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Home My WebLink About07-18-1983 Minutes ~ , City of San Bernardino, California July 18, 1983 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:57 a.m., on Monday, July 18, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Chaplain Richard Elliott of Norton Air Force Base. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Strickler. 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 Clerk Clark, City Administrator Matzer. Absent: City Attorney Prince. MOMENT OF SILENCE - AMOS CAULEY Council Member Dan Frazier announced the death of Amos Cauley, former employee of the Human Services Department, and asked for a moment of silence. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly was excused from the Council Meeting. APPROVE MINUTES - JUNE 24, 1983 Council Member Hernandez made a motion, seconded by Council Member Marks 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 24th of June, 1983, as submitted in type- written form. (1) APPROVE MINUTES - JUNE 28, 1983 Council Member Hernandez made a motion, seconded by Council Member Marks 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 28th of June, 1983, as submitted in type- written form. (2) RESTROOM/CONCESSION/STORAGE BUILDING AND AMPHITHEATER LIGHTING - PERRIS HILL PARK - S.C.C. CONSTRUCTION In a memorandum dated July 5, 1983, Roger Hardgrave, Direc- tor of Public Works/City Engineer, recommended that the construc- tion of a restroom/concession/storage building and amphitheater lighting at perris Hill Park, by S.C.C. Construction, be approved. (9) Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the work performed by the contractor, in accordance with Specification No. 6219, be ap- proved and accepted, and that final payment be authorized at the end of the lien period. CLAIMS AND PAYROLL Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, to approve demands against the City and authorize the issuance of warrants as follows: (11) 1. Approve the register of demands dated: June"27, 1983 July 5, 1983 #82/83 #82/83 $1,912,854.42 $ 396,560.75 2. Approve a supplement to the total gross payroll for the period May 30, 1983 through June 12, 1983, in the amount of $(130.11). PERSONNEL ACTIONS Council Member Hernandez made a motion, seconded by Council Member Marks 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: (12) TEMPORARY APPOINTMENTS Park and Recreation Joseph M. Horton - Assistant Tree Trimmer Effective July 19, 1983 Rudolph D. Jones - Recreation Aide Effective July 11, 1983 Ramona L. Sloan - Recreation Leader Effective July 19, 1983 Keith E. Terrell - Lifeguard Effective July 6, 1983 PROMOTIONAL APPOINTMENTS Fire Department Paul P. Janeway - Fire Fighter to Engineer Effective July 11, 1983 Park and Recreation Mark S. Lopez - Recreation Leader Effective July 19, 1983 TRANSFER Planning Department Catherine L. Melton - Intermediate Typist Clerk - from Finance to Planning - Effective July 25, 1983 Public Services/Refuse Grady C. Barr - Storekeeper I - from Finance to Public ServiceS/Refuse - Effective July 1, 1983 LEAVE OF ABSENCE REINSTATEMENT Civil Service Cynthia G. Chavez - Personnel Clerk I Effective July 11, 1983 Public Works/Engineerin~ Alfred Goer - Civil Eng1neering Assistant Effective July 11, 1983 Treasurer Deborah L. Mattson - Deputy City Treasurer Effective July 17, 1983 REINSTATEMENT Police Department Cindy Rodriguez - Police Officer Effective July 19, 1983 DEMOTION Park and Recreation Joseph C. Viestenz - Tree Trimmer to Park Maintenance Worker I - Effective July 19, 1983 - 2 - 7/20/83 COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. APPROVE MINUTES - JULY 5, 1983 Council Member Quiel made a motion, seconded by Council Mem- ber Marks and unanimously carried, that the minutes of the meet- ing of the Mayor and Common Council of the City of San Bernardino held on the 5th of July, 1983, be amended on page 7, paragraph 3, changing the figure "$381,750" to read "$318,750", and that the minutes be approved as amended. (3) CITY ATTORNEY PRINCE ARRIVED At 9:02 a.m., City Attorney Prince arrived at the Council Meeting and took his place at the Council Table. DISABILITY RETIREMENTS - SECCOMBE - SPRAGUE - ASHTON - WARD - WICKS - FIRE FIGHTERS In memorandums dated July 6, 1983, Ronald Solheim, Risk Management Coordinator, recommended that the City Administrator file notice with the Public Employees Retirement System stating that Robert Seccombe, Claude Sprague, John Ashton, Virgil Ward and Howard wicks are incapacitated from continuing their duties as Fire Fighters. (4, 5, 6, 7, 8) City Administrator Matzer answered questions regarding the apparent increase in disability retirements and stated that Risk Management is developing a physical fitness program. City Attorney Prince answered questions regarding disability compensation and stated it is a matter of State law. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly, that the Mayor and Common Council hereby find Robert Seccombe, Claude Sprague, Jr., John Ashton, Virgil Ward and Howard WicKs to be incapacitated for the performance of their duties as Firemen 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 they be placed on disability retirement. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Hernandez. PERSONNEL COMMITTEE REPORT Council Member Reilly, Acting Chairman of the Council Per- sonnel Committee, presented the Council Personnel Committee re- port dated July 8, 1983. The following items were discussed: (10) Requests to fill positions in the Planning Department, City Clerk/Business License Division, Human Services Department and the Police Department. Requests to establish eligibility lists for the En- gineering Division and the Building and Safety De- partment. Personnel actions for the Park and Recreation Department. A report concerning use of off-duty dispatchers from other jurisdictions at straight time instead of over- time was favorably received by the Committee. The Mayor and Common Council discussed contracting of dis- patchers from other cities. Council Member Marks made a motion, seconded by Council Mem- ber Olliel and unanimously carried, that the report from the Council Personnel Committee be filed. - 3 - 7/18/83 PRESENTATION - SPECIAL OLYMPICS CONTRIBUTION John Kramer, Recreation Superintendent, introduced William L. Neely from Chevron Incorporated, who contributed to the Special Olympics. Mr. Neely received a commendation. PLANNING COMMISSION REPORT Frank Schuma, Planning Director, gave the Planning Report regarding all Planning Commission matters of the meeting of June 22, 1983. The following recommendation was made: To approve the proposed amendment to the San Bernar- dino Municipal Code Chapter 19.08, Single-Family Residential Zone, reduced square foot lot sizes of 6,000 square feet. (13) Frank Schuma, Planning Director, answered questions regard- ing regulations and departmental participation to insure com- patibility of developments within existing neighborhoods. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the City Attorney be in- structed to prepare an amendment to Chapter 19.08 as set forth in the memorandum from the Planning Director dated July 11, 1983, and that the proposed amendment be delivered to the Legislative Review Committee for study and referral to the Council. PREVAILING RATE OF WAGES - CONTINUED FROM JULY 5, 1983 This is the time and place continued to for a report from the City Engineer on the proposal that contractors pay prevail- ing rate of wages for public works projects. (14) In a memorandum dated July 12, 1983, the Director of Public Works/City Engineer, reported on the payment of prevailing rate of wages on contracts for public works projects. He stated in his memorandum that prevailing rates of wages have been deter- mined for crafts employed on construction projects, but rates have not been determined for service workers on maintenance con- tracts. He further stated in his memorandum that a city may re- scind the requirement for payment of prevailing wages on projects that have no federal or state funds. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly, that the report on payment of prevailing rates of wages on landscape maintenance contracts, financed through assess- ment district proceedings, be accepted and filed. The motion carried by the following vote: Ayes: Members Castaneda, Reilly, Hernandez, Olliel, Frazier, Noes: Council Member Marks. Absent: None. Council Strickler. MOBILE HOME PARK AD HOC COMMITTEE REPORT - CONTINUED FROM JULY 5, 1983 This is the time and place continued to for a report the Mobile Home Park Ad Hoc Committee. from (15) Council Member Quiel, Chairman of the Mobile Home Park Ad Hoc Committee, presented the Mobile Home Park Committee report dated June 30, 1983. He stated that the Committee urges the Council to direct the Superintendent of Building and Safety to institute an immediate inspection of each mobile home park within the City to insure compliance with existing codes and ordinances. The Committee also proposed that the Council direct the City At- torney to prepare an ordinance requiring an annual inspection of mobile home parks within the City by the Department of Building and Safety and that the City Attorney return the proposed ordi- nance to the Council for consideration not later than August 15, 1983. - 4 - 7/18/83 The Chairman of the Mobile Home Park Ad Hoc Committee stated that the Committee recommended against implementing a moratorium on mobile home park rents or approving a rent control ordinance for mobile home parks. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly, that the proposed rent control ordinance, including a proposed moratorium on mobile home park rents, be denied. Mr. Jack Kaplan of Rancho Meridian Mobile Home Estates, 2686 West Mill Street, urged the Council to adopt a moratorium ordi- nance. Attorney John Tindall, Star Route 89, Forest Falls, Califor- nia, stated that he is the San Bernardino Citizens for Fair Rent Chairperson and urged the Council to place a measure on the ballot or pass an ordinance to institute rent control. Mayor Holcomb stated that in his opinion, rental increases beyond the consumer price index would be prima facie evidence of rent gouging and suggested that the proposed ordinance be con- tinued for 30 days to ask the mobile home park owners to agree that they will not go beyond the cost of living on rent increases without first coming to the Council. Mr. Harold Anderson who has been the owner of Arrow Lane Mobile Home Park at 2640 West Rialto Avenue since 1964, explained why he felt that limiting rent increases to the consumer price in- dex was not fair. Mr. John Stubblefield, owner of Mountain Shadows Mobile Home Community at 4040 East piedmont Drive, stated that at one time, cost of rent increases based on cost of living had been rejected by all tenants when at that time the consumer price index was increasing rapidly. Now the situation is reversed. It would, therefore, be unfair to hold increases down to the consumer price index level. Mr. Richard Taylor of Vogue Mobile Home Park, 24696 Second Street, spoke in favor of a rent moratorium. Mr. Jerry Jacobson, co-owner of Acacia Villa Mobile Home Park. 2865 West Rialto Avenue, spoke. Mr. Williams, owner of Rancho Meridian Mobile Home Park, 2686 West Mill Street, explained that rent control would have the most negative effect on those who have voluntarily kept their rental rates low. Council Member Marks made a substitute motion, seconded by Council Member Hernandez, that the proposed ordinance be con- tinued to August 1, 1983 and the City Attorney be requested to present the Council with all viable legal alternatives on the question of assuring fair rents. The motion carried by the following vote: Ayes: Members Castaneda, Hernandez, Marks, Frazier. Noes: Members Reilly, Quiel, Strickler. Absent: None. Council Council Council Member Quiel made a motion, seconded by Council Mem- ber Marks and unanimously carried, to direct the Superintendent of Building and Safety to report back to the Common Council with a cost analysis on the cost of annual inspections of all mobile home parks in the City of San Bernardino for compliance with existing codes and ordinances. Council Member Hernandez made a motion, seconded Member Quiel and unanimously carried, to instruct the dent of Building and Safety to address the inspection Mobile Home Park immediately. by Council Superinten- of Vogue - 5 - 7/18/83 . STREET LIGHT INSTALLATION - EDGEMONT DRIVE, BETWEEN MIRAMONTE DRIVE AND GRANDE VISTA DRIVE Roger Hardgrave, Director of Public Works/City Engineer, recommended in a memorandum dated July 8, 1983, that the instal- lation of a mid-block street light between 1261 and 1265 Edgemont Drive, be authorized. (17) Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the installation of a street light between 1261 and 1265 Edgemont Drive (south side) be authorized; and the Electrical Superintendent directed to make the necessary arrangements with the Southern California Edison Company. STREET CLOSURE - CENTRAL AVENUE, BETWEEN WATERMAN AVENUE AND TIPPECANOE - SEPTEMBER 9, 1983 - MAGIC WHEELS, INC. Pursuant to the recommendation of the Chief of Police, Coun- cil Member Quiel made a motion, seconded by Council Member Castaneda and unanimously carried, that the application to close Central Avenue, between Waterman Avenue and Tippecanoe, on Satur- day, September 9, 1983, from 8:00 a.m. to 6:00 p.m., be approved subject to the following conditions: (18) 1. The applicant has provided documentation that all residents of the affected area do not object to the proposed activity. 2. The applicant provide monitors at all intersec- tions to assure safety control for spectators and participants. 3. The applicant arrange for barricades to all in- tersections affected. 4. The applicant indemnify the City against all potential claims which might result from the proposed activity. 5. The applicant to agree to cease all activity upon notification of any pOlice problem which arises because of the proposed activity. WAYS AND MEANS COMMITTEE REPORT - ADMISSIONS TAX ORDINANCE - CASA RAMONA DROP-IN SERVICES Council Member Castaneda, Chairman of the Ways and Means Committee, presented the report from the Ways and Means Committee dated July 11, 1983. He stated that the Committee discussed the proposed admissions tax ordinance and expressed displeasure with the wording and instructed the City Attorney, in concert with the City Clerk, to revise the wording of the proposed ordinance. He further stated that a follow-up meeting of the Ways and Means Committee will be scheduled in the near future for review of the revised proposed ordinance. (19) Council Member Quie1 made a motion, seconded by Council Mem- ber Marks and unanimously carried, that staff be directed to meet with Casa Ramona for the purpose of providing drop-in ser- vices. LEGISLATIVE REVIEW COMMITTEE REPORT - CONSOLIDATION OF CITY ELECTIONS - MT. SHADOWS COMMUNITY TELEVISION COMPANY FRANCHISE - DINE AND DANCE PERMIT APPROVAL, ORDINANCE AMENDMENT - RESIDENCY REQUIREMENTS IN PUBLIC WORKS CONTRACTS Council Member Quiel, Acting Chairman of the Legislative Review Committee, presented the Legislative Review Committee re- port dated July 7, 1983. The following items were discussed at the Legislative Review Committee meeting: (20) - 6 - 7/18/83 Consolidation of City elections with state-wide primary elections held in June and general elections held in November was discussed by the Legislative Review Com- mittee. The Committee recommended that this be con- tinued to July 28, 1983 for information regarding the time required prior to placing measures on the ballots. A franchise for Mountain Shadows Community TV Inc. was discussed by the Legislative Review Committee. The Committee referred the proposed ordinance granting a non-exclusive franchise to Mountain Shadows Community TV Inc. to the Administrative Office for revision and then for review by the Community Television Commission. A proposed ordinance amendment pertaining to live en- tertainment in dine and dance clubs was discussed by the Legislative Review Committee. The Committee recom- mended that the proposed ordinance be approved. The Legislative Review Committee discussed inclusion of percentage residency requirements in all public works contracts. The Committee recommended that the City Attorney research this matter and return the re- port to the Committee in September. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the report from the Legislative Review Committee be filed. PUBLIC WORKS CONTRACTS - INCLUSION OF PERCENTAGE OF RESIDENCY REQUIREMENT The Mayor and Common Council discussed a proposed residency requirement for all public works contracts. Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, to instruct the City Attorney on a first priority basis, to prepare legal research on the pro- posed 50% residency requirement for public works projects and to submit the research to the Legislative Review Committee as soon as possible. TRAFFIC CONTROL INSTALLATION - "E" STREET, NORTH OF MARSHALL BOULEVARD In a memorandum dated July 13, 1983, Council Member Quiel stated that residents along "E" Street, north of Marshall Boule- vard have reported numerous vehicle accidents in this area and requested that a traffic signal or stop sign be installed on "E" Street north of Marshall Boulevard to control speeding motorists. (21) Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the Traffic Engineer be instructed to complete an emergency study and survey of vehicle traffic on "E" Street, between Marshall Boulevard and Kendall Drive, and present his findings - historical and current - to the Traffic Committee for review and recommendations to the Mayor and Council at the earliest possible date. CURB AND GUTTER INSTALLATION - TERRACE ROAD, FROM SIXTH STREET TO ETIWANDA AVENUE - CONTINUED FROM JULY 5, 1983 This is the time and place continued to for a recommendation from the Director of Public Works/City Engineer that a transfer of $39,629 be approved in order to provide necessary supplemental funding for installation of curb and gutter and fill-in paving on Terrace Road (west side) from sixth Street to Etiwanda Avenue. (16) - 7 - 7/18/83 Roger Hardgrave, Director of Public Works/City Engineer, was present to answer questions. He stated that a major washout caused the erosion of Terrace Road from Sixth Street to Etiwanda and that repair by way of the construction of a berm was originally proposed. However, the property owners, after being informed that curbs and gutters might be installed, agreed to pay the costs of materials for the installation of the curbs and gutters resulting in increased cost to the City. The Mayor and Common Council discussed the source of funding for the additional $39,629 required for the project. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that the transfer of $39,629 from Account No. 42-510-456 (Grade Crossing - Meridian and AT & SF), to Terrace Road (west side), from Sixth Street to Etiwanda Avenue, be ap- proved. Roger Hardgrave, Public Works Director/City Engineer, an- swered questions regarding the Meridian Avenue grade crossing stating that it would become a high priority when the area is developed but it is not a high priority at this time. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. COUNCIL MEMBER CASTANEDA EXCUSED Council Member Castaneda was excused from the Council Meet- ing. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/ Redevelopment Agency was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Ber- nardino, California. JOINT PUBLIC HEARING - SALE OF AGENCY PROPERTY - SOUTH SIDE OF RIALTO AVENUE, BETWEEN "F" AND "G" STREETS - CENTRAL CITY SOUTH PROJECT AREA - CONTINUED FROM FEBRUARY 21, 1983 This is the time and place continued to for a joint public hearing for the sale of Agency owned property located on the south side of Rialto Avenue, between "F" and "G" Streets, to Greyhound Corporation. (R2) Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, that the public hearing be tabled. RES. 83-230 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO STANDARD AGREEMENT NO. 80-RHC-003, DATED MAY 6, 1981, WITH THE STATE DEPARTMENT OF HOUSING AND COM- MUNITY DEVELOPMENT. (Dorjil project) (R3) The City Clerk read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived. COUNCIL MEMBER CASTANEDA RETURNED Council Member Castaneda returned to the Council Meeting and took his place at the Council Table. Gary Van Osdel, Executive Director of the Redevelopment Agency, answered questions regarding the location of the assisted units. - 8 - 7/18/83 . , Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 83-230 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-231 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A GRANT DEED CON- VEYING CERTAIN SURPLUS PROPERTY LYING WEST OF DEL ROSA AVENUE BETWEEN SIXTH STREET AND BASE LINE AVE- NUE TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. (R6) 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. The Executive Director of the Redevelopment Agency answered questions regarding the property, stating that a mobile home park or a mobile home park subdivision could be developed and that revenue bond financing could be considered. Resolution No. 83-231 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. LYTLE CREEK HOUSING DEVELOPMENT - MANUFACTURER In a memorandum dated July 13, 1983, Gary Van Osdel, Execu- tive Director of the Redevelopment Agency, recommended that Hall- mark, Inc. be approved as the manufacturer to be used in the Lytle Creek Housing Development. (R7) Council Member Castaneda made a motion, seconded by Council Member Marks and unanimously carried, that Hallmark, Inc. be ap- proved as the manufacturer of the housing units for the Lytle Creek Housing Development. RES. 83-232 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO CONTRACT WITH THE COMMUNITY DEVELOPMENT COMMISSION FOR PROFESSIONAL SERVICES BY THE PLANNING DEPART- MENT. (Uptown Redevelopment Project) (R9) The City Clerk read the title of the resolution. Council Member Quiel stated he would abstain from voting on this resolution as he owns property in the uptown Project Area. Council Member Reilly made a motion, seconded by Council Member Castaneda, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-232 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Quiel. UPTOWN CITIZENS ADVISORY COMMITTEE FORMATION The Executive Director of the Redevelopment Agency requested in a memorandum that the formation of an Uptown citizens Advisory Committee be considered to work with the Redevelopment Agency staff and City Planning Department in the formation of the bounda- ries and plan and report for the proposed Uptown Redevelopment Project Area. (RIO) - 9 - 7/18/83 The Mayor and Common Council discussed the appointment of members to the advisory committee. Council Member Quiel stated he would abstain from voting on this item as he owns property in the area. Council Member Strickler made a motion, seconded by Council Member Castaneda, that the formation of the uptown Citizens Ad- visory Committee be authorized and that membership recommendations from the First, Second, Fifth and Seventh. Wards be made. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Quiel. SET PUBLIC HEARING - URBAN DEVELOPMENT ACTION GRANT APPLICATION SUBMISSION - ROGERS BINDERY INC. - STATE COLLEGE REDEVELOPMENT PROJECT AREA The Community Development Commission/Redevelopment Agency recommended that a public hearing be set to consider submission of an Urban Development Action Grant Application for the proposed Rogers Bindery Inc. project in the State College Redevelopment Project Area. (R12) Council Member Strickler stated that he would abstain from voting on this item as there might be a possible conflict of in- terest due to a client relationship. Mayor Holcomb urged the Council to require the developer to pay the costs of staff time involved in processing a UDAG grant application. Gary Van Osdel, Executive Director of the Redevelopment Agency, answered questions regarding the costs involved in pro- cessing an application. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda, that a public hearing be held on Monday, August I, 1983, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to consider submis- sion of an Urban Development Action Grant (UDAG) application for the proposed Rogers Bindery Project and to instruct the Redevelop- ment Agency to present at the hearing, a costs analysis of what the City can anticipate in the way of expenses for processing the application. The motion carried by Members Castaneda, Reilly, Member Hernandez. Absent: Strickler. the following vote: Ayes: Council Marks, Quiel, Frazier. Noes: Council None. Abstain: Council Member COUNCIL MEMBER MARKS EXCUSED Council Member Marks was excused from the Council Meeting. PUBLIC NUISANCE ABATEMENT - S & S MEAT PRODUCTS COMPANY - 1389 WEST MILL STREET Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that Supplemental Agenda Item 5 pertaining to the abatement of a public nuisance arising from nauseous odors fromS & S Meat Products Company at 1389 West Mill Street, be taken out of order. (S5) COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. - 10 - 7/18/83 Council Member Hernandez recommended in a memorandum dated June 13, 1983, that the business operating at 1389 West Mill Street, which processes meat and bone scraps, be abated of the nauseous odors. Council Member Hernandez made a motion, seconded by Council Member Castaneda, that the Superintendent of Building and Safety, in concert with the City Attorney, "close" the business immediately as an "urgent public nuisance" under existing City Municipal Code. City Attorney Prince stated that in his judgement, this motion would deny due process of law. Council Member Hernandez made a substitute motion, seconded by Council Member Frazier, to instruct the Superintendent of Building and Safety to investigate the matter of nauseous odors and if he determines there are grounds for abatement, to report back to the Council immediately. Council Member Marks made a substitute motion, seconded by Council Member Quiel and unanimously carried, that the matter be continued until the afternoon session. RECESS MEETING At 12:15 p.m., the meeting recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. RECONVENE MEETING At 2:02 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. PUBLIC NUISANCE ABATEMENT - S & S MEAT PRODUCTS COMPANY - 1389 WEST MILL STREET - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for discussion on the abatement of a public nuisance arising from nauseous odors from S & S Meat Products Company at 1389 West Mill Street. (S5) Mr. Jim Sherratt of 12192 Country Club Lane, Grand Terrace, the owner of S & S Meat Products Company, explained what has been done to reduce odors. Mayor Holcomb suggested the relocation of the facility. Mr. Sherratt agreed to relocate but stated that they would need two-and-a-half to three acres. Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that this item be continued to the next regularly scheduled Council Meeting (August 1, 1983) and instruct the City Attorney and the City Administrator to investi- gate the company and make recommendations to the Mayor and Common Council, and that the Council go on record and strongly urge the owner of the facility to proceed with all due haste and try to correct the problem within the two week period. INCREASE IN OCCUPANCY TAX - HOTEL OWNER/OPERATORS A request has been received from hotel owners/operators for discussion on the proposal to increase occupancy tax. (Sl) Mr. Ray Sharp, President of San Bernardino Area Chamber of Commerce, stated that the City should not have an occupancy tax rate higher than that of its competitors. - n- 7/18/83 Mr. Allen Forsythe from San Antonio, Texas, a representative of La Quinta Motor Inns, explained the impact that the ten per- cent transient occupancy tax would have on La Quinta's revenue. Ms. Kathy Wagner, Market Director of San Bernardino Hilton, stated that their main competition is the Red Lion in ontario and that the ten percent transient occupancy tax, which is two percent higher than Ontario's tax, would create a ten percent loss of the Hilton's business to the Red Lion. Council Member Quiel made a motion to reduce the City of San Bernardino's transient occupancy tax to eight percent and complete a study to be brought back to the Council in 60 days to see if in fact by raising transient occupancy tax to ten percent, there will be a significant impact on hotels and motels operated in the community. Warren Knudson, Finance Director, stated that a reduction in transient occupancy tax from ten percent to eight percent would cost the City $170,000 over a twelve month period. The owner of the Super 8 Motel spoke in opposition to the ten percent transient occupancy tax. Council Member Quiel withdrew his motion and made the follow- ing substitute motion, seconded by Council Member Strickler, that the issue of transient occupancy tax be continued to an adjourned regular Council meeting to be held during the next two weeks. Don Morganstein, controller for the San Bernardino Hilton, answered questions regarding the length of time the Hilton would need to notify its offices of a change in the amount of transient occupancy tax. The motion carried by the following vote: Ayes: Council Members Reilly, Quiel, Frazier, Strickler. Noes: Council Mem- bers Castaneda, Hernandez, Marks. Absent: None. COUNCIL MEMBER CASTANEDA EXCUSED Council Member Castaneda was excused from the Council Meeting. Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the adjourned regular Council meeting be held on Tuesday, July 26, 1983, at 9:30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER CASTANEDA RETURNED Council Member Castaneda returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier was excused from the Council Meeting. WAIVE READINGS - RESOLUTIONS The City Clerk read the title of all the resolutions on the agenda. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of all the resolutions on the agenda be waived. RES. 83-233 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT 12034 LOCATED BETWEEN WATERMAN AVENUE AND TIPPECANOE AVENUE AND NORTH OF 1-10 FREEWAY; ACCEPTING THE PUB- LIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AU- THORIZING EXECUTION OF AN AGREEMENT FOR THE IMPROVE- MENTS IN SAID SUBDIVISION. (Park Centre Properties) (23) - 12 - 7/18/83 Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. Resolution No. 83-233 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. RES. 83-234 - A RESOLUTION OF THE CITY OF SAN BERNAR- DINO CONFIRMING ASSESSMENT ROLL NO. 952 FOR THE IM- PROVEMENT AND MAINTENANCE OF PORTIONS OF STATE COL- LEGE PARKWAY, COLLEGE AVENUE, KENDALL DRIVE, NORTH- PARK BOULEVARD, LITTLE MOUNTAIN DRIVE AND 48TH STREET, IN THE CITY OF SAN BERNARDINO, AND APPROVING ASSESS- MENT DIAGRAM MAP NO. 952. (24) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. Resolution No. 83-234 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. RES. 83-235 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING .TO THE RESUR- FACING OF LYNWOOD DRIVE, FROM CEDAR STREET TO DEL ROSA AVENUE. (25) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. Resolution No. 83-235 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. RES. 83-236 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 12130 LOCATED NORTHEASTERLY OF THE 1-215 FREE- WAY, NORTH AND SOUTH OF THE EXTENSION OF COLLEGE AVENUE AND EAST OF STATE COLLEGE PARKWAY; ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE IMPROVEMENT IN SAID SUBDIVISION. (Davidon Homes) (26) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. Resolution No. 83-236 was adopted by the following vote: Ayes: Council Members Castaneda, Reil+y, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meeting and took his place at the Council Table. RES. 83-237 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 8234 ENTITLED IN PART "A RESOLUTION. . .ESTABLISHING PARKING TIME LIMITA- TIONS UPON CERTAIN DESIGNATED 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 PREF- ERENTAL PERMIT PARKING FOR AREA RESIDENTS, EXEMPT- ING THEM FROM THIS PARKING RESTRICTION; AND PROVID- ING FOR A FEE FOR THE ISSUANCE OF PARKING STICKERS. (Continued from July 5, 1983) (22) City Attorney Prince answered questions regarding a $7.00 permit fee for residents and explained that it is legal to charge the fee which is for processing a parking permit. - 13 - 7/18/83 Council Member Hernandez made a motion, seconded by Council Member Castaneda, that said resolution be adopted. Resolution No. 83-237 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-238 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 10650 LOCATED APPROXIMATELY 2,000 FEET WEST OF THE CENTERLINE OF STATE COLLEGE PARKWAY AND EAST OF DEVILS CREEK DIVERSION CHANNEL; ACCEPTING THE PUB- LIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AU- THORIZING EXECUTION OF AN AGREEMENT FOR THE IMPROVE- MENT IN SAID SUBDIVISION. (Kendall Associates, Ltd). (27) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. Resolution No. 83-238 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-239 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 11770 LOCATED AT THE NORTHERLY TERMINUS OF ACACIA AVENUE AND WEST SIDE OF "E" STREET; ACCEPT- ING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION. (Webuild, Inc.) (28) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. Resolution No. 83-239 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-240 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROP- ERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF A PUBLIC NUISANCE. (525 East Rialto Avenue, 2338 North Sepulveda Ave- nue, 5505 Stoddard Avenue, 4418 North Stoddard, 1347 West Goodlett) (29) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. Resolution No. 83-240 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-241 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 82-323 ENTITLED IN PART "RESOLUTION. . .PROVIDING NOTICE OF THE TIMES, DATES AND PLACES OF REGULAR MEETINGS OF THE VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES. . ." TO CHANGE THE TIME THAT THE CIVIL SERVICE BOARD MEETS FROM 9:00 A.M. TO 7:30 A.M. (30) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. Resolution No. 83-241 was adopted by the following vote: Ayes: council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. - 14 - 7/18/83 RES. 83-242 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE POLICE DEPARTMENT. (31) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. Resolution No. 83-242 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 Strickler 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 AMENDING SECTION 3.64.100 SUBSECTION C AND SECTION 5.04.075 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE ADDITIONAL PENALTIES FOR LATE PAYMENT OF DOWNTOWN PARKING TAX AND BUSINESS LICENSES, INCLUDING NEW LICENSES. FIRST (32) Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO LIVE ENTERTAINMENT TO INCLUDE PROVI- SIONS FORMERLY WITHIN CHAPTER 5.08 CONCERNING DINE AND DANCE CLUBS, AND TO AMEND SECTIONS CONCERNING APPLICATION AND FEES FOR LICENSE, SUSPENSION OF LICENSE, APPEAL OF DECISION OF CHIEF OF POLICE, SPECIAL OFFICER REQUIREMENTS, AND REPEALING CHAPTER 5.08 OF THE SAN BERNARDINO MUNICIPAL CODE. FIRST (33) 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-289 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING SECTIONS 19.60.060 AND 19.60.070 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR ABATEMENT BY REMOVAL OR CLEANING OF AREA FOR SIGNS OBSCURED BY WEEDS, LITTER OR DEBRIS. FINAL (34 ) Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda, that said ordinance be adopted. Ordinance MC-289 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ORD. MC-290 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNAR- DINO MUNICIPAL CODE (PETITION NO. 83-11, AN IRREGU- LARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXI- MATELY 40,000 SQUARE FEET HAVING A FRONTAGE OF AP- PROXIMATELY 100 FEET ON THE EAST SIDE OF "D" STREET AND BEING LOCATED APPROXIMATELY 175 FEET NORTH OF THE CENTERLINE OF MAGNOLIA STREET AND FURTHER DES- CRIBED AS 1515 NORTH "D" STREET). - 15 - 7/18/83 FINAL (35) council Member Quiel made a motion, seconded by Council Mem- ber Castaneda, that said ordinance be adopted. Ordinance MC-290 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ORD. MC-29l - ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING SECTION 13.08.055 OF THE SAN BERNAR- DINO MUNICIPAL CODE TO ADD PARAGRAPH C EXEMPTING CERTAIN AREAS FROM PORTIONS OF THE SEWER CONNECTION FEE. FINAL (37) Council Member Quiel made a motion, seconded by Council Mem- ber Marks, that said ordinance be adopted. Ordinance MC-29l was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. COUNCIL MEMBERS CASTANEDA, MARKS AND QUIEL EXCUSED Council Members Castaneda, Marks and Quiel were excused from the Council Meeting. GENERAL REPORTS AND CORRESPONDENCE Council Member Reilly made a motion, Member Strickler and unanimously carried, items be filed: seconded by Council that the following (38) a. Notice of amendment to Application No. 83-01-22 and No. 82-11-07 from Pacific Telephone and Tele- graph Company relating to an increase in rates. b. Notice from General Telephone Company of Califor- nia concerning Application No. 83-07-02, pertain- ing to an increase in rates. c. Five alcoholic beverage control applications for the following new and transferred licenses: N~ Vernette L. Mitchell dba Roaring 20's Family Pizza Parlor 122 West 40th Street On Sale Beer & Wine Imad and Saeda Rashid dba Discount Market 971 West Rialto Avenue Off Sale Beer & Wine Transferred Sambo's Restaurants, Inc. dba Season's Friendly Eating Place 702 East High- land Avenue On Sale Beer & Wine Bonnie Lee Cullen dba Valley Girl 940 East Base Line On Sale Beer & Wine Ronald M. Barnard and 1557 North Mt. Richard E. & Ruth A. Vernon Avenue Burk dba The Velvet Lounge On Sale General COUNCIL MEMBERS CASTANEDA, MARKS AND QUIEL RETURNED Council Members Castaneda, Marks and Quiel returned to the Council Meeting and took their place at the Council Table. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez was excused from the Council Meeting. - 16 - 7/18/83 STREET CLOSURE - SIXTH STREET AND ARROWHEAD AVENUE, COURT STREET AND ARROWHEAD AVENUE, AND FOURTH AND "D" STREETS - AUGUST 6, 1983 - COUNTY CIVIC CENTER DEDICATION CEREMONY Pursuant to the recommendation of the Chief of POlice, Coun- cil Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the application of Harley Gatlin, Masonic Grand Lodge, relative to the closure of streets for east- bound traffic at Sixth Street and Arrowhead Avenue, Court Street and Arrowhead Avenue and Fourth and "D" Streets, from 10:00 a.m. to 12:15 p.m., on August 6, 1983, for the new County Civic Center dedication ceremony, be approved. (S2) COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. STREET IMPROVEMENT PRIORITY LIST Roger Hardgrave, Director of Public Works/City Engineer, recommended in a memorandum dated July 8, 1983, that the proposed street improvement priority list for resurfacing streets during the 1983-84 fiscal year be approved and requested authorization to proceed with the necessary processing to have the work done by contract or by City forces. (S3) Council Member Castaneda made a motion, seconded by Council Member Quiel and unanimously carried, that the Street Improvement Priority List, dated July 8, 1983, be approved; and the Director of Public Works/City Engineer and Public Services Superintendent be authorized to proceed with the necessary processing. NEW LIBRARY CONSTRUCTION - PIONEER PARK - GREGORY VILLANUEVA, A.I.A. AND ASSOCIATES A letter dated July 12, 1983 was received from Gregory Villanueva, President of Gregory Villanueva A.I.A. & Associates, Inc., stating that the City of San Bernardino should not delay the construction of the new central library any longer as costs are escalating. (S4) Mr. Gregory Villanueva was present to answer questions re- garding the recommendations to proceed with the architectural contract for the library. Council Member Castaneda made a motion, seconded by Council Member Quiel and unanimously carried, to continue this as a Com- munity Development Commission/Redevelopment Agency matter for the Council meeting to be held on Tuesday, July 26, 1983, at 9:30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. FINE ARTS FINANCIAL SUPPORT In a memorandum dated July 14, 1983, requested that the City allocate $100,000 of Fine Arts in San Bernardino. Council Member Marks for financial support (S7) Mr. Edward O'Neal of 22608 Winona, Grand Terrace, California, a representative of the Inland Empire Symphony Association, spoke regarding costs of operating the symphony and how fund raising was conducted. Mr. Frank Plash, also representing the Symphony Associa- tion, spoke. The Mayor and Common Council discussed knowing how much is available in the budget the State has not finalized its budget. problems with not due to the fact that - 17 - 7/18/83 Council Member Marks made a motion, seconded by Council Mem- ber Quiel, that the Council agree in principle to fund to a sig- nificant level, Fine Arts in the City of San Bernardino in fiscal year 1983/84; that the Ways and Means Committee be directed to find the sources of support and determine the financial needs of the Fine Arts Program and to recommend a prioritized funding Fine Arts needs list with concomitant financial support of the Fine Arts in San Bernardino fiscal year 1983-84. Mayor Holcomb recommended that the matter be continued to Tuesday, July 26, 1983, due to the lack of information from the State concerning the State's budget. COUNCIL MEMBER CASTANEDA EXCUSED Council Member Castaneda was excused from the Council Meetin~. Council Member Marks made a motion, seconded by Council Mem- ber Quiel, to move the previous question. The motion carried by the following vote: Ayes: Council Members Hernandez, Marks, Quiel, Frazier, Strickler. Noes: Council Member Reilly, Absent: Council Member Castaneda. COUNCIL MEMBER CASTANEDA RETURNED Council Member Castaneda returned to the Council Meeting and took his place at the Council Table. The motion on the previous question by Council Member Marks, seconded by Council Member Quiel carried by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: Council Member Castaneda. Absent: None. 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 (36, S8) City Administrator Matzer stated that the staffing plan for the Human Services and Park and Recreation Departments will come back in resolution form at the next Council meeting. The Mayor and Common Council discussed the appointment of a Human Services Advisory Commission and whether the Park and Rec- reation Commission should absorb the duties of the Human Services Commission which is now in operation. Lorraine Velarde, Administrative Assistant to the Mayor, stated that there are vacancies on both commissions and a lot of absenteeism. Council Member Marks made a motion, seconded by Council Mem- ber Quiel, to instruct the City Attorney to prepare an ordinance for the creation of a Human Services Advisory Commission for pre- sentation to the Council, that the ordinance on the agenda be amended appropriately and put in final reading form, and that the City Attorney be directed to create a provision in the ordinance which would allow each Council Member and Mayor to appoint their representative on the Park and Recreation Commission to the newly formed Human Services Advisory Commission. The motion carried by the following vote: Ayes: Members Castaneda, Marks, Quiel, Frazier, Strickler. Council Members Reilly, Hernandez. Absent: None. Council Noes: COUNCIL MEMBER CASTANEDA EXCUSED Council Member Castaneda was excused from the Council Meeting. - 18 - 7/18/83 Council Member Olliel made a motion, seconded by Council Mem- ber Marks and unanimously carried, that the first reading of the ordinance be waived and said ordinance be laid over for final passage. AUCTIONS BUSINESS LICENSE AMENDMENT John Matzer, City Administrator, requested in a memorandum dated July 15, 1983, that the Mayor and Common Council consider a revision of the business license tax for auctions. The City Ad- ministrator stated in his memorandum that Mr. Jerry Landry of Interstate Auction, has requested a reduction in the $500.00 annual business license tax for auctions because the State has undertaken statewide licensing of auctioneers and will impose a fee on such auctioneers for the first time. (S9) Mr. Jerry Landry, owner of Interstate Auction at 698 South "I" Street, explained why he was requesting a reduction in his license rate and asked the Council for more enforcement on auc- tioneers coming in from other cities. The City Clerk answered questions regarding current code provisions regarding auctioneers. Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the appeal be denied. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, to refer the licensing of auctioneers to the Legislative Review Committee for study. ORD. MC-292 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING CHAPTERS 19.08, 19.10, 19.12, 19.14, 19.16 AND 19.18 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE THAT RESIDENTIALLY ZONED PROPERTY SHALL NOT BE DEVELOPED TO PROVIDE VEHICULAR ACCESS TO NON-RESIDENTIALLY ZONED PARCELS. FINAL (SlO) The City Clerk read the title of the ordinance. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly, that the final reading of the ordinance be waived and said ordinance be adopted. Ordinance MC-292 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Castaneda. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez was excused from the Council Meet- ing. RESOLUTION OF COMMENDATION - MATICH A resolution of commendation was presented for Martin Matich for his exemplary service in leadership positions within the Boy Scouts of America and the total life of the Community. Council Member Marks made a motimn, seconded by Council Mem- ber Strickler and unanimously carried, that the resolution be ap- proved. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. ORDINANCE OF~THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.140 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE THAT ANY DOG REPEATEDLY FOUND RUN- NING AT LARGE AND IMPOUNDED SHALL BE DESTROYED AFTER NOTICE AND HEARING. (First reading) - 19 - 7/18/83 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SEC- TION 6.24.145 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR REVOCATION OR SUSPENSION OF THE PRIV- ILEGE OF POSSESSING A DOG IN THE CITY, AND TO PRO- VIDE PENALTY FOR VIOLATION OF REVOCATION OR SUSPEN- SION ORDER. (First reading) The City Clerk read the titles of the ordinances. In a memorandum dated July 18, 1983, City Attorney Ralph Prince stated that his office was directed by the Mayor to pre- pare an ordinance to provide for destruction of any dog found running at large on three or more occasions. The City Attorney stated in his memorandum that his office does not recommend its adoption as it is unconstitutional and would subject the City to substantial liability. Mayor Holcomb explained the action that brought about this ordinance. Susan Dawson, representing the Humane Society of San Bernar- dino Valley, requested the Council to refer this matter to the Animal Control Commission for study. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, to continue the proposed ordinance on dog control to Tuesday, July 26, 1983, at 9:30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, that the Animal Control Commission be re- quested to hold a meeting this week to discuss the proposed or- dinance for a recommendation to the Council on July 26, 1983. Mayor Holcomb referred to the City Attorney's memorandum of July 18, 1983 and stated he would like to make it clear that he did not instruct the City Attorney to prepare any ordinance which would result in destruction of any dog. OMNITRANS BOARD OF DIRECTOR'S MEETING REPORT Council Member Marks made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the report on actions from the July 1983 Omnitrans Board of Director's meeting be con- tinued to Monday, August 1, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (S6) RECESS MEETING - CLOSED SESSION At 5:20 p.m., Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the Regular Meeting of the Mayor and Common Council of the City of San Bernardino recess for a Closed Session to discuss a personnel matter. 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. ADJOURN CLOSED SESSION At 5:42 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. - 20 - 7/18/83 ,------- I - RECONVENE MEETING At 5:42 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, Cali- fornia. 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. ADJOURN MEETING At 5:42 p.m., Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the meeting adjourn to Tuesday, July 26, 1983, at 9:30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Ber- nardino, California. City Clerk Approved the 1st of August, 1983. Mayor of the City of San Bernardino - 21 - 7/18/83