Loading...
HomeMy WebLinkAbout07-05-1983 Minutes City of San Bernardino, California July 5, 1983 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 9:00 a.m., on Tuesday, July 5, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Maura O'Neill, Campus Minister of John 23rd Newman Center. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Castaneda. 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, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. ENERGY CONSERVATION AWARD Joe Falkner, who is the City Area Manager for the Southern California Edison Company, presented Energy Management Awards to the City of San Bernardino, to Wayne Overstreet, Director of Public Buildings, Roger Hardgrave, Director of Public Works/City Engineer, and Dave Harrison, Energy Auditor, for energy conserva- tion efforts of the City. BUDGET - SALES TAX INCREASE Mayor Holcomb stated it is very possible that the City might still see major cuts in it's budget as the State legislature, which has not finalized the State budget, may make further cuts in State subventions. The Mayor urged the Council to support the Vasconsuellos bill which would allow counties to increase sales tax. After discussion, Council Member Quiel made a motion, seconded by Council Member Castaneda, that if in fact the City is going to be cut back in subventions, that the Mayor and Common Council endorse the concept of giving the Cities the flexibility of increasing sales tax as a substitute for State subventions. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier. Noes: Council Members Hernandez, Strickler. Absent: None. APPROVE MINUTES - JUNE 13, 1983 Council Member Strickler made a motion, seconded by Council Member Quiel 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 13th of June, 1983, as submitted in type- written form. (1) APPROVE MINUTES - JUNE 17, 1983 Council Member Strickler made a motion, seconded by Council Member Quiel 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 17th of June, 1983, as submitted in type- written form. . (2) USE OF CITY FACILITIES FOR POLLING PLACES - NOVEMBER 8, 1983 CONSOLIDATED ELECTION - REGISTRAR OF VOTERS A request has been received from the County Registrar of Voters'Office for the use of the City Hall Lobby and the Senior Citizens Center at 600 West Fifth Street, as polling places for the consolidated election to be held on November 8, 1983. (5) Council Member Strickler made a motion, seconded by Council Member Olliel and unanimously carried, that the request of the Registrar of Voters to use the City Hall Lobby and the Senior citizens Service Center as polling places for the November 8th consolidated election, between the hours of 6:30 a.m. and 9:30 p.m., be approved. CLAIMS AND PAYROLL Council Member Strickler made a motion, seconded by Council Member Olliel and unanimously carried, to approve demands against the City and authorize the issuance of warrants as follows: (7) 1. Approve the register of demands dated: June 13, 1983 June 20, 1983 #82/83 #82/83 $830,443.81 $570,201.41 2. Approve the total gross payroll for the period May 16, 1983 through May 29, 1983, in the amount of $949,461.45. 3. Approve a supplement to the total gross payroll for the period May 16, 1983 through May 29, 1983, in the amount of $(306.84). 4. Approve the total gross payroll for the period May 30, 1983 through June 12, 1983, in the amount of $951,792.50. PERSONNEL ACTIONS Council Member Strickler made a motion, seconded by Council Member Quiel 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: (8) APPOINTMENTS Communications Ramona C. Robles - Dispatcher Effective July 6, 1983 Park and Recreation David L. Klein - Tree Trimmer Effective July 6, 1983 Planning Department Sarah J. Knecht - Planning Technician Effective July 5, 1983 TEMPORARY APPOINTMENTS Park and Recreation Marcos J. Arias - Lifeguard Effective July 6, 1983 Valerie E. Cosby - Lifeguard Effective July 6, 1983 Lisa M. Hysong - Recreation Aide Effective July 6, 1983 Diana K. Jacobs - Lifeguard Effective July 6, 1983 Kristen M. Kopp - Senior Lifeguard Effective July 6, 1983 - 2 - 7/5/83 Ann C. Larson - Supervising Lifeguard Effective July 6, 1983 Karen Martinez - Lifeguard Effective July 6, 1983 Steve F. Parker - Lifeguard Effective July 6, 1983 Daniel G. Plunkett - Lifeguard Effective July 6, 1983 Gregory J. Rager - Lifeguard Effective July 6, 1983 Joseph A. Ramirez - Lifeguard Effective July 6, 1983 Thomas J. Ro11berg - Lifeguard Effective July 6, 1983 David E. Smith - Senior Lifeguard Effective July 6, 1983 Groundsman - Effective July 7, 1983 Donald J. Stubbs Rudy Hernandez Coach Operator - Jeffery Houston Effective July 19, 1983 Pauline J. Martinez Robert C. Tanner Public Buildings Ruben M. Mayoral - Custodial Aide I Effective June 21, 1983 Ysidro Valles - Custodial Aide I Effective June 21, 1983 Public Services/Street Weeder/Cleaner - Effective June 23, 1983 Ramon Carrillo Curtis E. Janeway Louis M. Vernon Public Services/Refuse Extra Relief Heavy Laborer Leland Angio11i1o Michael T. Holt Manuel Natera John M. Trujillo - Effective June 7, 1983 Frank S. Estrada Saul Juarez Gilbert J. Snyder LEAVE OF ABSENCE Civil Service Janet E. Hedrick - Personnel Technician From July 5, 1983 to September 30, 1983 Human Services Joan M. Fogarty - Intermediate Typist Clerk From May 31, 1983 to June 30, 1983 Park and Recreation Referd Graves - Tree Trimmer From June 21, 1983 to July 21, 1983 Public Buildings Doyle E. Hayes - Parking Control From June 22, 1983 to August 22, Checker 1983 - 3 - 7/5/83 MILITARY LEAVE REINSTATEMENT Communications Lawrence W. Gatlin - Communications & Electronics Technician From June 1, 1983 to June 21, 1983 APPROVE MINUTES - JUNE 20, 1983 Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 20th of June, 1983, be amended on page 6 by inserting the words "as alternate member" to the Joint Powers Authority for the Handicapped, and that the minutes be approved as amended. (3) APPROVE MINUTES - JUNE 22, 1983 Council Member Strickler made a motion, seconded by Council Member Reilly, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 22nd of June, 1983, as submitted in typewritten form. (4) The motion Members Reilly, None. Abstain: carried by the following vote: Ayes: Council Marks, Frazier, Strickler. Noes: None. Absent: Council Members Castaneda, Hernandez, Quiel. COUNCIL PERSONNEL COMMITTEE REPORT Council Member Reilly, Acting Chairman of the Council Per- sonnel Committee, presented the Council Personnel Committee re- port from the June 27, 1983 meeting. The following items were recommended for approval: (6) Requests to fill positions for the Administrative Office, Public Works/Engineering Division, Planning Department and the Park and Recreation Department. Current eligibility lists for the Engineering Division and the Refuse Department. Request to establish list for Zoning Aide in the Plan- ning Department. Personnel Actions in the Park and Recreation Department, Public Works/Public Services/Street and Refuse Division, Public Buildings Department and the Planning Department. City Administrator Matzer answered questions regarding the Assistant Planner position stating that it was a title change only. Council Member Olliel made a motion, seconded by Council Mem- ber Frazier and unanimously carried, that the report from the Council Personnel Committee be filed. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez was excused from the Council Meeting. APPEAL - VARIANCE NO. 83-10 - NORTHEAST CORNER OF FIFTH AND "G" STREETS - BOYD - CONTINUED FROM JUNE 20, 1983 This is the time and place continued to for an appeal filed by Harold and Jane Boyd on the Planning Commission's decision of denial of the application for Variance No. 83-10, which would allow less than the required parking for a restaurant located at the northeast corner of Fifth and "G" Streets. (9) Frank Schuma, Planning Director, answered questions and pre- sented new findings of fact which the Council would adopt if they decide to grant this appeal. City Attorney Prince answered questions regarding the variance procedure and compared this case to the remodeling of the Califor- nia Hotel. - 4 - 7/5/83 Jane Boyd, applicant, presented her appeal and stated that they will actually be eliminating seating even though they would be adding an additional 1,000 square feet to the building. The Planning Director answered questions regarding parking requirements for various uses. He read the following proposed findings of fact: 1. Due to the limitations of the size (150' x 152') of the property, additional parking cannot be ascertained on-site to sufficiently meet the existing parking requirements for this existing and operational restaurant. 2. In order for this property and business owner to expand his business, this variance is necessary to allow such an expansion. No vacant land exists adjacent to subject property, thus permitting the expansion of additional off-street parking spaces. 3. The granting of this variance will not be materially detrimental to the general welfare of the public. The "Parking District" is established immediately to the south of the existing restaurant. There are businesses within the neighborhood which do not have the parking which would be required of them if they were outside the District and have much less than what the applicant presently has on-site. 4. The granting of the variance would not be in con- flict with the objectives of the City's General Plan. With the establishment of the Parking Dis- trict immediately to the south of the site, the neighborhood has been established as having less than required parking when compared to other com- mercial areas designated on the City's General Plan. Its total impact will be insignificant when compared to the entire City. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda, that the decision of the Planning Commission be rejected, and the Variance be granted based upon the findings of fact presented by the Planning Director dated July 5, 1983. City Attorney Prince stated he felt that the findings of fact were not adequate. The motion carried by the following vote: Members Castaneda, Quiel, Frazier, Strickler. Absent: Council Member Hernandez. Abstain: Reilly, Marks. (reconsidered, see page 19) Ayes: Noes: Council Council None. Members COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. PUBLIC HEARING - FEE FOR USE OF PUBLIC SWIMMING POOLS This is the time and place set for a public hearing to con- sider establishing a fee of twenty-five cents per person per day for use of the swimming pools operated by the Park and Recreation Department. (10) Mayor Holcomb opened the hearing. No protests have been received. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the hearing be closed and further reading of the following resolution be waived: - 5 - 7/5/83 RES. 83-207 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO ESTABLISHING FEES FOR USE OF CITY SWIMMING POOLS. Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-207 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: Council Member Castaneda. Absent: None. PROTEST HEARING - ALLEY VACATION - LYING SOUTH OF POPLAR STREET, EAST This is the time and place set for vacation of the westernmost alley lying east of Pear Street. WESTERNMOST ALLEY OF PEAR STREET a protest hearing on the south of Poplar Street, (11) Mayor Holcomb opened the hearing. No protests have been received. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the hearing be closed, and the findings of fact as set forth in the memorandum from Roger G. Hardgrave, Director of Public Works/City Engineer, dated June 22, 1983, as to why the westernmost alley lying south of Poplar Street, east of Pear Street is no longer necessary for present or prospective street purposes be adopted, and that fur- ther reading of the following resolution be waived and said reso- lution be adopted: RES. 83-208 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO VACATING THE WESTERNMOST ALLEY SOUTH OF POPLAR STREET, EAST OF PEAR STREET IN THE CITY OF SAN BER- NARDINO AND RESERVING A PUBLIC UTILITY EASEMENT UPON A PORTION THEREOF. Resolution No. 83-208 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. TRANSPORTATION IMPROVEMENT PROGRAM, HIGHWAY PROJECTS AMENDMENTS - CONTINUED FROM JUNE 20, 1983 This is the time and place continued to for a recommendation from the City Engineer that the following highway projects be approved for submittal to SanBag, SCAG and the Federal Highway Administration as an updated amendment to the 1983-84 Annual Element: (12) 1. Del Rosa Avenue extension - Ninth Street to Base Line 2. Fortieth Street widening - Kendall Drive to Acre Lane 3. Lynwood Drive at Del Rosa Avenue - traffic signal modernization City Administrator Matzer recommended that this item be tabled due to changes that were made during the budget hearings. He answered questions of the Council stating that funding has been reduced by $341,000. 40TH STREET WIDENING PROJECT - RECONSIDER PREVIOUS ACTION - JUNE 29, 1983 Council Member Hernandez made a motion, seconded by Council Member Marks, to reconsider the 40th Street Widening Project which was budgeted on June 29, 1983. The motion carried by the following vote: Ayes: Members Castaneda, Reilly, Hernandez, Marks, Frazier. Council Members Quiel, Strickler. Absent: None. Council Noes: - 6 - 7/5/83 Due to the reductions in anticipated FAU funding, the Council discussed the 40th Street Widening Project. Mayor Holcomb pointed out that the 40th Street Widening Project was not in the five year improvement plan because the County did not agree to participate until this year. Now the County has agreed to take part and provide funding. The Mayor stressed that the widening of 40th Street is necessary for growth in the State College area and will encourage annexation in Arrow- head Suburban Farms. After discussion, Council Member Quiel made a motion, seconded by Council Member Strickler, to reaffirm the funding in the amount of $31S,750 as previously approved for the 40th Street Widening Project. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. TRANSPORTATION IMPROVEMENT PROGRAM, HIGHWAY PROJECTS AMENDMENTS Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and.unanimouslycarried, that the recommendation from the City Engineer that Del Rosa Avenue extension, the 40th Street widening and the Lynwood Drive at Del Rosa Avenue traffic signal modernization be approved for submittal to SanBag, SCAG and the Federal Highway Administration as an updated amendment to the 1983-84 Annual Element, be tabled. (12) PUBLIC WORKS CONTRACTS - INCLUSION OF PERCENTAGE OF RESIDENCY REQUIREMENT The Council agreed to take Item 15 pertaining to the sion of a percentage residency requirement in all public contracts out of order. inclu- works (15) A memorandum dated June 22, 1983 was received from Mayor Holcomb requesting discussion on possible action that all future public works contracts specify that a certain percentage of the labor force must reside within the City limits. Mayor Holcomb explained why this item had been placed on the agenda. MAYOR HOLCOMB EXCUSED At 10:10 a.m., Mayor Holcomb was excused from the Council Meeting and Council Member Castaneda assumed the duties as Mayor Pro Tempore. City Attorney Prince recommended that this matter be referred to his office for a legal opinion on the constitutionality. Kathy Paulson of 2039 North "E" Street representative of hotel and restaurant workers, and John Ballard, representing electrical workers, urged the adoption of an ordinance which would require public works contracts to employ 50% local resi- dents for their projects. The Council discussed the issue at length. MAYOR HOLCOMB RETURNED At 10:25 a.m., Mayor Holcomb returned to the Council Meeting and took his place at the Council Table. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the City Council ap- prove in principal the concept that all future public works jobs within the City must employ 50% City residents if there are suf- ficient residents ready, willing and able to perform in good and workmanship-like manner; that the City Attorney be directed to - 7 - 7/5/83 undertake legal research on this matter to determine the legality of it; and that the matter be referred to the Legislative Review Committee for review and recommendation to Council. PREVAILING RATE OF WAGES Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, to reconsider previous ac- tion awarding contracts for landscaping in assessment districts. Council Member Marks presented his request that in all future contracts, the City require the contractor to pay the prevailing rate of wages. John Ballard, representing electrical workers, and Kathy Paulson, representing hotel and restaurant workers, encouraged this action. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that this matter be con- tinued to Monday, July 18, 1983, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, for additional information. LYTLE CREEK PARK DISTURBANCES A letter dated June 22, 1983 was received of 269 South "K" Street, requesting discussion disturbances in the Lytle Creek Park area. from R. Wade Byars on neighborhood (19) Mr. R. Wade Byars spoke regarding weekly disturbances in Lytle Creek Park and commended the Police Department for an out- standing job in ridding the park of violators. City Administrator Matzer answered questions of the Council regarding a previous Council action ordering the placement of poles and chains at the Lytle Creek Park parking lot. No official action was taken. SOCIAL SERVICE CONTRACT FUNDING RECOMMENDATIONS - HUMAN SERVICES COMMISSION A memorandum dated June 30, 1983 was received from Harry L. Carson, Chairperson of the Human Services Commission, recommending funding for social service contracts for fiscal year 1983-84 for the following amounts: (S6) Boy's Club - Encanto Park Community Center - $12,362 Casa Ramona, Inc. - Emergency Food & Medical Services - $5,567 Casa Ramona, Inc. - Referral/Supportive - $9,978 Casa Ramona, Inc. - Senior citizen Program - $5,910 Family Service Agency - Senior Citizen Outreach - $16,448 Frazee Center - $10,812 Rolling Start - $6,786 The City Administrator recommended that this item be referred to the Ways and Means Committee as has been done in the past. Council Member Castaneda made a motion, seconded by Council Member Quiel and unanimously carried, that this item be referred to the Ways and Means Committee. CARNIVAL - PETERSON'S AMUSEMENTS - 1476 WEST SEVENTH STREET - JULY 15-17, 1983 Pursuant to the recommendation of the Police Chief, Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that the application submitted by Peterson's - 8 - 7/5/83 Amusements to conduct a carnival on the premises of Guadalupe School, 1476 West Seventh Street, on July July 17, 1983, be approved subject to the following imposed by the Chief of Police: Our Lady of 15 through conditions (16) 1. That Peterson's Amusements obey all State laws and Municipal Code Ordinances regarding the regulation of carnivals, games of amusement; gambling and anti-noise ordinances. 2. That the carnival be closed by 11:00 p.m. on each date it is in operation. REQUEST FOR FUNDS - TOWARD UTILITY RATE NORMALIZATION A letter dated June 13, 1983 was received from Sylvia M. Siegel, Executive Director of Toward Utility Rate Normalization (Turn), requesting a contribution of 10~ per capita from the City to allow them to represent the consumer interest in utility and energy matters before the California Public Utilities Commission. (17) Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the request for fund- ing in the amount of $12,900 (10~ per capita - population of 129,000 = $12,900) from TURN (Toward Utility Rate Normalization) be referred to the Ways and Means Committee. COUNCIL MEETINGS - TIME CHANGE - CONTINUED FROM JUNE 20, 1983 This is the time and place continued to for a request from Council Member Marks and Council Member Hernandez to change the time of Council Meetings from day to evening. (13) Council Member Marks presented his request. Mayor Holcomb spoke in opposition stating that participation dropped when the Council held night meetings; that 20% of the pop- ulation is transit dependent and therefore would not be able to attend; that senior citizens don't like to go out at night; that energy costs for nighttime meetings would run $95.00 an hour; that department heads have already put in a full day and would not feel like staying after hours; that City records are not available after hours and that better decisions are made during the day. After discussion, Council Member Quiel made a motion, seconded by Council Member Strickler, that the Mayor and Common Council continue with their regular agendas on a daytime basis as has been done in the past. Council Member Hernandez made a substitute motion, seconded by Council Member Marks, that for a three month period the Council alternate between daytime and nighttime meetings. The motion failed by the following vote: bers Hernandez, Marks, Frazier. Noes: Council Reilly, Quiel, Strickler. Absent: None. Ayes: Council Mem- Members Castaneda, The motion made by Council Member Quiel, seconded by Council Member Strickler, that the Mayor and Common Council continue with their regular agenda on a daytime basis as has been done in the past, carried by the following vote: Ayes: Council Members Castaneda, Reilly, Quiel, Strickler. Noes: Council Members Hernandez, Marks, Frazier. Absent: None. COUNCIL MEMBER MARKS EXCUSED Council Member Marks was excused from the Council Meeting. - 9 - 7/5/83 MILL RECREATIONAL CENTER CONSTRUCTION - RONALD ROBERTS AND ASSOCIATES - CHANGE ORDER NO. FIVE A memorandum dated June 22, 1983 was received from Roger G. Hardgrave, Director of Public Works/City Engineer, recommending that Change Order No. Five to the contract with Ronald Roberts and Associates, for construction of the Mill Recreational Center, be approved. The Change Order will authorize the contractor to install two pipe gates on the access driveway to the facility and raise an existing water vault to meet the new curb. (18) Council Member Castaneda made a motion, seconded by Council Member Hernandez and unanimously carried, that Change Order No. Five to the contract with Ronald L. Roberts and Associates, for construction of the Mill Recreational Center, in accordance with Plan No. 6221, be approved, to authorize installation of two pipe gates and raising a water vault, at a net increase in the contract price of $1,078.80, from $384,293.90 to $385,372.70. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. LEGISLATIVE REVIEW COMMITTEE REPORT - FACTORY BUILT HOUSING - SUSPENSION OF INSPECTION FEES Council Member Strickler, Chairman of the Legislative Review Committee, presented the Legislative Review Committee report of June 23, 1983. The following recommendations were made: (20) The proposed ordinance amendment requiring a Planning Commission approved permit for the moving of manufactured and factory built homes into single-family residential zones to ensure the homes are of quality construction and are compatible with the neighborhoods be approved. Suspension of permit fees for installation of sidewalks, curbs and gutters in front of unimproved parcels but not subdivisions or commercial developments until Jan- uary 1, 1984 be developed into an ordinance. Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the proposed amend- ment to Municipal Code Chapter 19.68 requiring manufactured hous- ing and factory built housing obtain building moving permits be- fore being established in residential zones, making other proce- dural changes to building moving requirements, including hearing requirements, and exempting manufactured housing being moved into a mobile home park, be approved. Council Member Strickler made a motion, ,seconded by Council Member Quiel and unanimously carried, that the City Attorney be directed to prepare an ordinance suspending inspection fees for installation of sidewalks, curbs and gutters in front of unim- proved parcels, but not subdivisions and commercial developments, until January 1, 1984. WAYS AND MEANS COMMITTEE REPORT - UTILITY USERS TAX Council Member Strickler, Acting Chairman of the Ways and Means Committee, reported on the Ways and Means Committee report of June 27, 1983. The utility users tax survey was discussed at the Ways and Means Committee meeting of June 27, 1983, and it was recommended that the City Attorney, City Administrator and the Finance Director be directed to work in conjunction with the utility companies and come up with an ordinance giving an exemp- tion of the utility tax to low-income persons to replace the present rebate system. (21) Mayor Holcomb spoke in opposition to the recommendation in the Ways and Means Committee report. He stated that the present rebate system works well, there is little opportunity for cheating and additional funds would have to be placed in the budget under the exemption system. - 10 - 7/5/83 City Administrator Matzer answered questions regarding the timing of rebates for 1983 and stated that $40,000 had been added into the City's budget for the exemption program. He also stated that the average rebate is from $45 to $50. The Mayor and Common Council discussed notification, the possibility that the utility user will commit perjury regarding their income status and the cost of operating the present rebate system. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the City Attorney, City Administrator and Finance Director be instructed to work in conjunction with the utility companies to prepare an ordinance giving an exemption of the utility tax to low-income persons to replace the present rebate system. MOBILE HOME PARK AD HOC COMMITTEE REPORT Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda, that the report from the Mobilehome Park Ad Hoc Committee be continued to Monday, July 18, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (22) The motion carried by the following vote: Ayes: Members Castaneda, Reilly, Quiel, Frazier, Strickler. Council Members Hernandez, Marks. Absent: None. Council Noes: RECESS MEETING At 12:10 p.m., Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that the meeting recess until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:00 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, .Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. 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 Quiel and unanimously carried, that further reading of all the resolutions on the agenda be waived. RES. 83-209 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT FOR THE FURNISHING AND DE- LIVERING OF AGGREGATE BASE MATERIAL FOR MASONRY MORTAR IN ACCORDANCE WITH SPECIFICATION NO. F-83-9, ITEMS I AND II. (Owl Rock Products, Co., San Ber- nardino, CA) (24) Council Member Castaneda made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-209 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. - 11 - 7/5/83 RES. 83-210 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT FOR THE FURNISHING AND DE- LIVERING OF AGGREGATE BASE MATERIAL FOR MASONRY MORTAR AND WASHED SAND IN ACCORDANCE WITH SPECIFICA- TION NO. F-83-9, ITEMS III AND V. (Fourth Street Rock Crusher, San Bernardino, CA) (25) Council Member Castaneda made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-210 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-211 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT FOR THE FURNISHING AND DE- LIVERING OF AGGREGATE BASE IN ACCORDANCE WITH SPECI- FICATION NO. F-83-9, ITEM IV. (Livingston-Graham, Inc., San Bernardino, CA) (26) Council Member Castaneda made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-211 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-212 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE RATIFICATION AND EXECUTION OF AN AGREEMENT WITH THE STATE PERSONNEL BOARD RELATING TO TESTING MATERIALS FOR CLASSIFIED PERSONNEL IN CIVIL SERVICE. (27) Council Member Castaneda made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-212 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-213 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT FOR THE FURNISHING AND DE- LIVERING OF READY MIX CONCRETE IN ACCORDANCE WITH SPECIFICATION NO. F-83-8. (Fourth Street Rock Crusher, San Bernardino, CA) (28) Council Member Castaneda made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-213 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-214 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION. . .ESTABLISHING A COMPENSATION PLAN . . ."; AND ADDING THE CLASS OF WEEDER/CLEANER (PART TIME) EFFECTIVE JUNE 6, 1983. (23) Council Member Castaneda made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-214 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. - 12 - 7/5/83 RES. 83-215 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 12299 LOCATED ON THE SOUTHWEST CORNER OF POPLAR STREET AND EUREKA AVENUE. (29) Council Member Castaneda made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 83-215 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-216 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 10979 LOCATED EAST OF PINE AVENUE BETWEEN BEL- MONT AVENUE AND IRVINGTON AVENUE; ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; ACCEPT- ING THE EASEMENTS FOR STREET AND STORM DRAIN PUR- POSES FROM THE METROPOLITAN WATER DISTRICT; AND AU- THORIZING EXECUTION OF AN AGREEMENT FOR THE IMPROVE- MENT IN SAID SUBDIVISION. (Orange Coast Title Co.) (30) Council Member Castaneda made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 83-216 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-217 - A RESOLUTION OF THE CITY OF SAN BERNAR- DINO CONFIRMING ASSESSMENT ROLL NO. 951 FOR THE IM- PROVEMENT AND MAINTENANCE OF PORTIONS OF KENDALL WAY AND KENDALL DRIVE, IN THE CITY OF SAN BERNARDINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO. 951. (Wagonwheel Road area) (31) Council Member Castaneda made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 83-217 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-218 - A RESOLUTION OF THE CITY OF SAN BERNAR- DINO PRELIMINARILY DETERMINING THAT PUBLIC CONVE- NIENCE AND NECESSITY REQUIRE THE FORMATION OF A SAN- ITARY SEWER FACILITIES ASSESSMENT DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS "ASSESSMENT DISTRICT NO. 958"; AND SETTING AND DIRECTING PUBLICATION OF NO- TICE OF A TIME AND DATE OF PUBLIC HEARING. (Pepper Avenue and Mill Street) (32) Council Member Castaneda made a motion, seconded by Council Member Marks and unanimously carried, that the Engineer's Report dated June 27, 1983 on the Pepper Avenue Sewer District, be ap- proved. Council Member Castaneda made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 83-218 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. - 13 - 7/5/83 RES. 83-219 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT CORRECTION NOS. 11, 27, 28, 29, 30 AND 31, OF LOCAL AGENCY FEDERAL- AID SAFETY IMPROVEMENT PROJECTS, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION. (Traffic Signal Modifications - Fifth Street, from "H" Street to Sierra Way and on Ninth Street, from "H" Street to Waterman Avenue) (33) Council Member Castaneda made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 83-219 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-220 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO ESTABLISHING FEES FOR CERTIFICATION OF CORREC- TION OF EQUIPMENT VIOLATION OF THE VEHICLE CODE AND DESIGNATING PERSONNEL OF THE CITY GARAGE AS AUTHO- RIZED REPRESENTATIVES OF THE POLICE DEPARTMENT THEREFOR. (35) Council Member Castaneda made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-220 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-221 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO ACTING AS THE AREA AGENCY ON AGING FOR THE SENIOR NUTRITION PROGRAM FOR THE PERIOD JULY 1, 1983 THROUGH JUNE 30, 1984. (36) Council Member Castaneda made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-221 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-222 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CLAIRE CRAMER RELATING TO ENGINEERING SERVICES AS A STUDENT INTERN. (37) Council Member Castaneda made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-222 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Council Member Castaneda made a motion, seconded by Council Member Quiel and unanimously carried, that $600 be transferred from Account No. 01-291-181 (Automobile Allowance) to Account No. 01-291-252 (Professional/Contractual Services), in order to pro- vide funds to cover the costs incurred by the agreement with Ms. Claire Cramer for engineering services. RES. 83-223 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO OPPOSING ASSEMBLY BILL 1958 WHICH LIBERALIZES PROVISIONS FOR HANDLING OF ABSENTEE VOTERS BALLOTS. (34) - 14 - 7/5/83 Council Member Castaneda made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-223 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. RES. 83-224 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF RIALTO RELATING TO THE LOAN OF SAN BER- NARDINO'S FLAMMABLE LIQUID, TWIN AGENT FIRE FIGHTING UNIT TO RIALTO. (38) Council Member Marks made a motion, seconded by Council Mem- ber Reilly, that said resolution be adopted. Resolution No. 83-224 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the Fire Chief be re- quested to submit a report as to whether or not, in his opinion, the City should go ahead and sell the flammable liquid, twin agent fire fighting unit which is on loan to the City of Rialto. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED IN PART "A RESOLUTION. ESTABLISHING PARKING TIME LIMITATIONS UPON CERTAIN DES IGNATED STREETS OR ALLEYS, OR PORTIONS THEREOF. . ."; ADDING A ONE-HOUR PARKING LIMITATION ON THE EAST SIDE OF "K" STREET BETWEEN GRANT STREET AND HAZEL AVENUE; IMPLEMENTING PREFERENTIAL PERMIT PARKING FOR AREA RESIDENTS, EXEMPTING THEM FROM THIS PARKING RESTRIC- TION; AND PROVIDING FOR A FEE FOR THE ISSUANCE OF PARKING STICKERS. (39) Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the resolution be con- tinued to Monday, July 18, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 83-225 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 83-129 ENTITLED IN PART "RESOLUTION. . .ACCEPTING GRANT AWARD. . .FOR CAREER CRIMINAL APPREHENSION AND PROSECUTION PROGRAM"; AND AMENDING THE GRANT PERIOD AND AMOUNT. (40) Council Member Frazier made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 83-225 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-226 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH THE CITY OF LOMA LINDA TO PROVIDE FOR INCREASED SERVICE RATES FOR MECHANICAL SERVICES ON CERTAIN APPARATUS ASSIGNED TO LOMA LINDA'S FIRE DIVISION. (41) Council Member Frazier made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 83-226 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. - 15 - 7/5/83 RES. 83-227 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO AGREEMENT WITH AMERICAN ASSOCIATION OF RETIRED PERSONS, CHAPTER 224, PROVIDING FOR A ONE YEAR EX- TENSION OF THE TERM OF THE AGREEMENT FOR THE USE OF CONVENTION CENTER FACILITIES IN EXCHANGE FOR ENTER- TAINMENT TO SENIORS IN CONVALESCENT HOSPITALS AND REST HOMES. (42) Council Member Frazier made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 83-227 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. WAIVE READINGS - ORDINANCES The City Clerk read the title of all the ordinances on the agenda. Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that the first and final reading of all the ordinances on the agenda be waived. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZON- ING MAP, WHICH IS INCORPORATED BY REFERENCE IN SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 83-11, AN IRREGULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 40,000 SQUARE FEET HAVING A FRONTAGE OF APPROXIMATELY 100 FEET ON THE EAST SIDE OF "D" STREET AND BEING LOCATED APPROXIMATELY 175 FEET NORTH OF THE CENTERLINE OF MAGNOLIA STREET AND FURTHER DESCRIBED AS 1515 NORTH "D" STREET). FIRST (44) Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 19.08, 19.10, 19.12, 19.14, 19.16 AND 19.18 OF THE SAN BERNARDINO MUNICIPAL CODE TO PRO- VIDE THAT RESIDENTIALLY ZONED PROPERTY SHALL NOT BE DEVELOPED TO PROVIDE VEHICULAR ACCESS TO NON-RESI- DENTIALLY ZONED PARCELS. FIRST (45) Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.16.020 OF THE SAN BERNARDINO MUNICIPAL CODE TO INCLUDE UNIFORM FIRE CODE (1982 EDITION) APPENDIX "VI-B", MODEL CITATION PROGRAM. FIRST (47) Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.60.060 AND 19.60.070 OF THE SAN BERNAR- DINO MUNICIPAL CODE TO PROVIDE FOR ABATEMENT BY RE- MOVAL OR CLEANING OF AREA FOR SIGNS OBSCURED BY WEEDS, LITTER OR DEBRIS. - 16 - 7/5/83 FIRST (43) Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the first reading of the ordinance be amended by striking from Line 15 the words "or shall be entirely replaced with new signs" and that said ordinance be laid over for final passage. . City Attorney Prince answered questions regarding the time frame for abatement. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 2 OF THE SAN BERNARDINO MUNICIPAL CODE TO CONSOLIDATE PARK AND RECREATION DEPARTMENT AND HUMAN SERVICES DEPARTMENT; TO PROVIDE ADDITIONAL DUTIES TO THE PARK AND RECREATION COMMISSION; TO DELETE REFERENCES TO HUMAN SERVICES COMMISSION; AND TO REPEAL CHAPTER 2.20. FIRST (46) The Mayor and Common Council discussed the ordinance. Council Member Castaneda made a motion, seconded by Council Member Marks and unanimously carried, that the first reading of the ordinance be laid over for final passage. Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the ordinance also be referred to the Ways and Means Committee for study. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 13.08.055 OF THE SAN BERNARDINO MUNICIPAL CODE TO ADD PARAGRAPH C EXEMPTING CERTAIN AREAS FROM PORTIONS OF THE SEWER CONNECTION FEE. (Con- tinued from June 20, 1983) FIRST (48) The City Administrator answered questions regarding the or- dinance stating that it applies just to the $200.00 per bedroom fee. City Attorney Prince stated that this ordinance would apply to blighted areas where Community Development funds are used. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that said ordinance be laid over for final passage. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez was excused from the Council Meeting. ORD. MC-285 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING CHAPTER 15.04 OF THE SAN BERNARDINO MUNICIPAL CODE TO CHANGE CERTAIN FEES APPLICABLE TO BUILDINGS. FINAL (49) Council Member Castaneda made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-285 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Hernandez. ORD. MC-28G - ORDINANCE OF THE CITY OF SAN BERNAR- FINAL DINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REF- ERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 83-8, A RECTANGULARLY- SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 13,500 SQUARE FEET HAVING A FRONTAGE OF APPROXI- MATELY 100 FEET ON THE SOUTH SIDE OF SPRUCE STREET AND BEING LOCATED APPROXIMATELY 195 FEET WEST OF THE CENTERLINE OF "J" STREET). (51) - 17 - 7/5/83 Council Member Castaneda made a motion, seconded by Council Member Reilly, that said ordinance be adopted. Ordinance MC-286 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Hernandez. ORD. MC-287 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING SECTION 5.04.030 OF THE SAN BERNAR- DINO MUNICIPAL CODE PERTAINING TO BUSINESS LICENSE FEES TO PROVIDE FOR PAYMENT OF FEES FOR PRECEDING THREE YEARS WHEN BUSINESS WAS OPERATED WITHOUT A BUSINESS LICENSE, AND TO MAKE REVISION APPLICABLE TO ANNUAL AND QUARTERLY BUSINESS LICENSES. FINAL (50) Council Member Olliel made a motion, seconded by Council Mem- ber Castaneda, that said ordinance be adopted. Ordinance MC-287 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Hernandez. PENALTY FOR OPERATING WITHOUT A BUSINESS LICENSE The City Clerk answered questions of the Council regarding the penalty for operating without a business license. Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, to instruct the City Attor- ney to come up with a uniform penalty ordinance for late payment of all fees. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler was excused from the Council Meeting. GENERAL REPORTS AND CORRESPONDENCE Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that the following items be filed: (52) a. Correspondence from Louis J. Briskman relative to deregulation of Group W Cable of San Bernar- dino. b. Civil Service Eligibility Lists for: Refuse Operator I - Promotional Engineering Aide - Open & Promotional c. Application to the Public utilities Commission from Thomas D. Hobbs, dba SOMEX Enterprises Airport Van Service for Certificate of Public Convenience and Necessity to operate passenger stage service between San Bernardino and River- side Counties and Los Angeles International Air- port, Ontario Airport, Orange County Airport, Long Beach Airport, and LA Harbor Pier. d. Application to the Public Utilities Commission from COMVEN, INC. for a Certificate of Public Convenience and Necessity pursuant to Section 1001 of the Public utilities Code to construct a new radio paging system in San Bernardino, California. I' e. Two alcoholic beverage control applications for the following new licenses: - 18 - 7/5/83 Ted De Smet, James E. Standrich and James F. Vaughn dba The Gold Coast Pizza Company 960 Kendall Drive On Sale Beer & Wine Songphol & Vilailugsana Chimpali dba Thai & Oriental Market 2077 East High- land Avenue Off Sale Beer & Wine COUNCIL MEMBERS HERNANDEZ AND STRICKLER RETURNED Council Members Hernandez and Strickler returned to the Council Meeting and took their place at the Council Table. HIGHLAND CITYHOOD ELECTION - CONTINUED FROM JUNE 28, 1983 This is the time and place continued to for a request from Mayor Holcomb for authorization to notify LAFCO that the City will support an election on the detachment from our City if all City residents are permitted to vote on the detachment and if the pro- ponents of Highland Cityhood pay for the election. (14) Mayor Holcomb explained his request. City Attorney Prince answered questions stating that the City presently has the right to veto a detachment. After a lengthy discussion, Council Member Hernandez made a motion, seconded by Council Member Castaneda, that the matter be tabled. The motion failed by the following vote: Ayes: Council Members Castaneda, Hernandez, Frazier. Noes: Council Members Reilly, Marks, Quiel, Strickler. Absent: None. COUNCIL MEMBER HERNANDEZ EXCUSED At 3:00 p.m., Council Member Hernandez was excused from the Council Meeting. The Mayor and Common Council continued their discussion on the Mayor's request. COUNCIL MEMBER HERNANDEZ RETURNED At 3:10 p.m., Council Member Hernandez returned to the Coun- cil Meeting and took his place at the Council Table. MAYOR HOLCOMB EXCUSED At 3:10 p.m., Mayor Holcomb was excused from the Council Meeting and Council Member Castaneda assumed the duties as Mayor Pro Tempore. Council Member Castaneda made a motion, seconded by Council Member Hernandez, that the request from the Mayor for authoriza- tion to notify LAFCO that the City will support an election on the detachment from our City if all City residents are permitted to vote on the detachment and if the proponents of Highland City- hood pay for the election, be tabled. The motion carried by the following vote: Ayes: Members Castaneda, Hernandez, Marks, Frazier. Noes: Members Reilly, Quiel, Strickler. Absent: None. Council Council APPEAL - VARIANCE NO. 83-10 - NORTHEAST CORNER OF FIFTH AND "G" STREETS - BOYD - RECONSIDER PREVIOUS ACTION The action taken granting Variance No. 83-10 based upon the findings of fact presented by the Planning Director dated July 5, 1983, was reconsidered. (9) The City Attorney submitted a proposed set of findings of fact. - 19 - 7/5/83 Council Member Reilly made a motion, seconded by Council Member Quiel, to add the following findings of fact, prepared by the City Attorney, to the findings that were previously approved: A. The following exceptional or extraordinary cir- cumstances and conditions exist: 1. The addition to the existing restaurant facilities will reduce the dining area by several hundred feet or by thirty-five or more seats. 2. The Parking District boundaries are located thirty-five feet from the subject site and if the site were located within such bounda- ries, a variance would not be necessary. 3. The parking spaces for the existing restau- rant are in compliance with the non-conform- ing provisions of the Code and the improve- ments and additions will not increase the use, but will upgrade the facilities for the elderly and handicapped. 4. Many of the customers are from the neighbor- hood and do not use the parking spaces. 5. The above circumstances and conditions do not apply generally to other properties lo- cated in the zoning district or neighborhood. B. The variance sought is necessary for the preserva- tion and enjoyment of a substantial property right of the applicant in that without the proposed ex- pansion, the restaurant cannot economically exist in this particular area. C. Granting the variance will not be materially det- rimental to the public welfare or injurious to property and improvements in the zoning district and the neighborhood in which the property is lo- cated, because the exceptional circumstances cited in Findings A - 1, 2, 3 and 4 above assure that no such detriment will arise. D. The objectives and purposes of the master plan will be protected in that the variance will not affect the proposed use of the property and the proposed variance is consistent with the overall goals of the master plan. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Hernandez. CURB AND GUTTER INSTALLATION - TERRACE ROAD, FROM SIXTH STREET TO ETIWANDA AVENUE In a memorandum dated June 30, 1983, Roger Hardgrave, Direc- tor of Public Works/City Engineer, recommended that the transfer of $39,629 be approved in order to provide the necessary supple- mental funding for installation of curb and gutter and fill-in paving on Terrace Road (west side) from Sixth Street to Etiwanda Avenue. (Sl) The Council discussed the allocation of funds within the Third Ward from various street projects. - 20 - 7/5/83 j Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, to continue this item to Monday, July 18, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Ber- nardino, California. The motion failed by the following vote: bers Reilly, Olliel, Strickler. Noes: Council Hernandez, Marks, Frazier. Absent: None. Ayes: Council Mem- Members Castaneda, The City Administrator answered questions regarding the fund balance of the grade crossing account. MAYOR HOLCOMB RETURNED At 3:20 p.m., Mayor Holcomb returned to the Council Meeting and took his place at the Council Table. After further discussion, Council Member Quiel made a motion, seconded by Council Member Strickler, to continue this matter un- til Monday, July 18, 1983, to give Engineering a chance to evalu- ate the priorities and for the Public Works Director to be present to answer questions. The motion carried by the following vote: Ayes: Council Members Reilly, Quiel, Frazier, Strickler. Noes: Council Members Castaneda, Hernandez, Marks. Absent: None. HEARING - CONDITIONAL USE PERMIT NO. 671 - LIVE ENTERTAINMENT - 4307 NORTH SIERRA WAY A memorandum dated June 20, 1983 was received from Frank Schuma, Planning Director, stating that a petition has been re- ceived from residents in the area of the nightclub Rumours lo- cated at 4307 North Sierra Way. The residents stated in the pe- tition that the nightclub has generated noise that has become in- tolerable; fights have occurred; damage has resulted through vehicle misuse by Rumours customers to the Hillcrest Apartments from the alley adjoining the Rumours parking lot and the apart- ments, and there has been harassment of neighborhood residents by persons loitering and drinking in the Rumours parking lot. The Planning Director recommended in his memorandum that the Planning commission conduct a public hearing to consider revocation of the Conditional Use Permit. (S2) Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the Planning Commission be directed to hold a public hearing to consider revocation of Conditional Use Permit No. 671 and the persons whose signatures appear on the petition requesting City intervention be notified of the time and date of the public hearing. STREET LIGHT IMPROVEMENTS - MT. VERNON, FROM SECOND STREET TO NINTH STREET - KUNERT ELECTRIC - CHANGE ORDER NO. ONE Roger Hardgrave, Director of Public Works/City Engineer, recommended in a memorandum dated June 29, 1983, that Change Or- der No. One to the contract with Kunert Electric, for construc- tion of street lighting improvements on Mt. Vernon Avenue, from Second Street to Ninth Street, be approved. (S4) Council Member Castaneda made a motion, seconded by Council Member Quiel and unanimously carried, that Change Order No. One, to the contract with Kunert Electric, for construction of street lighting improvements on Mt. Vernon Avenue, from Second Street to Ninth Street, be approved; to authorize the installation of new conduit, for an increase in cost not to exceed $3,000.00 which will raise the contract price from $23,600.00 to $26,600.00. - 21 - 7/5/83 RES. 83-228 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 83-201 ENTITLED IN PART "RESOLUTION. . .MODIFYING FEES FOR PLANNING SERVICES, ENGINEERING SERVICES, AND USES OF BUILDINGS, SPORTS FACILITIES AND EQUIPMENT. . ."; AND INCLUDING THERE- IN FEES FOR FINAL SUBDIVISION MAP FILING, FINAL PAR- CEL MAP FILING, CERTIFICATE OF COMPLIANCE FILING, SUBDIVISION IMPROVEMENT PLAN CHECKING, NON-RESIDEN- TIAL PARCEL MAP IMPROVEMENT PLAN CHECKING, AND RES- IDENTIAL PARCEL MAP IMPROVEMENT PLAN CHECKING. (S5) 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 Quiel made a motion, seconded by Council Mem- ber Reilly, that said resolution be adopted. Resolution No. 83-228 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: Council Member Castaneda. Absent: None. Roger Hardgrave, Director of Public Works/City Engineer, was present to answer questions and stated that the proposed fees are close to or below the average charged in other cities. RES. 83-229 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH SAN HIDALGO INSTITUTE, INC. RELAT- ING TO THE NUTRITION FOR SENIORS PROGRAM. (S7) The City Clerk read the title of the resolution. The Mayor and Common Council discussed the requirement in the contract for a Site Manager. Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-229 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. CHAPTER 27 STREET IMPROVEMENTS - VARIOUS LOCATIONS - AAA PAVING COMPANY - CHANGE ORDER NO. ONE In a memorandum dated June 29, 1983, Roger Hardgrave, Direc- tor of Public Works/City Engineer, recommended that Change Order No. One to the contract with AAA Paving Company for construction of fill-in street improvements at 23 various locations, be ap- proved. The Change Order will adjust the bid quantities for as- phalt concrete and aggregate base and authorize the contractor to install 160 tons of imported borrow on Kendall Drive, south of State College Parkway. (S8) Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that Change Order No. One, to the contract with AAA Paving for Chapter 27 Improvements at 23 various locations, in accordance with Plan No. 6343, be approved, to adjust the quantities for asphalt concrete and aggregate, and authorize the contractor to install approximately 160 tons of im- ported borrow, for a net reduction of $1,501.49 in the contract price, from $66,943.45 to $65,441.96. - 22 - 7/5/83 TEMPORARY TRAILER PERMIT - GRACE BAPTIST CHURCH - 1333 EAST 39TH STREET Pursuant to the recommendation of Jack Rosebraugh, Superin- tendent of Building and Safety, and David Anderson, Principal Planner, Council Member Marks made a motion, seconded by Council Member Castaneda and unanimously carried, that Grace Baptist Church be granted permission to install and occupy a 12 x 60 foot trailer at 1333 East 39th Street for the purpose of classroom and office space for a period of one year during the planning and con- struction of a permanent structure, provided: (S9) 1. A permit is obtained for a set-down, with the trailer being connected to approved water, elec- tric and sanitary systems. 2. Handicap access and bathroom facilities are provided. 3. Mechanical permits are obtained. 4. The use of the trailer is for temporary purposes only and shall be removed from the property with- in one year. 5. The applicant shall apply for a conditional use permit to expand the existing church facilities within 30 days, as specified under San Bernardino Municipal Code Section 19.08.020.C.l. in the R-1-7200 Single-Family Residential Zone. TEMPORARY TRAILER PERMIT - PONDEROSA HOMES CORPORATION - NORTHEAST CORNER OF BELMONT AVENUE AND OLIVE AVENUE Pursuant to the recommendation of the Superintendent of Building and Safety and the Principal Planner, Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that the ponderosa Homes Corporation be granted permission to use a 10 x 40 foot trailer as a temporary sales office at the northeast corner of Belmont Avenue and Olive Avenue for a period of 90 days, provided: (SlO) 1. A permit is obtained for a trailer set-down with the trailer being connected to approved electric. 2. Chemical toilet is provided on site. 3. Minimum of a 25 foot setback from street right-of- way is maintained. 4. Minimum of eight paved parking spaces with driveway are provided adjacent to trailer parking spaces to be marked in accordance with S.B.M.C. Section 19.56.010. It was pointed out that the previous application for a tem- porary occupancy of a trailer contained a condition for access for the handicapped and that this application, which is for a period of 90 days only, does not have the same requirement. REQUEST FOR FUNDS - LITTLE LEAGUE BASEBALL INCORPORATED - WESTERN REGIONAL HEADQUARTERS In a memorandum dated July 1, 1983, Mayor Holcomb recommended that the Public Services Superintendent be authorized to perform asphalt paving in the parking lot located at 6707 Little League Drive at the Western Regional Headquarters of Little League Base- ball Incorporated. He stated in the memorandum that the Little League will be responsible for planting the trees and will pay for all paving materials. (S12) - 23 - 7/5/83 Council Member Castaneda made amotion, seconded by Council Member Quiel and unanimously carried, that the Public Services Superintendent be authorized to perform asphalt paving in the parking lot located at 6707 Little League Drive and that the Director of Park and Recreation be authorized to supply twelve, IS-gallon trees to the Western Regional Headquarters of Little League Baseball Incorporated. COUNCIL MEMBER CASTANEDA EXCUSED Council Member Castaneda was excused from the Council Meeting. CONFLICT OF INTEREST DECLARATION Council Member Marks presented a letter dated May 9, 1983 from Ralph prince, City Attorney, disclosing property interest in a Redevelopment Agency Project Area that was read into the minutes of May 9, 1983. Council Member Marks stated that this letter should have been read into the minutes of March 28, 1983. Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, to adopt the correction of the minutes of the Mayor and Common Council dated March 28, 1983, to include a reference to City Attorney Prince's memorandum dated May 9, 1983. COUNCIL MEMBER CASTANEDA RETURNED Council Member Castaneda returned to the Council Meeting and took his place at the Council Table. RECESS MEETING - CLOSED SESSION At 3:40 p.m., Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the Regular Meeting of the Mayor and Common Council of the City of San Bernardino recess for a Closed Session for discussion on personnel matters. CLOSED SESSION The Closed Session of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Member Castaneda. Also present was Ray Schweitzer, Deputy City Administrator. ADJOURN CLOSED SESSION At 4:30 p.m., the Closed Session 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. RECONVENE MEETING At 4:30 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, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Member Castaneda. - 24 - 7/5/83 ORD. MC-288 - ORDINANCE OF THE DINO AMENDING SECTION 3.52.030 MUNICIPAL CODE TO INCREASE THE OCCUPANCY TAX FROM SIX PERCENT DECLARING THE URGENCY THEREOF. 1983) CITY OF SAN BERNAR- OF THE SAN BERNARD !NO UNIFORM TRANSIENT TO TEN PERCENT, AND (Effective August 1, FINAL The City Clerk read the title of the ordinance. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that further reading of the ordinance be waived and said ordinance be adopted. Ordinance MC-288 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Castaneda. ADJOURN MEETING At 4:30 p.m., Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the meeting be adjourned. Ci ty Clerk Approved the 18th of July, 1983. Mayor of the City of San Bernardino - 25 - 7/5/83