to repair the damage to the wiring for the old garage building, for a net in- crease in the contract price of $299.00, from $382,968.90 to $383,267.90. . COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. ELECTION RESULTS - DECERTIFICATION/RECOGNITION - GENERAL EMPLOYEES BARGAINING UNIT A memorandum dated March 28, 1983 was received from Joe C. Canton, Director of Personnel, recommending that the election re- sults on the decertification/recognition question between AFSCME, Local 122 and IEEA, as submitted by the City Clerk, be received and filed. (18) Council Member Castaneda made a motion, seconded by Council Member Hernandez and unanimously carried, that receipt of the City Clerk's election results be acknowledged and the AFSCME, Local 122, AFL-CIO be certified as the General Employees exclu- sive bargaining unit agent. COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and took his place at the Council Table. . WAIVE READINGS - RESOLUTIONS The City Clerk read the titles of all the resolutions on the agenda. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of all the resolutions on the agenda be waived. RES. 83-101 - 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 GENERAL MUNI- CIPAL ELECTION TO BE HELD MAY 3, 1983. (19) Council Member Castaneda made a motion, seconded by Council Member Hobbs, that said resolution be adopted. Resolution No. 83-101 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. . RES. 83-102 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SMURFIT DIAMOND INTERNATIONAL CORPORATION RELATING TO ELECTION SUPPLIES AND SERVICES FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON MAY 3, 1983. (20) - 6 - 4/4/83 . . Council Member Castaneda made a motion, seconded by Council Member Hobbs, that said resolution be adopted. .. Resolution No. 83-102 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. RES. 83-103 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO PERMIT THE COUNTY REGISTRAR OF VOTERS TO RENDER SERVICES TO THE CITY OF SAN BER- NARDINO RELATING TO A MUNICIPAL ELECTION TO BE HELD ON MAY 3, 1983. (21) Council Member Castaneda made a motion, seconded by Council Member Hobbs, that said resolution be adopted. Resolution No. 83-103 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. .. RES. 83-104 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 3985 ENTITLED IN PART "A RESOLUTION. . .PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF. . ."; AND AUTHORIZING THE INSTALLATION OF ONE HANDICAPPED PARKING STALL ON FOURTH STREET IN FRONT OF THE ROLLING START FACILITY. (22) Council Member Castaneda made a motion, seconded by Council Member Hobbs, that said resolution be adopted. Resolution No. 83-104 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. RES. 83-105 - 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. . ."; AUTHORIZING THE INSTALLATION OF FOUR-WAY STOP SIGNS AT SAN ANSELMO AVENUE AND MESA STREET; AND STOP SIGNS ON MASSACHUSETTS AT THE INTERSECTION OF FOURTEENTH STREET. (23) tt Council Member Castaneda made a motion, seconded by Council Member Hobbs, that said resolution be adopted. Resolution No. 83-105 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. RES. 83-106 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 11741, LOCATED SOUTH OF NORTHPARK BLVD., NORTH OF 48TH STREET AND WEST OF LITTLE MOUNTAIN DRIVE; ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION. (Barratt Southern California, Inc.) (24) Council Member Quiel made a motion, seconded by Council Mem- ber Marks, that said resolution be adopted. . Resolution No. 83-106 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. - 7 - 4/4/83 . . . RES. 83-107 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT TO KUNERT ELECTRIC FOR STREET LIGHTING IMPROVEMENTS ON MT. VERNON AVENUE, FROM SECOND STREET TO NINTH STREET. (25) Council Member Quiel made a motion, seconded by Council Mem- ber Marks, that said resolution be adopted. Resolution No. 83-107 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. RES. 83-108 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO ACCEPTING AN INDENTURE FROM SOUTHERN PACIFIC TRANSPORTATION COMPANY, A DELAWARE CORPORATION, FOR THAT CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF MERIDIAN AVENUE, SOUTH OF MERRILL (MILL STREET) AVENUE. (26) Council Member Quiel made a motion, seconded by Council Mem- ber Marks, that said resolution be adopted. . Resolution No. 83-108 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. PUBLIC HEARING - REVOCATION OF LIBERTY TV CABLE, INC. FRANCHISE - CONTINUED FROM FEBRUARY 7, 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. (6) City Attorney Prince recommended a continuance to allow time for the court to rule on a motion to dismiss two complaints in the lawsuit. Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the public hearing be continued to Monday, June 6, 1983, at 9:30 a.m., in the Coun- cil Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . RATE INCREASE REQUEST - GROUP "w" INC. - CABLE TELEVISION COMPANY In a memorandum dated March 29, 1983, Tom Crawford, Assis- tant City Administrator, stated that on December 21, 1982, the Cable Television Commission received a request from Group "w" Inc. for approval of a rate increase for the provision of cable television service in the City. The Assistant City Administrator further stated in his memorandum that after conducting a public hearing on the rate increase request, the Cable Television Com- mission recommends that the rate increase request by Group "w" Inc. be approved, subject to several conditions. (17) Mr. Chuck Gibbs, General Manager of Group "W" Inc., answered questions regarding cable installation on the West Side, stating that at least 50% of the City's cable has been converted to new wiring. He also answered questions regarding comparable rates and services of surrounding cities. . Mr. Gary Garcia of 2696 North "G" Street, presented a report of what is offered in San Bernardino compared to what other Group "w" Inc. cities have received. His report included a recommenda- tion that offers from Group "w" Inc. for an access channel be put in writing. - 8 - 4/4/83 . . . Russell Lackner, Chairman of the Community Television Commis- sion, stated that Group "w" Inc. has made a major commitment which will involve replacing all old cable within the next five years and suggested that the responsibility for community access be referred back to the Cable Television Commission. Mr. John Merrett, District Manager of Group "w" Inc., was present to answer questions and stated that Group "W" is making the following offers: 1. Within five years, they will complete the re- building of the entire system to at least 54 channels. 2. That 15~ per month per subscriber will be set aside for local access viewing. 3. That the local access channel will operate on a 24 hour basis and may include televised Coun- cil meetings. 4. Within 110 days after the rate increase, all of the above will be in place. . 5. Group "W" will provide emergency override alert system so that the Mayor and any designated members of City staff can alert any subscriber on an emergency basis. Mr. Merrett pointed out that the rate has been $7.50 for the past seven years and they are requesting an increase to $9.50. Council Member Quiel made a motion, seconded by Council Mem- ber Hobbs, that this matter be referred back to the Cable Tele- vision Commission and that the City Attorney be authorized to work with the Cable Television Commission in preparation of an agreement with Group "w" Inc. After discussion, Council Member Marks made a substitute motion, seconded by Council Member Hernandez, that the matter be referred back to the Cable Television Commission for further re- view, referendum and negotiations (including rates) and that the City Attorney be instructed to work with the Cable Television Commission in preparation for an agreement with Group "w" Inc. . The motion failed by Members Hernandez, Marks, Reilly, Quiel, Strickler. the following vote: Ayes: Council Hobbs. Noes: Council Members Castaneda, Absent: None. The motion made by Council Member Quiel, seconded by Council Member Hobbs, that this matter be referred back to the Cable Tele- vision Commission and that the City Attorney be authorized to work with the Cable Television Commission in preparation of an agree- ment with Group "w" Inc., carried by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. Abstain: Council Member Hernandez. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler was excused from the Council Meeting. WAIVE READINGS - ORDINANCES The City Clerk read the title of all the ordinances on the agenda. . Council Member Hernandez 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. - 9 - 4/4/83 . . . ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 6.24.150 AND 6.24.160 OF THE SAN BERNAR- DINO MUNICIPAL CODE TO INSTITUTE AN ADOPTION SER- VICE FEE FOR DOGS AND CATS, TO DECREASE THE DIS- POSAL FEE FOR DOGS AND CATS, TO INCREASE THE FEE FOR ANIMALS SOLD FOR RESEARCH, AND TO REQUIRE AC- CREDIATION BY THE AMERICAN ASSOCIATION FOR ACCRE- DIATION OF LABORATORY ANIMAL CARE FOR RESEARCH SALES. FIRST (28) Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that said ordinance be laid over for final passage. REVIEW - ADOPTION SERVICE FEE INCREASE Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the City Administra- tor be directed to make a six month review to analyze the effect of increased adoption service fees on the number of animals brought to the City for adoption and that said analysis be brought before the Council for review. . COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. ORD. MC-261 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING ORDINANCE NO. MC-232, MAKING A TECH- NICAL CHANGE BY CHANGING THE SAN BERNARDINO MUNI- CIPAL CODE DESIGNATION OF SECTION 19.78.200 TO READ SECTION 19.78.120, AND REPEALING SECTION 19.78.200. FINAL (29) Council Member Hobbs made a motion, seconded by Council Mem- ber Castaneda, that said ordinance be adopted. Ordinance MC-261 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. . ORD. MC-262 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING THE LEGAL DESCRIPTION OF LAND REZONED BY ORDINANCE NO. MC-245, CONSISTING OF APPROXIMATELY 541 ACRES IN THE NORTHEASTERN SECTION OF THE CITY FRONTING ON EAST HIGHLAND AVENUE EASTERLY OF STATE ROUTE 330, PETITION NO. 82-22. FINAL (30) Council Member Hobbs made a motion, seconded by Council Mem- ber Castaneda, that said ordinance be adopted. Ordinance MC-262 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. ORD. MC-263 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO SUSPENDING PERMIT FEES AND INSPECTION FEES FOR INSTALLATION OF SIDEWALKS, CURBS AND GUTTERS IN FRONT OF EXISTING IMPROVED PROPERTY UNTIL JANUARY 1, 1984. FINAL (31) Council Member Hobbs made a motion, seconded by Council Mem- ber Castaneda, that said ordinance be adopted. Ordinance MC-263 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. . - 10 - 4/4/83 . . . ORD. MC-264 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING ORDINANCE NO. 3978 RELATING TO CHANGE OF ZONE PETITION NO. 1161, LOCATED AT 254 WEST SEVENTH STREET - NORTHEAST CORNER OF THE INTERSEC- TION OF SEVENTH STREET AND ARROWHEAD AVENUE; AND CORRECTING THE LEGAL DESCRIPTION THEREIN AND MAKING OTHER TECHNICAL CHANGES. FINAL (32) Council Member Hobbs made a motion, seconded by Council Mem- ber Castaneda, that said ordinance be adopted. Ordinance MC-264 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. COUNCIL MEMBER.REILLY EXCUSED Council Member Reilly was excused from the Council Meeting. ORD. MC-265 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO ADDING CHAPTER 15.12 TO THE SAN BERNARDINO MUNICIPAL CODE CONCERNING EARTHQUAKE HAZARD REDUC- TION IN EXISTING BUILDINGS. FINAL (33) . Council Member Marks made a motion, seconded by Council Mem- ber Quiel, that said ordinance be adopted. Ordinance MC-265 was adopted by the following vote: Ayes: Council Members Castaneda, Marks, Quiel, Hobbs, Strickler. Noes: Council Member Hernandez. Absent: Council Member Reilly. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. ORDINANCE OF THE CITY OF SAN BERNARDINO SUSPENDING PERMIT FEES AND INSPECTION FEES FOR INSTALLATION OF SIDEWALKS, CURBS AND GUTTERS IN FRONT OF UNIMPROVED PROPERTY OTHER THAN SUBDIVISIONS AND PARCEL MAP PROPERTIES UNTIL JANUARY 1, 1984. The City Clerk read the title of the ordinance. FIRST Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the first reading of the ordinance be waived and said ordinance be laid over for final passage. . COUNCIL MEMBER REILLY EXCUSED Council Member Reilly was excused from the Council Meeting. GENERAL REPORTS AND CORRESPONDENCE Council Member Strickler made a motion, seconded by Member Hobbs and unanimously carried, that the following be filed: a. City Treasurer's Report on Invested Funds and Interest Gained - "Pooled Collateral". b. Application of Southern California Edison Com- pany before the Public Utilities Commission for authority to modify its energy cost adjustment clause to decrease its energy cost adjustment billing factors and to increase its annual energy rate in accordance with commission deci- sion No. 82-12-105. . - 11 - 4/4/83 Council items (34) . . c. Application of Southern California Gas Company, Pacific Lighting Gas Supply Company, Pacific Gas & Electric Company and Western LNG Terminal Associates before the Public utilities Commis- sion. . d. Civil Service Eligibility Lists for: Maintenance Plumber - Open & Promotional Drillmaster - Open & Promotional Police Sergeant - Department Promotional e. Five alcoholic beverage control applications for the following new and transferred licenses: New John~ & Patricia L. Jehne dba San Bernardino Packing House Market Bonita Metzgar dba Buz-In . Transferred Chudhary R. Ahmad & Siraj A. Qureshi dba Salisa Market Lawrence H. Seller dba Shamrock Albertson's, Inc. dba Albertson's 789 South Mt. Off Sale Vernon Avenue Beer & Wine 4360 North Sierra Off Sale Way Beer & Wine 2130 West High- Off Sale land Avenue Beer & Wine 1158 West High- Off Sale land Avenue General 275 East Ninth Off Sale Street 1121" COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. LEGISLATIVE REVIEW COMMITTEE REPORT - DEFERRED COM- PENSATION PLAN - PATTERNED CONCRETE STREETS, CURBS AND SIDEWALKS Council Member Strickler, Chairman of the Legislative Review Committee, presented the Legislative Review Committee minutes of their meeting held March 31, 1983, where the following recommenda- tions were made: (S2) . That the City Attorney determine the legality of changing administrators of the deferred compensation plan for the City, and during the interim period, a six month negotiating period be held with Great Western Savings to administer the City's deferred compensation plan. Approval of the proposed amendment to the resolution allowing the use of patterned concrete for sidewalks, streets and curb islands with approval of the City Engineer. Council Member Strickler made a motion, seconded by Council Member Quiel, that the City Attorney be directed to determine legality of changing administrators of deferred compensation plan and the necessary procedures be taken; and a six month negotiat- ing period be held with Great Western Savings and Loan Associa- tion to administer the City's deferred compensation plan. . The motion carried by the following vote: Ayes: Council Members Castaneda, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. Abstain: Council Member Reilly. - 12 - 4/4/83 . . COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. . Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that a resolution amend- ing Resolution No. 12864 to allow use of patterned concrete for sidewalks, streets and curb islands with approval of the City Engineer, be approved. COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and took his place at the Council Table. . COUNCIL CHAMBERS USE - CHILD CARE USA - MAY 14, 1983 In a letter dated March 31, 1983, Thelma Press, Executive Director of the Council for International Friendship and Goodwill, requested on behalf of Child Care USA, the use of the Council Chambers and the lobby area on Saturday, May 14, 1983. The event will be for an art presentation and an auction will be held for a fund-raising event for bruised and battered children. Mrs. Press is also requesting in her letter that the City Council co-sponsor the event for the benefit of these children by a waiver of fees. (S3) Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the request of Child Care USA, San Bernardino Chapter, for use of the Council Chambers and lObby area for an art presentation and auction to be held Saturday, May 14, 1983, be approved and that the City co-sponsor the event. COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. WATERMAN AVENUE WIDENING - FROM OLIVE AVENUE TO BASE LINE Roger Hardgrave, Director of Public Works/City Engineer, recommended in a memorandum dated March 31, 1983, that the plans for widening Waterman Avenue (east side), from Olive Avenue to Base Line, be approved and requested authorization to advertise for bids. (S4) . Council Member Reilly made a motion, seconded by Council Member Castaneda and unanimously carried, that the plans for widening Waterman Avenue (east side), from Olive Avenue to Base Line Street, in accordance with Plan No. 6360, be approved; and the Director of Public Works/City Engineer authorized to adver- tise for bids. TOWN CREEK AND WARM CREEK REALIGNMENT In a memorandum dated March 30, 1983, Roger Hardgrave, Director of Public Works/City Engineer, recommended that the plans for the realignment of Town Creek and Warm Creek be ap- proved and requested authorization to advertise for bids. (S5) Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that the plans for re- alignment of Town-Warm Creek, in accordance with Plan No. 6202, be approved; and the Director of Public Works/City Engineer be authorized to advertise for bids for Phase I and two additive alternates. COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and took his place at the Council Table. . - 13 - 4/4/83 . . . OUT-OF-STATE TRAVEL - PARNELL - CETA DIRECTOR Marisa Parnell, Executive Director of CETA, requested in a memorandum dated March 30, 1983, authorization to attend the meeting of the United States Conference of Mayors Employment and Training Council and the National Association of Private Industry Councils to be held in Washington, D.C. on May 1-4, 1983. (S6) Council Member Castaneda made a motion, seconded by Council Member Strickler, that authorization for out-of-state travel be given to the Executive Director of CETA to attend the U.S. Con- ference of Mayors, to be held in Washington, D.C., May 1-4, 1983. The motion carried by Members Castaneda, Reilly, Council Member Hernandez. the following vote: Marks, Quiel, Hobbs, Absent: None. Ayes: Council Strickler. Noes: RES. 83-109 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 12864 PERTAINING TO THE ADOPTION OF "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION", TO ALLOW USE OF PATTERNED CON- CRETE FOR SIDEWALKS, STREETS AND CURB ISLANDS WITH APPROVAL OF CITY ENGINEER. (S9) . 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. 83-109 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. APPOINTMENT - STOEBE - INLAND LIBRARY SYSTEM'S LAY ADVISORY BOARD In a memorandum dated March II, 1983, Stephen Whitney, City Librarian, stated that the Board of Trustees of the San Bernar- dino Public Library recommends the reappointment of Mr. Wallace Stoebe to serve as the City's representative to the Inland Library System Lay Advisory Board for a two year term commencing June I, 1983. (SlO) . Council Member Marks made a motion, seconded by Council Mem- ber Hobbs and unanimously carried, that Mr. Wallace Stoebe be re- appointed to serve as the City's representative to the Inland Library System's Lay Advisory Board for a two year term commenc- ing June I, 1983. LIBRARY BUDGET AMENDMENT Stephen Whitney, City Librarian, requested in a memorandum dated March 31, 1983, an amendment to the Library budget in order to allow the purchase of library books through 1982-83 fiscal year. (Sll) Council Member Marks made a motion, seconded by Council Mem- ber Hobbs and unanimously carried, that the Library budget be amended as follows to purchase Library books through FY 1982-83: No. No. No. No. 05-009-326 05-910-052 05-910-173 05-910-171 State Aid-Libraries Health & Life Insurance Audio Visual Library Books Add Transfer Transfer Add $12,000 $ 6,000 $ 4,000 $22,000 . PERSONNEL ACTION Council Member Marks made a motion, seconded by Council Mem- ber Hobbs and unanimously carried, that Doris L. Reese be trans- ferred to the City Clerk's Office as Deputy City Clerk I, Range 92, Step E, effective April 12, 1983. (S12) - 14 - 4/4/83 . . . RECESS MEETING - CLOSED SESSION At 10:52 a.m., the Regular Meeting of the Mayor Council of the City of San Bernardino recessed for a sion for discussion on personnel matters. and Common Closed Ses- (S7) 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 was Ray Schweitzer, Deputy City Administrator. . ADJOURN CLOSED SESSION At 11:03 a.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 11:03 a.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, Hernandez, Marks, Quiel, Hobbs; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Member Strickler. WAIVE READINGS - RESOLUTIONS The City Clerk read the title of the following three resolu- tions. . Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimOUSly carried, that further reading of the following three resolutions be waived. RES. 83-110 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION. . .CREATING AND ESTABLISHING POSI- TIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO. . ."; CREATING A MANAGEMENT ANALYSIS DIVISION WITHIN THE CITY ADMINISTRATOR'S DEPARTMENT; ESTABLISHING THE POSITION OF SENIOR MANAGEMENT ANALYST; AND DELETING THE POSITION OF ASSISTANT CITY ADMINISTRATOR. Council Member Castaneda made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 83-110 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs. Noes: None. Absent: Council Member Strickler. . RES. 83-111 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 10584 ENTITLED IN PART "A RESOLUTION. . .ESTABLISHING. . .EMPLOYER-EMPLOYEE RELATIONS. . ."; ESTABLISHING THE POSITION OF SENIOR MANAGEMENT ANALYST; AND DELETING THE POSITION OF ASSISTANT CITY ADMINISTRATOR. - 15 - 4/4/83 . . Council Member Castaneda made a motion, seconded by Council Member Marks, that said resolution be adopted. . Resolution No. 83-111 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs. Noes: None. Absent: Council Member Strickler. RES. 83-112 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION. . .ESTABLISHING A BASIC COMPENSATION PLAN. . ."; ADDING THE CLASSIFICATION OF SENIOR MANAGEMENT ANALYST; AND DELETING THE CLASSIFICATION OF ASSISTANT CITY ADMINISTRATOR. Council Member Castaneda made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 83-112 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs. Noes: None. Absent: Council Member Strickler. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and . took his place at the Council Table. 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. METCALF PROPERTY DISPOSITION AGREEMENT In a memorandum dated March 30, 1983, Gary Van Osdel, Execu- tive Director of the Redevelopment Agency, requested authoriza- tion to draft a disposition and joint development agreement be- tween the City and the Economic Development Council for the sale and development of the Metcalf property. . Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the request for a draft disposition and joint development agreement for the sale and development of the Metcalf property be continued to Monday, April 18, 1983, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. SET JOINT PUBLIC HEARING - TRI-CITY REDEVELOPMENT PROJECT AREA Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that a joint public hear- ing be set for Monday, June 6, 1983, at 11:00 a.m., in the Coun- cil Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to consider the adoption of a plan and report relat- ing to the proposed Tri-City Redevelopment Project Area. COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. . RES. 83-113 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE PURPOSE OF PURCHASING A CERTIFICATE OF DE- POSIT, THE PROCEEDS OF WHICH WILL BE LOANED TO PROVIDE THE PERMANENT FINANCING FOR A CERTAIN PROJECT; AP- POINTING SECURITY PACIFIC NATIONAL BANK, LOS ANGELES, CALIFORNIA AS TRUSTEE; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF AN INDENTURE APPROPRIATE FOR THE PROTECTION AND DISPOSITION OF REVENUES AND FUR- - 16 - 4/4/83 . . . THER SECURING THE PAYMENT OF THE BONDS; AUTHORIZING THE EXECUTION OF A CERTAIN PROGRAM AGREEMENT AND A CERTAIN DEPOSIT AGREEMENT, ALL RELATING TO THE BONDS AND APPROVING THEIR FORM; AUTHORIZING AND DIRECTING THE SALE OF THE BONDS PURSUANT TO THE BOND PURCHASE AGREEMENT; AUTHORIZING THE DISTRIBUTION OF A PRE- LIMINARY OFFICIAL STATEMENT AND THE EXECUTION AND DISTRIBUTION OF A FINAL OFFICIAL STATEMENT RELATING TO THE BONDS. The City Clerk read the title of the resolution. Council Member Castaneda 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. 83-113 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Strickler. Noes: None. Absent: Council Member Hobbs. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez was excused from the Council Meeting. . RESOLUTION OF THE CITY OF SAN BERNARDINO PROTESTING MUNICIPAL REORGANIZATION (LAFC 2220) AND REQUESTING DISMISSAL OF PROCEEDINGS; REQUEST FOR PREPARATION OF ENVIRONMENTAL IMPACT REPORT. (S8) 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. Council Member Marks, Chairman of the Council Committee of Relations with Unincorporated Territories, spoke at length re- garding the meeting of March 29, 1983 with the Board of Super- visors and the Committee. The Mayor and Council discussed the Highland Cityhood issue.. Council Member Marks made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the resolution be continued until the afternoon session. . RECESS MEETING At 12:02 p.m., the meeting recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, 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; Counoil Members Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler; City Clerk Clark, City Administr- tor Matzer. Absent: Council Member Castaneda; City Attorney Prince. . PLANNING COMMISSION REPORT Frank Schuma, Planning Director, gave the Planning Report regarding all Planning commission matters of the meeting of March 22, 1983. The following recommendation was made: - 17 - 4/4/83 ~ , . , . . y That the application for Change of Zone No. 83-1, P. T. and U. Investments, applicant, to change the land use zoning district from R-3-1200 Multiple Family Residential to "T" Transitional for a rec- tangularly-shaped parcel of land consisting of ap- proximately 8,315 square feet having a frontage of approximately 50 feet on the east side of Belle Street and being located approximately 285 feet north of the center line of 21st street, be recom- mended for approval, based upon findings of fact. (35) COUNCIL MEMBER MARKS EXCUSED Council Member Marks was excused from the Council Meeting. Mr. Dennis Stafford was present to represent P.T. and U. Investments and requested that the change of zone be processed immediately to allow him to get building permits. CITY ATTORNEY PRINCE ARRIVED At 2:02 p.m., City Attorney Prince arrived at the Council Meeting and took his place at the Council Table. \. / Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, to approve the responses to comments and to adopt the mitigated Negative Declaration for en- vironmental review which has been reviewed and considered. ~ Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, to approve the findings of fact and the recommendation of the Planning Commission and that the City Attorney be directed to prepare the necessary amendment to the zoning ordinance. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. PLANNING COMMISSION ITEMS - MORNING AGENDA Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that Planning Commission items be heard in the morning session and be placed on the agenda after the consent calender. RES. 83-114 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO PROTESTING MUNICIPAL REORGANIZATION (LAFC 2220) AND REQUESTING DISMISSAL OF PROCEEDINGS; REQUEST FOR PREPARATION OF ENVIRONMENTAL IMPACT REPORT. (Continued from earlier in the meeting) (S8) COUNCIL MEMBER CASTANEDA ARRIVED At 2:05 p.m., Council Member Castaneda arrived at the Council Meeting and took his place at the Council Table. The Mayor and Common Council discussed the Highland Cityhood issue. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. Resolution No. 83-114 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO STATING THE POLICY OF THE CITY TO UNDERTAKE THE ANNEXATION OF AREAS WITHIN ITS SPHERE OF INFLUENCE AND DESIG- NATE EIGHTY PERCENT OF ALL TAXES RECEIVED FROM AN AREA FOR USE IN THAT AREA FOR PUBLIC IMPROVEMENTS. (27) - 18 - 4/4/83 . . . Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the resolution be re- ferred to the Ways and Means Committee. HIGHLAND CITYHOOD ISSUE Mr. Jim Lynas of 1160 East Sonora, objected to a "secret" meeting held on March 29, 1983 involving the Mayor, Council Mem- bers Marks, Reilly and Hernandez, and representatives from the County Board of Supervisors. (Sl) Mr. John Lightburn from Supervisor McKenna's Office, stated that the meeting was requested by the City Council Committee on Relations with Unincorporated Territories and that it was for negotiations which is best served when conducted privately. . Lonnie Simon also spoke regarding the secrecy or exclusion of speakers at public meetings and stated that the Center for Individuals with Disabilities, Anderson TMR School and the School of Hope, which are in the area, would be affected in the creation of the City of Highland. City Attorney Prince stated that in his opinion, the meeting of March 29, 1983 was not a secret meeting and did not violate any laws. The Council discussed the Highland Cityhood issue and the meeting of March 29, 1983. Mr. Jim Smith of 3963 East Croydon, who is a resident of San Bernardino, spoke regarding the importance of timing of unanimity on the part of the Mayor and Council. He also stated that the Council should consider the value of its Committee on Relations with Unincorporated Territories. No official action was taken. . LEASE - PACIFIC FEDERAL SAVINGS AND LOAN - UTILITY PAYMENT CENTER Mayor Holcomb recommended in a memorandum dated April 4, 1983 that a lease agreement be authorized with Pacific Federal Savings and Loan for use of their facilities within their Fifth and Mt. Vernon Branch for a City operated utility payment center. He stated in his memorandum that this will be a temporary arrange- ment until the facilities at the Super Mercado can be reopened. Council Member Castaneda made a motion, seconded by Council Member Hobbs and unanimously carried, that the City Attorney be directed to prepare the necessary documentation for a $200.00 a month, month to month lease agreement between the City of San Bernardino and Pacific Federal Savings and Loan Association for a City operated utility payment center located within their Fifth and Mt. Vernon Branch. . RECESS MEETING - CLOSED SESSION At 3:37 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino recessed for a Closed Ses- sion to discuss personnel matters and pending litigation. - 19 - 4/4/83 . . . 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 Ray Schweitzer, Deputy City Administrator, Bill Flory, Agency Counsel, Glenda Saul, Deputy Director, and Attorney James Clark. . ADJOURN CLOSED SESSION At 3:57 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 3:57 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 Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Member Castaneda. . APPOINTMENT - SOLHEIM - RISK MANAGEMENT COORDINATOR Council Member Marks made a motion, seconded by Council Mem- ber Strickler, that Ron Solheim be appointed Director of Risk Management at Range 126, Step C. The motion carried by Members Reilly, Hernandez, cil Member Hobbs. Absent: the following vote: Ayes: Council Marks, Quiel, Strickler. Noes: Co un- Council Member Castaneda. COUNCIL MEMBER CASTANEDA RETURNED Council Member Castaneda returned to the Council Meeting and took his place at the Council Table. NORTHWEST PROJECT AREA LAWSUIT - LAW FIRM ASSIGNMENT Council Member Hobbs made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, to engage the law firm of Weiser, Kane, Ballmer and Berkman at standard hourly rates, to defend the City in the Northwest Project Area lawsuit. . REAPPOINTMENT - WING - ANIMAL ADVISORY COMMISSION Pursuant to the recommendation of Council Member Hobbs, Mayor Holcomb reappointed Shirley Wing of 1163 North Garner, to serve as a member of the Animal Advisory Commission. - 20 - 4/4/83 . . . . . . Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that the reappointment be confirmed. ADJOURN MEETING At 4:00 p.m., Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the meeting adjourn to Monday, April 18, 1983, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. City Clerk Approved the 18th of April, 1983. Mayor of the City of San Bernardino - 21 - 4/4/83