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HomeMy WebLinkAbout01-17-1983 Minutes . . City of San Bernardino, California . January 17, 1983 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 9:00 a.m., on Monday, January 17, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Dr. Alan Rosenberg, Pastor of the Christian and Missionary Alliance Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Hobbs. . ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Reilly, Hernandez, Marks, HObbs, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Members Castaneda, Quiel. RESOLUTION OF COMMENDATION - CRAFTON HILLS COLLEGE Dave Light, Executive Assistant to the Mayor, read a resolu- tion commending Crafton Hills College. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the resolution be approved. The resolution of commendation was accepted by Dr. Donald Singer, President of Crafton Hills College. COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. . LIONEL E. HUDSON PARK CONSTRUCTION - CHANGE ORDER NO. TWO - CHALLENGE ENGINEERING, INC. In a memorandum dated January 7, 1983, C. Glenn Wilson, Director of Public Works/City Engineer, recommended that Change Order No. Two to the contract with Challenge Engineering, Inc., to encase the roof trusses in the pavilion at the Lionel E. Hudson (Shandin Hills) Park, be approved. (2) Council Member Reilly made a motion, seconded by Council Member Marks and unanimously carried, that Change Order No. Two, to the contract with Challenge Engineering, Inc. for construction of Lionel E. Hudson (Shandin Hills) Park, in accordance with Plan No. 6124, be approved; to authorize encasement of the open roof trusses, for a net increase in the contract price of $2,760.00 from $267,394.72 to $270,154.72. CLAIMS AND PAYROLL Council Member Reilly 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: (5) 1. Approve the register of demands dated: . December 28, 1982 January 5, 1983 #82/83 #82/83 $801,516.93 $295,225.46 2. Approve a supplement to the total gross payroll for the period November 29, 1982 through December 12, 1982, in the amount of $3,259.53. . . COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and 4t took his place at the Council Table. COUNCIL MEMBER QUIEL ARRIVED Council Member Quiel arrived at the Council Meeting and took his place at the Council Table. APPROVE MINUTES - JANUARY 4, 1983 Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 4th of January, 1983, as submitted in typewritten form. (1) FOURTH WARD EXPENDITURE - CONVERSION OF LIGHTS - NEWMARK LITTLE LEAGUE FIELD Annie Ramos, Director of Park and Recreation, recommended in a memorandum dated January 7, 1983 that an expenditure of $3,000 from the Fourth Ward Park Extension Account be authorized for the conversion of lights on the Newmark Little League Field. (3) . Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the Park and Recrea- tion Department be authorized $3,000 from Park Extension Ward Account No. 41-460-694 for the conversion of lighting at Newmark League. COUNCIL PERSONNEL COMMITTEE REPORT - CURRENT ELIGI- BILITY LISTS - REQUESTS TO FILL POSITIONS - PERSONNEL ACTIONS Council Member Hobbs, Chairman of the Council Personnel Committee, presented the Council Personnel Committee minutes of their January 11, 1983 meeting where the Committee recommended approval of the current eligibility list for Identification Tech- nician in the Police Department, establishment of an eligibility list for Maintenance Plumber in Public Buildings, requests to fill several positions and the personnel actions. (4) Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the report on the Council Personnel Committee meeting of January 11, 1983 be filed. . PERSONNEL ACTIONS City Administrator Matzer Susan Gonzales was retroactive paperwork. explained that the appointment of to November 16, 1982 due to lost (6) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the Personnel Actions submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino, be approved and ratified as follows: APPOINTMENTS Mayor's Office Susan M. Gonzales - Intermediate Typist Clerk Effective November 16, 1982 Public Buildings William Kemp - Custodian Effective January 18, 1983 . Public Services/Street Laszlo P. Fogassy - Abatement Coordinator Effective January 18, 1983 - 2 - 1/17/83 . . . . . . TEMPORARY APPOINTMENTS Park and Recreation Rudy J. Hernandez - Groundsman Effective January 10, 1983 Donald J. Stubbs - Groundsman Effective January 10, 1983 Police Department Ricky J. Cartony - Law Enforcement Trainee Effective January 24, 1983 Paul Pancucci - Law Enforcement Trainee Effective January 24, 1983 Vernall D. Townsend - Law Enforcement Trainee Effective January 24, 1983 ~ublic Buildings Kenneth J. Boyd - Security Officer Effective January 4, 1983 Kenneth R. Brander - Security Officer Effective December 21, 1982 Leonard M. Horton - Custodial Aide I Effective January 18, 1983 Arlene Kwock - Security Officer Effective January 18, 1983 J. Steven Salaiz - Security Officer Effective January 18, 1983 Clifford F. Scoggins - Security Officer Effective January 4, 1983 Michael waid - Custodial Aide I Effective January 18, 1983 PROMOTIONAL APPOINTMENTS Police Department Ronald S. Schwenka - Police Officer to Detective Effective January 18, 1983 Public Buildings Robert Saterfield - Custodial Aide II to Custodial Aide III - Effective January 18, 1983 LEAVE OF ABSENCE REINSTATEMENT CETA Administration Mark B. Smith - Staff Analyst III From December 1, 1982 to January 3, 1983 Park and Recreation Junior D. Brown - Assistant Tree Trimmer From January 3, 1983 to April 6, 1983 Police Department Mary T. Alvord - Intermediate Typist Clerk From October 28, 1982 to January 17, 1983 - 3 - 1/17/83 . . . CALIFORNIA HOTEL RESTORATION PROCESS - ROBERT A. SCHAEFER CONSTRUCTION COMPANY - CONTINUED FROM DECEMBER 20, 1982 This is the time and place continued to for a request from Robert E. Schaefer of the Robert A. Schaefer Construction Com- pany, for discussion on his restoration process for the Cali- fornia Hotel. (7) At the Council Meeting of December 20, 1982, the City Attor- ney was directed to prepare the necessary ordinance for all un- reinforced masonry buildings which would adopt the Los Angeles Building Code with a requirement that anyone proceeding under that code must first obtain a conditional use permit. Mayor Holcomb cautioned the Council regarding speaking about this matter in open session as a legal case may be pending. Mr. Robert E. Schaefer presented a copy of a letter dated December 21, 1982 written to Frank Schuma, Planning Director, and stated that he would like an answer in writing from the Planning Director. . The Mayor and Common Council agreed to hold this matter over until the closed session. LEGISLATIVE REVIEW COMMITTEE REPORT - OFF-STREET PARKING - PARKING DISTRICT - CONTINUED FROM OCTOBER 4, 1982 This is the time and place continued to for adoption of the following ordinance: (8) ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.56.210 OF THE SAN BERNARDINO MUNICIPAL CODE TO IMPOSE PARKING REQUIREMENTS IN THE PARKING DISTRICT FOR ANY NONCONFORMING STRUCTURE OF USE VACATED FOR 180 DAYS. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the ordinance be re- ferred to the Legislative Review Committee. COUNCIL MEMBER CASTANEDA ARRIVED Council Member Castaneda arrived at the Council Meeting and took his place at the Council Table. . COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. PUBLIC HEARING - REVOCATION OF LIBERTY TV CABLE, INC. FRANCHISE - CONTINUED FROM DECEMBER 6, 1982 This is the time and place continued to for a public hearing on the revocation of the franchise granted to Liberty TV Cable, Inc. (9) City Attorney Prince recommended that the matter be continued to February 7, 1983. Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the hearing be con- tinued to Monday, February 7, 1983, at 9:30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and . took his place at the Council Table. - 4 - 1/17/83 . . . . . . ACQUISITION OF PROPERTY - 39TH STREET AND GOLDEN AVE- NUE - MITCHELL ELEMENTARY SCHOOL SITE In a memorandum dated January 6, 1983, John Matzer, City Administrator, requested authorization to make a formal offer to the San Bernardino City Unified School District for the acquisi- tion of the former Mitchell Elementary School site located at the northwest corner of 39th Street and Golden Avenue for a potential park site. (10) City Administrator Matzer answered questions regarding the sources of funding. Council Member Marks made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the City Administrator be authorized to make a formal offer to the San Bernardino City Unified School District for the acquisition of property located at the northwest corner of 39th Street and Golden Avenue (formerly the Mitchell Elementary School site) for a potential park site. TOWING CARRIER REQUIREMENTS - CALIFORNIA VEHICLE CODE PROVISIONS - PROOF OF CONVENIENCE AND NECESSITY Lee Gagnon, Acting Secretary of the Franchise Bureau, recom- mended in a memorandum dated January 6, 1983, that the Municipal Code Section regulating towing carriers be amended to include a provision that towing vehicles shall be rated at a minimum of one ton capacity and to be maintained in compliance with the Califor- nia Vehicle Code and that the Municipal Code be amended to in- clude a provision that towing carriers be required to show proof of the existence of public convenience and necessity as a pre- requisite to being placed on the rotation list. (11) City Attorney Prince recommended that the proposed pro- vision that towing carriers be required to have proof of exis- tence of public convenience and necessity as a prerequisite to being placed on the rotation list not be included in the amend- ments to the Municipal Code as it might create antitrust viola- tion. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the proposed amend- ments to the Municipal Code be continued to Monday, February 7, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. LICENSING OF CONCESSIONAIRES - NATIONAL ORANGE SHOW In a memorandum dated January 7, 1983, Shauna Clark, City Clerk, requested definite direction from the Council regarding the licensing of vendors at the National Orange Show. The City Clerk stated in the memorandum that this matter was referred to the Legislative Review Committee at the Council Meeting of Sep- tember 7, 1982, but has not been resolved. (12) The City Clerk answered questions stating that the Business License Division would be licensing carnivals and midway conces- sions and vendors within the industrial building. Council Member Quiel made a motion, seconded by Council Mem- ber Hobbs and unanimously carried, that the Business License Division be instructed to proceed with the licensing of vendors not under the direct control of the National Orange Show. RENTAL OF CONVENTION CENTER ROOMS - ENGLISH ENTER- PRISES, INC. A memorandum dated January 7, 1983 was received from Martha Johnson, Convention Center Manager, requesting authorization to rent the upper level room 2 and 3 to English Enterprises, Inc., at the rate of 409 per square foot per month, during the con- struction of the downtown hotel. (13) - 5 - 1/17/83 . . . . . . Mayor Holcomb stated that English Enterprises would have a key in order to gain access after hours. A memorandum dated January 17, 1983 was received from Martha Johnson, Convention Center Manager, summarizing the rental revenue derived from Rooms 2 and 3 during the 1982 calendar year. Mayor Holcomb stated that Mr. English will be furnishing his own custodial and telephone service. Council Member Hobbs made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the Convention Center Manager be authorized to rent Rooms 2 and 3 - Upper Level to English Enterprises, Inc. (inclusive of those stipulations set forth in the memorandum from the Convention Center Manager dated January 7, 1983) at the rate of 409 per square foot, per month, and that English Enterprises, Inc. be permitted to install two walls and new door locks in the same rooms at no cost to the City. PROPOSED CITY CHARTER AMENDMENT - ELECTIONS - ONE CANDIDATE NOMINEE Mayor Holcomb presented a request in a memorandum dated January 7, 1983 to discuss the feasibility of amending the City Charter to comply with Section 22843.5 of the Election Code allow- ing the City to appoint to the office the person who has been nominated when only one candidate has filed by the time of closing of nominations. In the event of a write-in candidate, if the governing body of the City makes an appointment as provided in Election Code Section 22844, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after 5:00 p.m. on the 50th day prior to the election. (14) The City Clerk answered questions regarding cost savings. Council Member Strickler made a motion, seconded by Council Member Hobbs, to refer to the City Attorney to prepare a Charter amendment to be submitted to the voters at the next City-wide election. The motion carried by the following vote: Members Reilly, Quiel, Hobbs, Strickler. Noes: Castaneda, Hernandez, Marks. Absent: None. Ayes: Council Council Members WAYS AND MEANS COMMITTEE REPORT - SELLING OF CITY AND AGENCY OWNED PROPERTIES AT PUBLIC AUCTION - MEADOWBROOK BOXING PROGRAM - TREE PLANTING POLICY - ACKNOWLEDGEMENT OF COMMISSION MEMBERS FOR SERVICE Council Member Hobbs, Chairman of the Ways and Means Commit- tee, presented the Ways and Means Committee minutes of their January 10, 1983 meeting where the following items were discussed: (15) The request from Auction Realty Mart of San Bernardino County to sell City-owned and Agency-owned properties at public auction. A request for co-sponsorship of the Meadowbrook Boxing Program for one year. A report concerning contracting tree trimming service as opposed to maintaining a City tree trimming crew. A pOlicy to acknowledge commission members for their service rendered to the City. City Administrator Matzer requested that the request for co- sponsorship of the Meadowbrook Boxing Program be referred back to the Ways and Means Committee. - 6 - 1/17/83 . . Council Member Hobbs made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the co-sponsorship of the Meadowbrook Boxing Program be referred back to the Ways and Means Committee. . LEGISLATIVE REVIEW COMMITTEE REPORT - MINIMUM DEVELOP- MENT CRITERIA REVISION Council Member Strickler, Chairman of the Legislative Review Committee, presented the Legislative Review Committee minutes of their January 6, 1983 meeting where a proposed amendment to the Municipal Code regarding development criteria for Single-Family Residential zoning was recommended for approval. (16) Chairman Strickler spoke regarding changes suggested by the Legislative Review Committee to the proposed amendment to the Municipal Code, which would revise lot sizes. The Planning Director stated that a corrected version had not been prepared as he has not received direction to that effect. He stated that he has received a memorandum on substandard lots, but nothing on the R-1-6,000. Council Member Strickler made a motion, seconded by Council Member Quiel, that the matter be continued to February 7, 1983 for preparation of the proposed amendment to the Municipal Code as recommended by the Legislative Review Committee and for pre- . sentation in final form. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Quiel, Hobbs, Strickler. Noes: Coun- cil Members Hernandez, Marks. Absent: None. LEGISLATIVE REVIEW COMMITTEE REPORT - COUNTY JOINT POWERS AGREEMENT The Legislative Review Committee also recommended adoption of the proposed Joint Exercise of Powers Agreement with the County of San Bernardino. (16) . It was explained that the Joint Powers Agreement would bene- fit the City by allowing input by the County concerning develop- ment of downtown San Bernardino, increasing the financing capa- bilities of the City, and providing a forum. Council Member Quiel made a motion, seconded by Council Mem- ber Hobbs, to approve the Joint Powers Agreement with the follow- ing amendments: Page 3: Delete the words "initially, the three mem- bers which include W. R. 'Bob' Holcomb, Mayor, Council Member Jack Strickler and Jack Kelly as a community representative." Page 4, Item 7, paragraph 2: Delete the words "Members one and two hold office indefinitely" and revise it to state that Member One (which is the County Member) shall hold office as long as they are a member of the County Board of Supervisors." In the following sentence under Item 7, revise the words "Members 3-7..." to read "Members 2-7...". Page 4, Subsection 7, first sentence shall read: "A Community representative, appointed by members one through six by a majority of those voting, who shall serve at the pleasure of those voting." . After discussion, Council Member Quiel made a substitute motion, seconded by Council Member Hobbs, that the Joint Powers Agreement and recommended amendments be referred to the City Attorney for preparation in final form and presentation to the Council on Monday, February 7, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Members Reilly, Marks, Quiel, Hobbs, Strickler. Members Castaneda, Hernandez. Absent: None. Ayes: Noes: Council Council - 7 - 1/17/83 . . . . . . EARTHQUAKE HAZARD REDUCTION - LOS ANGELES ORDINANCE Ralph Prince, City Attorney, stated in a memorandum dated January 12, 1983 that his office has obtained Los Angeles Ordi- nance Division 68, Earthquake Hazard Reduction in Existing Build- ings, applicable to unreinforced masonry buildings. He stated in the memorandum that the draft ordinance similar to the Los Angeles Ordinance, for Council adoption, should be completed by this date but it will be necessary that findings by Public Resources Code Section 21081 be made and environmental review proceedings be instituted concerning this ordinance. (17) The Council agreed to hold this matter over until after the Closed Session discussion on the California Hotel. NEIGHBORHOOD ADVISORY COMMITTEE - MITCHELL SCHOOL SITE Council Member Marks presented a memorandum dated January 12, 1983 requesting that a Neighborhood Advisory Committee be estab- lished for the purpose of providing citizen input in the develop- ment of plans for conversion of the Mitchell School property into a City park. (18) Mayor Holcomb expressed concerns regarding the cost of using staff time for this advisory committee. council Member Marks agreed that the committee would be limited to seven members. Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the City Attorney be in- structed to prepare an appropriate resolution establishing a Neighborhood Advisory Committee for the purpose of advising in development of plans for conversion of the Mitchell School site into a City park for use by the residents in the area. WAIVE READINGS - RESOLUTIONS The City Clerk read the title of all the resolutions on the agenda. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that further reading of all the resolutions on the agenda be waived. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING TERMINATION OF TIMBER RIGHTS. (1525 East Bonita Vista Drive) (Continued from January 4, 1983) (20) Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that the resolution be continued to Monday, February 7, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 83-5 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A FOURTH AMEND- MENT TO AGREEMENT WITH WESTVIEW PUBLICATIONS, INC., RELATING TO AN EXTENSION OF TIME TO SECURE ADVER- TISING AND COMPLETION OF THE VISITOR'S GUIDES, BROCHURES AND MAPS. (21) Council Member Hernandez made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-5 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. RES. 83-6 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO ACCEPTING TERMINATION OF THE POLICE FIREARMS TRAINING CONSULTANT EFFECTIVE FEBRUARY 2, 1983. (22) Council Member Hernandez made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-6 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. - 8 - 1/17/83 . . . RES. 83-7 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT TO E-Z AUTOMATED SYSTEMS, INC., FOR INSTALLATION OF AUTOMATIC DOORS FOR THE CITY HALL LOBBY. (25) Council Member Hernandez made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-7 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. RES. 83-8 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 82-383; AND INCREASING THE AMOUNT FROM $25,000 TO $50,000 TO PAY FOR SER- VICES OF SPECIAL COUNSEL, RICHARD R. TERZIAN OF BURKE, WILLIAMS & SORENSON, IN THE MATTER OF LIBERTY TV CABLE, INC. (23) City Attorney Prince answered questions regarding the costs of legal services in the Liberty TV Cable matter. Council Member Quiel made a motion, seconded by Council Mem- . ber Reilly, that said resolution be adopted. Resolution No. 83-8 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. RES. 83-9 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PARTICIPATION WITH SAN BERNARDINO ASSOCIATED GOVERN- MENTS RELATING TO PREPARATION OF THE ROUTE 30 IMPLE- MENTATION PLAN. (26) Council Member Quiel made a motion, seconded by Council Mem- ber Reilly, that said resolution be adopted. Resolution No. 83-9 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. . Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the transfer of $15,000 from Account No. 42-510-410 (Improvements - Major Streets) to Account No. 42-510-491 (Route 30 Implementation Plan), be ap- proved. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that Mayor W. R. 'Bob' Holcomb be designated as the Agency Representative, and Robert R. Wirts, Traffic Engineer, be designated as the Technical Representative for the Route 30 Implementation Plan. RES. 83-10 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT TO TIDE AND TURF LANDSCAPE FOR MAINTENANCE OF LANDSCAPING ON PORTIONS OF KEN- DALL DRIVE IN ASSESSMENT DISTRICT NO. 951. (27) City Administrator Matzer answered questions explaining that City staff is comparing the cost of contracting for landscape services to using City forces. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly, that said resolution be adopted. . . Resolution No. 83-10 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. - 9 - 1/17/83 . . . RES. 83-11 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 6 (REVISION 2) TO LOCAL AGENCY-STATE AGREEMENT NO. 08-5033 FOR LOCAL AGENCY FEDERAL-AID SAFETY IM- PROVEMENT PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION; AND REPEALING RESOLUTION NO. 13525. (Automatic gates, Rialto Avenue and "I" Street, Grade Crossing) (28) Council Member Quiel made a motion, seconded by Council Mem- ber Reilly, that said resolution be adopted. Resolution No. 83-11 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. RES. 83-12 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT TO TIDE AND TURF LANDSCAPE FOR MAINTENANCE OF LANDSCAPING ON PORTIONS OF STATE COLLEGE PARKWAY, COLLEGE AVENUE, 48TH STREET, KEN- DALL DRIVE, NORTHPARK BOULEVARD AND LITTLE MOUNTAIN DRIVE IN ASSESSMENT DISTRICT NO. 952. (29) . Council Member Quiel made a motion, seconded by Council Mem- ber Reilly, that said resolution be adopted. Resolution No. 83-12 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. RES. 83-13 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT TO L. BARRIOS AND ASSOCI- ATES FOR MAINTENANCE OF LANDSCAPING ON PORTIONS OF 16TH STREET, BETWEEN MUSCOTT STREET AND CALIFORNIA STREET, IN ASSESSMENT DISTRICT NO. 953. (30) Council Member Quiel made a motion, seconded by Council Mem- ber Reilly, that said resolution be adopted. Resolution No. 83-13 was adQpted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. . WAIVE READINGS - ORDINANCES The City Clerk read the titles of all the ordinances on the agenda. Council Member Strickler made a motion, seconded by Member Marks and unanimously carried, that the first and readings of all the ordinances on the agenda be waived. Council final ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER l8.40 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO SUBDIVISIONS TO PROVIDE THAT IN ADDI- TION TO OTHER REQUIRED DEDICATIONS, SUBDIVIDERS SHALL DEDICATE OR MAKE IRREVOCABLE OFFER OF DEDICA- TION OF UNDERGROUND CONDUIT FOR CABLE TELEVISION SERVICE, AND TO REQUIRE THAT EASEMENTS FOR UNDER- GROUND LATERAL CONNECTIONS BE PROVIDED. (First reading) (31) Pursuant to the recommendation of City Administrator Matzer, Council Member Hernandez made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the ordinance be referred . to the Community Television Commission. - 10 - 1/17/83 . . . ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SEC- TION 18.40.225 PERTAINING TO CABLE TELEVISION, AND REQUIRING THAT UNDERGROUND CONDUIT BE PROVIDED WITH- IN THE PUBLIC RIGHT-OF-WAY AND DEDICATED TO THE CITY WITHIN RESIDENTIAL SUBDIVISIONS. (First reading) (32) Pursuant to the recommendation of the City Administrator, Council Member Hernandez made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the ordinance be referred to the Community Television Commission. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.48 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO ZONING TO REQUIRE PROVISION FOR DEDI- CATION OF NECESSARY RIGHT-OF-WAY FOR STREET AND HIGHWAY PURPOSES, OF UNDERGROUND CONDUIT AND CABLE FOR CABLE TELEVISION SERVICE, AND FOR IMPROVEMENT OF PORTION OF STREET AND/OR RIGHT-OF-WAY. (First reading) (33) Pursuant to the recommendation of the City Administrator, Council Member Hernandez made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the ordinance be referred . to the Community Television Commission. COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. 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 BER- NARDINO MUNICIPAL CODE (PETITION NO. 82-24, GENERALLY DESCRIBED AS A RECTANGULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 57.8 ACRES LOCATED ON THE SOUTH SIDE OF MILL STREET BETWEEN EUCALYPTUS AVENUE AND PEPPER AVENUE) . (34) Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final passage. . COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and took his place at the Council Table. ORD. MC-246 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING SECTION 18.40.130 OF THE SAN BERNAR- DINO MUNICIPAL CODE TO REQUIRE THAT CUL-DE-SACS BE CONSTRUCTED IN ACCORDANCE WITH STANDARDS ESTABLISHED BY THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER. FINAL (35) Council Member Castaneda made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-246 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. . ORD. MC-247 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNAR- DINO MUNICIPAL CODE (PETITION NO. 82-23, A RECTAN- GULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXI- MATELY .44 ACRE HAVING A FRONTAGE OF APPROXIMATELY 45 FEET ON THE EAST SIDE OF TIPPECANOE AVENUE AND BEING LOCATED APPROXIMATELY 480 FEET SOUTH OF THE CENTER LINE OF BASE LINE STREET). FINAL (36) - 11 - 1/17/83 . . Council Member Castaneda made a motion, seconded by Council Member Reilly, that said ordinance be adopted. . Ordinance MC-247 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. ORD. MC-248 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNAR- DINO MUNICIPAL CODE (PETITION NO. 82-26, A RECTAN- GULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXI- MATELY 2.38 ACRES HAVING A FRONTAGE OF APPROXIMATELY 220 FEET ON THE SOUTH SIDE OF PUMALO STREET AND BE- ING LOCATED APPROXIMATELY 580 FEET EAST OF THE CENTER LINE OF DEL ROSA AVENUE). FINAL (37) Council Member Castaneda made a motion, seconded by Council Member Reilly, that said ordinance be adopted. . Ordinance MC-248 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. ORD. MC-249 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO PROVIDING ZONING DESIGNATION R-1-5 ACRE SINGLE- FAMILY RESIDENTIAL FOR CERTAIN DESCRIBED PROPERTY CURRENTLY PENDING ANNEXATION TO THE CITY OF SAN BER- NARDINO (PREZONE, AN IRREGULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 77 ACRES LOCATED GENERALLY NORTH OF SAN BERNARDINO STATE COLLEGE AND EAST OF DEVIL'S CANYON). FINAL (38) Council Member Castaneda made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-249 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. GENERAL REPORTS AND CORRESPONDENCE Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the following . items be filed: (39) a. Civil Service Eligibility Lists for: Fire Captain - Department promotional Identification Technician - Police Department - Open b. Letter dated January 3, 1983 from Assemblyman Bill Leonard thanking the City of San Bernardino for a copy of Resolution No. 82-494 urging legislation to require reimbursement of affected communities of all costs associated with locations of prisons and requesting support from other communities. . c. Extract of the minutes of the Board of Supervisors meeting of January 3, 1983. supporting the City of San Bernardino resolution urging legislative requirement for reimbursements of local government cost resulting from location of prisons. d. Two alcoholic beverage control applications for the following new and transferred licenses: New Moraga Corporation dba Moraga/La Mesa Stations 1545 West Fifth Street Off Sale Beer & Wine - 12 - 1/17/83 . . . Transferred The Southland Corpora- tion dba 7-Eleven Food Store #2131-13954 2384 Arden Avenue Off Sale Beer & Wine e. City Treasurer's Report on invested funds and interest gained - "Pooled Collateral". APPOINTMENT - HICKS - CENTRAL CITY PARKING PLACE COMMISSION Pursuant to the recommendation of Council Member Hernandez, Mayor Holcomb appointed Mr. James M. Hicks of 26180 Pumalo, to serve as a member of the Central City Parking Place Commission. (S9) Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that the appointment be confirmed. 4t WEED ABATEMENT PROGRAM - BEAUTILLION '83 - BOY SCOUTS OF AMERICA, TROOP 211 - OUR LADY OF ASSUMPTION SCHOOL - SAN BERNARDINO HIGH SCHOOL JUNIOR CLASS Applications have been received from Beautillion '83 (under the auspices of Socialites), the Boy Scouts of America, Troop 21, Our Lady of Assumption School and the San Bernardino High School Junior Class requesting permission to participate in the City's weed abatement program to earn a total of $500 each. (Sl-4) Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that weed abatement assignments be approved for Beautillion '83, Boy Scouts of America, Troop 211, Our Lady of Assumption School, and the San Bernardino High School Junior Class, in the amount of $500, and that the Director of Public Works/City Engineer be directed to contact the organization's representative and proceed with the implementation of said work assignment. . BLACK HISTORY PARADE - FEBRUARY 5, 1983 Pursuant to the recommendation of the Chief of Police, Coun- cil Member Hobbs made a motion, seconded by Council Member Castaneda and unanimously carried, that the request for the annual Black History Parade, February 5, 1983, from 9:00 a.m. to 12:00 noon, be approved, subject to the following conditions as stipu- lated in the memorandum from the Chief of Police dated January 12, 1982: (S5) 1. The parade must start on time. 2. The Street Department must supply barricades. 3. The Police Department must supply the following personnel for traffic and crowd control: a. 15 Officers for traffic control at fixed posts. b. 35 Officers for crowd control. c. 6 Traffic motor officers. d. 8 Man- M.E.T. Detail for V.I.P. security. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler was excused from the Council Meet- ing. . RES. 83-14 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFC NO. 2207. (S6) The City Clerk read the title of the resolution. - 13 - 1/17/83 . . Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of . the resolution be waived and said resolution be adopted. Resolution No. 83-14 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. DOWNTOWN PARKING - FACT-GATHERING HEARINGS - BILL LEONARD A letter dated January 10, 1983 was received from W. E. Leonard requesting that a program of parking control be imple- mented to optimize the use of the existing parking spaces in the Central Business District. He suggested in his letter that the parking problems of specific buildings be addressed now before the accumulated parking requirements of developments now in the planning stage impacts the Central Business District. (S7) . Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that this matter be referred to the Parking Place Commission to hold public hearings regarding parking in the downtown area. RES. 83-15 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT TO GOLDEN STATE ENTERPRISES FOR DEVELOPMENT AND REHABILITATION OF ENCANTO PARK. (S8) 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. 83-15 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. . RECESS MEETING - CLOSED SESSION At 10:00 a.m., the Regular Meeting of the Council of the City of San Bernardino recessed Session for discussion on pending litigation. Mayor and Common for a Closed (19) 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 being 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 Raymond Schweitzer, Deputy city Adminis- trator, Joanne Fenton, Deputy City Attorney, Jack Rosebraugh, Superintendent of Building and Safety, and Frank Schuma, Planning Director. . MAYOR HOLCOMB EXCUSED At lO:30 a.m., Mayor Holcomb was excused from the Closed Session. PLANNING DIRECTOR EXCUSED At 10:35 a.m., the Planning Director was excused from the Closed Session. - 14 - 1/17/83 . . . ADJOURN CLOSED SESSION At ll:09 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 11:09 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 being present: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel; City Attorney Prince, City Clerk Clark, City Ad- ministrator Matzer. Absent: Mayor Holcomb; Council Members HObbs, Strickler. . APPOINTMENT - REILLY - MAYOR PRO TEMPORE Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that Council Member Reilly be appointed Mayor Pro Tempore in the absence of the Mayor. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. CALIFORNIA HOTEL RESTORATION PROCESS - ROBERT A. SCHAEFER CONSTRUCTION COMPANY - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for a request from Robert E. Schaefer of the Robert A. Schaefer Construction Com- pany, for discussion on his restoration process for the Califor- nia Hotel. (7) Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the request be con- tinued to Monday, February 7, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and took his place at the Council Table. EARTHQUAKE HAZARD REDUCTION - LOS ANGELES ORDINANCE - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for discussion on the draft ordinance similar to the Los Angeles Ordinance regard- ing earthquake hazard reduction in existing buildings, applicable to unreinforced masonry buildings. (l7) Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the proposed ordinance be referred to the Legislative Review Committee. APPROVAL OF SETTLEMENT - PASSENEAU - EMERGENCY ABATE- MENT CHARGES - 5665 NORTH "D" STREET Council Member Quiel made a motion, seconded by Council Mem- ber Marks and unanimously carried, to approve the settlement of Passeneau vs. the City of San Bernardino in the sum of $3,000 for the abatement of a nuisance located at 5665 North "D" Street and order the removal of the costs of the abatement as a lien on the property. . 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. - 15 - l/l7/83 . . The Redevelopment Agency and the Community Development Com- mission acted upon their agenda items. . RES. 83-16 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE DEMOLITION OF CERTAIN BUILDINGS OR STRUCTURES LOCATED AT 1407 WEST 5TH STREET AND l430 WEST 5TH STREET, OWNED BY THE ROMAN CATHOLIC BISHOP OF SAN BERNARDINO; SAID STRUCTURES BEING LOCATED IN THE CITY OF SAN BER- NARDINO, CALIFORNIA. The City Clerk read the title of the resolution. Council Member Castaneda made a motion, seconded by Council Member Hobbs and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-l6 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. ACQUISITION OF PROPERTY - NUNEZ PARK EXPANSION In a memorandum dated January ll, 1983, Gary Van Osdel, Exe- cutive Director of the Redevelopment Agency, requested authoriza- tion to acquire additional property for the Nunez Park expansion. . Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that the Real Property Section is hereby authorized and directed to proceed with the acquisition of that certain real property west of the existing park site for the extension of Nunez Park, in accordance with established uniform policies and requirements applicable to the acquisition of real property under HUD Community Development Block Grant Funds Programs. CONVEYANCE OF PROPERTY - PORTION OF WARM CREEK CHANNEL - MEADOWBROOK CENTRAL CITY PROJECT AREA A memorandum dated January 10, 1983 was received from Gary Van Osdel, Executive Director of the Redevelopment Agency, recom- mending that the portion of Warm Creek Channel, located from Sierra Way to Athol Streets, and between Rialto Avenue and Athol Street, be conveyed to the City of San Bernardino in order to re- lieve the Redevelopment Agency of any further responsibility for any channel maintenance. . Council Member Castaneda made a motion, seconded by Council Member Hobbs and unanimously carried, to accept the conveyance of Agency owned property known as APN 136-122-78 and 136-033-27, re- ferred to as a portion of Warm Creek Channel, on behalf of the City of San Bernardino. RESOLUTION OF THE CITY OF SAN BERNARDINO DESIGNATING A DESCRIBED AREA AS A SURVEY AREA AND FINDING THAT SAID AREA REQUIRES STUDY TO DETERMINE IF A REDEVELOP- MENT PROJECT IS FEASIBLE. (North of the Central City North and Central City East Project areas, along I-IO to Highland Avenue and down Waterman Avenue) The Executive Director of the Redevelopment Agency answered questions regarding the purpose of establishing a survey area. The Council discussed the proposed survey area. Council Member Quiel made a motion to amend the resolution by interdelineation in order for the survey area to be expanded to 23rd Street to encompass both sides of Highland Avenue. . After discussion, Council Member Hernandez made a substitute motion, seconded by Council Member Reilly and unanimously carried, to continue the matter to Monday, February 7, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. - l6 - 1/17/83 . . . SET JOINT PUBLIC HEARING - SALE OF PROPERTY - SOUTH SIDE OF RIALTO AVENUE, BETWEEN "F" AND "G" STREETS - CENTRAL CITY SOUTH PROJECT AREA The Redevelopment Agency has received an offer from the Greyhound Corporation to purchase property located along the south side of Rialto Avenue, between "F" and "G" Streets. The Agency recommends that a joint public hearing be conducted to consider the sale. Gary Van Osdel, Executive Director of the Redevelopment Agency, answered questions regarding the sale price of the prop- erty. Bill Leonard of 330 North "D" Street, also answered questions stating that the property would be selling for $5.50 a square foot. The Council discussed including a provision which would give the City the right of first refusal on repurchase of the property and also discussed a soils report. . Council Member Castaneda made a motion, seconded by Council Member Quiel and unanimously carried, to set a joint public hear- ing for ll:OO a.m., on Monday, February 21, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and authorize the City Clerk to publish the appro- priate legal advertisement. SET PUBLIC HEARING - ISSUANCE OF INDUSTRIAL DEVELOP- MENT BONDS - BANK OF RED LANDS - METROPOLITAN AUTO- MOTIVE WAREHOUSE PROJECT In a memorandum dated January 13, 1983, Glenda Saul, Deputy Director of the Redevelopment Agency, stated that applications by the Bank of Redlands and the Metropolitan Automotive Warehouse for industrial development bonds have been received. She further stated in the memorandum that public hearings are necessary. Gary Van Osdel, Executive Director of the Redevelopment Agency, explained "loan to lender" revenue bonds. . Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, to set a public hearing for ll:OO a.m., on Monday, February 7, 1983, in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, Califor- nia, to consider loan to lender revenue bonds, (Bank of Redlands), Issue of 1983, and authorize the publication of notice. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, to set a public hearing for 11:00 a.m., on Monday, February 7, 1983, in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, Califor- nia, to consider City of San Bernardino Industrial Development Revenue Bonds Series 1983 A (Metropolitan Automotive Warehouse Project), and authorize the publication of notice. RES. 83-l7 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN PURCHASE CONTRACT AND SETTING A PUBLIC HEARING IN CONNECTION WITH THE ISSUANCE OF CERTAIN INDUSTRIAL DEVELOPMENT BONDS (CREATIVE ENTERPRISES, LTD.) (466-468-470 West Fifth Street) The City Clerk read the title of the resolution. . Council Member Castaneda made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. - l7 - 1/17/83 . . . Resolution No. 83-17 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that a public hearing be set for Monday, February 7, 1983, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, in connection with the issuance of industrial develop- ment bonds to Creative Enterprises, LTD. WORKSHOP - INLAND MANPOWER ASSOCIATION - JOB TRAINING PARTICIPATION ACT Council Member Hernandez presented a request to hold a work- shop to discuss the Inland Manpower Association and the Job Training Participation Act. Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that a workshop for dis- cussing the Job Training Participation Act be held on Tuesday, January 25, 1983, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . RECESS MEETING At 11:55 a.m., Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting recess until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:03 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: Council Members Reilly, Hernandez, Marks, Quiel, Strickler; City Attorney Prince, City Clerk Clark, City Adminis- trator Matzer. Absent: Mayor Holcomb; Council Members Castaneda, Hobbs. . APPOINTMENT - REI,LLY - MAYOR PRO TEMPORE Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that Council Member Reilly be appointed Mayor Pro Tempore in the absence of the Mayor. COUNCIL MEMBER HOBBS ARRIVED Council Member Hobbs arrived at the Council Meeting and took his place at the Council Table. APPEAL HEARING - VARIANCE NO. 82-18 - SOUTH SIDE OF HOSPITALITY LANE AND WATERMAN AVENUE - McKENZIE - CONTINUED FROM JANUARY 4, 1983 This is the time and place continued to for a hearing on the appeal filed by Ronald McKenzie of Heath and Company, on the Planning Commission's decision of denial of Variance No. 82-l8. The Variance would allow the installation of a sign which exceeds the maximum area and height requirements of the C-3A Limited General Commercial zone on property located on the south side of Hospitality Lane and Waterman Avenue. The appeal was continued in order to see whether or not Caltrans will trim the shrubs that would block the view of a 40 foot sign. (40) . Frank Schuma, Planning Director, stated that Mr. Hal Lee, Maintenance Engineer for Caltrans, stated that Caltrans will issue permits for the trimming of shrubs for aesthetic purposes as long as the trimming is paid for by the person who takes out the permit. - l8 - 1/l7/83 . . . Mr. Ron McKenzie of 3225 Lacy Street, Los Angeles, was present to represent Heath Sign Company and presented a letter from Mr. Hal Lee of Caltrans and a drawing showing the visability for the proposed sign. Ron Havis of H. B. Food Services, owner of Barry's Restau- rant, presented a drawing of the sign which is actually two signs on one pole and stated the City is asking one business to pay for the cost of trimming shrubs when the trimming will benefit all businesses in the vicinity. Mr. Havis stated that they had reduced the sign faces to 150 square feet but they still want the 55 foot height because of the physical constraints of the freeway. Council Member Hernandez made a motion, seconded by Council Member Marks, that the hearing be closed and that the decision of the Planning Commission be affirmed based on findings of fact. The motion failed by the following vote: Ayes: Council Members Hernandez, Marks, Hobbs. Noes: Council Members Reilly, Quiel, Strickler. Absent: Council Member Castaneda. . Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the appeal be con- tinued to Monday, February 7, 1983, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PLANNING COMMISSION REPORT Frank Schuma, Planning Director, gave the Planning Report regarding all Planning Commission matters of the meeting of January 4, 1983. The following recommendation was made: . That the application for General Plan Amendment No. 82-3, City of San Bernardino, applicant, to evaluate amending the General Plan from the current medium- low density (4-7 dwelling units per acre) residential and medium density (8-14 dwelling units per acre) residential designations to either a higher or lower residential density designation for a study area bounded by Lynwood Drive on the south, Eureka Street on the north, Mountain Avenue on the west and Del Rosa Avenue on the east and including an additional area located within approximately 400 feet of the east side of Del Rosa Avenue between Eureka Street and Marshall Boulevard, be recommended for approval of the medium density (8-14 dwelling units per acre) residential designation for the entire study area, per Figure 7 of the staff report dated December 7, 1982. (41) The Planning Director stated that the only major change in the general plan amendment concerns the area east of Del Rosa Avenue and south of Eureka Street. The Planning Commission recommends higher density of 8-l4 units per acre and the Commis- sion approved Figure 7 for General Plan Amendment No. 82-3. Courtney Buse of 3808 Osbun Road, stated that he represents seven land owners in that area east of Del Rosa Avenue and re- quested twenty units per acre density for building of apartment units. . Frank Schuma, Planning Director, answered questions stating that there was a preponderance of single-family units within the area, a commercial strip and vacant land. The reason the Plan- ning Commission recommended the 8-14 units density was because of substandard infrastructure, compatibility with surrounding units, and traffic flow. - 19 - 1/17/83 . . . Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, to approve the responses to comments and to adopt the Negative Declaration which has been reviewed and considered. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, to approve the findings of fact and the recommendation of the Planning Commission. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez, to instruct the Planning Department to initiate a change of zone application to bring all appropriate parcels in the study area into conformance with the approved general plan amendment No. 82-3. The application is to include all parcels currently zoned R-2, R-3-1200, R-3-3000, C-3A and C-3 1 and the R-1-7200 located south of Eureka Street, east of Del Rosa Avenue. After discussion concerning the change of zone process, Council Member Marks amended his motion, seconded by Council Member Hernandez and unanimously carried as follows: That the Planning Staff be directed to study the zoning in the area in conformance with the general plan and the changes made in con- junction with the property owners. . COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. RECESS MEETING - CLOSED SESSION At 3:07 p.m., Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the Regular Meeting of the Mayor and Common Council of the City of San Bernardino recess for a Closed Session for discussion on personnel matters. CLOSED SESSION The Closed Session of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Reilly 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 Pro Tempore Reilly; Council Members Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Mayor Holcomb; Council Member Castaneda. . Also present were Raymond Schweitzer, Deputy City Adminis- trator, and Ben Gonzales, Police Chief. ADJOURN CLOSED SESSION At 3:20 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 3:20 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 Pro Tempore Reilly; Council Members Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Mayor Holcomb; Council Member Castaneda. - 20 - 1/17/83 . . . . . . COMMITTEE FORMATION - RELATIONS WITH UNINCORPORATED TERRITORIES Council Member Marks presented a memorandum dated January l7, 1983, requesting that a City Council committee be established to inform the public within unincorporated territories on the ad- vantages of annexation into the City. He stated that the com- mittee would develop a policy for addressing the complexities and public law involved in resolving the issues of annexation in the valley area east of Waterman Avenue. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that the request be continued to Monday, February 7, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion failed by the following vote: Ayes: Council Members Reilly, Quiel, Strickler. Noes: Council Members Hernandez, Marks, Hobbs. Absent: Council Member Castaneda. After discussion, Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the matter be continued to the Council Meeting to be held on Tuesday, January 25, 1983, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ADJOURN MEETING At 3:40 p.m., Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting adjourn to Tuesday, January 25, 1983, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. City Clerk Approved the 7th of February, 1983. Mayor of the City of San Bernardino - 2l - l/17/83