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HomeMy WebLinkAbout04-18-1983 Minutes . . City of San Bernardino, California . April 18, 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 18, 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 Pastor Robert Ferguson of Trinity united Methodist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was. led by Council Member Hernandez. . 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. PROCLAMATION - DAY OF PRAYER - MAY 5, 1983 Dave Light, Executive Assistant to the Mayor, read a proc- lamation of the Mayor of the City of San Bernardino, proclaiming May 5, 1983 as "Day of Prayer" in the City of San Bernardino. John Lowe of the National Committee of Prayer, accepted the proclamation. PROCLAMATION - NATIONAL ORANGE SHOW DAY - APRIL 28 TO MAY 8, 1983 Dave Light, Executive Assistant to the Mayor, read a proc- lamation of the Mayor of the City of San Bernardino, proclaiming April 28 to May 8, 1983 as National Orange Show Day in the City of San Bernardino. Lowell Trask, President of the National Orange Show, and Gil Snyder, First Vice President of the National Orange Show, were present to accept the proclamation. . PROCLAMATION - VICTIMS RIGHTS WEEK - APRIL 18-24, 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 18-24, 1983 as Victims Rights Week in the City of San Bernardino. Debbie Katz, Co-Director of Victims witness Program of the District Attorney's Office, accepted the proclamation. PROCLAMATION - DRUG ABUSE PREVENTION WEEK - APRIL 18-24, 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 18-24, 1983, as Drug Abuse Prevention Week in the City of San Bernardino. Larry Pacheco and Vivian Sanchez of Casa de San Bernardino, accepted the proclamation. . PROCLAMATION - BIRTH DEFECT PREVENTION MONTH - MAY, 1983 Dave Light, Executive Assistant to the Mayor, read a procla- mation of the Mayor of the City of San Bernardino, proclaiming the month of May, 1983, as Birth Defect Prevention Month in the City of San Bernardino. . . Ben Cisneros and Deborah Mueller of the Volunteer Steering Committee, were present to accept the proclamation. . PROCLAMATION - NATIONAL HIGH BLOOD PRESSURE MONTH - MAY, 1983 Dave Light, Executive Assistant to the Mayor, read a procla- mation of the Mayor of the City of San Bernardino, proclaiming the month of May, 1983, as National High Blood Pressure Month in the City of San Bernardino. Ray Nooner, Health Coordinator, accepted the proclamation. PROCLAMATION - KEEP AMERICA BEAUTIFUL WEEK - APRIL 17-23, 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 17-23, 1983, as Keep America Beautiful Week in the City of San Bernardino. Gerald Stoops was present to accept the proclamation. COUNCIL MEMBERS CASTANEDA AND HERNANDEZ EXCUSED Council Members Castaneda and Hernandez were excused from tt the Council Meeting. APPROVE MINUTES - MARCH 24, 1983 - CONTINUED FROM APRIL 4, 1983 This is the time and place continued to for approval minutes of the meeting of the Mayor and Common Council of of San Bernardino held on the 24th of March, 1983. of the the City (1) Council Member Strickler made a motion, seconded by Council Member Marks 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 24th of March, 1983, as submitted in type- written form. DISABILITY RETIREMENT - JONES - POLICE DEPARTMENT A memo dated April 7, 1983 was received from Ronald Solheim, Risk Management Coordinator, recommending that the City Adminis- trator file notice with the Public Employees Retirement System stating that Walter J. Jones is permanently incapacitated from continuing his duties as a Police Officer. (4) . Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the Mayor and Common Council hereby find Walter J. Jones 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. Jones be placed on disability retirement. 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: (6) 1. Approve the register of demands dated: March 20, 1983 April 4, 1983 April 6, 1983 #82/83 #82/83 #82/83 $348,237.45 $552,136.55 $ 22,180.56 , 2. Approve a supplement to the total gross payroll for the period February 21, 1983 through March 6, 1983, in the amount of $31.55. 3. Approve the total gross payroll for the period March 7, 1983 through March 20, 1983, in the amount of $931,932.57. - 2 - 4/18/83 . . . , . . 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 ad- ministrative regulations of the City of San Bernardino, be ap- proved and ratified as follows: (7) APPOINTMENTS Police Department Robert J. Billings - Police Officer Effective April 11, 1983 Michael J. Blechinger - Police Officer Effective April 11, 1983 Kenneth R. Brander - Police Officer Effective April 11, 1983 Mark T. Emoto - Police Officer Effective April 11, 1983 Ernest F. Lemos - Police Officer Effective April 11, 1983 Michael V. Ruiz - Police Officer Effective April 11, 1983 TEMPORARY APPOINTMENT Human Services Marjorie L. Deleva - Nutrition Food Supervisor II Effective April 19, 1983 LEAVE OF ABSENCE Civil Service Cynthia G. Chavez - Personnel Clerk I From April 5, 1983 to August 5, 1983 Fire Department Elizabeth Caldera - Fire Prevention Technician From May 16, 1983 to June 6, 1983 Park and Recreation Junior D. Brown - Assistant Tree Trimmer From April 6, 1983 to May 6, 1983 Police Department Julie A. Coar - Intermediate Typist Clerk From April 21, 1983 to June 5, 1983 Jeanine D. Montgomery - Intermediate Typist Clerk From May 6, 1983 to June 5, 1983 Treasurer Deborah L. Mattson - Deputy City Treasurer From April 18, 1983 to July 17, 1983 VOLUNTARY DEMOTION Fire Department Jimmy B. Jews - Fire Prevention Inspector to Fire Fighter Effective April 13, 1983 - 3 - 4/18/83 1- . . . CANVASSING BOARD - GENERAL MUNICIPAL ELECTION - MAY 3, 1983 In a memorandum dated April 15, 1983, Shauna Clark, City Clerk, requested authorization to appoint a canvassing board to canvass the returns of the May 3, 1983 General Municipal Election. The canvass will be conducted on May 5, 1983 at 1:30 p.m., in the Council Chambers of City Hall. (8) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the City Clerk be au- thorized to appoint a canvassing board to canvass the returns of the May 3, 1983 General Municipal Election. COUNCIL MEMBERS CASTANEDA AND HERNANDEZ RETURNED Council Members Castaneda and Hernandez returned to the Coun- cil Meeting and took their place at the Council Table. APPROVE MINUTES - !~RCH 28, 1983 Council Member Strickler made a motion, seconded by Council Member Hernandez, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 28th of March, 1983, as submitted in typewritten form. (2) . The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Strickler. Noes: None. Absent: Council Member Hobbs. Abstain: Council Member Quiel. APPROVE MINUTES - APRIL 4, 1983 Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the minutes of the Meeting of the Mayor and Common Council of the City of San Ber- nardino held on the 4th of April, 1983, be amended by changing the word "referendum" to "revision" on page 9, paragraph 5, and that the minutes be approved as amended. (3) PLANNING COMMISSION REPORT Frank Schuma, Planning Director, gave the Planning Report re- garding all Planning Commission matters of the meeting of April 5, 1983. The following recommendations were made: . That the application for Change of Zone No. 83-2, Thomas R. Daugherty, applicant, to change the land use zoning district from R-1-7200 Single-Family Residential to R-3-3000 Multiple Family Residential for a rectangularly-shaped parcel of land consist- ing of approximately 16,000 square feet having a frontage of approximately 100 feet on the north side of Marshall Boulevard and being located ap- proximately 240 feet west of the center line of Del Rosa Avenue, be recommended for approval, based on findings of fact. (9) Council Member Quiel made a motion, seconded by Council Mem- ber Marks and unanimously carried, to approve the responses to comments and to adopt the Negative Declaration for environmental review which has been reviewed and considered. Council Member Quiel made a motion, seconded by Council Mem- ber Marks 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 made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, to direct the Planning De- partment to initiate zone changes consistent with the General Plan for that property located generally north of Marshall Boule- vard, west of Mountain Avenue, south of Eureka Street, east of - 4 - 4/18/83 . . . Del Rosa Avenue and including an additional area located within approximately 400 feet of the east side of Del Rosa Avenue be- tween Eureka Street and Marshall Boulevard (generally, that study area encompassed by General Plan Amendment No. 82-3). COUNCIL MEMBER HOBBS ARRIVED At 9:20 a.m., Council Member Hobbs arrived at the Council Meeting and took his place at the Council Table. That the application for Change of Zone No. 83-3, Caston & Miller, applicant, to change the land use zoning district from M-l Light Industrial to C-M Commercial-Manufacturing on an irregularly-shaped parcel of land consisting of approximately 0.4 acre having a frontage of approximately 50 feet on the east side of Waterman Avenue and being located ap- proximately 610 feet south of the center line of Rialto Avenue, be recommended for approval, based on findings of fact. (10) . Council Member Castaneda 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 Castaneda 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. That the applications for Change of Zone No. 83-4 (Prezone) and Annexation No. 12.01.304, Nicholas Tavaglione, applicant, to change the land use zoning district from County 3M-R3-T to City R-3-3000 Multi- ple Family Residential and to annex a rectangularly- shaped parcel of land consisting of approximately 1.8 acres located at the southeast corner of 42nd Street and "E" Street, be recommended for approval, based on findings of fact. (11) . Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, to approve the responses to comments and to adopt the mitigated Negative Declaration for environmental review which has been reviewed and considered. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda 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 HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. That the amendment to the San Bernardino Municipal Code, Chapter 19.56 - Parking Requirements, revising the minimum parking requirements for all commercial, industrial and residential areas, be recommended for approval, with wording to read as noted in the memo- randum to the Planning Commission dated AprilS, 1983. (12) . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that this item be referred to the Legislative Review Committee to report back to the Council with their findings. - 5 - 4/18/83 . . . PARKING SPACE CONSTRUCTION - "J" BUILDING - NORTHWEST CORNER OF "E" STREET AND COURT STREET - CONTINUED FROM APRIL 4, 1983 This is the time and place continued to for approval of the plans for construction of parking spaces in the "J" Building, lo- cated at the northwest corner of "E" Street and Court Street, and a request from the City Engineer for authorization to advertise for bids. (13) Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the plans for con- struction of parking spaces in the "J" Building (northwest corner of "E" Street and Court Street), in accordance with Plan No. 6355, be approved and authorization granted to advertise for bids. COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and took his place at the Council Table. . UNUSON CORPORATION FESTIVAL COST UPDATE In a memorandum dated April 15, 1983, Ray Schweitzer, Deputy City Administrator, reported on the meetings he has had with mem- bers of the Unuson Corporation regarding the costs incurred to the City during last year's Unuson Festival. Mr. Schweitzer stated in his memorandum that there will be a payment from the Unuson Corporation. He also stated in his memorandum that the Unuson Corporation felt that they would not be using as many parking facilities inside the corporate limits of San Bernardino and would not require the services of the Police Department, and they will not be utilizing the services of Public Works at all. (14) COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez was excused from the Council Meeting. Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that the report be filed. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. . PROPOSED CHARTER AMENDMENT - CONSOLIDATION OF ELECTIONS WITH THE COUNTY AND THE STATE Mr. Joe Colletti of 1700 East Date Street, presented his re- quest that City elections be consolidated with State wide primary elections held in June and general elections held in November for the purpose of cost savings and a greater voter turnout. (15) Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that the request be re- ferred to the Legislative Review Committee. REQUEST FOR FUNDS - WE TIP INC. A letter dated March 31, 1983 was received from Bill Brownell, Founder/National Director of We Tip Inc., requesting funding for their services to the City of San Bernardino in their attack against crime, arson and drug abuse. (16) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the request for fund- ing from We Tip, Inc. be referred to the ways and Means Committee. . REQUEST FOR FUNDS - INLAND EMPIRE CULTURAL FOUNDATION A letter dated March 30, 1983 was received from Florentino Garza, President of Inland Empire Cultural Foundation (CLASS), requesting financial support from the City in their effort of bringing plays, exhibits and concerts to the City. (17) Mr. Florentino Garza, President of the Inland Empire Cultural Foundation, was present to request funding. - 6 - 4/18/83 . . The Mayor and Common Council discussed the amount requested and transient occupancy tax. tt Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the need to provide funding for the arts and the request from Inland Empire Cultural Foundation (CLASS) be referred to the Ways and Means Committee. . . . COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez was excused from the Council Meet- ing. ABATEMENT OF TREES, FENCES - WATERMAN AVENUE, FROM NINTH STREET TO BARTON ROAD -NINTH STREET, FROM WATERMAN AVENUE TO ELMWOOD ROAD In a memorandum dated April 7, 1983, Mayor Holcomb presented a memorandum dated February 18, 1983 prepared by Les Fogassy, Abatement Coordinator, indicating the need to abate trees and/or fences in the area along Waterman Avenue, from Ninth Street to Barton Road and along Ninth Street, from Waterman Avenue to Elm- wood Road. (19) Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that the Public Services Superintendent be authorized and directed to abate those trees and/or fences from Ninth Street to Barton Road and Ninth Street from Waterman Avenue to Elmwood Road, as indicated in the memo- randum dated February 18, 1983 from the Abatement Coordinator. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. LEGISLATIVE REVIEW COMMITTEE REPORT - SECURITY ALARM SYSTEMS Council Member Strickler, Chairman of the Legislative Review Committee, presented the Legislative Review Committee minutes of their April 7, 1983 meeting where the Committee discussed the definition of false alarm and alarm alert, permit fees for multi- ple alarm systems at one location and alarm system standards. It was the recommendation of the Legislative Review Committee that the alarm ordinance remain as presently written. (20) LEGISLATIVE REVIEW COMMITTEE REPORT - MOUNTAIN SHADOWS COMMUNITY TV COMPANY FRANCHISE/RATE INCREASE Council Member Reilly, Acting Chairman of the Legislative Review Committee, presented the Legislative Review Committee minutes of their April 14, 1983 meeting where the Committee dis- cussed the application of Mountain Shadows Cable TV Systems for a franchise and a rate increase. It was the recommendation of the Legislative Review Committee that the City Attorney and City Administrator prepare a draft franchise document to be reviewed by the company prior to presentation to the Legislative Review Committee at their May 5, 1983 meeting. REQUEST FOR FUNDS, CO-SPONSORSHIP OF WOMEN'S HEALTH FESTIVAL AND 5 AND 10K RUN - MAY 15, 1983 - COUNTY COMMUNITY SERVICES DEPARTMENT A letter dated April 6, 1983 was received from Rita Arias, Coordinator of Grassroots Women's Program, Community Services De- partment, requesting that the City of San Bernardino co-sponsor a Women's Health Festival and 5 and 10K run on May 15, 1983, which will be sponsored by the Community Services Department Grassroots Women's Program. (18) John Kramer, Recreation Superintendent, explained why he was opposed to the City co-sponsoring this event. He stated that lack of adequate lead time may cause a poor turnout and reflect upon the Park and Recreation Department. - 7 - 4/18/83 . . . Rita Arias, Coordinator of the Community Services Department Grassroots Women's Program, was present to represent the Grass- roots Women's Program and explained that co-sponsorship will en- able the City to provide certain equipment and facilities for the event. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the City co-sponsor the health fair and that the Park and Recreation Department be authorized to lend to Mrs. Arias the equipment she has requested on the condition that she be personally responsible for it. Council Member Castaneda made a motion, seconded by Council Member Strickler and unanimously carried, that the organization be authorized to earn the $500 contribution through the weed abatement program. . FUND EXPENDITURE - POLICE PATROL SCOOTER PURCHASE Ben Gonzales, Police Chief, recommended in a memorandum dated April 8, 1983, an expenditure of Parking and Business Im- provement funds in the amount of $3,500, for the purchase of one patrol scooter to be used for police patrol purposes in the area bounded by Sixth Street on the north, "H" Street on the west, Second Street on the south and "E" Street on the east. (21) City Attorney Prince stated that a small area between "G" and "H" Streets, north of Fourth Street, is outside of the Park- ing and Business Improvement Area and that these funds cannot be used to benefit outside areas. Council Member Castaneda made a motion, seconded by Council Member Quiel and unanimously carried, that the expenditure of funds in the amount of $3,500 from Account 09-340-801 (Parking and Business Improvement Fund - Automotive Equipment - Patrol Scooter) for the purchase of one patrol scooter to be used for pOlice patrol purposes in the area bounded by Sixth Street on the north, "H" Street on the west, Second Street on the south and "E" Street on the east, be approved with the exception of the area that is located outside of the Parking and Business Improvement Area. . REQUEST FOR EXTENSION - BUSINESS LICENSE FEE PAYMENT - SAN BERNARDINO DENTAL GROUP In a letter dated March 31, 1983, John Lawson, Administrator of the San Bernardino Dental Group, has requested an extension on the second quarterly payment of their business license and area tax. (22) Mr. John Lawson was present. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the request of John Lawson, Administrator of the San Bernardino Dental Group, for an extension of time to pay the second quarterly business license fee and area tax, be denied. COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. . SUMMER LUNCH PROGRAM - APPLICATION TO THE UNITED STATES DEPARTMENT OF AGRICULTURE FOOD AND NUTRITION SERVICE Anne Rhodes, Director of the Human Services Department, re- quested in a memorandum dated March 29, 1983, authorization to submit an application to the United States Department of Agricul- ture Food and Nutrition Service for a summer lunch program for children. (23) - 8 - 4/18/83 . . . Council Member Castaneda made a motion, seconded by Council Member Hernandez and unanimously carried, that the Mayor be autho- rized to submit an application to the United States Department of Agriculture for a Summer Food Service Program for children. PART-TIME EMPLOYMENT - SUMMER LUNCH PROGRAM In a memorandum dated March 29, 1983, Anne Rhodes, Director of the Human Services Department, requested authorization to hire eight part-time employees to serve as monitors for the Summer Lunch Program for a period of 47 days. (24) Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the Human Services Department be authorized to hire eight part-time employees to serve as monitors for the Summer Lunch Program for a period not to exceed 47 days, beginning on or about June 23, 1983, at an hourly rate of $4.50, subject to funding of the program by the United States Department of Agriculture. . MILL RECREATIONAL CENTER CONSTRUCTION - CHANGE ORDER NO. FOUR - RONALD ROBERTS AND ASSOCIATES A memorandum dated April 8, 1983 was received from Roger Hardgrave, Director of Public Works/City Engineer, recommending that Change Order No. Four to the contract with Ronald Roberts and Associates for construction of the Mill Recreational Center, be approved. (25) Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that Change Order No. Four to the contract with Ronald Roberts and Associates, for construc- tion of the Mill Recreational Center, in accordance with Plan No. 6221, be approved; and necessary work to install a quartz light, conduit for alarm sensor and an exhaust fan, at a net increase in the contract price of $720.00, from $383,543.90 to $384,263.90, be authorized. TRANSPORTATION IMPROVEMENT PROGRAM SUBMITTAL - HIGHWAY PROJECTS AMENDMENTS Roger Hardgrave, Director of Public Works/City Engineer, recommended in a memorandum dated March 28, 1983, that the proj- ects listed on the Highway Projects forms for the 1983-84 Annual Element of SCAG's 1984-88 Transportation Improvement Program (TIP) be approved for submittal to SCAG. (26) . Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the projects listed on the "Highway Projects" forms (SCAG FY 1984-88 RTIP) be approved and the Director of Public Works/City Engineer authorized and directed to submit them to the San Bernardino County Transporta- tion Commission for inclusion on the Regional Transportation Im- provement Program (RTIP). STREET IMRPOVEMENTS - CHAPTER 27 IMPROVEMENTS - VARIOUS LOCATIONS In a memorandum dated April 7, 1983, Roger Hardgrave, Direc- tor of Public Works/City Engineer, requested authorization to pro- ceed with instituting proceedings under Chapter 27 for the in- stallation of various street improvements affecting 16 parcels. (27) Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, that the Director of Public works/Superintendent of Streets be authorized and directed to initiate proceedings for the installation of necessary offsite improvements under the provisions of Chapter 27 of the Improvement Act of 1911 on the following described parcels of land: . - 9 - 4/18/83 . . . 136-471-01 141-312-02 136-181-31 147-181-03 136-491-01 141-291-19 14 7-211-09 136-481-09 136-181-17 147-181-28 136-481-01 136-181-03 14 7-181-01 141-363-09 136-181-27 147-181-02 and that assessments in excess of $50.00 therefor, if any, will be collected in annual installments, not to exceed three years, on the respective County Tax bills, and that such installments will bear interest at the rate of 7% per annum on the unpaid balance. COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and took his place at the Council Table. SINGLE-FAMILY UNITS - 6,000 SQUARE FOOT LOTS In a memorandum dated April 18, 1983, Frank Schuma, Planning Director, has requested discussion on the request from Mr. Garry Brown of Baldy View Chapter Building Industry Association, that a new ordinance be developed permitting single-family units on lots with less than 6,000 square feet. (28) . Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that the Mayor and Common Council direct the Plan- ning Department to review this proposal and work with the Build- ing Industry to develop a new ordinance permitting single-family units on lots less than 6,000 square feet. After discussion as to whether the matter should be handled by the Department or the Commission, Council Member Marks made a substitute motion, seconded by Council Member Hernandez, that the matter be referred to the Planning Commission. The motion carried by the following vote: Members Castaneda, Hernandez, Marks, Strickler. Members Reilly, Quiel, Hobbs. Absent: None. Ayes: Noes: Council Council GEOTHERMAL FEASIBILITY REPORT - NEGATIVE DECLARATION ADOPTION Frank Schuma, Planning Director, recommended in a memorandum dated April 8, 1983, that the Negative Declaration for the Geo- thermal Feasibility Report, which is to develop geothermal wells for space heating and domestic water supply, be adopted. (29) . Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that the Mayor and Com- mon Council adopt the Negative Declaration for the following project: Public Works Project - Water Department - Geothermal Feasibility Report. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly was excused from the Council Meeting. SHANDIN HILLS ASSESSMENT DISTRICT - NEGATIVE DECLARATION ADOPTION In a memorandum dated April 7, 1983, Frank Schuma, Director, recommended that the Negative Declaration for Shandin Hills Assessment District, which is to create a maintenance assessment district, be adopted. Planning the landscape (30) Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the Negative Declara- tion be adopted for the following project: . Public Works Project - Engineering - Shandin Hills Assessment District. - 10 - 4/18/83 . . . COUNCIL MEMBER REILLY RETURNED Council Member Reilly 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 Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that further reading of all the resolutions on the agenda be waived. COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. RES. 83-115 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ED MARTIN'S DISCING RELATING TO WEED ABATEMENT SER- VICES IN THE CITY. (ACCOUNT NO. 01-009-474) (31) Council Member Hernandez made a motion, seconded by Council Member Castaneda, that said resolution be adopted. . Resolution No. 83-115 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. RES. 83-116 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT OF SAN BERNARDINO COUNTY RELATING TO THE SALE OF THE MITCHELL SCHOOL SITE TO THE CITY; AND REPEALING RESOLUTION NO. 83-71. (34) Council Member Hernandez made a motion, seconded by Council Member Castaneda, that said resolution be adopted. Resolution No. 83-116 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and took his place at the Council Table. . A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHO- RIZING THE EXECUTION OF AN AGREEMENT WITH THE DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION RELATING TO THE USE OF A PORTION OF DIOCESE OWNED LAND FOR PUBLIC RECREATIONAL PUR- POSES TO BE KNOWN AS AQUINAS RECREATION AREA. (32) Council Member Marks made a motion, seconded by Council Mem- ber Hobbs and unanimously carried, that the resolution be continued to Monday, May 9, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ- ING THE EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO CREATING AN AGENCY TO BE KNOWN AS THE AUTHORITY FOR A GREATER SAN BERNARDINO; AND REPEALING RESOLUTION NO. 83-41. (33) . Council Member Quiel made a motion, seconded by Council Mem- ber Reilly, that said resolution be adopted. The Mayor and Common Council discussed the wording of the joint powers agreement concerning provisions on approval of de- velopment in downtown San Bernardino. - 11 - 4/18/83 . . council Member Hernandez made a substitute motion, seconded by Council Member castaneda, that the resolution be tabled. . The motion failed by the following vote: Ayes: Members Castaneda, Hernandez. Noes: Council Members Marks, Quiel, Hobbs, Strickler. Absent: None. Council Reilly, Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the resolution be con- tinued to Monday, May 9, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. WAIVE READINGS - ORDINANCES The City Clerk read the titles of all the ordinances on the agenda. Council Member Hobbs made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the first and final read- ings of all the ordinances on the agenda be waived. . ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE NO. MC-255 RELATING TO CHANGE OF ZONE PETITION NO. 82-28, A RECTANGULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 1.2 ACRES HAV- ING A FRONTAGE OF APPROXIMATELY 350 FEET ON THE SOUTH SIDE OF MARSHALL BOULEVARD AND BEING LOCATED APPROXIMATELY 300 FEET WEST OF THE CENTER LINE OF STERLING AVENUE; AND CORRECTING THE LEGAL DESCRIP- TION THEREIN. FIRST (35) Council Member Reilly made a motion, seconded by Council Member Castaneda and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE REZONING A CERTAIN PARCEL OF LAND, AMEND- FIRST ING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNAR- DINO MUNICIPAL CODE (PETITION NO. 83-1, A RECTANGU- LARLY-SHAPED PARCEL OF LAND HAVING A FRONTAGE OF AP- PROXIMATELY 50 FEET ON THE EAST SIDE OF BELLE STREET AND BEING LOCATED APPROXIMATELY 285 FEET NORTH OF THE CENTER LINE OF 21ST STREET). (36) . Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final passage. COUNCIL MEMBERS REILLY AND HERNANDEZ EXCUSED Council Members Reilly and Hernandez were excused from the Council Meeting. ORD. MC-266 - ORDINANCE OF THE CITY OF SAN BERNAR- FINAL DINO AMENDING SECTIONS 6.24.150 AND 6.24.160 OF THE SAN BERNARDINO MUNICIPAL CODE TO INSTITUTE AN ADOP- TION SERVICE FEE FOR DOGS AND CATS, TO DECREASE THE DISPOSAL FEE FOR DOGS AND CATS, TO INCREASE THE FEE FOR ANIMALS SOLD FOR RESEARCH, AND TO REQUIRE ACCRED- ITATION BY THE AMERICAN ASSOCIATION FOR ACCREDITATION OF LABORATORY ANIMAL CARE FOR RESEARCH ANIMAL SALES. (37) Council Member Strickler made a motion, seconded by Council Member Hobbs, that said ordinance be adopted. . Ordinance MC-266 was adopted by the following vote: Ayes: Council Members Castaneda, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: Council Members Reilly, Hernandez. - 12 - 4/18/83 . . . ORD. MC-267 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO 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. FINAL (38) Council Member Strickler made a motion, seconded by Council Member Hobbs, that said ordinance be adopted. Ordinance MC-267 was adopted by the following vote: Ayes: Council Members Castaneda, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: Council Members Reilly, Hernandez. GENERAL REPORTS AND CORRESPONDENCE Council Member Castaneda made a motion, seconded by Member Hobbs and unanimously carried, that the following filed: Council items be (39) a. Civil Service Eligibility Lists for: Kitchen Helper - Open Park Maintenance Leadperson - Open & Promotional . b. Amended application of Pacific Telephone before the Public utilities Commission for mobile tele- phone service rates. c. Two alcoholic beverage control applications for the following transferred licenses: Eui E. Yoon, dba M.P.I. Mini Mart 1602 West High- land Avenue Off Sale Beer & Wine Dennis H. Miller & Damon 371 West High- D. Goldman dba San Ber- land Avenue nardino Recreational Center Off Sale Beer & Wine COUNCIL MEMBERS REILLY AND HERNANDEZ RETURNED Council Members Reilly and Hernandez returned to the Council Meeting and took their place at the Council Table. . PUBLIC HEARING - DINE AND DANCE PERMIT - 324 WEST HIGHLAND AVENUE - PADDOCK This is the time and place set for a public hearing on the recommendation of denial by the Chief of Police regarding the ap- plication submitted by David Paddock for a dine and dance permit for Mr. Lee's at 324 West Highland Avenue. (5) Mayor Holcomb opened the hearing. City Attorney Prince answered questions stating that the Chief of Police has changed his recommendation from denial to approval based upon conversations with the City Attorney's Office. David Paddock was present to answer questions and stated that there were no unpaid bills or judgements against him. Ben Gonzales, Police Chief, was present to answer questions. Council Member Castaneda made a motion, seconded by Council Member Reilly, that the application of David N. Paddock for a dine and dance license for Mr. Lee's, 324 West Highland Avenue, be approved. . The motion carried by the following vote: Members Castaneda, Reilly, Marks, Quiel, Hobbs, None. Absent: None. Abstain: Council Member Ayes: Council Strickler. Noes: Hernandez. - 13 - 4/18/83 . . . APPROVAL FOR DINE AND DANCE APPLICATIONS Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, to direct the City Attorney to work with the Legislative Review Committee on reviewing the current applicable ordinances in this matter (dine and dance ap- proval) or cases of this kind and come back to the Council with recommendations for broadening the scope of said ordinances. REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Redevelopment Agency was called to order 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 AND JOINT DEVELOPMENT AGREEMENT In a memorandum dated March 30, 1983, Gary Van Osdel, Execu- tive Director of the Redevelopment Agency, requested authorization to draft a disposition and joint development agreement between the City and the Economic Development Council for the sale and de- velopment of the Metcalf property. . Gary Van Osdel, Executive Director of the Redevelopment Agency, answered questions. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that staff be authorized to draft a disposition and joint development agreement between the City and the Economic Development Council (EDC) for sale and development of the Metcalf property. SET PUBLIC HEARING - PROPOSED 1983-84 STATEI1ENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the Mayor and Common Council set a public hearing on the City's proposed statement of community Development Objectives and Projected Use of Funds for the Council meeting of May 23, 1983, at 11:00 a.m., and that the City Clerk be instructed to publish the statement as a display ad with the notice of public hearing. . Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, to refer the proposed state- ment of Community Development Objectives and Projected Use of Funds to the Ways and Means Committee for consideration before the May 23, 1983 public hearing. COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. BALLARD FIELD CONSTRUCTION - NUNEZ PARK - CHANGE ORDER NO. TWO - STANLEY E. NELSON In a memorandum dated April 13, 1983, Roger Hardgrave, Director of Public Works/City Engineer, recommended that Change Order No. Two to the contract with Stanley E. Nelson for comple- tion of the restroom/announcer's booth at Nunez Park, be approved. (S3) . Council Member Castaneda made a motion, seconded by Council Member Hernandez and unanimously carried, that Change Order No. Two to the contract with Stanley E. Nelson for completion of a restroom/announcer's booth at Ballard Field in Nunez Park, in accordance with Plan No. 6315, be approved; to direct the con- tractor to furnish and install a contactor, relocate plumbing fitting and remove bolts, at an increase of $1,158.42 in the con- tract price, from $24,831.00 to $25,989.42. - 14 - 4/18/83 . . . RECESS MEETING At 11:10 a.m., Council of the City sion for discussion litigation. - CLOSED SESSION the Regular Meeting of the Mayor and Common of San Bernardino recessed for a Closed Ses- on employer/employee relations and pending (Sl) 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, and Joe Canton, Personnel Director. . ADJOURN CLOSED SESSION At 11:30 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 11:30 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, Strickler: City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. . DELINQUENCY OF PAYMENTS - VANIR RESEARCH COMPANY - 85 PARKING SPACES WITHIN FIVE-LEVEL PARKING STRUCTURE - PENNEY'S BUILDING - FIFTH AND "E" STREETS A memorandum dated April 15, 1983 was received from Gary Van Osdel, Executive Director of the Redevelopment Agency, requesting authorization to serve a notice of default and notice to quit to Vanir Research Company for nine months delinquency in payments for 85 parking spaces within the five-level parking structure. Also presented was a letter dated April 15, 1983 from the Execu- tive Director of the Redevelopment Agency regarding delinquency of payments on the Penney's Building at Fifth and "E" Streets. Mr. Frank Dominguez was present and spoke regarding the de- linquency in payments. After discussion, Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that staff be directed to prepare the appropriate resolution or or- dinance covering delinquency of payments and collection of pen- alties and/or interest on delinquent payments. . STATUS REPORT - REVISED DISPOSITION AND JOINT DEVELOP- MENT AGREEMENT - COURT AND "E" STREET PROPERTY - VANIR RESEARCH COMPANY Bill Flory, Agency Counsel, recommended in a memorandum dated April 15, 1983, that a new agreement be made with Frank Dominguez regarding the Court and "E" Street property. Mr. Flory stated in his memorandum that the old agreement must be rescinded and a new one adopted in order to accept the Commission's counter-offer re- garding the Court and "E" Street property. - 15 - 4/18/83 . . . Mr. Frank Dominguez explained his objections to the terms of the Disposition and Joint Development Agreement for the Court and "E" Street property. After discussion, Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that this matter be continued to Monday, May 9, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and that Agency Counsel Bill Flory and staff be directed to get together with Frank Dominguez and his attorney to sit down and iron out the differences and be prepared to come back to the next Council Meeting; and that Mr. Dominguez be given additional time (to May 15, 1983) to sign the agreement. Mayor Holcomb spoke regarding a commitment by Mr. Dominguez to exercise his option regarding 122 parking spaces in Parking District Lot No. One. . Mr. Frank Dominguez was present to answer questions. Mr. David Stringer, attorney for Mr. Dominguez, stated that an option is not binding unless a notice has been given that an option is being exercised. Council Member Hobbs made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that this matter be continued to Monday, May 9, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PLANNING COMMISSION RECOMMENDATION - CONTINUED FROM MARCH 24, 1983 This is the time and place continued to for the following Planning Commission recommendation: . That the applications for Tentative Tract Nos. 11232, 12013, 12014 and Conditional Development Permit No. 1168, Ned Cohan and Associates, owner, to establish a 140 lot large-scale neighborhood housing project in the R-3-2000 Multiple Family Residential zone on a rectangularly-shaped parcel of land consisting of approximately 20.58 acres having a frontage of ap- proximately 1,320 feet east of the centerline of Sterling Avenue, be recommended for denial, based on findings of fact. (40) Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that the item be con- tinued to Monday, May 9, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. . - 16 - 4/18/83 . . . . . . ADJOURN MEETING At 12:22 p.m., Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the meeting adjourn to Monday, April 25, 1983, at 2:30 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. City Clerk Approved the 9th of May, 1983. Mayor of the City of San Bernardino - 17 - 4/18/83