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Home My WebLink About03-11-1983 Minutes . . City of San Bernardino, California . March 24, 1983 This is the time and place heretofore set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Regular Meeting held Monday, March 21, 1983, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California; all members of the Mayor and Common Council being absent therefrom. The City Clerk has caused to be posted the Notice of Adjourn- ment of said meeting held Monday, March 21, 1983, at 9:00 a.m., and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said Notice which was posted on Monday, March 21, 1983, at 9:01 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . The Adjourned Regular Meeting of the Mayor and Common Coun- cil of the City of San Bernardino was called to order by Council Member Marks at 10:00 a.m., on Thursday, March 24, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. INVOCATION Invocation was given by Olen J. Jones, City Chaplain. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Hernandez. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler; Assistant City Attorney Briggs, City Clerk Clark, City Administrator Matzer. Absent: Mayor Holcomb; Coun- cil Member Hobbs. APPOINTMENT - MARKS - MAYOR PRO TEMPORE Council Member Hernandez made a motion, seconded by Council Member Castaneda, that Council Member Marks be appointed Mayor Pro Tempore in the absence of the Mayor. . The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. Abstain: Council Member Marks. POLICE DEPARTMENT - SHARP - DISABILITY RETIREMENT A memorandum dated March 3, 1983 was received from Ronald Solheim, Acting Risk Management Coordinator, recommending that the City Administrator file notice with the Public Employees Re- tirement System stating that Theodore R. Sharp is permanently incapacitated from continuing his duties as a police officer. (2) Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the Mayor and Common Council hereby find Theodore Ronald Sharp to be incapacitated for the performance of his duties as a Police Officer, and that this finding be certified to the Public Employees Retirement System, as provided in Section 21025 of the Government Code, together with a request that Mr. Sharp be placed on disability retirement. . I . . . 5K AND 10K RUN - NORTH AMERICAN SPORTS, INC. - MAY 29, 1983 Pursuant to the recommendation of the Chief of police, Coun- cil Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the request of North American Sports, Inc. for a 5K and 10K run on Sunday, May 29, 1983, at 7:30 a.m., be approved, subject to the following condi- tions stipulated by the Police Chief: (4) 1. Applicant must provide sufficient monitors. 2. Participants must obey all traffic laws. 3. The Police Department will monitor the event with on-duty personnel. . PROPOSED ASSESSMENT DISTRICT - SOUTH SIDE OF KENDALL DRIVE, ALONG SHANDIN CIRCLE AND LITTLE MOUNTAIN DRIVE Roger Hardgrave, Director of Public Works/City Engineer, stated in a memorandum dated March 8, 1983 that his office re- ceived a petition for maintenance of landscaping in portions of the south side of Kendall Drive, between Western Avenue and "H" Street, in the proposed Shandin Circle, and in portions of Little Mountain Drive between the south line of Shandin Junior High School, south to the top of the hill. He further stated in his memorandum that the district boundaries will encompass the north side of Shandin Hills, south of Kendall Drive, and east and west of Little Mountain Drive. The Director of Public Works/City Engineer requested in his memorandum authorization to proceed with initiating proceedings for establishing an assessment dis- trict for this area. (5) . Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the City Engineer and City Clerk are authorized to proceed with initiating proceedings for the establishment of an assessment district under the provi- sions of Chapter 12.90 of the San Bernardino Municipal Code and that the City Engineer is directed to prepare an Engineer's Re- port for the proposed maintenance of landscaping along the southerly side of Kendall Drive which adjoins Tentative Tract Nos. 11323, 11324, 11326 and 11327; along proposed Shandin Circle which will adjoin Tentative Tracts Nos. 11326, 11327, 11324, 11328 and 11330; and along Little Mountain Drive which adjoins Tentative Tracts Nos. 11322, 11321 and 11320. PERRIS HILL BALLPARK IMPROVEMENTS - JESSE McCURDY CONSTRUCTION In a memorandum dated March 10, 1983, Roger Hardgrave, Director of Public Works/City Engineer, recommended that the im- provement of Perris Hill Ballpark by Jesse McCurdy Construction, be approved. (6) Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the work performed by the contractor, in accordance with Specification No. 6186, be approved and accepted; and that final payment be authorized at the end of the lien period. LIONEL E. HUDSON PARK CONSTRUCTION - CHALLENGE ENGINEERING Roger Hardgrave, Director of Public works/City Engineer, recommended in a memorandum dated March 8, 1983, approval of the work performed by Challenge Engineering, Inc., in the construc- tion of Lionel E. Hudson Park. (7) . - 2 - 3/24/83 . . . Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the work performed by the contractor, in accordance with Specification 6124, be approved and accepted; and that final payment be authorized at the end of the lien period. COUNCIL PERSONNEL COMMITTEE REPORT - REQUESTS TO FILL POSITIONS, PERSONNEL ACTIONS Council Member Reilly, Acting Chairman of the Council Per- sonnel Committee, presented the Council Personnel Committee minutes of their meeting held on March 10, 1983, where the follow- ing items were discussed: (8) The Committee reviewed and recommended approval of the request to fill positions of Public Works/Engineering Division - Jr. Engineering Aide; Human Services - In- termediate Typist Clerk/Senior Center; and Kitchen Helper/Senior Nutrition Program. Personnel actions for the following departments: Park and Recreation, Planning, Public Buildings, Police Department, Public Services/Refuse, and Public Works/Electrical. . Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the report be filed. OFFICIAL CANVASS - PRIMARY MUNICIPAL ELECTION - MARCH 3, 1983 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF SAN BERNARDINO ) I, SHAUNA CLARK, City Clerk in and for the City of San Ber- nardino, DO HEREBY CERTIFY that pursuant to the provisions of the Charter of the City of San Bernardino, did canvass the returns of the vote cast in the City of San Bernardino, in said County, in the Primary Municipal Election, held on March 8, 1983, for elec- tive public offices, and that the Statement of Vote Cast, to which this certificate is attached, shows the whole number of votes cast for each candidate, and that the total of the respec- tive columns as shown for each candidate are full, true and correct. . IN WITNESS WHEREOF, ! have hereunto set my hand and affixed the official seal of the City of San Bernardino this 14th day of March, 1983. /s/ SHAUNA CLARK City Clerk Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the results of the Primary Municipal Election held on the 8th day of March, 1983, as set forth in the Statement of Vote Cast, as certified by the City Clerk, be declared official as follows: (9) PRIMARY MUNICIPAL ELECTION VOTES CAST VOTES CAST 7,158 ABSENTEES 703 . TOTAL 7,861 - 3 - 3/24/83 . . 1. That the whole number of votes cast in said City at the Primary Municipal Election was 7,861. . 2. That the names of the candidates seeking election to the respective public office are as follows: a. For the office of CITY ATTORNEY Ralph Prince b. For the office of CITY CLERK Shauna Clark c. For the office of CITY TREASURER Craig Graves d. For the office of COUNCIL MEMBER, THIRD WARD . Ralph Hernandez Walt Johnson Jr. Tim Gergen e. For the office of COUNCIL MEMBER, FIFTH WARD Gordon Quiel f. For the office of COUNCIL MEMBER, SIXTH WARD John Hobbs Albert Lee Casey Jr. Ocie V. Lockett Dan Fraizer g. For the office of COUNCIL MEMBER, SEVENTH WARD Joe Colletti Jack Strickler CITY ATTORNEY CITY CLERK CITY TREASURER [ii ~ Ul . E-< U [ii [iiU Z ~ ~ E-<Z H H OH ~ U >U p.. 19 [ii ~ ~g; :r: Z 19 p.. ::> H SAN BERNARDINO E-< H :2 ~ 01'< ~ VOTING PRECINCT 80 Ul rl 37 58 211 63 56 56 54 68 41 40 35 37 41 49 45 39 37 36 59 60 70 62 63 59 55 56 62 64 65 66 29 26 28 28 15 16 94 80 73 72 72 4 7 28 139 145 176 24 21 19 19 5 6 19 80 190 192 6 6 5 6 101 171 50 45 46 45 206 208 41 39 41 41 100 146 23 22 22 22 102 103 28 28 28 28 143 151 26 24 24 24 7>>66 16 16 16 16 1 153 212 20 19 19 18 35 118 142 32 27 30 31 48 23 19 21 19 50 96 115 149 30 26 28 27 - 4 - 3/24/83 . SAN BERNARDINO VOTING PRECINCT 124 184 225 155 179 188 221 137 191 138 182 156 161 231 237 168 195 203 194 2 108 23 10 53 70 106 197 204 232 97 209 210 219 234 157 i~5 183 218 229 98 1 196 105 174 112 89 99 199 117 185 186 39 54 46 57 63 83 160 170 17 20 21 24 25 13 26 202 12 22 43 44 45 87 14 18 29 8 32 30 31 33 67 128 235 4~0 162 222 224 227 93-J.20 223 92 121 126 107 111 122 127 132 215 131 167 78 79 109 134 135 152 214 180 136 154 213 3 36 74 86 27 110 82 91 181 159 163 220 52 119 1. 193 14'f 150 84 113 95 E-< I'LIU E-<Z OH :>u I'Ll H~ .o:P< E-< or<. 80 32 13 30 22 23 29 37 23 18 58 30 13 236 32 29 22 173 68 235 227 210 183 222 132 248 192 178 142 177 157 182 184 169 215 295 109 50 140 199 94 122 114 105 107 89 92 122 100 108 36 76 59 41 50 49 168 37 38 29 44 44 . CITY ATTORNEY I'Ll U Z H ~ P< :I: P< H ~ 30 12 25 20 21 26 34 21 16 55 28 13 30 26 20 139 53 174 170 152 148 159 110 184 154 147 114 130 123 149 145 126 158 232 74 44 115 171 82 99 97 82 94 71 85 102 84 90 32 54 52 34 42 42 137 28 33 26 37 40 . CITY CLERK CITY TREASURER ~ ~ .0: H U .0: Z ::J .0: :I: U) 30 13 28 21 23 29 36 20 16 57 28 13 31 25 21 131 50 168 172 152 150 157 111 181 152 144 112 138 125 149 156 125 161 213 71 44 114 178 83 102 100 82 91 68 87 102 88 90 32 58 53 34 41 43 145 30 36 29 39 43 - 5 - U) I'Ll :> ~ l'J l'J H ~ u 31 13 27 22 21 29 36 22 16 58 30 13 31 28 21 147 54 175 166 151 152 155 111 184 158 144 116 133 126 147 149 127 157 227 75 42 114 171 82 105 102 84 91 77 84 107 87 88 31 57 50 34 44 43 145 34 35 28 40 43 3/24/83 . . CITY ATTORNEY CITY CLERK CITY TREASURER . ~ :<: CJ) E-< U ~ ~ ~u Z ~ ~ E-<Z H H OH ~ U :>U p., " ~ ~ H~ ;I: S " ~p., p., H SAN BERNARDINO E-< ~ ~ ~ VOTING PRECINCT O~ ;I: E-<O CJ) u 129 173 40 39 38 40 169 178 39 36 33 37 133 36 32 33 35 81 88 46 43 40 41 158 189 207 217 36 35 33 36 164 31 31 30 31 216 18 18 18 18 116 205 233 239 240 12 10 11 11 246 22 19 18 21 71 72 73 238 9 9 9 9 CITY WIDE TOTALS 7158 5851 5874 5931 A~NTEE VOTE 703 503 511 511 TOTAL VOTE CAST 7861 6354 6385 6442 COUNCIL MEMBER THIRD WARD . N ~ ~ " Q E-< ~ Z 0 ~u ~ CJ) Z E-<Z Z ~ OH ~ ;I: ~ :>u ;I: 0 HgJ " ~ ;I: " ~p., p., E-< SAN BERNARDINO E-< H :;i! :>: O~ ~ H VOTING PRECINCT E-<O :;: E-< 17 178 75 12 89 20 142 63 50 23 21 24 25 177 73 32 66 ~.6 157 78 22 57 182 90 6 82 12 22 43 44 45 87 184 95 6 79 14 169 82 3 77 18 29 215 102 1 110 8 32 295 153 2 138 30 31 33 67 128 235 109 72 2 27 4090 162 222 224 227 50 14 4 30 THIRD WARD TOTALS 1858 897 140 778 ABSENTEE VOTES 79 7 205 TOTAL 1858 971 147 983 . - 6 - 3/24/83 . . COUNCIL MEMBER FIFTH WARD . H 8 [ii [iiU H 8Z ::> OH 0 :>U HgJ Z 0 -<I'< Cl SAN BERNARDINO E-i ~ O~ 0 VOTING PRECINCT 80 (9 52 119 37 30 114 193 38 34 144 150 29 26 84 113 44 39 95 44 44 129 173 40 39 169 178 39 35 133 36 33 81 88 46 41 158 189 207 217 36 34 164 31 31 216 18 17 .16 205 233 239 240 12 9 46 22 20 71 72 73 238 9 7 FIFTH WARD TOTALS 481 439 ABSENTEE VOTES 38 TOTAL 481 477 COUNCIL MEMBER SIXTH WARD . ~ t-o >< [ii 8 Ul 8 -< [ii U ~ 8 U ~ [iiU Ul [ii 0 [ii 8Z r:Q [ii H H OH r:Q H N . :>U 0 . ~ ~~ :r: 8 :> ~ ~ Z [ii [ii SAN BERNARDINO 8 :r: r:Q H Z O~ 0 H U (:1J VOTING PRECINCT 80 t-o -< 0 11 85 183 218 229 173 52 20 12 76 98 68 38 4 2 22 1 196 235 110 29 14 70 105 174 227 III 4 16 87 112 210 III 6 13 69 89 99 199 183 77 7 10 87 117 222 89 24 18 82 185 186 132 75 27 8 18 39 54 248 79 36 15 105 46 57 63 83 160 170 192 96 18 10 61 SIXTH WARD TOTALS 1890 838 175 118 677 ABSENTEE VOTES 72 2 3 4 TOTAL 1890 910 177 121 681 . - 7 - 3/24/83 . . COUNCIL MEMBER SEVENTH WARD . ~ riI H H 8 8 ~ rilU 8 U 8Z riI H OH H ~ :>U H 8 HgJ 0 (Jl U .o:P< ~ SAN BERNARDINO 8 riI U VOTING PRECINCT OIL< 0 .0: 80 I-J I-J 93 120 223 140 31 107 92 121 126 199 30 166 107 94 22 72 111 122 20 99 122 127 114 9 104 132 215 105 24 81 131 167 107 30 72 78 79 89 24 61 109 92 29 63 134 135 122 23 98 152 100 18 81 214 108 25 80 . 180 36 16 19 136 154 213 76 37 38 3 36 74 86 59 23 36 27 110 41 19 21 82 50 36 14 91 181 49 14 34 159 163 220 168 20 148 SEVENTH WARD TOTALS 1871 450 1394 ABSENTEE VOTES 34 91 TOTAL 1871 484 1485 That the number of votes cast for each candidate for each respective office at said Primary Municipal Election is as follows: CITY ATTORNEY . Ralph Prince . . . . . . . . . . . . . . . . 6,354 CITY CLERK Shauna Clark . . . . . . . . . . 6,385 CITY TREASURER Craig Graves . . . . . . . . . . . . . 6,442 COUNCIL MEMBER THIRD WARD Ralph Hernandez . 971 Walt Johnson Jr. 147 Tim Gergen . . . 983 COUNCIL MEMBER FIFTH WARD Gordon Quiel . . . . . . . . . . . . . . . . . 477 . - 8 - 3/24/83 . . . . . . COUNCIL MEMBER SIXTH WARD John Hobbs .... Albert Lee Casey Jr. Ocie V. Lockett Dan Frazier . . . . . 910 177 121 681 COUNCIL MEMBER SEVENTH WARD Joe Colletti Jack Strickler 484 1,485 In accordance with the Official Results of the Primary Muni- cipal Election, as declared complete and correct by the Mayor and Common Council, the following candidates are declared elected, having received a majority vote at said Primary Municipal Elec- tion: CITY ATTORNEY Ralph Prince CITY CLERK Shauna Clark CITY TREASURER Craig Graves COUNCIL MEMBER, FIFTH WARD Gordon Quiel COUNCIL MEMBER, SEVENTH WARD Jack Strickler CLAIMS AND PAYROLL Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, to approve demands against the City and authorize the issuance of warrants as follows: (10) 1. Approve the register of demands dated: February 21, 1983 February 28, 1983 March 7, 1983 #82/83 #82/83 #82/83 $609,951.89 $304,663.98 $838,522.02 2. Approve the total gross payroll for the period February 7, 1983 through February 20, 1983, in the amount of $931,160.14. PERSONNEL ACTIONS Council Member Olliel 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 ap- proved and ratified as follows: (11) APPOINTMENTS Electrical Division Ramon P. Estrada - Electrician II Effective March 25, 1983 Planning Department Paula A. McGrew - Planning Technician Effective March 25, 1983 - 9 - 3/24/83 . . . Police Department Jan C. Memmott - Police Officer Effective March 10, 1983 TEMPORARY APPOINTMENTS Park and Recreation Lawrence W. Bains Jr. - Recreation Leader Effective February 15, 1983 Darryl H. Brown - Recreation Aide Effective March 15, 1983 Ruben J. Casas - Recreation Aide Effective March 8, 1983 Florence J. Crowell - Recreation Aide Effective March 15, 1983 Beverly Flowers - Recreation Aide Effective March 15, 1983 . Emma J. Husband - Recreation Aide Effective March 8, 1983 Colin V. Moore - Recreation Leader Effective February 22, 1983 Maria A. Parks - Recreation Aide Effective March 15, 1983 Kirk L. Russell - Recreation Aide Effective March 15, 1983 Ruth A. Veech - Recreation Aide Effective February 22, 1983 Police Department Crossing Guards - Effective March 21, 1983 . priscilla J. Cisneros Victoria R. Franco Ramiro R. Gonzalez Pat J. Hughes George E. Nicholson Roxanne D. Smith Ted E. Thacker Christina L. DeHart Christina V. Gonzales Henrietta B. Hodson Guido C. Morales Marina G. Ramos Jeannine D. Stewart Roxanna K. Villalobos Public Buildings Salvador L. Jimenez - Custodial Aide II Effective March 7, 1983 Thurgood Marshall - Custodial Aide II Effective March 7, 1983 Moreno L. Singletary - Custodial Aide II Effective March 7, 1983 Public Services/Refuse Extra Relief Heavy Laborer - Effective February 15, 1983 . Ernest Copetillo Louis Dawson Jr. Kevin D. Gladden John Jose Aurthur D. Manzer Anthony Mendoza Richard C. Morales Fidel Cruz Jr. Timothy H. Devereaux Arnold M. Gonzales Armando R. Leon Aaron V. Martinez Richard A. Mestas Bobby R. Moreno - 10 - 3/24/83 . . . Richard C. Munoz George L. Perez Juan J. Sanchez Peter Pacheco Morris B. Pezant James D. Wood PROMOTIONAL APPOINTMENT Police Department Ray P. Mason - Police Officer to Detective Effective AprilS, 1983 REINSTATEMENT OF 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 F. Montoya - Utility II From February 21, 1983 to March 6, 1983 . LEAVE OF ABSENCE Police Department Julie A. Coar - Intermediate Typist Clerk From March 28, 1983 to May 23, 1983 Public Services/Refuse Hector S. Alvarez - Refuse Operator I From March 22, 1983 to June 22, 1983 APPROVE MINUTES - MARCH 4, 1983 Council Member Quiel made a motion, seconded by Council Mem- ber Marks and unanimously carried, to amend page 3, paragraph 2 of the minutes of the meeting of the Mayor and Common Council held on the 4th of March, 1983, by deleting the reference to a six month period of exemption for permits and inspection fees for infilling of curbs and gutters and sidewalks throughout the City, and to approve the minutes as amended. (1) . REQUEST FOR CONFLICT OF INTEREST INVESTIGATION - CONTINUED FROM MARCH 4, 1983 This is the time and place continued to for a request from Council Member Hernandez that an investigation be conducted by the City Attorney on a possible conflict of interest by Tim Gergen, a candidate for the Third Ward Council seat. (12) Council Member Hernandez explained his request to discuss conflict of interest provisions. He stated that the Councilman should be advised to abstain from voting if there is a conflict of interest. Allen Briggs, Assistant City Attorney, stated that he has reviewed the conflict of interest issue and found that the City Attorney issued an opinion years ago that is still valid address- ing conflict of interest for public officials, and he will be sending out copies of that to all parties. . DINE AND DANCE APPLICATION - PADDOCK - 324 WEST HIGHLAND AVENUE - MR. LEE'S NIGHTCLUB In a memorandum dated March 4, 1983, Ben Gonzales, Chief of Police, recommended that the application submitted by David N. Paddock for a dine and dance license for Mr. Lee's at 324 West Highland Avenue, be denied. (3) - 11 - 3/24/83 . . . Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that a public hearing on the proposed denial of the application for a dine and dance per- mit to be held on Monday, April 18, 1983, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. REVIEW - COMPLIANCE OF CONDITIONS OF APPROVAL - CONDI- TIONAL USE PERMIT NO. 82-26 - GREYHOUND BUS TERMINAL - SOUTHWEST CORNER OF SIXTH AND "G" STREETS - CONTINUED FROM MARCH 4, 1983 This is the time and place continued to for a review of con- ditions granted to Greyhound under Conditional Use Permit No. 82- 26 allowing a temporary Greyhound Bus Terminal at the southwest corner of Sixth Street and "G" Street. The Planning Director has stated that the modified conditions have not been satisfied. At the Council Meeting of March 4, 1983, the applicant was urged to meet with the First Ward Council Member and the Planning Director to go through those items that Greyhound is deficient in for a resolution. (13) . Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the Mayor and Common Council continue the review of Conditional Use Permit No. 82-26 to the next regularly scheduled meeting of April 4, 1983, to allow the applicant sufficient time to prepare a schedule for completion of conditions of approval. CONTRACT TERMINATION - NATIONAL PLAN COORDINATORS - DEFERRED COMPENSATION PLAN In a memorandum dated March 7, 1983, Troy Minning, Assistant Finance Director, stated that as a result of problems with the City's deferred compensation plan with National Plan Coordinators, the City's Deferred Compensation Advisory Board completed a survey of all cities and counties in the State of California with a pop- ulation over 50,000. After reviewing the results of the survey and the requests for proposals and reports received from those agencies, the Advisory Board unanimously selected Great Western Savings as its preferred plan administrator. The Assistant Fi- nance Director is requesting in his memorandum that the contract with National Plan Coordinators be terminated and that a contract with Great Western Savings be prepared for administration of the City's plan. (14) . Council Member Reilly stated that he would abstain from vot- ing as there may be a conflict of interest, and left the Council Table. Council Member Hernandez presented a memorandum dated March 24, 1983 recommending that the matter be referred to the Legisla- tive Review Committee. Assistant City Attorney Briggs stated that the matter needs attention and that he would have a resolution prepared before the next council meeting. Steve Torneo, representing Great Western Savings, was present to answer questions of the Council. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that the City Attorney be instructed to prepare a resolution terminating the contract with National Plan Coordinators and a resolution authorizing a contract with Great Western Savings for the City's Deferred Compensation Plan, that the matter be re- ferred to the Legislative Review Committee and brought back to the Mayor and Common Council on April 4, 1983. . The motion carried by the following vote: Ayes: Council Members Castaneda, Marks, Quiel, Strickler. Noes: Council Mem- ber Hernandez. Absent: Council Members Reilly, Hobbs. - 12 - 3/24/83 . . . . . ACKNOWLEDGEMENT - INLAND CHRISTIAN The Mayor Pro Tempore acknowledged Inland Christian School. SCHOOL STUDENTS the 12th grade class from COMPLAINT - SECURITY ALARM SYSTEM DEFINITION - DANIELSON, FLORES Lorraine Velarde, Administrative Assistant to the Mayor, stated in a memorandum dated March 11, 1983 that she has received complaints from Harold Danielson and William Flores relative to the Municipal Code section pertaining to security alarm systems. She stated in her memorandum that these men have been contacted by the Police Department to obtain an alarm users permit. Both men claim that they do not have a security alarm system as defined in the Municipal Code. The Administrative Assistant to the Mayor is recommending in her memorandum that these complaints be referred to the Legislative Review Committee for clarification and review. (15) Council Member Strickler made a motion, seconded by Council Member Quiel, that the complaints from Harold Danielson and W. R. Flores relative to Section 8.81.020 of the Municipal Code (Security Alarm Systems - Definitions) be referred to the Legis- lative Review Committee for review and clarification. Mr. W. R. Flores requested that the matter be reviewed now and presented a letter explaining why he believes a $20.00 charge for alarm service is unjustified. He explained that he does not have a security alarm system as defined in the Municipal Code as the system is not connected to the City Communications Center or other central monitoring point and is not designed for alerting others. Council Member Strickler's motion carried unanimously. SECURITY ALARM ENFORCEMENT ACTION Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the Chief of Police defer enforcement action on the code section which charges fees for alarm systems. RETIREMENT STATUS - MOORE - FIRE DEPARTMENT John Matzer, City Administrator, stated in a memorandum dated March 11, 1983 that John B. Moore, former Fire Captain, submitted a request to the Personnel Department for a change in his retired status from Service to Industrial Disability. Mr. Matzer stated in his memorandum that Mr. Moore submitted a formal request for service retirement on May 14, 1976 with an effective date of August 31, 1976. Prior to the retirement, Mr. Moore suffered an injury on May 31, 1976 and was placed on Industrial Disability where he remained until the Service Retirement on August 31, 1976. Mr. Matzer further stated in his memorandum that Mr. Moore was not notified of his option to request the change in retirement status. The City Administrator is recommend- ing in his memorandum that the request of John Moore for a change in his retirement status be approved. (16) Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the request of John B. Moore to change the status of retirement from Service to In- dustrial Disability, be approved. FOURTH WARD EXPENDITURE - LYNWOOD DRIVE AND SAND CREEK - CURB AND GUTTER CONSTRUCTION In a memorandum dated March 10, 1983, Roger Hardgrave, Director of Public Works/City Engineer, requested that $4,200 be authorized for the construction of curb and gutter and fill-in . paving on Lynwood Drive (south side) at the Sand Creek dip. (18) - 13 - 3/24/83 . . . Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the expenditure of $4,200.00 from Account No. 42-510-694 (Fourth Ward Funds), for construction of curb and gutter, fill-in paving and striping on Lynwood Drive at the Sand Creek dip, be authorized. SECOND WARD EXPENDITURE - PALM FIELD CONCESSION STAND Annie Ramos, Director of Park and Recreation, requested in a memorandum dated March 14, 1983, that $1,200 be authorized for contracting with a private vendor for repairing the concession stand roof at Palm Field. (19) Council Member Reilly made a motion, seconded by Council Member Castaneda and unanimously carried, that the Park and Rec- reation Department be authorized $1,200 from the Second Ward Park Extension Fund Account No. 41-460-692 to be used for contracting out to a private vendor for the repair of the concession stand roof at Palm Field. . ENCANTO PARK IMPROVEMENTS - GOLDEN STATE ENTERPRISES - CHANGE ORDER NO. ONE In a memorandum dated March 11, 1983, Roger Hardgrave, Director of Public Works/City Engineer, recommended that Change Order No. One, to the contract with Golden State Enterprises for construction of Encanto Park improvements, be approved. The Change Order will authorize the installation of fusable discon- nects, control stations and double pole switches. (20) COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel was excused from the Council Meeting. Council Member Castaneda made a motion, seconded by Council Member Strickler and unanimously carried, that Change Order No. One to the contract with Golden State Enterprises, for the con- struction of Encanto Park Improvements, in accordance with Plan No. 6268, be approved; to authorize the contractor to install four new 100A fusable disconnects with 100A Z/pole contactors and add two new control stations with two double pole single throw time switches, at an increase in the contract price of $1,010.82, from $99,475.90 to $100,486.72. . PERRIS HILL BALL PARK IMPROVEMENTS - JESSE McCURDY CONSTRUCTION - CHANGE ORDER NO. THREE A memorandum dated March 10, 1983 was received from Roger Hardgrave, Director of Public Works/City Engineer, recommending that Change Order No. Three, to the contract with Jesse McCurdy Construction for the construction of Perris Hill Ball Park, be approved. The Change Order will authorize the deletion of a time clock and two turbine roof vents. (21) Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that Change Order No. Three, to the contract with Jesse McCurdy Construction, for the construction of Perris Hill Ball Park Improvements, in accordance with Plan No. 6186, be approved; to authorize the deletion of a time clock and two roof vents, for a net decrease in the contract price of $115.00, from $152,950.46 to $152,835.46. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. . STREET LIGHT INSTALLATION - EAST DELMONICA DRIVE The Director of Public Works/City Engineer recommended in a memorandum dated March 11, 1983, that the request from residents of the 1300 block of East Delmonica Drive for a street light be approved. (22) - 14 - 3/24/83 . . . Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the installation of a mid-block street light, at 1340 and 1358 East Delmonica Drive, be authorized; and the Electrical Superintendent directed to make the necessary arrangements with Southern California Edison Company for its installation. STREET LIGHT INSTALLATION - NORTH PERSHING AVENUE Roger Hardgrave, Director of Public Works/City Engineer, recommended in a memorandum dated March 11, 1983, that the request from residents of the 3600 block of North Pershing Avenue for a street light, be approved. (23) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the installation of a mid-block street light, at 3631 and 3641 North Pershing Avenue, be authorized; and the Electrical Superintendent directed to make the necessary arrangements with the Southern California Edison Company for its installation. . DISPOSITION OF DOGS AND CATS - CHARGES REVISION A memorandum dated March 14, 1983 was received from Paul Turner, Director of Animal Control, recommending that charges for receiving and disposing of dogs and cats at the Animal Shelter be revised. (24) Council Member Hernandez made a motion that this matter be referred to the Ways and Means Committee. The motion died for lack of a second. Paul Turner, Director of Animal Control, explained that presently, there is a disposal fee of $7.00 for animals. By paying a slightly higher fee, a person can opt to have an animal put up for adoption rather than destroyed. The Animal Control Director stated that the Animal Advisory Commission supports this recommendation which will result in an increase in the number of dogs available for adoption. . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that San Bernardino Munici- pal Code Sections 6.24.150 and 6.24.160 be repealed and the City Attorney with the Director of Animal Control, draft an ordinance establishing the proposed fees and AAALAC accreditation require- ment. INSURANCE BROKERS SELECTION Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the selection of in- surance brokers for fire, liability, helicopter, broiler and machinery, be continued to Monday, April 4, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (25) WAIVE READINGS - RESOLUTIONS The City Clerk read the title of all the resolutions on the agenda. Council Member Castaneda made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of all the resolutions on the agenda be waived. . RES. 83-77 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS. (27) Council Member Hernandez made a motion, seconded by Council Member Quiel, that said resolution be adopted. - 15 - 3/24/83 . . . Resolution No. 83-77 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. RES. 83-78 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 11919 LOCATED ON THE SOUTH SIDE OF NORTH PARK BOULEVARD, APPROXIMATELY 1000 FEET EAST OF STATE COLLEGE PARKWAY. (29) Council Member Hernandez made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-78 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. . RES. 83-79 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 2482 ENTITLED IN PART "A RESOLUTION . . . DESIGNATING CERTAIN STREET IN- TERSECTIONS WHERE A STOP IS REQUIRED. . ."; AND AUTHORIZING THE REMOVAL OF STOP SIGNS ON SECOND STREET AT ITS INTERSECTIONS WITH ALLEN STREET AND "K" STREET. (30) Council Member Hernandez made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-79 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. RES. 83-80 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 655 ENTITLED IN PART "A RESOLUTION. . .DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS. . ."; AND DESIGNATING SECOND STREET BETWEEN THE EAST LINE OF WATERMAN AVENUE AND THE WEST LINE OF MT. VERNON AVE- NUE AS A THROUGH HIGHWAY BY REMOVING STOP SIGNS AT "K" STREET. (31) Council Member Hernandez made a motion, seconded by Council Member Quiel, that said resolution be adopted. . Resolution No. 83-80 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. RES. 83-81 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO ACCEPTING A GRANT DEED FROM ANTONIO A. BLESSENT AND MAXINE M. BLESSENT, HUSBAND AND WIFE; H. REESE COCKRUM AND BETTY S. COCKRUM, HUSBAND AND WIFE, FOR THAT CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF "J" STREET, NORTH OF ESPERANZA STREET, AND ORDER- ING PAYMENT IN THE AMOUNT OF TWO THOUSAND DOLLARS ($2,000.00). (32) Council Member Hernandez made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-81 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. . RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT FOR THE FURNISHING AND DELIVERING OF ONE 1500 G.P.M. FIRE PUMPER IN ACCORDANCE WITH SPECIFI- CATION NO. F-83-1 (Seagrave Fire Apparatus, Inc.) (28) - 16 - 3/24/83 . . It was suggested that this resolution be deferred until budget time. ~ City Administrator Matzer stated that the lowest bidder has agreed to hold his price until June 1, 1983. Gerald Newcombe, Fire Chief, presented a memorandum dated March 22, 1983 setting forth the Fire Department's apparatus re- placement program which proposes the purchase of a pumper each year except in fiscal years 1988-89 and 1991-92 in which an aerial ladder truck will be purchased. The Fire Chief further explained that this was a budgeted item as far as advertisement for bids but delivery and payment would take place the following year. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the resolution be con- tinued to Monday, May 23, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . RES. 83-82 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO DECLARING THE FACT THAT THE OWNER OF ALL THE LAND IN CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN HAS REQUESTED ANNEXATION TO THE CITY OF SAN BERNARDINO IN ACCORDANCE WITH PROVISIONS OF THE MUNICIPAL ORGANIZATION ACT OF 1977, AND APPROVING THE ANNEXATION OF DISTRICT NO. 336 (LAFC 2207). (East of Del Rosa Avenue, north of Pumalo Street) (33) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. Resolution No. 83-82 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. RES. 83-83 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO PROVIDING FOR THE DETACHMENT OF ANNEXATION DISTRICT NO. 335 (LAFC 2187) FROM CENTRAL VALLEY FIRE PROTECTION DISTRICT. (Between Cajon Boulevard and Kendall Drive, west of Palm Avenue) (34) Council Member Quiel made a motion, seconded by Council Mem- . ber Strickler, that said resolution be adopted. Resolution No. 83-83 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. RES. 83-84 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION, GRANTING AN EASEMENT BY THE CITY OF SAN BERNARDINO TO SOUTHERN CALIFORNIA EDISON COM- PANY. (Kendall Drive and Palm Avenue) (36) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. Resolution No. 83-84 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. . - 17 - 3/24/83 . . . RES. 83-85 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO GIVING NOTICE INVITING COMPETITIVE SEALED AND ORAL BIDS FOR THE SALE OF CERTAIN REAL PROPERTY OWNED BY SAID CITY, GENERALLY LOCATED AT THE NORTH- WEST CORNER OF TWENTY-FIRST STREET AND VALENCIA AVENUE, IN SAID CITY, AND ESTABLISHING A MINIMUM BID FOR SAID PROPERTY. (35) City Administrator Matzer answered questions stating the property was appraised at $100,000. Council Member Reilly made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-85 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly was excused from the Council Meeting. . RES. 83-86 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE DEPARTMENT OF BUILDING AND SAFETY. (38) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. Resolution No. 83-86 was adopted by the following vote: Ayes: Council Members Castaneda, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Reilly, Hobbs. RES. 83-87 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE CIVIL SERVICE DEPARTMENT. (39) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. Resolution No. 83-87 was adopted by the following vote: Ayes: Council Members Castaneda, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Reilly, Hobbs. . RES. 83-88 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MOHLE, PERRY AND ASSOCIATES, MUNICIPAL AND TRANS- PORTATION ENGINEERS, RELATING TO ENGINEERING SER- VICES IN CONJUNCTION WITH THE CITY'S GRANT FROM THE CALIFORNIA ENERGY COMMISSION TO ESTABLISH FUEL EFFICIENT TRAFFIC SIGNAL TIMING WITHIN THE CENTRAL BUSINESS DISTRICT. (40) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. Resolution No. 83-88 was adopted by the following vote: Ayes: Council Members Castaneda, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Reilly, Hobbs. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the Budget adjustment of $8,000 to Account No. 01-295-855 (computed hardware) and $6,000 to 01-295-856 (computed software) from increased departmental credits of Account No. 01-295-923, be approved. . COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. - 18 - 3/24/83 . . . RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 12864 PERTAINING TO THE ADOPTION OF "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUC- TION", TO ALLOW USE OF QUARRY TILE PATTERNED CON- CRETE FOR SIDEWALKS, STREETS AND CURB ISLANDS WITH APPROVAL OF CITY ENGINEER. (37) Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that the resolution be referred to the Legislative Review Committee. WAIVE READINGS - ORDINANCES The City Clerk read the titles of all the ordinances on the 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. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING FIRST ORDINANCE NO. MC-232; MAKING A TECHNICAL CHANGE BY CHANGING THE SAN BERNARDINO MUNICIPAL CODE DESIG- NATION OF SECTION 19.78.200 TO READ SECTION 19.78.120 AND REPEALING SECTION 19.78.200. (41) . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that said ordinance be laid over for final passage. ORD. MC-258 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING SECTION 14.08.070 SUBSECTION D OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING CABLE TELE- VISION SERVICE TO PERMIT THE MAYOR AND COMMON COUN- CIL TO EXEMPT REQUIREMENT OF AN OFFICE WITHIN THE CITY FOR COMPANIES HAVING LESS THAN TWO HUNDRED SUB- SCRIBERS WITHIN THE CITY FROM THE REQUIREMENT OF AN OFFICE WITHIN THE CITY FOR GOOD AND SUFFICIENT REA- SON. FINAL (45) Council Member Strickler made a motion, seconded by Council Member Hernandez, that said ordinance be adopted. Ordinance MC-258 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, 4t Strickler. Noes: None. Absent: Council Member Hobbs. ORD. MC-259 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING CHAPTER 19.56 OF THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH VARIATIONS OF MINIMUM STANDARDS FOR PARKING SPACES WITHIN ENCLOSED STRUC- TURES . FINAL (46) Council Member Strickler made a motion, seconded by Council Member Hernandez, that said ordinance be adopted. Ordinance MC-259 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. ORD. MC-260 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING SECTION 19.28.060 OF THE SAN BERNAR- DINO MUNICIPAL CODE PERTAINING TO BUILDING HEIGHT IN THE C-3 GENERAL COMMERCIAL AND C-3A LIMITED GENERAL COMMERCIAL ZONES TO INCREASE MAXIMUM HEIGHT FROM THIRTY-FIVE FEET TO FORTY-FIVE FEET. . FINAL (47) Council Member Strickler made a motion, seconded by Council Member Hernandez, that said ordinance be adopted. - 19 - 3/24/83 . . . Ordinance MC-260 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. ORDINANCE OF THE CITY OF SAN BERNARDINO SUSPENDING PERMIT FEES AND INSPECTION FEES FOR INSTALLATION OF SIDEWALKS, CURBS AND GUTTERS IN FRONT OF EXISTING IMPROVED PROPERTY UNTIL JANUARY 1, 1984. FIRST (42) The Council discussed why this ordinance would apply only to improved parcels. Assistant City Attorney Briggs answered questions explaining the difficulty in including unimproved parcels as it would also include subdivision and commercial development. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that said ordinance be laid over for final passage. . Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, to further explore the development of a similar ordinance that would allow unimproved parcels but not suddivisions or commercial developments, to take advantage of suspended inspection fees for installation of side- walks, curbs and gutters and to refer this matter to the Legis- lative Review Committee. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE NO. 3978 RELATING TO CHANGE OF ZONE PETI- TION NO. 1161, LOCATED AT 254 WEST SEVENTH STREET - NORTHEAST CORNER OF THE INTERSECTION OF SEVENTH STREET AND ARROWHEAD AVENUE; AND CORRECTING THE LEGAL DESCRIPTION THEREIN AND MAKING OTHER TECHNI- CAL CHANGES. FIRST (43) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.12 TO THE SAN BERNARDINO MUNICIPAL CODE CONCERNING EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS. (First reading) (44) . Council Member Quiel made a motion to amend page 4 of the ordinance so that it would include class 1, 2, 3 and 4 buildings. Greg Fraga, Plan Check Engineer, stated that the present ordinance as proposed would cover all buildings and that the De- partment of Building and Safety can declare any building a public nuisance as necessary. The Council agreed to hold the ordinance over until the afternoon session to allow the Attorney to make the necessary corrections. (See page 28) REDEVELOPMENT AGENCY - ADJOURNED REGULAR MEETING The Adjourned Regular Meeting of the Redevelopment Agency was called to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . RES. 83-89 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE AGREEMENT WITH OPTION TO BUY (J BUILDING) AMONG THE CITY, THE COMMUNITY. DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, AND CENTRAL CITY COM- PANY RELATING TO THE LEASING OF THE J BUILDING. - 20 - 3/24/83 . . 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. 83-89 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. RES. 83-90 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A BOND PURCHASE AGREEMENT AND AUTHORIZING ITS EXECU- TION AND AUTHORIZING SUCH FURTHER ACTION AS MAY BE NECESSARY TO CONCLUDE THE ISSUANCE, SALE AND DE- LIVERY OF ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS, ISSUE OF 1983, REDLANDS SAVINGS AND LOAN ASSOCIATION CERTIFICATE OF DEPOSIT (BANK OF REDLANDS PROJECT). 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 4t the resolution be waived and said resolution be adopted. Resolution No. 83-90 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. RES. 83-91 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING ITS ELECTION TO HAVE THE $10,000,000 LIMITATION OF SEC- TION 103(b) (6) (D) OF THE INTERNAL REVENUE CODE OF 1954, AS AMENDED, APPLIED TO THE ISSUANCE OF INDUS- TRIAL DEVELOPMENT REVENUE BONDS ISSUED BY SAID CITY PURSUANT TO AN APPLICATION THEREFOR FILED BY BANK OF REDLANDS, AND DIRECTING THAT A STATEMENT OF SUCH ELECTION BE FILED WITH THE REGIONAL DIRECTOR OF IN- TERNAL REVENUE FORTHWITH. 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 4t the resolution be waived and said resolution be adopted. Resolution No. 83-91 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. RES. 83-92 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING A MULTI-FAMILY RENTAL HOUSING MORTGAGE FI- NANCE 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 COOPERA- TIVE AGREEMENT BETWEEN THE COUNTY AND THE CITY OF SAN BERNARDINO. 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 and said resolution be adopted. 4t Resolution No. 83-92 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. - 21 - 3/24/83 . . . STATUS REPORT - DOWNTOWN RAMADA HOTEL - ENGLISH ENTERPRISES Mr. Herman English explained why certain modifications to the final plans resulted in a delay of the start of construction for the Ramada Inn. Mr. English answered questions regarding the financing and stated there would be a definite answer on financ- ing by April 4, 1983. A letter dated March 23, 1983 written to Mr. English by Mr. Jim Apodaca, Assistant Vice President of the Bank of America, concerning the processing of a construction loan, was submitted to the Council by Mr. English. Mr. Robert Self, Operations Coordinator of the Redevelopment Agency, answered questions regarding the time table for construc- tion. SEWER REVENUE REFUNDING BONDS ISSUANCE - ISSUE OF 1983 Mr. Jim Iverson of Miller and Schroeder Municipals, stated that three bids have been received for the services of a fiscal agent in connection with the issuance of sewer revenue refunding bonds, Issue of 1983, and suggested that this matter, which may result in litigation, be discussed in closed session. . RECESS MEETING - CLOSED SESSION At 11:48 a.m., Council Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino recess for a Closed Session for discussion on pending litigation. CLOSED SESSION The Closed Session of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Marks 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 Pro Tempore Marks; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler; Assistant City Attorney Briggs, City Administrator Matzer. Absent: Mayor Holcomb; Council Member Hobbs. . Also present were Jim Iverson of Miller and Schroeder Muni- cipals, James Beebe, Bond Counsel, Sandy Lowder, Administrative Assistant, Robert Self, Operations Coordinator, Ray Schweitzer, Deputy City Administrator, and Craig Graves, City Treasurer. ADJOURN CLOSED SESSION At 12:45 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Adjourned Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 12:45 p.m., the Adjourned 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 Ber- nardino, California. . ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Pro Tempore Marks; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler; Assistant City Attor- ney Briggs, City Clerk Clark, City Administrator Matzer. Absent: Mayor Holcomb; Council Member Hobbs. - 22 - 3/24/83 . . . RES. 83-93 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF SEWER REVENUE REFUNDING BONDS, ISSUE OF 1983, OF SAID CITY AND PROVIDING THE TERMS AND CONDITIONS FOR THE ISSUANCE OF SAID REFUNDING BONDS. The City Clerk read the title of the resolution. Mr. Jim Iverson of Miller and Schroeder Municipals, stated that three bids were received but he is recommending that the bids be reviewed for the following reasons: new legislation which would eliminate the use of FDIC insurance and marketing of tax exempt bonds has created a deluge at Standard and Poors of 600 issues which is distorting the market; Miller and Schroeder has made an offer allowing the City to avoid this distortion which involves the purchase of $2,600,000 in bond anticipation notes at a rate of 275 basis points lower than the lowest bid received; also, there have been threats from an institutional holder of the bonds that are unjustified and delays in the bond issue would give the City a chance to address the issue. . Council Member Quiel 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. 83-93 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. RES. 83-94 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING AN AGREEMENT FOR FISCAL AGENT SERVICES FOR THE $2,600,000 SEWER REVENUE REFUNDING BONDS, ISSUE OF 1983. (Security Pacific National Bank) The City Clerk read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Castaneda and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-94 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, to authorize and direct Miller and Schroeder Municipals, Inc., as Underwriter, and James Warren Beebe, A Law Corporation, as Bond Counsel, to proceed with staff of the City to draft a resolution authorizing the issuance of a Bond Anticipation Note or Notes pursuant to Government Code Sections 54664, et seq., issued in anticipation of the issuance of the "City of San Bernardino, Sewer Revenue Refunding Bonds, Issue of 1983" (the "Bonds") with the following terms: Amount: $2,600,000. Date: March 30, 1983. Maturity: One year (Le., March 30, 1984). Call provision: On any date prior to maturity at par. Security provisions: Same as in resolution authorizing the issuance of the bonds. Rate: 7%. Discount: 1%. BOND CONSULTANT BILL - WELLS - WATER DEPARTMENT Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, to strongly urge the Board of Water Commissioners not to pay the bond consultant's bill sub- mitted by Mr. Wells. . RECESS MEETING At 1:53 p.m., Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the meet- ing recess until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. - 23 - 3/24/83 . . . RECONVENE MEETING At 2:00 p.m., the Adjourned 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 Bernar- dino, California. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Pro Tempore Marks; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler; City Clerk Clark, City Administrator Matzer. Absent: Mayor Holcomb; City Attorney Prince. PLANNING COMMISSION RECOMMENDATION - CONTINUED FROM MARCH 15, 1982 This is the time and place continued to for the following Planning Commission recommendation: . That the applications for Tentative Tract Nos. 11232, 12013, 12014 and Conditional Development Permit No. 1168, Ned Cohan and Associates, owner, to establish a 140 lot large-scale neighborhood housing project in the R-3-2000 Multiple Family Residential zone on a rectangularly-shaped parcel of land consisting of approximately 20.58 acres having a frontage of ap- proximately 1,320 feet east of the center line of Sterling Avenue, be recommended for denial, based on findings of fact. (49) Frank Schuma, Planning Director, explained that this item had been continued to allow the Planning Department time to look into smaller lot subdivisions but the ordinance has not yet been prepared. Ned Cohan, owner, requested a continuance. ASSISTANT CITY ATTORNEY BRIGGS ARRIVED At 2:03 p.m., Assistant City Attorney Briggs arrived at the Council Meeting and took his place at the Council Table. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez was excused from the Council Meeting. . The Planning Director explained the planning fees that were involved. Council Member Hobbs made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that this matter be con- tinued to Monday, April 18, 1983, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPEAL - CONDITIONS - CONDITIONAL USE PERMIT NO. 82-56 - 1535 EAST HIGHLAND AVENUE - VANIR DEVELOPMENT COMPANY A letter dated March 1, 1983 was received from James M. Hicks, President of Vanir Development Company, appealing Condi- tion Nos. 5, 6 and 8 of previously approved Conditional Use Per- mit No. 82-56. The conditional use permit would allow a 99 seat theater in an existing shopping center located at 1535 East High- land Avenue. Condition No. 5 pertains to additional lighting, No. 6 pertains to security for the theater and No. 8 pertains to a six month review of the conditional use permit. (50) . COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. - 24 - 3/24/83 . . . A letter from World Savings regarding the ownership of the property was presented. Allen Briggs, Assistant City Attorney, stated that the title report shows that Frank Dominquez has a 100 year lease so he is qualified to act as the applicant. James M. Hicks of Vanir Development Company, was present to explain the appeal of Conditions 5, 6 and 8 pertaining to light- ing, security and a six month review. The Council discussed loitering problems in the area. Mr. Ben Dominguez was also present to represent Vanir Develop- ment Company. The Planning Director explained the six month review process. . Council Member Quiel made a motion, seconded by Council Mem- ber Reilly, that the appeal hearing be closed, that the recommen- dation of the Planning Commission be modified by deleting Condi- tions 5 and 6, but requiring a review of the conditional use per- mit six months after the date of issuance of the certificate of occupancy at which time Conditions 5 and 6 may become conditions of approval, and that the conditional use permit be approved as modified. The motion carried by the following vote: Members Reilly, Marks, Quiel, Hobbs, Strickler. Members Castaneda, Hernandez. Absent: None. Ayes: Noes: Council Council SIXTH WARD EXPENDITURE - ELIMINATION OF HAZARDOUS CONDITIONS - SAN ANSELMO AVENUE AND MESA STREET - 16TH STREET AND MASSACHUSETTS AVENUE - 14TH STREET AND MASSACHUSETTS AVENUE Council Member Hobbs requested in a memorandum dated March 15, 1983 that the hazardous conditions that exist at the inter- sections of San Anselmo Avenue and Mesa Street, 16th Street and Massachusetts Avenue, and 14th Street and Massachusetts Avenue be eliminated. He stated in his memorandum that traffic at these intersections flow at a fast rate of speed and numerous accidents have occurred. (17) . Council Member Hobbs made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the City Engineer be directed to proceed with installation of a four-way stop, with appropriate markings, at San Anselmo Avenue and Mesa Street, at a cost not to exceed $1,000. Funds to be taken from Account No. 42-510-696. Council Member Hobbs made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the City Engineer be directed to proceed with installation of red lights on Massachu- setts at the intersection of 16th Street, at a cost not to exceed $5,000. Funds to be taken from Account No. 42-510-696. Council Member Hobbs made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the City Engineer be directed to proceed with installation of stop signs on Massachu- setts at the intersection of 14th Street, at a cost not to exceed $500.00. Funds to be taken from Account No. 42-510-696. . MERIDIAN AVENUE WIDENING, BETWEEN MILL STREET AND ESPERANZA STREET - FISHER'S GRADING AND EXCAVATING - CHANGE ORDER NO. TWO The Director of Public Works/City Engineer recommended in a memorandum dated March 21, 1983 that Change Order No. Two to the contract with Fisher's Grading and Excavating for widening the west side of Meridian Avenue, between Mill Street and 800 feet - 25 - 3/24/83 . . . south of Esperanza Street, be approved. The change order will authorize the scope of the project to be increased to include im- proving an additional 925 lineal feet along the east side of Meridian Avenue. (S6) Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that Change Order No. Two, to the contract with Fisher's Excavating and Grading, for widening the west side of Merdian Avenue, from Mill street to Esperanza Street, in accordance with Plan No. 6207, be approved; to authorize increases in the estimated quantities for the con- tract items of work as required to include an additional 925 lineal feet on the east side of Meridian Avenue, at an increase in the contract price of $23,590.65 from $26,716.56 to $50,307.21; and to approve the transfer of $11,000 from Account No. 42-510-456 (grade crossing on Meridian Avenue) to Account No. 42-510-555 (Meridian Avenue, Mill to Esperanza). RECESS MEETING - CLOSED SESSION At 2:55 p.m., Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino recess for a Closed Session to discuss . litigation. (26) CLOSED SESSION The Closed Session of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Marks 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 Pro Tempore Marks; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler; Assistant City Attorney Briggs, City Administrator Matzer. Absent: Mayor Holcomb. Also present were Ray Schweitzer, Deputy City Administrator, Ron Solheim, Acting Risk Management Coordinator, Sandy Lowder, Administrative Assistant, Robert Self, Operations Coordinator, Meg Wasiloff, Executive Secretary, James Beebe, Bond Counsel, Jim Iverson of Miller and Schroeder Municipals, and Tom Crawford, Assistant City Administrator. . 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 Adjourned Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 4:00 p.m., the Adjourned 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 Bernar- dino, California. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Pro Tempore Marks; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler; Assistant City Attorney Briggs, City Clerk Clark, City Administrator Matzer. Absent: Mayor Holcomb; Council Member Hobbs. . CLAIM SETTLEMENT - SMITH Ron Solheim, Acting Risk Management Coordinator, recommended in a memorandum dated March 11, 1983, approval of a settlement in the amount of $7,870, for a claim filed by Brenda Smith and by State Farm Mutual Automobile Insurance Company, for bodily in- juries and property damage sustained as the result of a traffic accident at the intersection of Arrowhead and Base Line Avenues on December 16, 1981. - 26 - 3/24/83 . . . Council Member Reilly made a motion, seconded by Council Member Castaneda and unanimously carried, that the claim of Brenda Smith for injuries alleged to be the result of a traffic collision at the intersection of Base Line and Arrowhead Avenues on December 16, 1981, be approved in the negotiated sum of $3,732. Council Member Reilly made a motion, seconded by Council Member Castaneda and unanimously carried, that the claim of State Farm Mutual Automobile Insurance Company for damages to a vehicle alleged to be the result of a traffic collision at the intersec- tion of Base Line and Arrowhead Avenues on December 16, 1981, be approved in the sum of $4,138.25. COURT AND "E" STREET PROPERTY - LITIGATION - VANIR RESEARCH COMPANY Mayor Pro Tempore Marks stated that the City has received from Mr. Frank Dominguez of Vanir Research Company, a counter proposal to the offer made on February 14, 1983 regarding the settlement of the Court and "E" Street dispute. In the counter proposal, Mr. Dominguez indicated he would accept all terms and conditions except two conditions. . Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that commencing on April 1, 1983, Mr. Dominguez shall have 12 months in which to do the following: 1. Have approved plans for a 174,000 square foot or larger building with a four level, or larger, parking structure. 2. Have obtained a building permit from the City of San Bernardino for the 174,000 square foot, or larger, building and four level, or larger, park- ing structure. 3. Have obtained a construction loan for a 174,000 square foot, or larger, building and parking structure. 4. Have an unconditional letter for financing from a recognized financial institution. . 5. Have actually started construction within the 12 month period. and should for any reason Mr. Dominguez not be able to meet the 12 month deadline, he may obtain an additional 90 day extension to meet those conditions, provided he pay to the Redevelopment Agency the sum of $50,000 for the 90 day extension. The $50,000 would be refundable upon completion of the building. A further condition of compliance by Mr. Dominguez would be that once he starts construction of the building, he must pursue construction with due diligence and complete the building within two years from the date the construction commences. If he fails to meet terms and conditions of this offer, all of Mr. Dominguez's rights in the property shall cease and the Agency shall be free to solicit other proposals on the property, and will retain the $50,000 that may be deposited for the additional 90 days, if such deposit is made. The Common Council discussed a meeting with surrounding property owners regarding the parking situation. . Mr. Frank Dominguez recommended that the City Administrator, a Council Member and he come up with an agreement with the surrounding property owners concerning parking. - 27 - 3/24/83 r . . . . . . Council Member Quiel made a motion, seconded by Council Mem- ber Reilly, to direct City staff, which is the City Administrator, the Mayor, Bond Counsel James Beebe, Council Member Marks and Bob Wirts, Traffic Engineer, and Mr. Dominguez to sit down and try to work out a program to address the parking problems in the block of Fourth and Fifth Streets between "E" and "F" Streets, to see if they can come to some type of solution and on completion of that, present it to the other tenants and property owners in that block and be prepared to come back to the Council with recommenda- tions on April 4, 1983. CONTRACT - EMERGENCY STORM DAMAGE REPAIRS - TERRACE ROAD AND MILL STREET Roger Hardgrave, Director of Public Works/City Engineer, recommended in a memorandum dated March 21, 1983 that the Purchas- ing Agent be authorized to issue a purchase order, on the basis of informal bids, for reconstruction of storm damage to Terrace Road, south of Etiwanda Avenue, and Mill Street, west of Meridian Ave- nue. The Director of Public Works/City Engineer is also asking in his memorandum that the competitive bidding requirements be waived due to the emergency nature of the work. (S5) Roger Hardgrave, Director of Public Works/City Engineer, ex- plained the problems with storm damages at Terrace Road and Mill Street and answered questions regarding the methods used to de- termine the contract price. RES. 83-95 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH BRENTON LEE RHOADES, GENERAL ENGINEERING CON- TRACTOR, FOR THE REPAIR OF STORM DAMAGE ON TERRACE ROAD AND MILL STREET. The City Clerk read the title of the resolution. Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that further reading of the resolution be waived and said resolution be adopted with the condition that the contractor has ten days to complete the work after signing the contract. Manuel Moreno, Superintendent of Public Services, stated that currently, he has four patching crews working ten hours a day through the City. Mrs. Coons, a property owner in the area, stated that the problem is caused by diversion of water flow which is going down Terrace Road and Etiwanda and that the Council needs to approve the paving of a natural waterway to prevent further damage. The Superintendent of Public Services stated that damage is caused by gophers and the water going underground. Resolution No. 83-95 was adopted by the fOllowing vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez was excused from the Council Meet- ing. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.12 TO THE SAN BERNARDINO MUNICIPAL CODE CONCERNING EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS. FIRST (44) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that said ordinance be laid over for final passage. - 28 - 3/24/83 . . RES. 83-96 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO SUPPORTING ASSEMBLY BILL NO. 1738 AND ASSEMBLY CONCURRENT RESOLUTION NO. 50 TO SEEK RELIEF FROM ELECTRICAL AND NATURAL GAS RATE INCREASES FOR ONE YEAR. . 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. 83-96 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, strickler. Noes: None. Absent: Council Members Hernandez, Hobbs. GENERAL REPORTS AND CORRESPONDENCE Council Member Strickler made a motion, seconded by Member Quiel and unanimously carried, that the following filed: Council items be (48) a. Notice of Southern California Gas Company, Pacific Lighting Gas Supply Company, to customers of filing of application and public hearing regarding Appli- cation No. 83-03-14. . b. Twelve alcoholic beverage control applications for the following new and transferred licenses: New Michael E. May dba Mike & Trisha's Nutritious Dishes Dee F. Coleman dba Beer & Wine Garden Southland Corp. dba 7-11 Food Store #2131 . Sinisa Cvetrovic and George Pavlovich dba International Alexander's of Babylon Trading Co. James Oronoz dba Food Discounts Timothy Cotter & Mary Rita Cotter dba Cotter Church Supplies, Inc. Transferred Harvey Mandel dba Sire III Douglas & Dianne Chapman dba Palm Liquors Max Gasca & EmilIo Cano dba Catholic War Veterans Post 762 Eugene Dannegger dba Last Chance Market . Joseph Pautz dba pogie's 1275 East High- land Avenue 689 South "E" Street On Sale Beer & Wine On Sale Beer & Wine 306 West Base Line Off Sale Beer & Wine 708 West Mill Street 1184 West Second Street 333 West Highland Avenue 255 East 40th Street 3605 East Highland Avenue 1293 West Fifth Street 3981 Sierra Way 242 West Fifth Street - 29 - Off Sale Beer & Wine Wholesaler & Wine Importer Off Sale Beer & Wine Off Sale Beer & Wine On Sale General Off Sale General On Sale General Off Sale Beer & Wine On Sale Beer 3/24/83 iU- . . . . . . Jacob Khouri and Steven Tyler dba Neighborhood Mrkt. 1505 West Ninth Street Off Sale Beer & Wine c. Board of Building Commissioners resolutions as follows: BBC 925 BBC 924 BBC 926 BBC 92 7 1889 West 28th Street 115-123 East Second Street 4236 North Sierra Way 1155 South Washington ELIGIBILITY LIST - ANIMAL CONTROL TECHNICIAN Council Member Reilly made a motion, seconded Member Strickler and unanimously carried, that the List for Animal Control Technician be filed. by Council Eligibility (Sl) COURT FINE REVENUES - REDUCTION TO CITIES - OPPOSITION OF LEGISLATION Council Member Marks requested in a memorandum dated March 14, 1983 that Council action of February 21, 1983, directing the City Attorney to prepare a resolution urging state legislators to oppose legislation that would reduce court fine revenues for cities be tabled. He stated in his memorandum that following the adoption of that motion, the County Board of Supervisors withdrew their proposal to seek legislation under which the entire revenue received by the Municipal Court would be appropriated to the County to meet the costs of the County's operation of the courts with only any excess going to cities. (S2) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that further consideration of the proposal on legislation concerning municipal court revenues be tabled. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler was excused from the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE LEGAL DESCRIPTION OF LAND REZONED BY ORDINANCE NO. MC-245, CONSISTING OF APPROXIMATELY 541 ACRES IN THE NORTHEASTERN SECTION OF THE CITY FRONTING ON EAST HIGHLAND AVENUE EASTERLY OF STATE ROUTE 330, PETITION NO. 82-22. FIRST (S3) The City Clerk read the title of the ordinance. Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that the first reading of the ordinance be waived and said ordinance be laid over for final passage. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. - 30 - 3/24/83 . . . . . . PERSONNEL ACTIONS Council Member Reilly made a motion, seconded by Council Member Castaneda and unanimously carried, that Susan Hoak and Peg Howell be promoted from Animal Control Aide to Animal Con- trol Technician effective March 25, 1983. (S4) UNUSON FESTIVAL COST UPDATE Council Member Quiel presented a memorandum dated March 24, 1983, summarizing the costs incurred to the City during the 1982 Labor Day weekend Unuson Corporation Festival. These costs in- clude extra pOlice on duty for control of traffic and the anti- cipated attendant increase in crime, additional clean-up and maintenance of City parks resulting from impact of increased crowds using park facilities for resting, eating and camping overnight. There was increased vehicle traffic and pedestrians in and through San Bernardino before, during and after the fes- tival which generated a greater than usual amount of litter on public streets and right-of-ways which required additional use of City manpower for clean-up. Council Member Quiel recommended in his memorandum that in order to prevent recuurence of the "less than professional" arrangement which existed between the City, County and Unuson Corporation for reimbursement to the City of incurred costs for the first Unuson Corporation festival, the City Administrator identify a single coordinator and command post for controlling and utilizing City manpower and equipment to support the forth- coming Unuson spring festival. City Administrator Matzer answered questions explaining what the City has done to collect costs from the prior year's festival. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the City Administrator be instructed to designate a "Coordinator and Command Post" for controlling use of City manpower and equipment and expenditure of funds in support of the Unuson Corporation Spring Festival. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the City Administrator be instructed to assemble data and documentation to include man- power and equipment as well as "cost to the City" for all services anticipated for support of the Unuson Corporation Spring Festival and report to the Mayor and Council at the April 18, 1983 Council meeting. CRIME WORKSHOP Council Member Marks presented a memorandum dated March 23, 1983, requesting that a City Council community workshop on crime be scheduled for the purpose of assessing the local crime problem and determining appropriate community crime fighting responses. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that a City Council com- munity workshop on crime be scheduled for April 25, 1983, at 2:30 p.m., for the purpose of assessing the local crime problem and determining appropriate community crime fighting responses. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the Mayor, City Ad- ministrator and Police Chief, in conjunction with the City Coun- cil Legislative Review Committee, establish an appropriate agenda for the community workshop on crime. - 31 - 3/24/83 . . . . . . ADJOURN MEETING At 4:55 p.m., Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the meeting adjourn to Monday, March 28, 1983, at 4:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Ber- nardino, California. City Clerk Approved the 4th of April, 1983. Mayor of the City of San Bernardino - 32 - 3/24/83