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Home My WebLink About02-07-1983 Minutes . . City of San Bernardino, California . February 7, 1983 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb on Monday, February 7, 1983, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Reverend Charles Pilgrim, Pastor of Golden Valley Church of Christ. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Reilly. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler; City Clerk Clark, City Administrator Matzer. Absent: City Attorney Prince. . PROCLAMATION - NATIONAL ENGINEERS WEEK - FEBRUARY 20 THROUGH 26, 1983 Dave Light, Executive Assistant to the Mayor, read a proc- lamation of the Mayor of the City of San Bernardino proclaiming the week of February 20 through 26, 1983 as National Engineers Week in the City of San Bernardino. Glenn Wilson, Director of Public Works/City Engineer, accepted the proclamation. CITY ATTORNEY PRINCE ARRIVED At 9:03 a.m., City Attorney Prince arrived at the Council Meeting and took his place at the Council Table. APPROVE MINUTES - DECEMBER 23, 1982 Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 23rd of December, 1982, as submitted in typewritten form. (1) . APPROVE MINUTES - JANUARY 25, 1983 Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 25th of January, 1983, as submitted in typewritten form. (4) DINE AND DANCE APPLICATION - HERNANDEZ fu~D VASQUEZ - 1241 WEST FIFTH STREET - THE COPACABANA Pursuant to the recommendation of the Chief of Police, Coun- cil Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that the application of Javier Hernandez, 841 North "D" Street, and Ernesto Vasquez, 25586 Pasito Street, for dine and dance for The Copacabana, 1241 West Fifth Street, be approved. (5) . OUT-OF-STATE TRAVEL - JEWS - FIRE DEPARTMENT In a memorandum dated January 21, 1983, Gerald Fire Chief, recommended that Inspector Jimmy Jews be to attend a Fire Arson Investigation course given at Fire Academy in Washington, D. C., on March 14, 1983 April 1, 1983. Newcombe, authorized the National through (9) . . . Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that authorization be given for Inspector Jimmy Jews to attend the National Fire Academy in Washington, D. C., March 14 through April 1, 1983. WEED ABATEMENT PROGRAM - SAN BERNARDINO HIGH SCHOOL BASEBALL (ALUMNI TEAM), ARROWHEAD CHRISTIAN CHURCH, SAN BERNARDINO ORDER OF RAINBOWS ASSEMBLY #78 Applications have been received from the San Bernardino High School Baseball (Alumni Team), Arrowhead Christian Church, and the San Bernardino Order of Rainbows Assembly #78, requesting permis- sion to participate in the City's weed abatement program to earn a total of $500.00 each. (10) Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that weed abatement assign- ments be approved for San Bernardino High School Baseball (Alumni Team), Arrowhead Christian Church, and the San Bernardino Order of Rainbows Assembly #78, in the amount of $500, and that the Director of Public Works/City Engineer be directed to contact the organization's representative and proceed with the implementation of said work assignment. . COUNCIL PERSONNEL COMMITTEE REPORT - ELIGIBILITY LISTS - PERSONNEL ACTIONS The Council Personnel Committee minutes of the January 21, 1983 meeting was presented where the current eligibility list for Senior Field Engineer and Senior Recreation Leader was approved. Also approved was the establishment of an eligibility list and authorization to fill the position of Program Coordinator in the Convention Center and the personnel action form for Steven I. Locati, Fire Prevention Specialist. (11) Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that the report from the Council Personnel Committee be filed. CLAIMS AND PAYROLL Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, to approve demands against the City and authorize the issuance of warrants as follows: (12) 1. Approve the register of demands dated: . January 10, 1983 January 17, 1983 January 24, 1983 #82/83 #82/83 #82/83 $789,333.56 $445,487.25 $976,588.58 2. Approve the total gross payroll for the period December 13, 1982 through December 26, 1982, in the amount of $935,003.26. 3. Approve a supplement to the total gross payroll for the period December 13, 1982 through December 26, 1982, in the amount of $321.75. 4. Approve the total gross payroll for the period December 27, 1982 through January 9, 1983, in the amount of $939,767.03. 5. Approve a supplement to the total gross payroll for the period December 27, 1982 through January 9, 1983, in the amount of $74.00. . PERSONNEL ACTIONS Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that the Personnel Actions submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino, be approved and ratified as follows: (13) - 2 - 2/7/83 . . APPOINTMENTS . Conununications Kenneth R. Nelson, Sr. - Dispatcher Effective February 8, 1983 Fire Department Michael T. Alder - Fire Fighter Effective February 21, 1983 Clayton S. Bailey - Fire Fighter Effective February 21, 1983 Steven I. Locati - Fire Prevention Specialist Effective February 14, 1983 Norman E. Walters - Fire Fighter Effective February 21, 1983 REINSTATEMENT OF LEAVE OF ABSENCE . Police Department Gloria A. Hurt - Intermediate Typist Clerk From November 26, 1982 to February 28, 1983 COUNCIL MEMBER CASTANEDA EXCUSED Council Member Castaneda was excused from the Council Meeting. APPROVE MINUTES - JANUARY 14, 1983 Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, to approve the minutes of the meeting of the Mayor and Conunon Council of the City of San Bernar- dino held on the 14th of January, 1983, as submitted in typewritten form. (2) APPROVE MINUTES - JANUARY 17, 1983 Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, to approve the minutes of the meeting of the Mayor and Conunon Council of the City of San Bernar- dino held on the 17th of January, 1983, as submitted in typewrit- ten form. (3) . GAMES OF AMUSEMENT USE RESTRICTION In a memorandum dated February 4, 1983, Council Member Hernandez reconunended that the Municipal Code be amended to re- strict the hours of use of video games by school age students and to add responsibility of enforcement to the operator. He stated in his memorandum that many video games are located near schools creating an invitation for students to skip school and use their lunch money to operate these games and sometimes taking money from smaller children as they travel from home to school. (40) COUNCIL MEMBER CASTANEDA RETURNED Council Member Castaneda returned to the Council Meeting and took his place at the Council Table. Council Member Hernandez made a motion, seconded by Council Member Castaneda, that the four games of amusement applications on the agenda be denied. City Attorney Prince answered questions stating that if no reasons were given for denial, he is unable to say whether or not it is legal for the City to deny these applications. . Council Member Marks made a substitute motion that these re- quests for games of amusements be held in abeyance and that staff be instructed to work with the Legislative Review Conunittee and come up with all reports regarding the detrimental effects of video games. - 3 - 2/7/83 . . . . . . After discussion, Council Member Castaneda made a substitute motion, seconded by Council Member Reilly, that the four games of amusement applications on the agenda for Kevin and Thomas Saddler, Darryl Lewis, Ralph Sneegas, Arnold Darvin and Aloha Clairisa Carrico-Russell (Kimberly) (Items 6, 7, 8 and 20) be continued to Monday, February 21, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Quiel, Strickler. Noes: Council Mem- bers Hernandez, Marks, Hobbs. Absent: None. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the issue of a mora- torium on video games be referred to the Legislative Review Com- mittee for further hearings. OFF-SITE STREET IMPROVEMENTS - WAIVER OF PERMIT FEES - CHAPTER 27 IMPROVEMENTS, STREETS AND HIGHWAYS CODE - CONTINUED FROM JANUARY 4, 1983 This is the time and place continued to for a decision on the recommendation from the Director of Public Works/City Engineer, that the proposed amendment to the Municipal Code to provide that the fee shall be waived for improvements constructed pursuant to a Notice of Improvement issued as a part of proceedings under Chapter 27 of the Streets and Highways Code be approved. The im- provements are ordered by the City and will be a direct benefit for City activities such as street sweeping. (14) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the recommendation be continued to Friday, March 4, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEETING DATE - MARCH 1983 The Council discussed the meeting dates for the month of March. It has been the policy of the Council not to meet on the day preceeding an election. Council Member Quiel made a motion, seconded by Council Mem- ber Marks and unanimously carried, that the first Council meeting in March be held on Friday, March 4, 1983, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. JOINT POWERS AGREEMENT - COLTON - SEWER SERVICE - SOUTH OF MILL STREET, BETWEEN EUCALYPTUS AVENUE AND SOUTHERN PACIFIC RAILWAY - CONTINUED FROM JANUARY 4, 1983 This is the time and place continued to for a request from the Director of Public Works/City Engineer that the decision to pursue the joint powers agreement with Colton for sewer service be confirmed or a decision made to use lift stations. (15) Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the request be tabled. APPEAL - ABATEMENT - 400 WEST HIGHLAND AVENUE - ACKERMAN - CONTINUED FROM JANUARY 4, 1983 This is the time and place continued to for an appeal filed by Mr. Norman Ackerman on the Board of Building Commissioners order that the public nuisance located at 400 West Highland Ave- nue be abated. At the Council Meeting of January 4, 1984, Mr. Ackerman was requested to submit, prior to February 7, 1983, a report on how the building will be brought up to code. (16) City Attorney Prince stated he received a call from Mr. Ackerman requesting a continuance as he is ill and unable to attend the meeting. - 4 - 2/7/83 . . Jack Rosebraugh, Superintendent of Building and Safety, stated that he had talked to Mr. Ackerman during the week and that he told Mr. Ackerman that he needed an engineer's report. tt Council Member Quiel made a motion, seconded by Council Mem- ber Marks and unanimously carried, that the public hearing be con- tinued to the Council Meeting of March 4, 1983, and that Mr. Ackerman be instructed to have the engineer's plan on file with the Superintendent of Building and Safety by noon on February 28, 1983. SUPPORT FOR PUBLIC EDUCATION Council Member Marks presented a memorandum dated February 4, 1983, recommending that the Council endorse the efforts of the City school teachers, administrators and Board of Education in their attempt to gain greater support for public education by seeking a higher budget priority than in the past for funding public education in California. . Mayor Holcomb objected to this being an off the agenda item as the Mayor and Council have not had the opportunity to research the issues involved before hearing the request. Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that this item be continued to Monday, February 21, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. TOWING CARRIER REQUIREMENTS - CALIFORNIA VEHICLE CODE PROVISIONS - PROOF OF CONVENIENCE AND NECESSITY - CONTINUED FROM JANUARY 17, 1983 This is the time and place continued to for a recommendation from the Acting Secretary of the Franchise Bureau that the Muni- cipal Code Section regulating towing carriers be amended to in- clude a provision that towing vehicles shall be rated at a mini- mum of one ton capacity and be maintained in compliance with the California Vehicle Code. The Franchise Bureau also recommended that the Municipal Code be amended to include a provision that towing carriers be required to show proof of the existence of public convenience and necessity as a prerequisite to being placed on the rotation list. (18) . In a memorandum dated February 3, 1983, the City Attorney recommended that the Municipal Code section that requires the Mayor and Council to establish the number of towing carriers on the Police Department rotation list be repealed; that tow vehicles be rated at a minimum of one ton towing capacity, and that the proposed public convenience and necessity requirement for addi- tions to the towing carriers rotation list and references to cer- tain vehicle code sections requiring towing carriers to comply with equipment requirements be tabled. J Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, to repeal that portion of Section 5.76.550C which places a limitation on the number of tow- ing carriers on the Police Department rotation list; and add Sub- section p to Section 5.76.540 to require that tow vehicles be rated at a minimum of one ton towing capacity. . RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISH- ING A PROCEDURE FOR REVIEW AND APPROVAL OF PLANS. (Continued from December 20, 1982) (19) The Council discussed the need to distribute copies of the final draft to the Council and the departments involved. Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the resolution be continued to Monday, February 21, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. - 5 - 2/7/83 . . . CALIFORNIA HOTEL RESTORATION PROCESS - ROBERT A. SCHAEFER CONSTRUCTION COMPANY - CONTINUED FROM JANUARY 17, 1983 This is the time and place continued to for a request from Robert E. Schaefer of the Robert A. Schaefer Construction Company for discussion on his restoration process for the California Hotel. (21) Mr. Robert Schaefer spoke regarding the progress of the California Hotel but objected to the fact that he had not received an answer to a letter sent to Frank Schuma, Planning Director, concerning the conditional use permit process. Mayor Holcomb explained that the letter could not be answered at this time because Mr. Schuma did not have direction from the Council. . Mr. Schaefer requested acknowledgement of the letter. Mayor Holcomb cautioned Mr. Schaefer that he is proceeding with the remodeling of the California Hotel at his own risk, that there is no guarantee that an ordinance which will lower the standards for remodeling the building will be adopted, and that the Schaefers should not make substantial expenditures in anti- cipation that an ordinance will be adopted. Mr. Schaefer stated they have not undertaken the remodeling; they are just maintaining the building. Jack Rosebraugh, Superintendent of Building and Safety, an- swered questions regarding the type of permits that have been issued for the California Hotel. Mayor Holcomb stated that there will be no action on this item at this time but there is an ordinance on the agenda per- taining to earthquake standards. PUBLIC HEARING - REVOCATION OF LIBERTY TV CABLE, INC. FRANCHISE - CONTINUED FROM JANUARY 17, 1983 This is the time and place continued to for a public hearing on the revocation of the franchise granted to Liberty TV Cable, Inc. (21a) Pursuant to the recommendation of the City Attorney, Council Member Quiel made a motion, seconded by Council Member Hobbs and unanimously carried, that the public hearing be continued to Monday, April 4, 1983, at 9:30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . LEGISLATIVE REVIEW COMMITTEE REPORT - MINIMUM DEVELOP- MENT CRITERIA REVISION - CONTINUED FROM JANUARY 17, 1983 This is the time and place continued to for a recommendation from the Legislative Review Committee that the proposed amendment to the Municipal Code regarding development criteria for Single- Family Residential zoning be approved. At the Council Meeting of January 17, 1983, the matter was continued for presentation of the proposed amendment in final form. (17) . Council Member Strickler, Chairman of the Legislative Review Committee, stated that the Committee had a hearing with the gen- eral public and the developers and the hearing resulted in changes to the Planning Commission's recommendation concerning the zoning. The new version applies to zoning which will be called R-1-6000 and will not affect any existing R-1-7200 lots. The applicant will have to bring in an application for subdivision designed as R-1-6000 and go through the normal subdivision process. The Chairman of the Legislative Review Committee stated that the Committee reduced the 52 foot frontage width to 50 feet and the depth of corner lots was reduced to 80 feet. This recommen- dation is for an 800 minimum square foot house and the developer will be required to come in for a zone change from R-1-7200 to R-1-6000. Mayor Holcomb urged the Council to require design review on the R-1-6000 zoning. - 6 - 2/7/83 . . . . . . Frank Schuma, Planning Director, answered questions of the Council regarding affordable housing stating that the 6,000 square foot lot is a separate issue. He stated that according to the SCAG Report, there is a disproportionate share of affordable housing in the City of San Bernardino. In other words, this City has a greater share of low income houses than surrounding cities. The Planning Director also added that zoning laws are not designed to legislate ownership. Ed Jacobson, a realtor in San Bernardino, spoke in opposition to the design review for smaller lots. Council Member Quiel made a motion, seconded by Council Mem- ber Marks and unanimously carried, that this matter be referred back to the Legislative Review Committee to address the aspect of design review on the R-1-6,000 square foot lot. INCORPORATION OF THE CITY OF HIGHLAND - DETACHMENT FROM THE CITY OF SAN BERNARDINO - LETTER TO THE LOCAL AGENCY FORMATION COMMISSION Mayor Holcomb presented his letter dated January 11, 1983, addressed to the Local Agency Formation Commission, recommending that the reorganization to include detachment from the City of San Bernardino and incorporation of the City of Highland be ter- minated at the earliest opportunity in order to keep from need- lessly expending large amounts of taxpayers' money on a proposal that is not feasible. The Mayor stated in his letter that the City of San Bernardino will not support a municipal corporation on its eastern boundaries that would require the detachment of unequitable portions of its commercial area. (22) Mayor Holcomb asked the Council to openly express any ob- jections they have concerning this letter. Council Member Marks made a motion that the letter be re- ferred to the Council Committee on Relations with Unincorporated Territories. The motion died for lack of a second. Mayor Holcomb answered questions regarding the letter. Council Member Reilly made a motion, seconded by Council Member Quiel, that the Mayor's letter dated January 11, 1983 to the Local Agency Formation Commission relating to the incorpora- tion of the City of Highland be endorsed by the Council. The motion carried by the following vote: Members Castaneda, Reilly, Marks, Quiel, Hobbs, None. Absent: None. Abstain: Council Member Ayes: Council Strickler. Noes: Hernandez. WAYS AND MEANS COMMITTEE REPORT - MEADOWBROOK BOXING PROGRAM Council Member Hobbs, Chairman of the Ways and Means Commit- tee, presented the minutes of the Ways and Means Committee meet- ing of January 24, 1983, where the Committee recommended that the lease of the Meadowbrook Center for the amateur boxing program be set at a rate of $1.00 annually and that the requirement of the association committee for excess fire insurance be deleted. The Committee also recommended that a contribution not to exceed $2,500 be made to the association committee to allow them to pur- chase sufficient liability insurance. (23) Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that Resolution No. 82-337 be amended to provide for the lease of Meadowbrook Center facilities for use by Meadowbrook Boxing Program, at a rate of $1.00 annually, and that the requirement of the association com- mittee (Meadowbrook Amateur Boxing Academy, Inc.) for excess fire insurance be deleted. - 7 - 2/7/83 . . . . . . Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that a contribution, not to exceed $2,500, be made to the Meadowbrook Boxing Academy, Inc. to purchase sufficient liability insurance for the Meadow- brook Boxing Program. LEGISLATIVE REVIEW COMMITTEE REPORT - EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS - CONSTRUCTION/ZONING FOR ATTAINABLE HOUSING Council Member Strickler, Chairman of the Legislative Review Committee, presented the Legislative Review Committee minutes of their January 27, 1983 meeting where the proposed amendment to the Municipal Code regarding earthquake hazard reduction in existing, non-reinforced masonry buildings was discussed. The Legislative Review Committee recommended approval of the proposed amendment and that the City Attorney prepare the code section for presenta- tion to the Mayor and Common Council. (24) Also discussed at the Legislative Review Committee meeting of January 27, 1983 was the development of conceptual plans for the provision of attainable housing on smaller than standard code lots within the City. Council Member Strickler made a motion, seconded by Council Member Castaneda, that the City Attorney be directed to prepare and present an amendment to the San Bernardino Municipal Code, adding Chapter 15.12 concerning earthquake hazard reduction in existing buildings. The motion carried by Members Castaneda, Reilly, Council Member Hernandez. Ayes: Council Strickler. Noes: the following vote: Marks, Quiel, Hobbs, Absent: None. Council Member Reilly made a motion, seconded by Council Member Castaneda and unanimously carried, that the Planning De- partment be directed to develop and prepare for consideration by the Legislative Review Committee a proposed policy for construc- tion/zoning for attainable housing on smaller than standard code lots within the City. PARK AND RECREATION COMMISSION REPORT - RENAMING PERRIS HILL BALLPARK - "FISCALINI FIELD" In a letter dated January 25, 1983, Marye Miles, Chairman of the Park and Recreation Commission, stated that a public hearing was held on January 20, 1983 to hear comments from the public concerning the renaming of the perris Hill Ballpark to "Fiscalini Field" in honor of John A. Fiscalini. The Chairman of the Park and Recreation Commission stated in her letter that there were no speakers in opposition to the renaming and petitions bearing ap- proximately 600 signatures in favor of renaming the field were presented. She further stated that the audience was unanimous in their response in favor of renaming the field in honor of Mr. Fascalini. (25) Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that Perris Hill Ball- park be renamed Fiscalini Field in conjunction with public senti- ment expressed at the public hearing conducted by the Park and Recreation Commission on January 20, 1983. COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. RESCIND TEMPORARY DINE AND DANCE PERMIT - MICHAEL AND PAUL GOEHRING - 1353 NORTH "E" STREET - THE GROVE In a memorandum dated January 21, 1983, Ben Gonzales, Chief of Police, recommended that the conditional dine and dance permit of Michael and Paul Goehring, dba The Grove, located at 1353 North "E" Street, be rescinded as the applicants have not complied with the conditions imposed on the temporary approval of their application. (26) - 8 - 2/7/83 iU . . . . . . Council Member Castaneda made a motion, seconded by Council Member Strickler and unanimously carried, that the Mayor and Com- mon Council schedule a public hearing pursuant to San Bernardino Municipal Code 5.08.060 to investigate the conduct of the business known as The Grove, conducted by Michael Goehring and Paul Goehring at 1353 North "E" Street; to determine if their license should be revoked; that the hearing be scheduled for February 21, 1983 at 2:30 p.m., that the City Clerk be instructed to notify Michael Goehring and Paul Goehring of the hearing and of the possibility that their license may be temporarily suspended or permanently revoked. BUSINESS LICENSE RENEWAL DATE CHANGE - COLLECTION AGENCY A memorandum dated January 20, 1983 was received from Lee Gagnon, Business License Supervisor, requesting that the Municipal Code be amended to change the business license renewal date for Collection Agency from a calendar year to a fiscal year. (27) Council Member Castaneda made a motion, seconded by Council Member Strickler and unanimously carried, that the City Attorney be instructed to prepare the necessary amendment to Municipal Code Section 5.04.420, Collection Agency, to change the business license renewal date from a calendar year to a fiscal year basis. COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and took his place at the Council Table. WAIVER OF FRANCHISE PROVISION - FIELD CABLEVISION - LOCAL OFFICE Russell Lackner, Chairman of the Community Television Commis- sion, stated in a memorandum dated January 26, 1983, that the City Administrator's Office received a request from Field Cablevision requesting a waiver of their franchise requirement to maintain an office within the City. The Community Television Commission Chairman recommended in his memorandum that the waiver be granted because the subscriber fee does not bear the cost of a local office. (28) The Council discussed the need to be able to change their action if Field Cablevision increases the number of subscribers. Council Member Marks made a motion that the requirement con- tained in the City of San Bernardino Municipal Code, Section 14.08.070, Subsection "D", pertaining to the maintenance of an office within the City be waived for a period of one year with the understanding that the waiver will be revoked if the City decides the lack of an office adversely affects the community subscribers to the Field system, and that the City Attorney be directed to prepare the necessary documentation to accomplish said waiver. City Attorney Prince objected to the language of the motion stating that "waiver" is not proper terminology. Council Member Quiel made a substitute motion, seconded by Council Member Reilly and unanimously carried, that this matter be continued to Monday, February 21, 1983, in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, Califor- nia, and the City Attorney be instructed to draft the appropriate language. INSTALLATION OF PARKING SPACES FOR THE HANDICAPPED - PARKING DISTRICT LOT NO. 1 - BETWEEN FOURTH AND FIFTH STREETS, "E" AND "F" STREETS Tom Crawford, Assistant City Administrator, recommended in a memorandum dated January 26, 1983, that the request from the De- partment of Public Social Services that eight existing parking spaces in the northern end of Parking Lot No. 1 be modified to provide six parking spaces for the handicapped. (29) - 9 - 2/7/83 . . . . . . council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the request of the San Bernardino County Department of Public Social Services, to replace eight standard parking spaces with six handicapped parking spaces in the northern portion of Central City Parking District Lot No. 1 be approved, subject to the advance payment of all costs associated with said replacement by either the lessor or lessee of the property located at the southwest corner of Fifth and "E" Streets. SEWER INSTALLATION - WALNUT, MUSCOTT, BELLEVIEW, CONGRESS AND PICO STREETS - CHANGE ORDER NO. TWO - MERLIN JOHNSON CONSTRUCTION In a memorandum dated January 28, 1983, C. Glenn Wilson, Director of Public Works/City Engineer, recommended that Change Order No. Two to the contract with Merlin Johnson Construction for installation of sewers in Walnut, Muscott, Belleview, Congress and Pico Streets, be approved. The Change Order will authorize the contractor to adjust the unit price and the quantity of as- phalt concrete, removal of a steel line, replacement of a cross- gutter, repair of a sewer lateral and over excavation for debris. (30) Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that Change Order No. Two to the contract with Merlin Johnson Construction, for the construction of sanitary sewers in Walnut, Muscott, Belleview, Congress and pico Streets, in accordance with Plan No. 6150, be approved; authorizing the contractor to perform the necessary work at a net increase in the contract price of $17,495.76 from $75,345.80 to $92,841.56, and on the condition that the payment for the change order be accepted for full payment on the project. SEWER CONSTRUCTION - WALNUT, MUSCOTT, BELLEVIEW, CONGRESS AND PICO STREETS - APPROVAL OF WORK - MERLIN JOHNSON CONSTRUCTION C. Glenn Wilson, Director of Public Works/City Engineer, recommended in a memorandum dated January 28, 1983 approval of the construction of sewers and appurtenant facilities in portions of Walnut, Muscott, Belleview, Congress and Pico Streets by Merlin Johnson Construction. (31) Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that the recommendation be continued to Monday, February 21, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. MILL CENTER RECREATION FACILITY CONSTRUCTION - CHANGE ORDER NO. 1 - RONALD ROBERTS AND ASSOCIATES A memorandum dated January 26, 1983 was received from C. Glenn Wilson, Director of Public Works/City Engineer, recommend- ing that Change Order No. 1 to the contract with Ronald Roberts and Associates for the construction of Mill Center Recreation Facility, be approved. (32) Council Member Castaneda made a motion, seconded by Council Member Marks and unanimously carried, that Change Order No. 1 to the contract with Ronald Roberts and Associates, for construction of Mill Recreation Center, in accordance with Plan No. 6221, be approved for various modifications in the scope of the work, for a net increase in the contract price of $4,968.90 from $378,000 to $382,968.90. MIDYEAR BUDGET REVIEW Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that a midyear budget re- view be held on Monday, February 14, 1983, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. (33) - 10 - 2/7/83 . . . . . . TRAFFIC SIGNAL AND LIGHTING SYSTEM MAINTENANCE - CHANGE ORDER NO. ONE AND TWO - GRISSOM & JOHNSON C. Glenn Wilson, Director of Public Works/City Engineer, recommended in a memorandum dated January 26, 1983, approval of Change Order No. One and Two to the contract with Grissom & Johnson, Inc. for the installation of traffic signals, highway lighting and street improvements at the intersections of Highland and Del Rosa Avenues, Del Rosa Avenue and Pumalo Street, Base Line and Windsor Drive-Myrtle Drive, Foothill Boulevard and Macy Street, Fifth Street and Mt. Vernon Avenue, Mill Street and Mt. Vernon Avenue, and Orange Show Road and "E" Street. (34) Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that Change Order No. One to the contract with Grissom & Johnson, Inc., for the installation of traffic signals, highway lighting and street improvements, in accordance with Plan No. 6005, authorizing maintenance of existing traffic signal and lighting systems in effective operation, for an estimated contract increase of $3,000.00, be approved. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that Change Order No. Two, to the contract with Grissom & Johnson, Inc., for the installation of traffic signals, highway lighting and street improvements, in accordance with Plan No. 6005, authorizing changing left turn signal faces to all arrow sections, at a contract cost reduction of $6,264.00, be approved. PERRIS HILL BALLPARK IMPROVEMENTS - CHANGE ORDER NO. TWO - McCURDY CONSTRUCTION COMPANY In a memorandum dated January 27, 1983, C. Glenn Wilson, Director of Public Works/City Engineer, recommended that Change Order No. Two to the contract with McCurdy Construction for the construction of perris Hill Ballpark improvements be approved. The Change Order will authorize the contractor to change the type of overhead doors and increase the length of outside guard railing. (35) Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that Change Order No. Two to the contract with McCurdy Construction, for perris Hill Ballpark improvements, in accordance with Plan No. 6186, be approved; to direct the contractor to change the type of overhead door to 20 gauge steel, and to extend the guardrail 11 feet, at an increase in the contract price of $377.56, which will increase the contract price from $152,572.50 to $152,950.06. LIONEL E. HUDSON PARK IMPROVEMENTS - CHANGE ORDER NO. THREE - CHALLENGE ENGINEERING, INC. C. Glenn Wilson, Director of Public Works/City Engineer, recommended in a memorandum dated January 25, 1983, approval of the contract with Challenge Engineering, Inc., for the construc- tion of Lionel E. Hudson Park (Shandin Hills). The Change Order will authorize the contractor to install the roof for the pavilion. (36) Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that Change Order No. Three, to the contract with Challenge Engineering, Inc. for construction of Lionel E. Hudson (Shandin Hills) Park, in accordance with Plan No. 6124, be approved; to authorize the labor for roofing the pavilion, for a net increase in the contract price of $1,032.00 from $340,640.40 to $341,672.40. STREET LIGHT INSTALLATION - SOUTHEAST CORNER OF SHEPHERD LANE AND OLIVE AVENUE - 3036 NEWPORT AVENUE The Director of Public Works/City Engineer recommended in a memorandum dated January 27, 1983, that street lights be installed at the southeast corner of Shepherd Lane and Olive Avenue, and near the south property line in front of 3036 Newport Avenue. (37) - 11 - 2/7/83 . . . council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that the installation of a street light at the southeast corner of Shepherd Lane and Olive Avenue, as well as in front of 3036 Newport Avenue, be au- thorized and the Electrical Superintendent directed to arrange with Southern California Edison for their installation. RIGHT OF WAY ACQUISITION - HOSPITALITY LANE, BETWEEN HUNTS LANE AND EAST OF SUNWEST LANE - EMINENT DOMAIN PROCEEDINGS In a memorandum dated January 26, 1983, the Director of Public Works/City Engineer recommended that the City Attorney begin emi- nent domain proceedings to acquire the necessary right of way to accommodate construction of Hospitality Lane, from Hunts Lane, 150 feet east of Sunwest Lane. This would complete the remaining unconstructed portion of Hospitality Lane and would serve to im- prove traffic circulation in the area. (38) . Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that the City Attorney be authorized and directed to commence eminent domain proceedings for acquisition of the necessary right of way for construction of Hospitality Lane, between a point approximately 150 feet east of Sunwest Lane to Hunts Lane, and that the developer be required to pay all out-of-pocket costs. GENERAL PLAN AMENDMENT - SOUTHWEST CORNER OF RANCHO AVENUE AND MILL STREET Council Member Hernandez presented a memorandum dated Feb- ruary 3, 1983 requesting that the City's general plan for the property located at the southwest corner of Rancho Avenue and Mill Street be amended by changing the zoning of the area from residential to commercial. (41) The Council discussed the need to look at the total area when considering a general plan amendment. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the request be continued to Monday, February 21, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to allow Council Member Hernandez time to come back with a description of the area involved. . WAIVE READINGS - RESOLUTIONS The City Clerk read the title of all the resolutions on the agenda. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of all the resolutions on the agenda be waived. NEW CENTRAL LIBRARY - PIONEER PARK LOCATION - GREGORY VILLANUEVA AlA & ASSOCIATES AND J. D. DIFFENBAUGH A memorandum dated January 28, 1983 was received from C. Glenn Wilson, Director of Public Works/City Engineer, recommend- ing that the agreements for professional services with Gregory Villanueva AlA & Associates, and J. D. Diffenbaugh, relating to the construction of the new central library in Pioneer Park be approved. (39) . In the background information, the Public Works Director stated that five proposals for professional services were sub- mitted in response to the Request for Proposals issued by the City. At the Council Meeting of December 9, 1982, the Director of Public Works was authorized to negotiate with the team that submitted the "Larcon" proposal. The following are the three firms that presented their pro- posals and the fees for "design-build" and construction manage- - 12 - 2/7/83 1------ . . . ment services. The "design-build" and construction management method is shown since this is the only one referred to in the "Larcon" proposal: 1. Huntley Properties - Ralph Allen (15%) 2. "Larcon", Villanueva/Diffenbaugh 3. Joseph E. Bonadiman & Associates $558,750 $460,000 $358,000 It is proposed by the "Larcon" team that the City enter into two agreements; one with Gregory Villanueva AIA & Associates for basic design services, and the second with J. D. Diffenbaugh for construction management services. The other two members of the team will have a contractual arrangement with the two that will enter into agreements with the City. . The agreement with Gregory Villanueva AIA & Associates is for basic design services including the preparation of final con- struction plans and specifications. Proposed Amendment No. 1 to this agreement would authorize the architect to provide additional services consisting of preparation of specifications for interior furnishing and furniture for an additional fee of $45,000.00. Included in the City Engineer's letter was a construction costs breakdown with building costs totaling $4,294,400.00 in the "Larcon" proposal. A preliminary estimate of cost prepared by the Engineering Department totaled $5,555,598.00. The Director of Public Works/City Engineer was present to answer questions and explained the project costs. The construc- tion management concept presented by Larcon allows the developer to "fast track" the project and complete the library within 18 months. The other two proposals would require more time for com- pletion. Mr. Wilson explained the reasons for the increase of the contract price. He also explained why the Bonadiman contract and the Larcon contract could not be compared on an item to item cost basis due to differences in design and the construction management services contract. Mr. Jack Hawkins was present to represent J. D. Diffenbaugh, the construction manager under the Larcon proposal, and answered questions of the Council. . Mr. Joseph Bonadiman stated that the differences between the two proposals total approximately $160,000, that interior design services were figured in the Bonadiman proposal from the begin- ning and there was a difference in the construction contracts. The City Engineer answered questions stating that his original recommendation was for the Council to use the conventional bid process but the Larcon proposal included the construction manage- ment approach from the beginning. Mr. Jack Hawkins of J. D. Diffenbaugh, answered questions stating that in the construction management approach, the City controls the bids of all subcontractors. The City Engineer stated that the key to this issue is whether or not the construction management will guarantee what the final costs will be and whether the City will receive the benefit of any costs savings resulting from the subcontractor bids. Mr. Jack Hawkins of J. D. Diffenbaugh, stated that Diffen- baugh can guarantee what the final project price will be. . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that Council Members Reilly, Marks and Quiel be appointed to a committee to study the library construction issue and report back to the Mayor and Council on February 14, 1983. - 13 - 2/7/83 . . . REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Redevelopment Agency was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Redevelopment Agency and the Community Development Com- mission acted upon their agenda items. COUNCIL MEMBERS HERNANDEZ AND HOBBS EXCUSED Council Members Hernandez and Hobbs were excused from the Council Meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO DESIGNATING A DESCRIBED AREA AS A SURVEY AREA AND FINDING THAT SAID AREA REQUIRES STUDY TO DETERMINE IF A REDEVELOP- MENT PROJECT IS FEASIBLE. (North of the Central City North and Central City East Project areas, along 1-10 to Highland Avenue and down Waterman Avenue) (Continued from January 17, 1983) . Council Member Reilly made a motion, seconded by Council Member Castaneda and unanimously carried, that the resolution be continued to Monday, February 21, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBERS HERNANDEZ AND HOBBS RETURNED Council Members Hernandez and Hobbs returned to the Council Meeting and took their place at the Council Table. RES. 83-19 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RES- OLUTION NO. 81-596 REGARDING AN APPLICATION FOR IN- DUSTRIAL DEVELOPMENT BOND FINANCING SUBMITTED BY COMMERCE DEVELOPMENT ASSOCIATES. (320 North "E" Street) The City Clerk read the title of the resolution. Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. . Resolution No. 83-19 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. RES. 83-20 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING SUBMISSION OF AN APPLICATION TO THE STATE OF CALIFORNIA FOR A HISTORIC SURVEY GRANT. The City Clerk read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-20 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez was excused from the Council Meet- ing. . RES. 83-21 - RESOLUTION ADOPTING A HOUSING FINANCE REVENUE BOND PROGRAM IN COOPERATION WITH THE COUNTY OF SAN BERNARDINO AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FOR AND ON BEHALF OF THE CITY A CO- OPERATIVE AGREEMENT BETWEEN THE COUNTY OF SAN BERNAR- DINO AND THE CITY. - 14 - 2/7/83 . . The City Clerk read the title of the resolution. Gary Van Osdel, Executive Director of the Redevelopment Agency, answered questions stating the resolution will enable ~ the County to finance projects within the City limits. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-21 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Hobbs, strickler. Noes: None. Absent: Council Member Hernandez. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. RES. 83-22 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE DISPOSITION AND JOINT DEVELOPMENT AGREEMENT, DATED AUGUST 26, 1982, WITH PEACOCK ENTERPRISES, LTD. (Metcalf School property) . The City Clerk read the title of the resolution. Council Member Hernandez made a motion that the resolution be continued to Monday, February 21, 1983 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Mayor Holcomb suggested that Council Member Hernandez dis- qualify himself due to a conflict of interest. Bill Flory, Agency Counsel, stated that Deputy City Attorney Briggs suggested that the following language be inserted in Line 19 of the first amendment to the disposition and joint development agreement after the word "homes": "satisfactory to the Executive Director of the Redevelopment Agency of the City of San Bernar- dino" . ~ Gary Van Osdel, Executive Director of the Redevelopment Agency, answered questions of the Council stating that the first amendment to the disposition and joint development agreement has been proposed because the original agreement calls for seven factory built units on the site to be sold to lower income people. There will be subsidization with Community Development funds and the disposition and joint development agreement re- stricts the amount of subsidization. Development costs have in- creased to the point where the sales price of the units will have to rise unless Hallmark is willing to carry some costs of the project or cut the unit price. He explained that it was not his intent to exclude Hallmark but he is trying to get the City into a better negotiating posture and get the factory units on a com- petitive basis so that the City is not locked in with the units. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that the resolution be amended by interdelineation as stated by Agency Counsel Bill Flory. Council Member Hernandez made a substitute motion, seconded by Council Member Castaneda, that the resolution be continued to February 21, 1983. The motion failed by the following vote: Ayes: Members Castaneda, Hernandez, Marks. Noes: Council Reilly, Quiel, Hobbs, Strickler. Absent: None. Council Members ~ Council Member Quiel made a motion, seconded by Council Mem- ber Marks, that Line 19 of the resolution be amended by inserting after the word "homes": "satisfactory to the Redevelopment Agency of the City of San Bernardino" as the amendment will allow the Redevelopment Agency to review the units as to their quality and the amenities they offer. - 15 - 2/7/83 . . . The motion carried by Members Castaneda, Reilly, Council Member Hernandez. the following vote: Marks, Quiel, Hobbs, Absent: None. Ayes: Council Strickler. Noes: Council Member Quiel made a motion, seconded by Council Mem- ber Hobbs and unanimously carried, that further reading of the resolution be waived. Council Member Quiel made a motion, seconded by Council Mem- ber Hobbs, that said resolution be adopted as amended. Resolution No. 83-22 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Hobbs, Strickler. Noes: Council Member Hernandez. Absent: None. RES. 83-23 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ISSUANCE BY THE CITY OF ITS $2,200,000 LOAN-TO-LENDER REVENUE BONDS, BANK OF REDLANDS PROJECT, ISSUE OF 1983, AND MAKING CERTAIN DETERMINATIONS RELATING THERETO. (1175 East Highland Avenue) . The City Clerk read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-23 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. RES. 83-24 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ISSUANCE BY THE CITY OF ITS $1,800,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1983 A (METROPOL- ITAN AUTOMOTIVE WAREHOUSE PROJECT) AND MAKING CER- TAIN DETERMINATIONS RELATING THERETO. The City Clerk read the title of the resolution. . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-24 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. RES. 83-25 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING CER- TAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $1,500,000 PRINCIPAL AMOUNT OF INDUSTRIAL REVENUE BONDS AND APPROVING CERTAIN DOCUMENTS IN CONNECTION THEREWITH. (Creative Enterprises, LTD.) (466-468- 470 West Fifth Street) The City Clerk read the title of the resolution. Council Member Castaneda made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. . Resolution No. 83-25 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. - 16 - 2/7/83 . . . HIGHLAND CITYHOOD BOUNDARY - PRESENTATION BY SUPERVISOR McKENNA County Supervisor David L. McKenna spoke regarding his action on the Board of Supervisors in initiating incorporation hearings for the Highland area on the east boundary of the City of San Ber- nardino. He urged the City to join with the County and the Local Agency Formation Commission in the negotiations to achieve a mutually satisfactory decision on the Highland Cityhood issue. The Mayor and Common Council suggested that Supervisor McKenna return to the Board of Supervisors and get a rescission of their action. RECESS MEETING At 12:10 p.m., Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that the meeting recess until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . RECONVENE MEETING At 2:00 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Marks, Quiel, Hobbs, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Member Hernandez. APPEAL HEARING - VARIANCE NO. 82-18 - SOUTH SIDE OF HOSPITALITY LANE AND WATERMAN AVENUE - McKENZIE - CONTINUED FROM JANUARY 17, 1983 This is the time and place continued to for a hearing on the appeal filed by Ronald McKenzie of Heath and Company, on the Planning Commission's decision of denial of Variance No. 82-18. The Variance would allow the installation of a sign which exceeds the maximum area and height requirements of the C-3A Limited General Commercial zone on property located on the south side of Hospitality Lane and Waterman Avenue. (65) . Mr. Ron McKenzie of 3225 Lacy Street, Los Angeles, represent- ing Heath Sign Company, stated that he has revised the drawing for the sign so that the face of each sign is less than 150 square feet on a pole 55 feet high. Frank Schuma, Planning Director, answered questions regarding the letter from Caltrans allowing the trimming of trees along 1-10 for aesthetic purposes. COUNCIL MEMBER HERNANDEZ ARRIVED At 2:10 p.m., Council Member Hernandez arrived at the Council Meeting and took his place at the Council Table. Mr. Tim O'Donnel of the Heath Sign Company, explained that the request for additional height was to allow visability of the sign due to the configuration of the freeway. Mr. Ron Havis of H. B. Food Services, owner of Barry's Res- taurant, recommended that the height of the sign be measured at freeway level instead of ground level because the property sits 18 feet below the freeway. . Council Member Hernandez made a motion, seconded by Council Member Hobbs, that the decision of the Planning Commission be affirmed. - 17 - 2/7/83 . . The motion failed by the following vote: Ayes: Council Members Hernandez, Hobbs. Noes: Council Members Castaneda, tt Reilly, Marks, Quiel, Strickler. Absent: None. Council Member Reilly made a motion, seconded by Council Member Strickler, that the decision of the Planning Commission be reversed; that the sign as presented in the revised plan from Heath and Company be approved at a height of 55 feet with two signs on one pole with the understanding that no additional signs may appear on the structure and not more than 150 square feet of sign area may advertise any single entity; and that approval be subject to the findings of fact which will be prepared by the Planning Director and submitted to the Mayor and Common Council on Monday, February 14, 1983, at 2:00 p.m., in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, Califor- nia. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Strickler. Noes: Coun- cil Members Hernandez, Hobbs. Absent: None. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez was excused from the Council Meeting. . PLANNING COMMISSION REPORT Frank Schuma, Planning Director, gave the Planning Report regarding all Planning Commission matters of the meeting of January 18, 1983. The following recommendation was made: That the application for Change of Zone No. 82-28, Richard D. and Jean M. Forney, owner, to change the land use zoning district from C-l Community Commer- cial to R-3-3000 Multiple Family Residential for a rectangularly-shaped parcel of land consisting of approximately 1.2 acres having a frontage of approxi- mately 350 feet on the south side of Marshall Boule- vard and being located approximately 300 feet west of the center line of Sterling Avenue, be recommended for approval based on findings of fact. (66) Council Member Strickler made a motion, seconded by Council Member Hobbs and unanimously carried, to approve the responses to comments and to adopt the Negative Declaration which has been re- viewed and considered. . Council Member Strickler made a motion, seconded by Council Member Hobbs and unanimously carried, that the findings of fact and the recommendation of the Planning Commission be approved and the City Attorney be directed to prepare the necessary amendment to the zoning ordinance. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING TERMINATION OF TIMBER RIGHTS. (1525 East Bonita Vista Drive) (Continued from January 17, 1983) (43) . City Administrator Matzer stated that he had a hydrologist examine the site at 1525 East Bonita vista Drive to determine if there would be an erosion problem if the palm trees on the property were removed. The hydrologist gave an oral opinion that removal of the palm trees would not cause an erosion problem. The City Administrator also stated that he had contacted a tree supervisor at Norton Air Force Base who stated that the Air Force Base is not interested in the trees. He contacted two nurseries and according to one nursery, the palm trees have a - 18 - 2/7/83 . . . market value of approximately $82,000 assuming that a market for them exists and that removal of the trees would cost $132,000. He added that it has cost the City $22,000 to maintain the prop- erty. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the City Administrator be directed to renegotiate the contract with the property owner for future rights, to take possession of the trees for the debt forgiveness on the property under the condition that the City does not expend any funds for maintaining the property during the renegotiating period. RES. 83-26 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE INCLUSION OF PALM AVENUE, BETWEEN 1-215 (FAP 194) AND CAJON BOULEVARD: AND CAJON BOULEVARD, BETWEEN PALM AVENUE AND STATE COLLEGE PARKWAY INTO THE FEDERAL-AID URBAN SYSTEM. (44) Council Member Hernandez made a motion, seconded by Council Member Quiel, that said resolution be adopted. . Resolution No. 83-26 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. RES. 83-27 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT FOR THE FURNISHING AND DE- LIVERING OF ONE DRY CHEMISTRY PLATE CAMERA AND HEAT FUSER. (3M COMPANY) (45) Council Member Quiel made a motion, seconded by Council Mem- ber Hobbs, that said resolution be adopted. Resolution No. 83-27 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. Council Member Quiel made a motion, seconded by Council Mem- ber Hobbs and unanimously carried, that the sum of $11,970 be transferred from Account No. 01-213-219 (Equipment Reserve) to Account No. 01-153-823 to cover cost of one plate camera. . RES. 83-28 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO COMPUTER EXAMINATION SCORING SERVICES. (46) Council Member Quiel made a motion, seconded by Council Mem- ber Hobbs, that said resolution be adopted. Resolution No. 83-28 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. RES. 83-29 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT FOR THE FURNISHING AND DE- LIVERING OF ONE OIL DISTRIBUTOR IN ACCORDANCE WITH SPECIFICATION NO. F-83-2. (Nixon-Egli Equipment Co.) (47) Council Member Quiel made a motion, seconded by Council Mem- ber Hobbs, that said resolution be adopted. . Resolution No. 83-29 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. - 19 - 2/7/83 . . . RES. 83-30 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT TO SCC GENERAL CONTRACTOR FOR CONSTRUCTION OF A RESTROOM/CONCESSION STAND/ STORAGE BUILDING AND AMPHITHEATER LIGHTING AT PERRIS HILL PARK. (48) Council Member Quiel made a motion, seconded by Council Mem- ber Marks, that said resolution be adopted. Resolution No. 83-30 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. RES. 83-31 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 11842 LOCATED AT THE NORTHWEST CORNER OF IRVING- TON AVENUE AND PINE AVENUE; ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZ- ING EXECUTION OF AN AGREEMENT FOR THE IMPROVEMENT IN SAID SUBDIVISION. (Wilmore City/Drexel, East) (49) . Council Member Quiel made a motion, seconded by Council Mem- ber Marks, that said resolution be adopted. Resolution No. 83-31 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. RES. 83-32 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE OPERATING AGREEMENT FOR THE SECCOMBE LAKE PROJ- ECT BETWEEN THE CITY OF SAN BERNARDINO AND THE STATE OF CALIFORNIA. (50) Council Member Quiel made a motion, seconded by Council Mem- ber Marks, that said resolution be adopted. Resolution No. 83-32 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. . RES. 83-33 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A SUBLEASE WITH MEADOWBROOK AMATEUR BOXING ACADEMY ORGANIZATION FOR USE OF MEADOWBROOK RECREATION CENTER FOR THE PURPOSE OF CONDUCTING A BOXING PROGRAM; AND REPEALING RESO- LUTION NO. 82-337. (52) Council Member Quiel made a motion, seconded by Council Mem- ber Marks, that said resolution be adopted. Resolution No. 83-33 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. RES. 83-34 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MEADOWBROOK AMATEUR BOXING ACADEMY ORGANIZATION RE- LATING TO FINANCIAL ASSISTANCE TO HELP DEFRAY EX- PENSES INCURRED IN PROVIDING A BOXING PROGRAM. (53) Council Member Quiel made a motion, seconded by Council Mem- ber Marks, that said resolution be adotped. . Resolution No. 83-34 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. - 20 - 2/7/83 . . . RES. 83-35 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING PETITION AND WAIVER OF PROPERTY OWNERS FOR SPECIAL ASSESSMENT PROCEEDINGS AND APPROVING BOUNDARY MAP ATTACHED THERETO AND DIRECTING FILING WITH THE CITY CLERK AND RECORDING WITH COUNTY RECORDER. (Orange Show Road and Century Avenue) (51) The Director of Public Works/City Engineer answered questions regarding the ownership of the property stating that the City has a parcel map which is unrecorded and that Orange Show Plaza Asso- ciates are in the process of purchasing the property. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. Resolution No. 83-35 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. Abstain: Council Member Hernandez. . RES. 83-36 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH EUGENE R. HENRIKSEN RELATING TO A POLICE FIREARMS TRAINING CONSULTANT. (54) Council Member Hobbs made a motion, seconded by Council Mem- ber Quiel, that said resolution be adopted. Resolution No. 83-36 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. Council Member Hobbs made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the contract with Mr. Eugene R. Henriksen become effective February 14, 1983. RES. 83-37 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE FIRE DEPARTMENT. (56) Council Member Hobbs made a motion, seconded by Council Mem- ber Quiel, that said resolution be adopted. . Resolution No. 83-37 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. RES. 83-38 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE POLICE DEPARTMENT. (57) Council Member Hobbs made a motion, seconded by Council Mem- ber Quiel, that said resolution be adopted. Resolution No. 83-38 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ- ING THE EXECUTION OF A LEASE WITH OPERATION SECOND CHANCE, INCORPORATED RELATING TO THE LEASE OF A POR- TION OF 1505 WEST HIGHLAND AVENUE, SAN BERNARDINO, FOR LIBRARY PURPOSES. (55) ~ The Mayor and Common Council discussed the increase in the lease price from $1,500 to $2,000 per month. - 21 - 2/7/83 . . . The City Administrator explained that the matter had been reviewed by the Ways and Means Committee in February of 1982 but negotiations had been held up due to claims by the City concern- ing maintenance of the library. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the resolution be re- ferred to the Ways and Means Committee. RES. 83-39 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO ESTABLISHING A COMMITTEE TO BE KNOWN AS THE MITCHELL SCHOOL SITE ADVISORY COMMITTEE. (58) Council Member Marks made a motion, seconded by Council Mem- ber Quiel, that the resolution be amended by interdelineation by removing the words "residential tenants of the area surrounding the site" and inserting the words "tenants of the neighborhood area near the site" and adopted as amended. Resolution No. 83-39 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. RES. 83-40 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO CREATING THE COUNCIL COMMITTEE ON RELATIONSHIPS IN UNINCORPORATED TERRITORIES. (59) .. Council Member Hernandez made a motion, seconded by Council Member Marks, that a provision be included which will provide a 24 hour notice to the Mayor when meetings are called, and that said resolution be adopted as amended. Resolution No. 83-40 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. RES. 83-41 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE COUNTY OF SAN BER- NARDINO AND THE CITY OF SAN BERNARDINO CREATING AN AGENCY TO BE KNOWN AS THE AUTHORITY FOR A GREATER SAN BERNARDINO. (60) . Council Member Marks made a motion, seconded by Council Mem- ber Quiel, to add the following at the end of Section 7: "Each plan of development shall be approved by the Mayor and Common Council as a condition precedent to any approval required by the Commission." and to add the following at the end of Section 2: "In the event revenue bonds are not issued, either party may ter- minate this agreement by giving the other party a 30 day notice of such termination." A lengthy discussion ensued. Mayor Holcomb explained the importance of adopting this res- olution. Council Member Strickler made a motion, seconded by Council Member Quiel, to move the previous question. The motion carried by the following vote: Ayes: Members Reilly, Marks, Quiel, Hobbs, Strickler. Noes: Members Castaneda, Hernandez. Absent: None. Council Member Marks made a motion, seconded by Council Mem- ber Quiel, that the resolution be adopted with the amendments proposed in the previous motion. Council Council . Resolution No. 83-41 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Hobbs, Strickler. Noes: Council Member Hernandez. Absent: None. - 22 - 2/7/83 . . . council Member Quiel made a motion, seconded by Council Mem- ber Strickler, to appoint Mayor Holcomb and Council Member Strickler to the Authority for a Greater San Bernardino. Council Member Castaneda made a substitute motion, seconded by Council Member Hernandez, to appoint Council Member Marks in place of Council Member Strickler. Council Member Marks declined the appointment. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that Ray Fox be appointed as the citizen represen- tative on the committee. The motion carried by Members Castaneda, Reilly, Council Member Hernandez. the following vote: Marks, Quiel, Hobbs, Absent: None. Ayes: Council Strickler. Noes: Council Member Quiel made a motion, seconded by Council Mem- ber Marks, that the Mayor and Council Member Strickler be ap- pointed as the Council's representative on the committee. . The motion carried by the following vote: Members Reilly, Marks, Quiel, Hobbs, Strickler. Members Castaneda, Hernandez. Absent: None. Ayes: Noes: Council Council RES. 83-42 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPOINTING ELECTION OFFICERS AND DESIGNATING POLLING PLACES PURSUANT TO SECTION 2.56.110 OF THE SAN BERNARDINO MUNICIPAL CODE FOR THE PRIMARY MUNI- CIPAL ELECTION TO BE HELD MARCH 8, 1983. (61) Council Member Marks made a motion, seconded by Council Mem- ber Reilly, that said resolution be adopted. Resolution No. 83-42 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. . RECONSIDER PREVIOUS ACTION - LEASE - OPERATION SECOND CHANCE, INC. - 1505 WEST HIGHLAND AVENUE Council Member Marks made a motion, seconded by Council Mem- ber Strickler, that the action referring the proposed lease with Operation Second Chance, Inc. for a portion of 1505 West Highland Avenue for library purposes, be reconsidered. (55) The motion carried by Members Castaneda, Reilly, Council Member Hernandez. the following vote: Marks, Quiel, Hobbs, Absent: None. Ayes: Council Strickler. Noes: Steve Whitney, City Librarian, stated that the original lease with Operation Second Chance for the Dorothy Inghram Library is tied to the Consumer Price Index but the Library Board felt that the rent required by this provision is in excess to what the library system could afford to pay, therefore this lease was the result of the negotiations. RES. 83-43 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A LEASE WITH OPERATION SECOND CHANCE, INCORPORATED RELATING TO THE LEASE OF A PORTION OF 1505 WEST HIGHLAND AVE- NUE, SAN BERNARDINO, FOR LIBRARY PURPOSES. . Council Member Quiel made a motion, seconded by Council Mem- ber Hobbs, that said resolution be adopted. Resolution No. 83-43 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. Abstain: Council Mem- ber Hernandez. - 23 - 2/7/83 . . WAIVE READINGS - ORDINANCES The City Clerk read the titles of all the ordinances on the 4t agenda. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the first and final readings of all the ordinances on the agenda be waived. ORD. MC-250 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO WHEREBY SAID CITY ELECTS TO AVAIL ITSELF OF THE PROVISIONS OF ARTICLE 2 OF CHAPTER 1 OF DIVI- SION 4 OF TITLE 4 OF THE CALIFORNIA GOVERNMENT CODE PERTAINING TO THE LEVY AND COLLECTION OF PROPERTY TAXES; AND DECLARING ITS URGENCY. FINAL (62) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that said ordinance be adopted as an urgency measure. Ordinance MC-250 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. . COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. ORD. MC-251 - ORDINANCE REZONING A CERTAIN PARCEL FINAL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 82- 24, GENERALLY DESCRIBED AS A RECTANGULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 57.8 ACRES LOCATED ON THE SOUTH SIDE OF MILL STREET BETWEEN EUCALYPTUS AVENUE AND PEPPER AVENUE) . (63) Council Member Castaneda made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-251 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. . GENERAL REPORTS AND CORRESPONDENCE Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the following items be filed: (64) a. Civil Service Eligibility Lists for: Fire Captain - Department Promotional Senior Field Engineer - Open and Promotional Recreation Leader - Open b. City Treasurer's Report on Interest Gained for the Second Fiscal Quarter. c. Application of Southern California Gas Company and Pacific Lighting Gas Supply Company before the Public Utilities Commission of the State of Cali- fornia to include in rate base, the costs associ- ated with the Liquefied Natural Gas Project, and to increase rates to reflect such rate base treatment. . d. Notice of Pacific Telephone rate increase applica- tion and public hearings regarding rate increase by approximately $820 million per year. e. Five alcoholic beverage control applications for the following new and transferred licenses: - 24 - 2/7/83 . . . New Ruth!'::" Damato 180-182 South Mt. Vernon Avenue On Sale General Mazen A. Bahu dba Bahu's Market 3981 Sierra Way Off Sale Beer & Wine Transferred Thrifty Corporation dba Thrifty Drugs 175 East 40th Street Off Sale General Jawad S. Abdeljawad & Anis D. Awad dba The Mini-Mart 180 West Rialto Avenue Off Sale Beer & Wine Alpha Beta Company 541 West Marshall Boulevard Off Sale General COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and took his place at the Council Table. . LEFT TURN PROHIBITATION - FROM KENDALL DRIVE ONTO ARROWHEAD AVENUE Council Member Strickler stated in a memorandum dated Feb- ruary 4, 1983 that citizens in the neighborhood of Arrowhead Ave- nue, Thompson Place and "E" Street presented a petition to the City requesting action be taken to implement appropriate traffic controls to slow vehicular traffic on Kendall Drive onto Arrow- head Avenue, which is a sharp left turn. Council Member Strickler recommended in his memorandum that action be initiated resulting in precluding a left turn from Kendall Drive onto Arrowhead Ave- nue. (Sl) Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that after viewing all the facts presented, and also in concurrence with the Police Depart- ment's letter dated Feburary 1, 1983, it is recommended that Arrowhead Avenue not be closed at Kendall Drive; however, that the California Division of Highways be requested to install a painted traffic island on Kendall Drive, in order to prohibit left turns from Kendall Drive onto Arrowhead Avenue, and that appropriate signs be placed as necessary. . SWAP MEET - FIFTH AND GARNER STREETS - CITY PROPERTY - OUR LADY OF GUADALUPE CHURCH In a letter dated January 28, 1983, Reverend Peter Luque, Pastor of Our Lady of Guadalupe Church, requested permission to hold a swap meet on City property located at Fifth and Garner Streets on February 12, 1983. He stated in his memorandum that the swap meet is a fundraiser to help them meet some of the parish expenses. (S2) Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that the request of Our Lady of Guadalupe Church to hold a swap meet on City owned property on Saturday, February 12, 1983, from 8:00 a.m. to 4:00 p.m., be approved, subject to the following conditions: 1. That the swap meet be held in the area immediately west of Garner Avenue as outlined on the submitted map. . 2. That Our Lady of Guadalupe Church submit proof of liability insurance in the amount of $250,000. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez was excused from the Council Meeting. - 25 - 2/7/83 . . . CONTRACT - ROBERT M. EPLER COMPANY - REVISING CITY HEALTH AND LIFE INSURANCE COVERAGE Joe Canton, Director of Personnel, requested in a memorandum dated February 1, 1983, that the employment of a consultant be authorized for preparation of specifications for going to bid and to assist in analyzing the bids received for the self-funded Blue Cross Health and Life Insurance Administration. (S3) Council Member Castaneda made a motion, seconded by Council Member Marks and unanimously carried, that the City Attorney be directed to prepare a contract with Robert M. Epler Company, Inc. for professional services in connection with the seeking of bids for revised health and life insurance coverage for City employees. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. . WAIVE READINGS - RESOLUTIONS The City Clerk read the titles of the three resolutions on the Supplemental Agenda. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that further reading of the tnree resolutions on the Supplemental Agenda be waived. COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and took his place at the Council Table. RES. 83-44 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO WHICH PROVIDES THAT THE CITY AGREES TO HOLD HARMLESS THE COUNTY FROM LIABIL- ITY FOR SERVICES REQUIRED BY COUNTY ACTIONS IN EN- FORCING THE CITY VENEREAL ORDINANCE. (S4) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. . Resolution No. 83-44 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Quiel, Hobbs, Strickler. Noes: None. Absent: None. Abstain: Council Member Marks. RES. 83-45 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 2482 ENTITLED IN PART "A RESOLUTION. . .DESIGNATING CERTAIN STREET INTER- SECTIONS WHERE A STOP IS REQUIRED. . ."; AND AU- THORIZING THE INSTALLATION OF A STOP SIGN ON CREEK- SIDE DRIVE AT FORTY-EIGHTH STREET. (55) Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda, that said resolution be adopted. Resolution No. 83-45 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. , COUNCIL MEMBERS HERNANDEZ AND HOBBS EXCUSED Council Members Hernandez and Hobbs were excused from the Council Meeting. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA PROVIDING FOR THE ISSUANCE OF CITY OF SAN BERNARDINO SEWER REVENUE RE- FUNDING BONDS. (S7) - 26 - 2/7/83 . . . Council Member Quiel made a motion, seconded by Council Mem- ber Marks and unanimously carried, that the resolution be con- tinued to Monday, February 14, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBERS HERNANDEZ AND HOBBS RETURNED Council Members Hernandez and Hobbs returned to the Council Meeting and took their place at the Council Table. OPPOSITION TO DRINKING ESTABLISHMENT IN RESIDENTIAL NEIGHBORHOOD - 180-182 SOUTH MT. VERNON AVENUE In a memorandum dated February 4, 1983, Council Member Hernandez stated that he has received opposition from citizens in the neighborhood of 180 South Mt. Vernon Avenue to the request from the business at 180-182 South Mt. Vernon Avenue for an Alco- holic Beverage Control license. Council Member Hernandez is re- questing in his memorandum that the Council indicate opposition to the State Alcoholic Beverage Control issuing a license for operation of a liquor dispensing establishment at that location. (S6) Mayor Holcomb suggested that the City use the conditional use permit process to regulate on-sale liquor establishments. ~ The Mayor and Common Council discussed types of businesses on Mt. Vernon Avenue. Council Member Hernandez made a motion, seconded by Council Member Reilly, to instruct the City Planning Director to write to the Alcoholic Beverage Control Board setting forth any and all adverse problems that the Planning Director can ascertain as far as allowing a liquor license at this location. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: Council Member Hobbs. Absent: None. REAPPOINTMENT - VINCENT - PLANNING COMMISSION Mayor Holcomb reappointed Patricia A. Vincent 21st Street, to serve on the Planning Commission. of 791 East (S8) Council Member Quiel made a motion, seconded by Council Mem- ber Marks and unanimously carried, that the reappointment be con- firmed. . COUNCIL MEMBERS HERNANDEZ AND HOBBS EXCUSED Council Members Hernandez and Hobbs were excused from the Council Meeting. APPOINTMENT - COOLEY - FIRE COMMISSION Pursuant to the recommendation of Council Member Reilly, Mayor Holcomb appointed Mr. Robert O. Cooley of 315 West 18th Street, to serve as a member on the Fire Commission. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the appointment be confirmed. COUNCIL MEMBERS HERNANDEZ AND HOBBS RETURNED Council Members Hernandez and Hobbs returned to the Council Meeting and took their place at the Council Table. . APPOINTMENT - GARCIA - POLICE COMMISSION Pursuant to the recommendation of Council Member Castaneda, Mayor Holcomb appointed Mrs. Emilia Garcia of 1124 West Fifth Street, to serve as a member on the Police Commission. Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that the appointment be confirmed. - 27 - 2/7/83 . . . COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. APPOINTMENT - CHANDLER - ANIMAL ADVISORY COMMISSION Mayor Holcomb appointed Dr. Harold Chandler of 5424 North Prado Court, to serve as a member on the Animal Advisory Commis- sion. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the appointment be con- firmed. COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and took his place at the Council Table. APPOINTMENT - MARKS - ADVISORY COUNCIL TO THE AUTHORITY FOR THE HANDICAPPED Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that Council Member Steve Marks be appointed to serve as a member on the Advisory Council to the Authority for the Handicapped. . COUNCIL MEMBERS CASTANEDA AND HERNANDEZ EXCUSED Council Members Castaneda and Hernandez were excused from the Council Meeting. RECONSIDER PREVIOUS ACTION - APPOINTMENT OF ELECTION OFFICERS, DESIGNATION OF POLLING PLACES Council Member Hobbs made a motion, seconded by Council Mem- ber Marks and unanimously carried, that the action adopting Reso- lution No. 83-42 appointing election officers and designating polling places for the Primary Municipal Election on March 8, 1983, be reconsidered. (61) The City Clerk answered questions regarding the criteria for locating polling places. No further action was taken. . RECESS MEETING - CLOSED SESSION At 3:20 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino recessed for a Closed Ses- sion for discussion on pending litigation. (42) CLOSED SESSION The Closed Session of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. Also present were Allen Briggs, Assistant City Attorney, and Ray Schweitzer, Deputy City Administrator. . ADJOURN EXECUTIVE SESSION At 4:55 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 4:55 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. - 28 - 2/7/83 . . . ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: council Member Hobbs. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez was excused from the Council Meeting. RES. 83-46 - RESOLUTION RATIFYING DIRECTIVE OF MAYOR AND COMMON COUNCIL TO REAL PROPERTY SECTION TO SELL CERTAIN PROPERTY, RATIFYING ESTABLISHMENT OF MINIMUM PRICE FOR SUCH PROPERTY, RATIFYING AND APPROVING FORM OF SPECIFICATIONS AND ADVERTISEMENT FOR BIDS, RATIFYING AND APPROVING METHOD OF AWARDING BID, AND CONFIRMING SALE OF REAL ESTATE. (Fourth Street, be- tween "D" Street and Arrowhead Avenue) The City Clerk read the title of the resolution. . Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-46 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Hernandez, Hobbs. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. DEVELOPMENT OF COURT AND "E" STREET PROPERTY - DOMINGUEZ VS. THE CITY OF SAN BERNARDINO Mayor Holcomb stated that one of the items discussed in the Closed Session was the development of the Court and "E" Street property. . Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that Agency Counsel Bill Flory be instructed to write to Mr. Frank Dominguez's attorney to ask Mr. Dominguez to submit in writing any plans or offers he wants to submit concerning the Court and "E" Street property and that his offer come before the Council on February 14, 1983, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ADJOURN MEETING At 4:57 p.m., Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the meeting adjourn to Monday, February 14, 1983, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. City Clerk Approved the 21st of February, 1983. . Mayor of the City of San Bernardino - 29 - 2/7/83