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HomeMy WebLinkAbout02-21-1983 Minutes . . City of San Bernardino, California . February 21, 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 21, 1983, at 9:06 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Reverend Gertrude M. Whetzel of God's Great Cause Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Quiel. . 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; Assistant City Attorney Briggs, City Clerk Clark, City Administrator Matzer. Absent: Council Member Hobbs. PROCLAMATION - EYE MONTH - MARCH, 1983 Dave Light, Executive Assistant to the Mayor, read a proc- lamation of the Mayor of the City of San Bernardino proclaiming the month of March, 1983, as Eye Month in the City of San Ber- nardino. Betsy Lopez of Inland Eye Bank, was present to accept the proclamation. RESOLUTION OF COMMENDATION - RAY AND EDNA RUCKER, OFFICER CLARENCE McDONALD Dave Light, Executive Assistant to the Mayor, read a reso- lution commending Ray and Edna Rucker and Officer Clarence McDonald for continued involvement with the Santa Claus tour through the City at Christmas. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the resolution be approved. . The resolution was accepted by Ray and Edna Rucker and Clarence McDonald. SUPPORT FOR PUBLIC EDUCATION - CONTINUED FROM FEBRUARY 7, 1983 This is the time and place continued to for a recommendation from Council Member Marks 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. (7) Mr. Howard Grossman, President of the San Bernardino School Board, urged the Council to convince State Legislature of the need for additional funding for schools. COUNCIL MEMBER HOBBS ARRIVED At 9:25 a.m., Council Member Hobbs arrived at the Council Meeting and took his place at the Council Table. . Dr. Neal Roberts, Superintendent of San Bernardino City Schools, asked the Council to support a resolution urging local representatives to provide financial support for the school system. . . Mr. Robert Noakes, President of San Bernardino Teachers Association, spoke regarding the budgetary problems that have .. reduced the quality of education. Dan King, President of San Bernardino City Schools Managers Association, gave statistics on the amount of money used for education. Mr. Don MacLachlan, President of Southern California Educa- tion Association, spoke regarding reduced workforce at the schools. Mayor Holcomb read the title of the following resolution: A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING SUPPORT FOR PUBLIC EDUCATION AND URGING THE STATE LEGISLATURE TO AFFORD PRIORITY STATUS TO THE FUNDING OF PUBLIC EDUCATION IN ADDITION TO OTHER HEALTH, SAFETY AND GENERAL WEL- FARE REQUIREMENTS OF URBAN COMMUNITIES. .. Mayor Holcomb suggested that the following be added to the resolution: "It be further resolved that the Mayor and Common Council of the City of San Bernardino urge our State Legislative representatives, Ruben Ayala and Terry Goggin and the assembly leadership, to take the lead and initiative to introduce appro- priate legislation to raise taxes on beer, wine, llquor and to- bacco to the average level of taxes raised by the other states and that all additional taxes raised be used for public educa- tion." Council Member Marks made a motion, seconded by Council Member Hobbs, that the resolution be amended to include the Mayor's recommendation. The motion carried by the following vote: Members Castaneda, Reilly, Marks, Quiel, Hobbs, None. Absent: None. Abstain: Council Member Ayes: Council Strickler. Noes: Hernandez. Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that further reading of the resolution be waived. . Council Member Marks made a motion, seconded by Council Mem- ber Hobbs, that the resolution be adopted as amended. The motion carried by the following vote: Members Castaneda, Reilly, Marks, Quiel, Hobbs, None. Absent: None. Abstain: Council Member Ayes: Council Strickler. Noes: Hernandez. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, to approve the holding of a joint meeting with all school districts and other City Councils to meet with State Legislators for support for public education. COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. CITY HALL PLAZA AREA USE - BOY SCOUTS OF AMERICA - JUNE 4, 1983 A letter dated February 1, 1983 was received from Craig R. Lesh, District Executive of the California Inland Empire Council Boy Scouts of America, requesting permission to use the City Hall plaza for the Scout Fair to be held on Saturday, June 4, 1983, from 10:00 a.m. to 4:00 p.m. (2) . - 2 - 2/21/83 . . . Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the request of the Arrowhead District of the California Inland Empire Council, Boy Scouts of America to use the City Hall plaza area for the Scout Fair to be held Saturday, June 4, 1983, from 10:00 a.m. to 4:00 p.m., be approved; and that this request be referred to the Superintendent of Public Buildings to determine what arrangements need to be made for said event. PARADE APPLICATION - YMCA CHILDREN'S CHRISTMAS EVENT - DECEMBER 3, 1983 Pursuant to the recommendation of the Chief of Police, Coun- cil Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the application for a parade to be held on December 3, 1983, submitted by the YMCA, be approved subject to the following conditions: (3) 1. The parade must start on time. 2. The Police Department must supply fifteen Police Reserves for traffic control. . 3. The Street Department must provide barricades for the event. COUNCIL PERSONNEL COMMITTEE REPORT - REQUEST TO FILL POSITIONS, ESTABLISH ELIGIBILITY LISTS - APPROVAL OF CURRENT ELIGIBILITY LISTS, PERSONNEL ACTIONS The Council Personnel Committee minutes of the February 11, 1983 meeting were presented. The Committee reviewed and rec- ommended approval of the requests to fill positions of Composition and Layout Clerk, Complaint Desk Coordinator, Personnel Techni- cian, Workstudy Intern, Phone Alert League Program Consultant and approved the request to establish eligibility lists for these positions. The Risk Management Coordinator position was recom- mended by the Council Personnel Committee to be filled and the Committee recommended elimination of one Kennelman position and reclassification of two Animal Control Aides to Animal Control Technicians. The current eligibility list for Equipment Mechanic Foreman and School Crossing Guard was recommended for approval by the Council Personnel Committee along with the personnel actions. (4 ) Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the report from ~ the Council Personnel Committee be filed. CLAIMS AND PAYROLL Council Member Strickler made a motion, seconded by Council Member Castaneda 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: January 31, 1983 February 7, 1983 #82/83 #82/83 $397,535.59 $633,030.95 2. Approve the total gross payroll for the period January 10, 1983 through January 23, 1983, in the amount of $928,622.74. 3. Approve a supplement to the gross payroll for the period January 10, 1983 through January 23, 1983, in the amount of $148.80. . APPROVE MINUTES - FEBRUARY 7, 1983 Council Member Marks requested that the minutes of February 7, 1983 be amended on page 13, paragraph 9, by changing the word "can" to "can't"; on page 22 by changing the words "Relationships in Unincorporated Territories" to'~elations With Unincorporated - 3 - 2/21/83 . . . Territories"; on page 23, paragraph 4, to change the maker and second to the motion to appoint Ray Fox to Council Member Marks and Council Member Castaneda; and on page 28, paragraph 5, to change the words "Advisory Council to" to "Governing Board of". Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the minutes be cor- rected as requested. COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and took his place at the Council Table. Council Member Strickler made a motion, seconded by Council Member Hobbs 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 7th day of February, 1983, as amended. PERSONNEL ACTIONS Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez 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. (6) City Administrator Matzer answered questions. The Personnel actions were approved as follows: APPOINTMENTS Central Garage Susan F. Gaddy - Intermediate Typist Clerk Effective February 22, 1983 Park and Recreation Michael S. Womack - Assistant Tree Trimmer Effective February 8, 1983 Police Department Timothy L. Cantrell - Identification Technician Effective February 22, 1983 . Robert F. Cravens - Identification Technician Effective February 22, 1983 Charles E. Hudson - Police Officer Effective February 22, 1983 Carl L. Morrow - Identification Technician Effective February 22, 1983 Ricardo C. Tomboc - Identification Technician Effective February 22, 1983 Public Services/Street Wane D. Girdler - Abatement Aide Effective February 22, 1983 Risk Management Ronald W. Solheim - Risk Management Coordinator (M) (U) (Acting) Effective February 1, 1983 TEMPORARY APPOINTMENTS . Convention Center Joseph C. Richard - Work Study Intern Effective January 6, 1983 - 4 - 2/21/83 . . . Park and Recreation Kale E. Rudy - Recreation Leader Effective February 14, 1983 Susan M. Schmidt - Senior Recreation Leader Effective February 15, 1983 Police Department Jeanette R. Merriam - Crossing Guard Effective February 7, 1983 John W. Miller - Crossing Guard Effective February 7, 1983 Public Buildings Kenneth R. Housman - Security Officer Effective February 8, 1983 Robert A. Rees - Senior Security Officer Effective February 8, 1983 . Custodial Aide - Effective Juan B. Cabrera Louie J. Castro Donald L. Emkens Arthur T. Jimenez Barbara N. Jones Peter W. Marshall Rina R. Perez Robert Sater field Gregory T. Smith Robert S. Willmarth February 8, 1983 Isabel E. Castillo Kevin D. Chatham Jesus M. Flores Joey Lemos Gilbert Lopez George F. Olivas Rodney Roberson Rodney J. Shelton Raymond Williams PROMOTIONAL APPOINTMENTS Central Garage Claude F. Patty - Equipment Mechanic to Equipment Mechanic Foreman (~~) - Effective February 22, 1983 Park and Recreation Frank G. Newman - Recreation Aide to Recreation Leader Effective February 7, 1983 . Police Department James D. Alexander - Complaint Desk Coordinator to Identification Technician - Effective February 22, 1983 Carole L. Menchen - Complaint Desk Coordinator to Identification Technician - Effective February 22, 1983 Public Works/Engineering William J. Post - Civil Engineering Associate to Senior Field Engineer (MM) - Effective February 22, 1983 PROVISIONAL APPOINTMENTS Convention Center Roger Hughes Jr. - Program Coordinator (MM) Effective February 22, 1983 Police Department Barbara L. Ortiz - Complaint Desk Coordinator Effective February 22, 1983 REINSTATEMENT . Public Buildings Richard N. Dewberry - Security Officer Effective February 22, 1983 - 5 - 2/21/83 . . . . . . LEAVE OF ABSENCE Communications Lawrence Gatlin - Communications & Electronics Technician From February 7, 1983 to February 11, 1983 Personnel Carole Greenberg - Personnel Clerk I From February 15, 1983 to February 18, 1983 Public Services/Street Ernest Montoya - utility II From February 21, 1983 to March 6, 1983 LEGISLATIVE REVIEW COMMITTEE REPORT - GAMES OF AMUSEMENT APPLICATIONS Council Member Strickler, Chairman of the Legislative Re- view Committee, presented the Legislative Review Committee minutes of their meeting held February 10, 1983 where the Legislative Re- view Committee questioned the Chief of Police with regard to the impact games of amusement have on the Police Department. The Police Chief responded that the location of these games have not created any major police problem and was not certain on how to enforce any proposed ordinance. Chairman Strickler stated that the Legislative Review Committee discussed with a representative from the Unified School District on the District's position con- cerning the game machines. The School's representative stated that the School District objects to having these machines located near schools and presented information on what he saw as particular problem areas. Also discussed was the legality establishing and enforcing the proposed ordinance to limit game machines. (23) The Legislative Review Committee agreed that the most effec- tive and productive method to resolving this problem would be handling the problem areas as they arose. The Committee recom- mended that no changes be made in the existing ordinance dealing with the location of games of amusement and allow the Police De- partment and School District time to implement and evaluate their informal program. Council Member Strickler, Chairman of the Legislative Review Committee, answered questions. The Council discussed the difficulty in enforcing an ordinance that would limit the hours of operation of game machines. GAMES OF AMUSEMENT LICENSES - CARRICO-RUSSELL - SADDLER, SADDLER & LEWIS - SNEEGAS - DARVIN - CONTINUED FROM FEBRUARY 7, 1983 This is the time and place continued to for action on the games of amusement business license applications submitted by Aloha Clairisa Carrico-Russell, Kevin and Thomas Saddler and Darryl Lewis, Ralph Sneegas and Arnold Darvin. (8, 9, 10, 11) Council Member Castaneda made a motion, seconded by Council Member Hobbs, that the applications of Aloha Clairisa Carrico- Russell, Kevin and Thomas Saddler, Darryl Lewis, Ralph Sneegas and Arnold Darvin for games of amusement license, be approved. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Quiel, Hobbs, Strickler. Noes: Coun- cil Member Hernandez. Absent: None. Abstain: Council Member Marks. GENERAL PLAN ~1ENDMENT - SOUTHWEST CORNER OF RANCHO AVENUE AND MILL STREET - CONTINUED FROM FEBRUARY 7, 1983 This is the time and place continued to for a request from Council Member Hernandez 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. (12) - 6 - 2/21/83 . . . The matter was continued from the February 7, 1983 Council Meeting to allow Council Member Hernandez time to come back with a description of the area involved. Council Member Hernandez made a motion, seconded by Council Member Castaneda, that the Planning Commission be instructed to initiate a general plan study for the area located generally be- tween Rancho Avenue and Meridian Avenue on both the north and south sides of Mill Street. The study is to evaluate the need for changes to the existing general plan based on existing and proposed land uses in the area. Frank Schuma, Planning Director, answered questions stating that the area designated includes property which was considered for rezoning earlier. In a previous action, some of this prop- erty was considered for rezoning but the rezoning was denied at the request of the property owner. The Planning Director answered questions regarding the usual process for the general plan amendment. . Council Member Castaneda withdrew his second to Council Mem- ber Hernandez's motion and Council Member Marks seconded the motion. Frank Schuma, Planning Director, answered questions stating that the Planning Department would not process a general plan amendment without a request from the property owner unless directed to do so by the Council. Council Member Quiel made a substitute motion, seconded by Council Member Hernandez and unanimously carried, that this re- quest for a general plan study be continued to Friday, March 4, 1983, for a map of the area along with a statement for the pur- pose of the general plan amendment. . SEWER CONSTRUCTION - WALNUT, MUSCOTT, BELLEVIEW, CONGRESS AND PICO STREETS - APPROVAL OF WORK - MERLIN JOHNSON CONSTRUCTION - CONTINUED FROM FEBRUARY 7, 1983 This is the time and place continued to for a decision on the recommendation of approval from the City Engineer of the con- struction of sewers and appurtenant facilities in portions of Walnut, Muscott, Belleview, Congress and Pico Streets by Merlin Johnson Construction. (13) Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that the work performed by the contractor, in accordance with Specification 6150, be ap- proved and accepted; and that final payment be authorized pending approval of Change Order No. Two at the end of the lien period. . WAIVER OF FRANCHISE PROVISION - FIELD CABLEVISION - LOCAL OFFICE - CONTINUED FROM FEBRUARY 7, 1983 This is the time and place continued to for a request from Field Cablevision requesting a waiver of their franchise require- ment to maintain an office within the City. It was recommended by the Community Television Commission that the waiver be granted as the subscriber fee does not bear the cost of a local office. (14) Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda, that the requirement contained 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 for Field Cablevision Company and that the City Attorney be directed to prepare the necessary documentation to accompliSh said waiver. Mayor Holcomb suggested that when someone in the City ordinance, that person be required ing fee of at least $500 to reimburse the City asks for a change to pay a process- for the cost. - 7 - 2/21/83 . . . The Office Manager of the Redlands Field Cablevision Com- pany was present to answer questions stating that at this time, Field Cablevision has 112 subscribers in the City limits. Council Member Quiel made a substitute motion, seconded by Council Member Castaneda, that the City Attorney be instructed to prepare the necessary amendment to Municipal Code Section 14.08.070 pertaining to the maintenance of an office within the City of San Bernardino by Field Cablevision and that the ordinance include a request that the applicant, as a policy, be required to pay all out-of-pocket costs for the amendment of the ordinance in the amount of $500 or the actual costs if it is greater than that amount. Assistant City Attorney Briggs stated that in order to im- pose fees for ordinance changes, the City would first have to adopt a resolution setting the fees with justification for the amount and hold a public hearing unless the applicant voluntarily agrees to pay the fee. . Council Member Hernandez made a substitute motion, seconded by Council Member Castaneda and unanimously carried, that the proposed ordinance allowing an exemption to the franchise requir- ing a local office for Field Cablevision be continued to Friday, March 4, 1983, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 83-48 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO ESTABLISHING A PROCEDURE FOR REVIEW AND APPROVAL OF PLANS. (Continued from February 7, 1983) (15) The City Clerk read the title of the resolution. 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 Castaneda, that said resolution be adopted. Resolution No. 83-48 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. . REQUEST FOR ASSISTANCE - U.S. MARINE CORPS - SECOND ANNUAL COLOR CEREMONY - MARCH 13, 1983 A letter dated February 9, 1983 was received from J. L. Mattson, Captain of the United States Marine Corps, stating that arrangements have been made at the National Orange Show Stadium for the Second Annual united States Marine Corps Battle Color Ceremony. He is requesting in the letter assistance of the City in rolling the two dirt areas of the National Orange Show Stadium field and financial assistance to defray the cost of bag lunches for 200 Boy Scouts, Explorers, Sea Cadets and Young Marines who will be assisting as ushers and in the clean-up duties. (16) Captain Mattson gave an overview of what is planned for the United States Marine Corps Battle Color Ceremony. . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the Superintendent of Public Services be authorized to make the necessary arrangements to prepare the (National Orange Show Stadium field) area to be used for demonstration/ceremonial purposes during the Second Annual U. S. Marine Corps Battle Color ceremony to be held March 13, 1983. - 8 - 2/21/83 . . . . . . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that a weed abatement assignment be approved for the United States Marine Corps, in the amount of $280, to defray the cost of bag lunches for 200 Boy Scouts, Explorers, Sea Cadets and Young Marines who will be assisting as ushers and in clean-up duties during the Second Annual U. S. Marine Corps Battle Color ceremony and that the Director of Public Works/City Engineer be directed to contact the organization's representative and proceed with the implemen- tation of said work assignment. UNUSON CORPORATION FESTIVAL - REIMBURSEMENT OF COSTS - MEMORIAL DAY WEEKEND A memorandum dated February 14, 1983 was received from Coun- cil Member Quiel recommending that a commitment agreement be ob- tained from the County Board of Supervisors for reimbursement of costs to the City for manpower and equipment use generated by the Memorial Day weekend Unuson Corporation festival. (17) Mayor Holcomb urged the Council to deal directly with Unuson Corporation and to table this matter. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez, that the City Administrator be instructed to pre- pare a report delineating "total cost to the City" for City man- power and equipment use in support of the Unuson Memorial Weekend festival for review by the Mayor and Council at the March 4, 1983 Council meeting. Further, instruct the City Administrator to advise the San Bernardino County Administrative Officer of this action and the subsequent preparation of a proposed contract agreement between the City and County for reimbursement of ad- ditional costs incurred to the City as a result of the Unuson Memorial Weekend festival. Council Member Marks also made a motion, seconded by Council Member Hernandez, that the City Administrator be instructed to assemble data and documentation to substantiate "cost to City" for all services expended in support of 1982 Labor Day Unuson festival and identify reimbursement of dollars received by the City for support of this festival and proposed action to guaran- tee payment of remainder of cost statement submitted by the City. City Administrator Matzer answered questions stating that the costs of the last Unuson festival totaled $22,000. Council Member Quiel made a substitute motion, seconded by Council Member Castaneda and unanimously carried, to advise the County Board of Supervisors that the City incurs some huge costs on Unuson and that Unuson be notified of the costs that the City is incurring to see if Unuson will reimburse the City. WEED ABATEMENT SERVICE - 1983-84 - ADVERTISE FOR BIDS C. Glenn Wilson, Director of Public Works/City Engineer, requested in a memorandum dated February 15, 1983, authorization to advertise for bids for a major portion of the 1983-84 weed abatement work. The City Engineer stated in his memorandum that the balance of the work will be performed by City forces. (18) Mayor Holcomb urged the Council to approve the specifica- tions for discing only so that hand labor would not be included. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the Director of Public Works/City Engineer be directed to advertise for bids for weed abatement discing services only for the City during 1983-84, as outlined in the memorandum from the City Administrator dated February 15, 1983, except the bids are not to include hand labor. - 9 - 2/21/83 . . . . . . INJUNCTION REQUEST - PROPOSED RATE INCREASE - MOUNTAIN SHADOWS CABLE TV SYSTEMS, INC. Russell Lackner, Chairman of the Community Television Com- mission, stated in a memorandum dated February 16, 1983 that the Community Television Commission discussed at their meeting of February 15, 1983, the operation of Mountain Shadows Cable TV Systems, Inc. and their proposed rate increase. The Chairman of the Community Television Commission also stated in his memorandum that Mountain Shadows Cable TV Systems has operated since 1975 within the Mountain Shadows Mobile Home Park and in 1978, expanded into a tract of homes within the City. The cable company applied for a franchise but a franchise has not yet been granted. The Chairman of the Community Television Commission is requesting that the City Attorney be directed to seek an injunction to pre- vent a proposed rate increase by Mountain Shadows Cable TV Sys- tems, Inc. (19) A letter dated February 17, 1983 from Arnold Stubblefield of Mountain Shadows Cable TV Systems, Inc., addressed to Council Member Steve Marks was presented. The letter referred to a meeting of February 16, 1983 attended by Steve Marks, Olen Jones and Roy Nierman for the City and Arnold and John Stubblefield for Moun- tain Shadows Cable TV Systems, where the following understanding was reached: Mountain Shadows Cable TV Systems currently has a franchise application before the City which is being pro- cessed; increase in rates to customers will be subject to review by the City Council and the additional service and increased rate schedule due to go into effect March 1, 1983 will be effective as of that date, however, said rate shall be subject to review and approval by the City Council at the time of franchise approval. Mayor Holcomb objected to the manner in which the matter was negotiated and urged the Council to consider that Mountain Shadows owes the City for unpaid franchise fees and utility taxes. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the matter be re- ferred to the Legislative Review Committee. (reconsidered, see page 14) 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. RES. 83-49 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO DESIGNATING A DESCRIBED AREA AS A SURVEY AREA AND FINDING THAT SAID AREA REQUIRES STUDY TO DETER- MINE IF A REDEVELOPMENT PROJECT IS FEASIBLE. (Commercial areas of "E" Street, Base Line and Highland Avenue) The City Clerk read the title of the resolution. Council Member Castaneda made a motion, seconded by Council Member Strickler, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-49 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Hobbs, Strickler. Noes: None. Absent: None. Abstain: Coun- cil Member Quiel. - 10 - 2/21/83 . . . ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 18.44.030 OF THE SAN BERNARDINO MUNICIPAL CODE TO PERMIT GUARANTEE BY REDEVELOPMENT AGENCY IN LIEU OF BOND, CASH OR SECURITY IN DEVELOPMENTS COVERED BY DISPOSITION AND JOINT DEVELOPMENT AGREE- MENT. FIRST The City Clerk read the title of the ordinance. Council Member Strickler made a motion, seconded by Council Member Hobbs, that the first reading of the ordinance be waived and said ordinance be laid over for final passage. The motion carried by the following vote: Members Castaneda, Reilly, Marks, Quiel, Hobbs, None. Absent: None. Abstain: Council Member Ayes: Council Strickler. Noes: Hernandez. JOINT PUBLIC HEARING - SALE OF AGENCY PROPERTY - SOUTH SIDE OF RIALTO AVENUE, BETWEEN "F" AND "G" STREETS - CENTRAL CITY SOUTH PROJECT AREA This is the time and place set for a joint public hearing for the sale of Agency owned property located on the south side of Rialto Avenue, between "F" and "G" Streets, to Greyhound Cor- . poration. Bill Flory, Agency Counsel, recommended that the Mayor open the hearing to determine if anyone else is interested in this property besides Greyhound. If no one is interested, then the Council should issue to Greyhound an exclusive right to negotiate until July of 1983. Mayor Holcomb opened the hearing. The Mayor and Common Council spoke regarding a centralized bus terminal within the City. Council Member Castaneda made a motion, seconded by Council Member Strickler and unanimously carried, that the hearing be closed. . Council Member Castaneda made a motion, seconded by Council Member Strickler and unanimously carried, that Mayor Holcomb and Gary Van Osdel, Executive Director of the Redevelopment Agency, are hereby authorized to execute, on behalf of the Agency, an exclusive right to negotiate to Greyhound Lines, Inc., from Feb- ruary 21, 1983 to July 18, 1983, for the development of Agency owned property located on the south side of Rialto Avenue, be- tween "F" and "G" Streets, Central City South Project Area (APN 136-021-02-04 and a portion of 05). RES. 83-50 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AMONG THE CITY, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND CENTRAL CITY COMPANY RELATING TO A SECURITY GUARD PROGRAM. Gary Van Osdel, Executive Director of the Redevelopment Agency, explained how this resolution relates to the resolution regarding utilization of the three level parking structure, the resolution authorizing the lease agreement of the "J" building and the resolution relating to parking for the Woolworth build- ing. The Council discussed safeguards within the resolution that would insure future development. . Mr. Sam Catalano, Manager of the Central City Company, ex- plained that the resolution included certain options which would give the City control over future development. - 11 - 2/21/83 . . . council Member Castaneda made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived. Council Member Strickler made a motion, seconded by Council Member Castaneda, that the resolution be adopted with the changes set forth in the memorandum dated February 21, 1983 signed by Assistant City Attorney Allen Briggs, including a reference in the security personnel schedule for extra security officer hours for the Christmas season and moonlight sales. Resolution No. 83-50 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. RES. 83-51 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AMONG THE CITY, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND CENTRAL CITY COMPANY RELATING TO PARKING UTILIZATION IN THE THREE-LEVEL PARKING STRUCTURE. . The City Clerk read the title of the resolution. Council Member Castaneda made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived. Council Member Strickler made a motion, seconded by Council Member Castaneda, that said resolution be adopted. Resolution No. 83-51 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. RES. 83-52 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH OPTION TO BUY AMONG THE CITY, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNAR- DINO, AND CENTRAL CITY COMPANY RELATING TO THE LEASING OF THE J BUILDING. (Located on "E" Street immediately under the top level of the three-level parking structure) . The City Clerk read the title of the resolution. Council Member Castaneda made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived. Council Member Strickler made a motion, seconded by Council Member Castaneda, that said resolution be adopted. Resolution No. 83-52 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. RES. 83-53 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A PARKING LICENSE AND EASEMENT AGREEMENT AMONG THE CITY, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, AND CENTRAL CITY COMMERCE CENTER RELATING TO PARKING FOR THE WOOLWORTH BUILDING. . The City Clerk read the title of the resolution. Council Member Castaneda made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived. - 12 - 2/21/83 . . . Council Member Strickler made a motion, seconded by Council Member Castaneda, that said resolution be adopted. Resolution No. 83-53 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROVIDING FOR THE SALE OF SEWER REVENUE REFUNDING BONDS, ISSUE OF 1983. The City Clerk read the title of the resolution. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that further reading of the resolution be waived. Warren Beebe, Bond Counsel, answered questions. Mayor Holcomb explained why he had asked Warren Beebe to act as the City's Bond Counsel in this matter. . Warren Beebe, Bond Counsel, explained that the bond issue is for improvement of the treatment plant and it is needed to finance $3,000,000 of matching money for a federal grant. Glenda Saul, Deputy Director of the Redevelopment Agency, was also present to answer questions. The Council agreed to discuss this matter in Closed Session as it might result in litigation. RES. 83-54 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, RELATING TO THE DEVELOPING OF A FINANCING PROGRAM FOR THE CITY'S NEW CENTRAL LIBRARY AND FOR THE CENTRAL FIRE STA- TION. The City Clerk read the title of the resolution. Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived. ~ Gary Van Osdel, Executive Director of the Redevelopment Agency, answered questions stating that this resolution will address the possibility of refinancing the fire station at a lower interest rate. Council Member Quiel made a motion, seconded by Council Mem- ber Marks, that said resolution be adopted. Resolution No. 83-54 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. RECESS MEETING At 12:07 p.m., Council Member Castaneda 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. - 13 - 2/21/83 . . . ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler; Assistant City Attorney Briggs, City Clerk Clark, City Administrator Matzer. Absent: Council Member Castaneda. PLANNING COMMISSION REPORT Frank Schuma, Planning Director, gave the Planning Report regarding all Planning Commission matters of the meeting of February 8, 1983. The following recommendation was made: That the amendment to the San Bernardino Municipal Code, Chapter 19.28.060 - Building Height, to amend the maximum building height within the C-3 General Commercial zone from 35 feet to 45 feet, be recom- mended for approval with wording as contained in the memorandum to the Planning Commission dated February 8, 1983. (53) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, to approve the responses to comments and to adopt the Negative Declaration which has been . reviewed and considered. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the recommendation of the Planning Commission be approved. SIXTH WARD EXPENDITURE - EQUIPMENT PURCHASE - JOHNSON HALL COMMUNITY CENTER In a memorandum dated February 11, 1983, Annie Ramos, Director of Park and Recreation, recommended that an expenditure of $850.00 be authorized for the purchase of 20 tiny tot cots, a typewriter and a saf-t-trike for use at the Johnson Hall Community Center. (20) Council Member Hobbs made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that $850 be authorized from Park Extension Ward Account No. 41-460-696 for the purchase of equipment for Johnson Hall Community Center. . COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. RECONSIDER PREVIOUS ACTION - INJUNCTION REQUEST - PROPOSED RATE INCREASE - MOUNTAIN SHADOWS CABLE TV SYSTEMS, INC. The action reZerring the request from the Community Tele- vision Commission that the City Attorney be directed to seek an injunction to prevent a proposed rate increase by Mountain Shadows Cable TV Systems, Inc. to the Legislative Review Committee was re- considered. (19) Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the matter of a franchise for Mountain Shadows Cable TV Systems, Inc. be referred to the Legislative Review Committee with the understanding that Mountain Shadows Cable TV Systems and the Legislative Review Committee will complete the franchise application process within 30 days and any rate increase approved prior to the approval of a franchise will be subject to review and approval of the City. . STREET LIGHTING IMPROVEMENTS - BASE LINE, BETWEEN "H" STREET AND WATERMAN AVENUE - CHANGE ORDER NO. ONE - PAIGE ELECTRIC COMPANY In a memorandum dated February 11, 1983, the Director of Public Works/City Engineer recommended that Change Order No. One to the contract with Paige Electric Company for the installation - 14 - 2/21/83 . . of street lighting improvements on Base Line, between "H" Street and Waterman Avenue, be approved. The Change Order will authorize .. the contractor to clear existing conduit of foreign matter. (21) Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that the work performed by the contractor, in accordance with Specification No. 6185, be approved and accepted; that final payment be authorized at the expiration of the lien period; and that Change Order No. One be approved for an increase not to exceed $1,000.00 in the contract price, from $68,300 to $69,300. PROPOSED ASSESSMENT DISTRICT - SEWER MAINS INSTALLATION, LIFT STATION - PEPPER AVENUE AND MILL STREET C. Glenn Wilson, Director of Public Works/City Engineer, requested in a memorandum dated February 10, 1983, authorization to proceed with the formation of an assessment district relative to the construction of sewer mains and lift station in the area of Pepper Avenue and Mill Street. (22) . Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the City Engineer and City Clerk be authorized to proceed with initiating proceed- ings for the establishment of an assessment district under the provisions of Chapter 12.90 of the San Bernardino Municipal Code; and that the City Engineer be directed to prepare an Engineer's Report for the proposed construction of sewer mains and lift station in the area of Pepper Avenue and Mill Street as delin- eated on Map No. Three, attached to the memorandum dated February 10, 1983 from C. Glenn Wilson, Director of Public Works/City Engineer; and that the financing recommendations, as set forth in said memorandum, be approved. COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and took his place at the Council Table. . LEGISLATIVE REVIEW COMMITTEE REPORT - PARKING REQUIRE- MENTS FOR NON-CONFORMING STRUCTURE OR USE VACATED Council Member Strickler, Chairman of the Legislative Review Commiteee, presented the Legislative Review Committee minutes of their February 10, 1983 meeting where a proposed amendment to the Municipal Code regarding the imposition of parking requirements for any non-conforming structure or use within the Parking Dis- trict vacated in excess of 180 days was discussed. (23) Chairman Strickler reported that the Legislative Review Committee recommends that this matter be tabled. Council Member Strickler made a motion, seconded by Council Member Hobbs, that the proposed ordinance amending Municipal Code Section 19.56.210 to impose parking requirements in the parking district for any non-conforming structure or use vacated for 180 days, be tabled. The motion carried by Members Reilly, Hernandez, cil Member Marks. Absent: the following vote: Ayes: Council Quiel, Hobbs, Strickler. Noes: Coun- Council Member Castaneda. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel was excused from the Council Meeting. . CLASS ACTION LAWSUIT - CITY OF ANAHEIM - PERS John Matzer, City Administrator, recommended in a memorandum dated February 15, 1983, that the City financially support the City of Anaheim in their test SB-90 claim filed with the State Board of Control for reimbursement of costs resulting from the passage of AB-2674 (Boatright). (24) - 15 - 2/21/83 . . . The City Administrator explained in his memorandum that the City of Anaheim requested other California cities to participate financially in the lawsuit designated to recover the costs of the 10% ad hoc cost-of-living adjustment granted to PERS retirees under the Boatright Bill of 1979. If the lawsuit is lost, the City of Anaheim will lose approximately $300,000,000 and will provide the legal basis for the state legislature to usurp the right of cities to establish the benefits paid to retirees of the PERS system. If the lawsuit is won, the State will be re- quired to return the PERS funds that were expended in granting the 10% cost-of-living adjustment in 1980. Council Member Reilly stated he would abstain from voting on this matter as he is a member of the PERS. Council Member Hobbs made a motion, seconded by Council Mem- ber Strickler, that the request of the City of Anaheim for fi- nancial support, in the amount of $500, as the City's participa- tion in the SB-90 Class Action lawsuit, be approved. The motion carried by the following vote: Ayes: Council Members Hernandez, Marks, Hobbs, Strickler. Noes: None. Absent: Council Members Castaneda, Quiel. Abstain: Council . Member Reilly. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. BLOCK PARTY REQUEST - AL LUNA AND ASSOCIATES - MARCH 5, 1983 - MACY STREET, SECOND STREET, KING STREET AND TERRANCE STREET A letter dated February 16, 1983 was received from Alfred Arellano, President of Al Luna Productions Inc., Party People of Southern California, requesting permission to hold a block party on March 5, 1983 as a campaign push for Tim Gergen. Mr. Arellano stated in his letter that the event would be a promotion push for Al Luna Productions and Party People of Southern California who are trying to establish a training school for students who show no interest in a scholastic education, and that the block party would be in the vicinity of Macy Street, south of Broadway, Second Street, King Street and Terrance Street, south of Broadway or at Nunez Park. (27) . Council Member Hernandez stated that he had a petition from area residents in opposition to this request. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the request of Al Luna and Associates for a block party on March 5, 1983, be denied. OPPOSITION TO DETACHMENT OF TERRITORY FROM CITIES A letter dated February 1, 1983 addressed to Albert Huntoon, Mayor of the City of Colton, from Mayor Holcomb was presented. The letter states that the Mayor is alerting the cities in San Bernardino County and in the Citrus Belt Division of the League of California Cities that San Bernardino County is attempting to amend MORGA (Municipal Organization Act) to allow the County's Local Agency Formation Commission to detach territory from a city without the city having the right to protest or veto such action. The Mayor is requesting in his letter that each city receiving the letter adopt a resolution opposing any amendment to MORGA which would allow the detachment of territory from cities without their specific permission and to forward copies of the resolution to the appropriate county and state legislators and the League of 4t California Cities. (28) - 16 - 2/21/83 . . . . . . Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the letter from the Mayor to all Mayors and City Managers in San Bernardino and Riverside Counties, all SANBAG members and the League of California Cities requesting adoption of a resolution opposing any amendment to MORGA which would allow the detachment of territory from cities without their specific permission be ratified, confirmed and ap- proved. PARADE APPLICATIONS - MEXICAN CHAMBER OF COMMERCE - AMERICAN LEGION-ARMED FORCES AND VETERANS DAY PARADE COMMITTEE - MAY 1, 1983 Applications have been received from the Mexican Chamber of Commerce and the American Legion-Armed Forces and Veterans Day Parade Committee of the National Orange Show, requesting permis- sion to conduct a parade on May 1, 1983. The parade for the Mexican Chamber of Commerce Cinco de Mayo celebration is to start at 12:00 noon and the American Legion-Armed Forces and Veterans Day Parade is to start at 11:30 a.m. The Police Department has stated that they do not have enough manpower to cover both parades at the time requested. (25 & 26) A memorandum dated February 21, 1983 was received from Lorraine Velarde, Mayor's Administrative Assistant, stating that after a discussion between the parties and departments involved, they had reached an agreement which resulted in changes in the parade starting times. The Mexican Chamber of Commerce parade will start at 10:00 a.m. and end at 11:15 a.m., and the Armed Forces Day Parade will start at 1:00 p.m. and end at 3:30 p.m. Ms. Velarde also stated in her memorandum that the cost of both parades would total approximately $2,601.76. Mario Porras of the Mexican Chamber of Commerce, agreed to the solution proposed and stated that the Cinco de Mayo parade will start at 10:00 a.m. Michael Gaughan, Chairman of the Armed Forces Day Parade, was present. Joe Brosmer, Manager of the National orange Show, objected to the recommendation of the Mayor that parade applicants pay a fee to help defray the costs. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the application sub- mitted by the Mexican Chamber of Commerce for a parade on May 1, 1983, be approved with the condition that the parade begin at 10:00 a.m. and that the parade follow the approved route; and that the application submitted by the American Legion/Armed Forces Day Parade Committee for a parade on May 1, 1983, be ap- proved with the condition that the parade begin at 1:00 p.m. and that the parade follow the approved route. RECESS MEETING - CLOSED SESSION At 2:30 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 on the sewer revenue bonds. 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 with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler; City Administrator Matzer. Absent: Council Member Castaneda; City Clerk Clark. - 17 - 2/21/83 . . . Also present were Gary Van Osdel, Executive Director of the Redevelopment Agency, Glenda Saul, Deputy Director of the Re- development Agency, Warren Beebe, Bond Counsel, and Raymond Schweitzer, Deputy City Administrator. ADJOURN CLOSED SESSION At 3:15 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 3:15 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler; Assistant City Attorney Briggs, City Clerk Clark, City Administrator Matzer. Absent: Council Member Castaneda. . RES. 83-55 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROVIDING FOR THE SALE OF SEWER REVENUE REFUNDING BONDS, ISSUE OF 1983. The City Clerk read the title of the resolution. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that further reading of the resolution be waived. Council Member Strickler made a motion, seconded by Council Member Hobbs, that said resolution be adopted. Resolution No. 83-55 was adopted by the following vote: Ayes: Council Members Reilly, Quiel, Hobbs, Strickler. Noes: None. Absent: Council Member Castaneda. Abstain: Council Mem- bers Hernandez, Marks. . METCALF PROJECT A letter dated February 21, 1983 was received from Chuck Brammer of Hallmark questioning the integrity of the City in its relationship with Hallmark. Mr. Brammer referred to a discussion that took place at the Council Meeting on February 7, 1983 where Hallmark was accused of granting a City Council Member commerical considerations. He requested in his letter that the Agency re- scind the resolution dissolving Hallmark's contract with the Agency and either proceed as agreed or open to new bids for the Metcalf Project. The Mayor and Common Council discussed the letter. The Executive Director of the Redevelopment Agency answered questions regarding the Metcalf Project. Council Member Hobbs made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the letter be filed. WAIVE READINGS - RESOLUTIONS The City Clerk read the title of all the resolutions on the agenda. it Council Member Strickler made a motion, seconded by Council Member Hobbs and unanimously carried, that further reading of all the resolutions on the agenda be waived. - 18 - 2/21/83 . . . RES. 83-56 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT TO STANLEY E. NELSON, FOR COMPLETION OF CONSTRUCTION OF A RESTROOM/CONCESSION/ STORAGE BUILDING AT BALLARD LITTLE LEAGUE FIELD IN NUNEZ PARK. (34) Council Member Hernandez made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-56 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: Council Member Castaneda. RES. 83-57 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH ED MARTIN'S DISCING RELATING TO AN EXTENSION OF THE AGREEMENT FOR DISCING AND HAND CLEANING VACANT PROPERTIES WITHIN THE BOUNDARIES OF THE CITY OF SAN BERNARDINO. (35) Council Member Hernandez made a motion, seconded by Council Member Quiel, that said resolution be adopted. . Resolution No. 83-57 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: Council Member Castaneda. RES. 83-58 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO ACKNOWLEDGING RECEIPT OF NOTICE OF TERMINATION AND ACCEPTING TERMINATION OF PAL PROGRAM CONSULTANT EFFECTIVE FEBRUARY 18, 1983. (Marjorie Booker) (37a) Council Member Hernandez made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-58 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: Council Member Castaneda. . RES. 83-59 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT, OFFICE OF EMPLOYMENT AND TRAINING, FOR SINGLE SERVICE DELIVERY AREA STATUS UNDER THE JOB TRAINING PARTNERSHIP ACT. (36) Council Member Marks made a motion, seconded by Council Member Hobbs, that said resolution be adopted. Resolution No. 83-59 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: Council Member Castaneda. Council Member Marks made a motion, seconded by Council Member Hobbs and unanimously carried, that the CETA Director be authorized by the Mayor and Common Council to submit an applica- tion to the State of California for Single Service Delivery Area Status, pursuant to presentation made on January 25, 1983. RES. 83-60 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE CANCELLATION OF FIFTEEN CITY OF SAN BERNARDINO SEWER REVENUE BONDS, SERIES 1, IN THE AMOUNT OF FIFTEEN THOUSAND DOLLARS ($15,000.00). (37) . Council Member Strickler made a motion, seconded by Council Member Hobbs, that said resolution be adopted. - 19 - 2/21/83 . . Resolution No. 83-60 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Hobbs, It Strickler. Noes: None. Absent: Council Member Castaneda. RES. 83-61 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 81-237 SECTION 1 TO ESTABLISH INCREASED PRICES FOR GRAVES IN PIONEER MEMORIAL CEMETERY. (38) Council Member Strickler made a motion, seconded by Council Member Hobbs, that said resolution be adopted. Resolution No. 83-61 was adopted by the following vote: Ayes: Council Members Reilly, Quiel, Hobbs, Strickler. Noes: Council Members Hernandez, Marks. Absent: Council Member Castaneda. RES. 83-62 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE POLICE DEPARTMENT. (39) Council Member Quiel made a motion, seconded by Council Mem- ber Reilly, that said resolution be adopted. It Resolution No. 83-62 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: Council Member Castaneda. RES. 83-63 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ROBERT M. EPLER COMPANY, INC., RELATING TO CONSULT- ING SERVICES FOR THE CITY'S SELF-FUNDED MEDICAL AND HOSPITALIZATION AND LIFE INSURANCE PROGRAM ADMINIS- TRATION. (40) Council Member Hobbs made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. Resolution No. 83-63 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: Council Member Castaneda. Abstain: Coun- cil Member Hernandez. . RES. 83-64 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PEARLINE DAVIS RELATING TO SERVICES FOR MANAGING THE PHONE ALERT LEAGUE (PAL) PROGRAM. (41) Council Member Hobbs made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. Resolution No. 83-64 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: Council Member Castaneda. RES. 83-65 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH D. & D. DISPOSAL, INC., RELATING TO A THREE MONTH EXTENSION OF AN AGREEMENT FOR RE- MOVAL OF DEAD ANIMALS AND FOR THE PROVISION AND MAINTENANCE OF A WALK-IN FREEZER. (42) Council Member Hobbs made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. . Resolution No. 83-65 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: Council Member Castaneda. - 20 - 2/21/83 . . . RES. 83-66 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO TO ESTABLISH A WILDLAND- URBAN INTERFACE PLANNING AND IMPLEMENTATION PROGRAM. (43) Council Member Quiel made a motion, seconded by Council Mem- ber Hobbs, that said resolution be adopted. Resolution No. 83-66 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: Council Member Castaneda. RES. 83-67 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FLORIAN/MARTINEZ ASSOCIATES RELATING TO LANDSCAPE ARCHITECTURAL SERVICES TO REDEVELOP SECCOMBE LAKE. (44) Council Member Marks made a motion, seconded by Council Member Quiel, that said resolution be adopted. . Resolution No. 83-67 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: Council Member Castaneda. WAIVE READINGS - ORDINANCES The City Clerk read the title of all the ordinances on the agenda. Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that the first reading of all the ordinances on the agenda be waived. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.04.420 SUBSECTION D OF THE SAN BERNAR- DINO MUNICIPAL CODE CONCERNING TIME FOR PAYMENT OF COLLECTION AGENCY BUSINESS LICENSE FEES. FIRST (45) The City Clerk answered questions regarding annual business licenses and stated that contractors are given a discount for early payment of business licenses. . Council Member Marks made a motion, seconded by Council Mem- ber Hernandez, that the ordinance be continued to Friday, March 4, 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 Hernandez, Marks, Strickler. Noes: Council Members Reilly, Quiel, Hobbs. Absent: Council Member Castaneda. Council Member Strickler made a motion, seconded by Council Member Quiel, that said ordinance be laid over for final passage. The motion carried by the following vote: Ayes: Council Members Reilly, Quiel, Hobbs, Strickler. Noes: Council Members Hernandez, Marks. Absent: Council Member Castaneda. . ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 5.40.090 AND 8.15.170 SUBSECTION B OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING CHAPTER 9.90 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTAB- LISH AUTHORITY OF CERTAIN FIRE OFFICERS, POLICE OFFICERS, PARKING CONTROL CHECKERS AND CERTAIN SECURITY OFFICERS, TO ENFORCE LITTER PROVISIONS OF THE SAN BERNARDINO MUNICIPAL CODE. FIRST (46) Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final passage. - 21 - 2/21/83 . . . ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A FIRST CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETI- TION NO. 82-28, A RECTANGULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 1.2 ACRES HAVING A FRONT- AGE OF APPROXIMATELY 350 FEET ON THE SOUTH SIDE OF MARSHALL BOULEVARD AND BEING LOCATED APPROXIMATELY 300 FEET WEST OF THE CENTER LINE OF STERLING AVENUE) . (48) Council Member Strickler made a motion, seconded by Council Member Hobbs and unanimously carried, that said ordinance be laid over for final passage. COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAP- TER 15.12 TO THE SAN BERNARDINO MUNICIPAL CODE CON- CERNING EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS. FIRST (49) . Jack Rosebraugh, Superintendent of Building and Safety, ex- plained the differences between the City ordinance and the Los Angeles ordinance, and answered questions. Council Member Quie1 made a motion, seconded by Council Mem- ber Strickler, that said ordinance be laid over for final passage. The motion carried by the following vote: Ayes: Council Members Reilly, Hernandez, Quie1, Strickler. Noes: Council Member Marks. Absent: Council Members Castaneda, Hobbs. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.76.550 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO TOWING CARRIERS ROTATION LIST TO REPEAL PROVISIONS REQUIRING THE MAYOR AND COMMON COUNCIL TO ESTABLISH THE NUMBER OF TOWING CARRIERS TO BE PLACED ON THE LIST. FIRST (50) Council Member Strickler made a motion, seconded by Council Member Quie1 and unanimously carried, that said ordinance be laid over for final passage. . ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.76.540 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO TOWING CARRIERS TO ADD REQUIRE- MENT THAT TOW VEHICLES BE RATED AT A MINIMUM OF ONE TON CAPACITY. FIRST (51) Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final passage. GENERAL REPORTS AND CORRESPONDENCE Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the following items be filed: (52) a. Civil Service Eligibility Lists for: Equipment Mechanic Foreman - Open & Promotional School Crossing Guard - Open . b. City Treasurer's report on Invested Funds and Interest Gained - "Pooled Collateral". - 22 - 2/21/83 . . c. Notice from the Public Utilities Commission on a notice of removal from calendar and the appli- cation of Southern California Gas Company and Pacific Lighting Gas Supply company, and Pacific Gas & Electric Company to include in rate base as plant held for future use, the costs associated with liquefied natural gas project, and to in- crease rates to reflect such rate base treatment. . d. Application of Southern California Gas Company before the Public Utilities Commission to re- vise tariff schedules related to utility elec- tric generation service under the GN-5 rate schedule. e. Twelve alcoholic beverage control applications for the following new and transferred licenses: New Estella E. & Jose L. Luna dba La Villa #1 . Mario Castorena and Richard Mejia dba Silver Fox Seafood Broiler, Inc. dba Seafood Broiler #12 Hyun S. Kim dba B & B Produce Market Wildwood Plaza Shell, Inc. dba Del Rosa Shell United Commercial Travelers of America, Inc. Transferred Ali A. Essa dba Sandy's Market . Galen N. Lindsey dba The Hilton Joe M. Nieto dba The White Elephant Bar Ji Soo Kim dba Jug & Jiquor Discount Liquor Mart Geyser Peak Winery dba Geyser Peak Winery The Akron dba Akron Store #17 201 North "E" Street 617 West Base Line 195 East Hospi- tality Lane 507 South Mt. Vernon Avenue 2886 Del Rosa Avenue 166 East 45th Street 1096 West 14th Street 285 East Hospi- tality Lane 365 South Mt. Vernon Avenue 1411 East High- land Avenue 1400 North "H" Street 911 South "E" Street On Sale Beer & Wine On Sale Beer & Wine On Sale Beer & Wine Off Sale Beer & Wine Off Sale Beer & Wine Club License Off Sale Beer & Wine On Sale General On Sale Beer & Wine Off Sale General Winegrower Off Sale Beer & Wine f. Board of Building Commissioners resolutions: BBC 917 525 East Rialto Avenue BBC 918 656 West 13th Street BBC 919 994 West 15th Street BBC 920 1166 East Mirada Road . BBC 921 594 North Meridian BBC 922 795 North Meridian BBC 923 1238 North liD" Street - 23 - 2/21/83 . . . SECURITY ALARM SYSTEMS - MUNICIPAL CODE AMENDMENT Council Member Hernandez presented a memorandum dated February 21, 1983, recommending that the Municipal Code be amended to give a definite delineation of alarm systems, their use, service, maintenance and licensing as their use has pro- duced a very complex problem. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that Chapter 8.81 of the San Bernardino Municipal Code, relating to security alarm sys- tems, be referred to the Legislative Review Committee for the purpose of furnishing a definite delineation of alarm systems; their use, service, maintenance and licensing. . PUBLIC HEARING - RESCIND DINE AND DANCE PERMIT - MICHAEL AND PAUL GOEHRING - THE GROVE - 1353 NORTH "E" STREET This is the time and place set for a public hearing to de- termine if the dine and dance permit issued to Michael and Paul Goehring for The Grove should be temporarily suspended or per- manently revoked due to continuing violations of laws and or- dinances and non-conformance with the conditions of approval re- quired as a condition to issuance of the dine and dance permit. (54) Mayor Holcomb opened the hearing. Susan Hopkins, Deputy City Attorney, gave a history of the events leading up to a public hearing on whether the dine and dance permit for The Grove at 1353 North "E" Street, should be suspended or revoked as recommended by the Chief of Police. In a memorandum dated January 21, 1983, Police Chief Ben Gonzales stated that on October 12, 1982 his office received an application for a dine and dance permit from Michael and Paul Goehring. After investigation by his officers that disclosed many violations of laws and ordinances, the Police Chief recom- mended that the application be denied. The application was denied by the Mayor and Council on December 6, 1982. On December 9, 1982, the dine and dance application was reconsidered and approved subject to the following five conditions: 1. That a special officer and matron be in attendance at all times that dancing is permitted. . 2. That the special officer and matron wear distinc- tive nonpolice type uniforms approved by the Chief of Police. 3. That the special officer and matron be persons with previous law enforcement experience. 4. That sufficient lighting and security be present to prevent parking lot problems and such as public drinking, drug sales or other disturbances of the public peace. 5. That the policy adopted by The Grove as "company policy as to employee's duty", be strictly en- forced by applicants. The Police Chief further stated in his memorandum that his office conducted investigations on January 8 and 19, 1983 where officers observed obvious non-compliance with the listed condi- tions. . The City Clerk swore in all those present to testify. - 24 - 2/21/83 . . . The following presented testimony on behalf of the City of San Bernardino: Officer Michael Grzonka, Officer Michael Potts and Detective David Snell. San Bernardino Police Officer Michael Grzonka, Officer Michael Potts and Detective David Snell testified as to what they witnessed at The Grove during their investigations con- ducted on January 8, January 19, and February 17, 1983. The investigations resulted in the issuance of citations for the consumption of alcohol by minors. In addition, the officers observed non-compliance with the listed conditions imposed by the Mayor and Council on December 9, 1982. Among these violations were: the failure to have a matron present at all times during operating hours, the security guards were not wearing the dis- tinctive, non-police type uniforms approved by the Chief of Police, and the special officer and matron did not have previous law enforcement experience. Attorney Milton Dawson, 330 North "D" Street, was present to represent the owners of The Grove, Michael and Paul Goehring. Attorney Dawson asked questions of each of the Police Officers as they testified. . Susan Hopkins, Deputy City Attorney, gave a summary of the testimony and the violations. The following testified on behalf of the owners of The Grove: Paul Goehring, owner, Kimberly Droess, matron, and David McCullum, security guard. Chief Ben Gonzales was also called to testify regarding a meeting he had had with Paul Goehring. The Police Chief explained why he recommended that the dine and dance permit be suspended or revoked. The Mayor and Council discussed the conditions of approval. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to find that all con- ditions of approval, except Condition No.2, have been violated. . Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the testimony did not provide sufficient evidence to find a violation of Condition of Approval No.2. Allen Briggs, Assistant City Attorney, answered questions of the Council stating that it would be proper for the Council to consider prior violations, those that were presented at the first public hearing on The Grove. Police Chief Ben Gonzales recommended denial of the dine and dance permit as this would prohibit 18 to 21 year olds from entering The Grove. The Mayor and Council agreed to continue the hearing to an adjourned meeting to be held Tuesday, February 22, 1983, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . RECESS MEETING At 6:07 p.m., Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the meeting recess to Tuesday, February 22, 1983, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. - 25 - 2/21/83 . . . RECONVENE MEETING At 2:01 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened on Tuesday, February 22, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Olen J. Jones, City Chaplain. 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, Quiel, Hobbs, Strickler; Assistant City Attorney Briggs, City Clerk Clark, City Administrator Matzer. Absent: Council Member Castaneda. . PUBLIC HEARING - RESCIND DINE AND DANCE PERMIT - MICHAEL AND PAUL GOEHRING - THE GROVE - 1353 NORTH "E" STREET - CONTINUED FROM FEBRUARY 21, 1983 This is the time and place continued to for a public hear- ing to determine if the dine and dance permit issued to Michael and Paul Goehring for The Grove should be temporarily suspended or permanently revoked due to continuing violations of laws and ordinances and non-conformance with the conditions of approval required as a condition to issuance of the dine and dance permit. (54) Susan Hopkins, Deputy City Attorney, explained to the Mayor and Common Council that Attorney Milton Dawson stated he would not be present at today's meeting. Mayor Holcomb instructed the Deputy City Attorney to con- tact Mr. Dawson and tell him he had the right to be present. The Council agreed to continue the matter until later in the meeting. . COUNCIL COMMITTEE ON RELATIONS WITH UNINCORPORATED TERRITORIES REPORT A memorandum dated February 17, 1983 was presented by Coun- cil Member Marks reporting on the Council Committee on Relations with Unincorporated Territories meeting of February 10, 1983. (32) Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the report be filed. COUNTY PROPOSAL - REDUCTION OF COURT FINE REVENUES FOR CITIES Council Member Marks presented a news article from the Sun dated February 15, 1983, regarding the County Supervisors seeking controversial state legislation that would take money away from the cities and the state to reimburse the county fully for the costs of operating its municipal and justice courts. (31) Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the City Attorney be directed to prepare a resolution urging State Legislators to oppose the proposed legislation. . BUDGET SPENDING GUIDELINES - REMAINDER OF 1982-83 FISCAL YEAR A memorandum dated February 17, 1983 was received from Coun- cil Member Marks recommending that guidelines be established for implementing budgetary controls during the remainder of the 1982- 83 fiscal year in the following areas: (29) - 26 - 2/22/83 . . . Job Freeze Overtime Controls Travel Controls Equipment Controls Supplies and Service Controls Capital Improvement Controls Bus Transportation The Council discussed the recommendations of Council Member Marks. City Administrator Matzer addressed each recommended guide- line and answered questions of the Council. Council Member Hobbs made a motion, seconded by Council Mem- ber Marks and unanimously carried, to authorize the purchase of fifteen new police vehicles from the State of California. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler was excused from the Council Meet- ing. . Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, to ask the San Bernardino Associated Governments to do a feasibility study for a centralized bus stop for San Bernardino that would accommodate Omnitrans and other transportation carriers. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. After discussion, the Council agreed on the following 1982- 83 spending guidelines: . Job Freeze The current job freeze should be continued with cover- age extending to all City regular, full-time, temporary, seasonal and part-time positions with the exception of sworn and essential Police and Fire personnel. Consid- eration to fill other positions should be limited to those positions which have a significant impact on health and safety or can result in the generation of revenue in excess of the costs incurred. Overtime Controls Every effort should be made to reduce overtime expen- ditures. Prior approval to use overtime must be ob- tained from the City Administrator's Office. Travel Controls All travel requests must be approved by the City Ad- ministrator's Office. Only travel essential to the conduct of City business should be approved. Equipment Controls All equipment purchases should be frozen. Supplies and Service Controls Purchases of all supplies and services shall be care- fully examined. Each request should be reviewed by the Purchasing Agent and approved by the City Adminis- trator's Office. . Capital Improvement Controls All pending improvements will be reviewed by the Mayor and Council and appropriate priorities established. - 27 - 2/22/83 . . . Bus Transportation An analysis should be made of existing bus services with the goal of identifying areas where savings can be achieved. Mayor Holcomb stated that in most cases, these guidelines had already been approved by the Council and implemented by the City Administrator. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, to reaffirm the foregoing budget guidelines with the provision that exceptions to the equipment controls be processed through the City Administrator and approved by the Mayor and Council. . BUDGET POLICIES AND PRIORITIES - 1983-84 BUDGET Council Member Marks recommended in a memorandum dated February 17, 1983 that budgetary policies be developed and priorities be established for the fiscal year 1983-84 budget. He stated in his memorandum that adoption of such guidelines will give the Administration a clearer picture of legislative intent, enabling the staff to maximize their time and effort on those matters deemed most significant. (30) The Mayor and Common Council discussed Council Member Marks' recommendation. No official action was taken. PUBLIC HEARING - RESCIND DINE AND DANCE PERMIT - MICHAEL AND PAUL GOEHRING - THE GROVE - 1353 NORTH "E" STREET - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for a public hear~ ing to determine if the dine and dance permit issued to Michael and Paul Goehring for The Grove, should be temporarily suspended or permanently revoked due to continuing violations of laws and ordinances and non-conformance with the conditions of approval required as a condition to issuance of the dine and dance permit. (54) Allen Briggs, Assistant City Attorney, reported that their office had contacted Attorney Milton Dawson who stated that he had nothing further to offer, therefore, would not be present. tt Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that the dine and dance permit for The Grove, 1353 North "E" Street, be revoked. RECESS MEETING - CLOSED SESSION At 3:43 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino recessed for a Closed Session for discussion on pending litigation. (33) 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 Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler; Assistant City Attorney Briggs, City Clerk Clark, City Administrator Matzer. Absent: Council Member Castaneda. Also present were Ron Solheim, Assistant Risk Management Coordinator, and Ray Schweitzer, Deputy City Administrator. - 28 - 2/22/83 . . . ADJOURN CLOSED SESSION At 4:00 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 4:00 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- inq present: Mayor Holcomb; Council Members Reilly, Marks, Quiel, Hobbs, Strickler; Assistant City Attorney Briggs, City Clerk Clark, City Administrator Matzer. Absent: Council Members Castaneda, Hernandez. . CLAIM SETTLEMENT - MYERS Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the City Attorney and the Risk Management Division be authorized to settle the Nancy Myers lawsuit in the negotiated sum of $3,950.00. CLAIM SETTLEMENT - DUNN Ronald Solheim, Assistant Risk Management Coordinator, sub- mitted a memorandum dated February 10, 1983, requesting approval of a settlement, in the sum of $2,500.00, for the claim filed by Jill M. Dunn for injuries sustained in a trip and fall on a City sidewalk on December 12, 1979. Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the claim of Jill M. Dunn for bodily injuries, alleged to be the result of a trip and fall on the sidewalk at the northwest corner of the intersection of 19th Street and Waterman Avenue on December 12, 1979, be ap- proved for settlement in the negotiated sum of $2,500.00. . CLAIM SETTLEMENT - FIRST CONGREGATIONAL CHURCH In a memorandum dated February 14, 1983, Ronald Solheim, Assistant Risk Management Coordinator, requested approval of a settlement, in the sum of $10,500.00, for two claims filed by the First Congregational Church for property damages alleged to be the result of sewer back-ups at the church buildings located at 3041 North Sierra Way. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the two claims of the First Congregational Church, United Church of Christ, a Non-Profit Corporation, for property damages alleged to be the results of sewer back-ups at church buildings located at 3041 North Sierra Way, on May 19 and May 22, 1981, and March 10, 1982, be approved in the negotiated sum of $10,500, and that at the time of pre- senting a full and complete release from both claims, the law firm representing the church agree in writing to install the back-flow prevention device within thirty days of signing said full and complete release. . FINDINGS OF FACT - RESCIND DINE AND DANCE PERMIT - MICHAEL AND PAUL GOEHRING - THE GROVE - 1353 NORTH "E" STREET The following findings of fact were presented regarding the revoked dine and dance permit for The Grove located at 1353 North "E" Street: (54) 1. On January 8, 1983 and on January 19, 1983, a matron was not in attendance during times when dancing was permitted, in violation of condition of approval - 29 - 2/22/83 . . . Number 1 imposed by the Mayor and Common Council "That a special officer and matron be in atten- dance at all times that dancing is permitted." 2. That on January 8, 1983 and January 19, 1983, the special officers present were not persons with previous law enforcement experience and that on February 17, 1983, the special officers and matron were not persons with previous law enforcement experience, in violation of condition of approval Number 3 imposed by the Mayor and Common Council "That the special officer and matron be persons with previous law enforcement experience". 3. That on January 9, 1983, sufficient security was not present to prevent parking lot problems such as public drinking, in violation of condition of approval Number 4 imposed by the Mayor and Common Council "That sufficient lighting and security be present to prevent parking lot problems such as public drinking, drug sales or other disturbances of the public peace". . 4. That on January 8, 1983 and on January 19, 1983, The Grove's "Company Policy as to Employee's Duties" was not strictly enforced by applicants, in violation of condition of approval Number 5 imposed by the Mayor and Common Council "That the policy adopted by The Grove as 'company policy as to employee's duty', a copy of which is attached hereto and incorporated herein by reference, be structly enforced by applicants". Council Member Hobbs made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the findings of fact presented on The Grove dine and dance permit be adopted and that the hearing be closed. . POLICY AND PROCEDURE - COUNCILMANIC USE OF PERSONNEL A memorandum dated February 21, 1983 was received from Coun- cil Member Hernandez requesting that Resolution No. 12527, which established policies and procedures pertaining to Councilmanic use of the expertise and personnel resources of the City to assist them in carrying out the duties of their elective offices, be amended. He stated in his memorandum that since the passage of Resolution No. 12527 on September 7, 1976, the business of the City has accelerated and increased in magnitude. Council Member Reilly made a motion, seconded by Council Member Hobbs, that this item be continued to Friday, March 4, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Mayor Holcomb suggested that the matter be referred to a committee. Council Member Hobbs withdrew his second to the motion and made a substitute motion, seconded by Council Member Marks and unanimously carried, that this matter be referred to the Person- nel Committee to meet with Mayor Holcomb. . - 30 - 2/22/83 . . . . . . ADJOURN MEETING At 4:10 p.m., Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the meet- ing adjourn to Friday, March 4, 1983, at 9:00 a.m., in the Coun- cil Chambers of City Hall, 300 North "D" Street, San Bernardino, California. City Clerk Approved the 4th of March, 1983. Mayor of the City of San Bernardino - 31 - 2/22/83