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Home My WebLink About11-07-1983 Minutes City of San Bernardino, California November 7, 1983 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb on Monday, November 7, 1983, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by the Reverend Elijah S. Singletary, Pastor of the New Life Missionary Baptist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Reilly. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler, Assistant City Attor- ney Briggs, City Clerk Clark, City Administrator Matzer. Absent: None. PROCLAMATION - SOLAR ENERGY DAY Lorraine Velarde, Administrative Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming Saturday, November 12, 1983, as Solar Energy Day. Mr. Tom Mulvihill, of KCAL, accepted the proclamation. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez was excused from the Council Meeting. PROCLAMATION - DIABETES MONTH Lorraine Velarde, Administrative Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming the month of November, 1983 as Diabetes Month in the City of San Bernardino. Mr. Ted Kagan, Field Director of the Inland Empire Chapter of the Diabetes Foundation accepted the proclamation. PROCLAMATION - VETERANS UNITY MONTH/SALUTE TO WOMEN VETERANS Lorraine Velarde, Administrative Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming November, 1983 as Veterans Unity Month/Salute to Women Veterans. Mr. Henry Mazzotte, District Commander, San Bernardino County American Legion, accepted the proclamation. PROCLAMATION - WINTER STORM PREPAREDNESS WEEK Lorraine Velarde, Administrative Assistant to the Mayor, read a proclamation of the Mayor of the City of San Bernardino proclaiming the week of November 13 through 19, 1983, as winter Storm preparedness Week. Jack Matzer, Director of Emergency Services, accepted the proclamation. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. APPROVE MINUTES - OCTOBER 24, 1983 Council Member Castaneda 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 day of October, 1983, as submitted in typewritten form. (1) 5 AND 10K RUN - 7:30 A.M. TO 12:30 P.M. - JANUARY 15, 1984 - UPTOWN FAMILY BRANCH YMCA Pursuant to the recommendation of the Chief of Police, Council Member Castaneda made a motion, seconded by Council Member Marks and unanimously carried, that the application of the YMCA Uptown Family Branch to conduct a 5 and 10K Run from 7:30 a.m. to 12:30 p.m., on January 15, 1984, be approved. (2) REPAIR OF FLOOD DAMAGE TO SHASTA DRIVE, EAST OF HEMLOCK DRIVE - FISHER'S GRADING AND EXCAVATING In a memorandum dated October 27, 1983, Roger G. Hardgrave, Director of Public Works/City Engineer, recommended that the re- pair of flood damage on Shasta Drive, east of Hemlock Drive, per- formed by the Contractor in accordance with Specification No. 6406, be approved and accepted; and that final payment be author- ized at the end of the lien period. (3) Council Member Castaneda made a motion, seconded by Council Member Marks and unanimously carried, that the work performed by the Contractor, in accordance with Specification No. 6406, be approved and accepted; and that final payment be authorized at the end of the lien period. COUNCIL PERSONNEL COMMITTEE REPORT Council Member Hernandez, Chairman of the Council Personnel Committee, presented the Council Personnel Committee report dated October 28, 1983. Items discussed at the Council Personnel Com- mittee meeting included requests to hire and establish eligibility list for the Park, Recreation, and Community Services Department; Personnel Actions for the Police Department, Park, Recreation and Community Services Department and Public Buildings; and an employee grievance from Willie Garrett. (See Page 19) (4) Council Member Castaneda made a motion, seconded by Council Member Marks and unanimously carried, that the report from the Council Personnel Committee be filed. CLAIMS AND PAYROLL Council Member Castaneda made a motion, seconded by Council Member Marks and unanimously carried, to approve demands against the City and authorize the issuance of warrants as follows: (5) 1. Approve the register of demands dated: September 20, 1982 September 27, 1982 *82/83 82/83 $631,962.73 382,159.05 2. Approve the total gross payroll for the period September 5, 1983, through September 18, 1983, in the amount of $911,399.80. 3. Approve a supplement to the total gross payroll for the period September 5, 1983, through September 18, 1983, in the amount of $ -0-. 4. Approve the total gross payroll for the period September 19, 1983, through October 3, 1983, in the amount of $926,855.99. 5. Approve a supplement to the total gross payroll for the period September 19, 1983, through October 2, 1983, in the amount of $ -0-. - 2 - 11/7/83 l 6. Approve the total gross payroll for the period October 3, 1983, through October 16, 1983, in the amount of $1,065,033.01. PERSONNEL ACTIONS Council Member Castaneda 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 approved and ratified as follows: (6} APPOINTMENTS City Clerk Cynthia E. Tuttle - Intermediate Typist Clerk Effective November 8, 1983 Parks, Recreation and Communit Services E ~t Voss - Sen~or Serv~ce A~ e Effective November 8, 1983 TEMPORARY APPOINTMENTS Parks, Recreation and Community Services Pamella L. Kiesel - Recreation Specialist Effective November 8, 1983 Fulton Lee - Recreation Leader Effective November 22, 1983 Tina Sanders - Recreation Aide Effective November 22, 1983 Police Department Dora P. Perez - Crossing Guard Effective October 31, 1983 Preston D. Terry - Crossing Guard Effective October 31, 1983 Public Buildings Jocelyn Bowen - Custodial Aide III Effective November 8, 1983 Ernest Gonzales - Custodial Aide III Effective November 8, 1983 Gary Jeffery - Custodial Aide III Effective November 8, 1983 Russell Johnson - Custodial Aide III Effective November 8, 1983 Dennis W. Krause - Security Officer Effective November 8, 1983 Roberto Lopez - Custodial Aide III Effective November 8, 1983 Lucious McGilberry - Custodial Aide III Effective November 8, 1983 Augustine Nkwocha - Custodial Aide III Effective November 8, 1983 Moreno Singletary - Custodial Aide III Effective November 8, 1983 Billy Tarkington - Custodial Aide III Effective November 8, 1983 - 3 - 11/7/83 PROMOTIONAL APPOINTMENTS Animal Control Department Tobe Collins- Animal Control Officer to Shelter Operations Manager - EffeCtive November 8, 1983 Police Department Dorothy Paul - Complaint Desk Coordinator to Police Assistant - Effective November 7, 1983 SBETA Cynthia D. Cervantes - Staff Analyst II to Staff Analyst III - Effective November 8, 1983 Regina Y. Miller - Staff Analyst II to Staff Analyst III - Effective November 8, 1983 Pauline E. Pieper - Staff Analyst II to Staff Analyst III - Effective November 8, 1983 HIGHER ACTING CLASSIFICATION Fire Department Manuel M. Castaneda - Equipment Mechanic Helper to Equipment Mechanic - Effective September 13, 1983 william J. Peterson - Equipment Mechanic to Equip- ment Mechanic Foreman - Effective September 13, 1983 Maria N. pierce - Fire Department Data Clerk to Secretary - Effective October 31, 1983 APPOINTMENTS - PROVISIONAL SBETA Paul N. Collette - Employment Intake Specialist - Effective November 8, 1983 PLANNING COMMISSION REPORT Frank Schuma, Planning Director, gave the Planning Report regarding the Planning Commission matters of the Meeting of Octo- ber 18, 1983. The following recommendations were made: (7) That the application for Change of Zone No. 83-20, C.J.A. Corporation, owner, City of San Bernardino, applicant, to change the land use zoning district from C-3A Limited General Commercial to PRD-14U Planned Residential Development at 14 dwelling units per acre for a rectangularly-shaped parcel of land consisting of approximately .85 acre, having a frontage of approximately 375 feet on the north side of Colton Avenue and being located ap- proximately 695 feet south of the intersecting centerline of Hillcrest Avenue and Colton Avenue, be recommended for approval. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, to approve the responses to comments and to adopt the Mitigated Negative Declaration for environmental review which has been reviewed and considered. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the recommendation of the planning Commission be approved and the City Attorney be directed to prepare the necessary amendment to the zoning ordinance. - 4 - 11/7/83 FIVE-YEAR CAPITAL IM~ROVEMENT ~ROGRAM A memorandum dated October 18, 1983, from the ~lanning Depart- ment to the ~lanning Commission, was received outlining procedures for the City's proposed capital improvement program and providing documents which represent capital improvement expenditures for the fiscal years of 1984 through 1988 and their funding sources. (8) It was requested that 40th Street between Acre Lane and Electric Avenue be included in the five-year capital improvement program. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried that the five-year capital im- provement program be referred to the Ways and Means Committee. ~RE~ARATION OF SUBSEQUENT ENVIRONMENTAL IM~ACT RE~ORT FOR COLONY VILLAGE DEVELO~MENT In a memorandum dated November 1, 1983, Frank A. Schuma, ~lanning Director, requested approval of resolutions for the preparation of a subsequent Environmental Impact Report for the Colony Village development. (9) (9a) RES. 83-358 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WESTEC SERVICES, INC. RELATING TO THE ~RE~ARATION OF A SUBSEQUENT ENVIRONMENTAL IM~ACT RE~ORT AFTER DE~OSIT OF NECESSARY FUNDS BY DEVELO~ER. The City Clerk read the title of the resolution. Council Member Castaneda made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-358 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-359 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DUNOCO DEVELO~MENT COR~ORATION RELATING TO A DE- ~OSIT OF EUNDS FOR PREPARATION OF A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT. The City Clerk read the title of the resolution. Council Member Castaneda made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-359 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. APPEAL HEARING - CONDITIONAL USE PERMIT NO. 83-33 - SOUTH SIDE OF HILLCREST AVENUE, NORTH SIDE OF COLTON AVENUE This is the time and place set for a hearing on the appeal filed by Kathryn Frost and Harry Kjellbert of 802 Mission Drive, and Arthur Romero of 870 South "J" Street, on the Planning Com- mission's decision of approval for Conditional Use Permit No. 83-33 which would allow a 95 unit condominium project on the south side of Hillcrest Avenue and on the north side of Colton Avenue, southwesterly of the intersecting centerline of Hill- crest Avenue and Colton Avenue. (10) Mayor Holcomb opened the hearing. - 5 - 11/7/83 Frank A. Schuma, Planning Director, stated that the developer is appealing the dedicated access route and requestin~ that he be allowed to substitute this with an emergency route. Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried to reject the findings of fact and the recommendation of the Planning Commission and to grant the appeal as specified. RECONSIDERATION OF PREVIOUS COUNCIL ACTION - CLOSURE OF ARROWHEAD AVENUE AT KENDALL DRIVE In a letter dated November 1, 1983, Mr. William H. Fairchild, owner of the Penguin Motel, requested that the matter of the closure of Arrowhead Avenue at Kendall Drive be reconsidered by the City Council. The street was closed by Council action on September 19, 1983. (11) Mr. Fairchild spoke regarding the Department of Transporta- tion Report on the closure of Arrowhead Avenue at Kendall Drive. He also read a police report regarding the use of Arrowhead Avenue during the rainy season, and presented accident statistics. According to Mr. Fairchild, the closure of this street has caused declining revenue and property value for his motel. Mr. Fairchild spoke of lack of notification to surrounding property owners and presented a petition of approximately 275 signatures in opposition to the street closure. Captain Bonanno of the San Bernardino Police Department, referred to a memorandum from the Department recommending that the street not be closed, as it is a main artery and is necessary for emergency access. He presented statistics showing that in the previous year there were 16 collisions at 36th and "E" Streets and two collisions at Arrowhead Avenue and Kendall Drive. Assistant City Attorney Briggs answered questions of the Council, stating that there is no notice requirement for the closure of the street. However, the Council must adopt the necessary resolution. Mayor Holcomb suggested the re-opening of the street and sending notification to surrounding property owners of a public hearing to consider permanent closure. Assistant City Attorney Briggs answered questions, stating that it is not necessary to advertise street closures. Council Member Castaneda made a motion, seconded by Council Member Hernandez, to re-open the street and to refer this issue back to the Traffic Safety Committee to hold an adequate public hearing. Dennis Delmar, 3720 Arrowhead Avenue, spoke regarding the method used in collecting signatures on the re-opening petition and showed the yellow page ad for the Penguin Motel which cites a location of 36th and "D" Streets. Council Member Marks made a substitute motion, seconded by Council Member Quiel, that the action of the Mayor and Common Council for the closure of Arrowhead Avenue at Kendall Drive be continued to November 21, 1983; that an ad hoc committee of three Council Members be established for holding a public hearing on November 15, 1983, at 7:30 p.m., in the Council Chambers, and that all concerned, including the Police Department, Fire Department, Traffic Department and Street Department, be in attendance. Mayor Holcomb appointed Council Members Strickler, Quiel and Marks to serve on the ad hoc committee. - 6 - 11/7/83 The substitute motion carried by Council Members Reilly, .Marks , Quiel , Council Members Castaneda, Hernandez. the following vote: Frazier, Strickler. Absent: None. Ayes: Noes: Assistant City Attorney Briggs recommended that a closing Arrowhead Avenue at Kendall Drive be adopted. and Common Council discussed the resolution. resolution The Mayor RES. 83-360 RESOLUTION OF THE CITY OF SAN BERNAR- DINO CLOSING ARROWHEAD AVENUE FROM KENDALL DRIVE TO A POINT FORTY FEET EAST OF "E" STREET AND FIND- ING THAT SAID PORTION OF ARROWHEAD AVENUE IS NO LONGER NEEDED FOR VEHICULAR TRAFFIC. The City Clerk read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried to waive further reading of the resolution. Council Member Strickler made a motion, seconded by Council Member Quiel that said resolution be adopted. Resolution No. 83-360 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: Council Member Castaneda. Absent: None. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez was excused from the Council Meeting. Council Member Strickler made a motion, seconded by Council Member Marks that the Planning staff be instructed to notify property owners in the surrounding area of the public hearing to be held on November 15, 1983, at 7:30 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and that notice of the public hearing be advertised in the news- paper. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None: Absent: Council Member Hernandez. PROTEST HEARING - VACATION OF GEORGIA BOULEVARD, BETWEEN SHENANDOAH AND SARATOGA WAY. This is the time and place set for a protest hearing on the vacation of Georgia Boulevard, between Shenandoah and Saratoga Way. (12) Mayor Holcomb opened the hearing. No protests have been received. Council Member Frazier made a motion, seconded by Council Mem- ber Quiel and unanimously carried that this matter be continued to Monday, November 21, 1983 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. PROTEST HEARING - UNDERGROUND UTILITY DISTRICT NO. 9 BETWEEN THIRD AND FIFTH STREET AND BETWEEN SIERRA WAY AND ARROWHEAD AVENUE This is the time and place set for a protest hearing on the establishment of Underground Utility District No.9, between Third and Fifth Streets and between Sierra Way and Arrowhead Avenue. (13) Mayor Holcomb opened the hearing. - 7 - 11/7/83 No protests were received. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried that the hearing be closed. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez was excused from the Council Meeting. RES. 83-361 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CREATING UNDERGROUND UTILITY DISTRlCT NO. 9 BETWEEN ARROW- HEAD AVENUE AND SIERRA WAY AND BETWEEN THIRD STREET AND FIFTH STREET AND SIERRA WAY AND A POINT 545 FEET SOUTH OF THIRD STREET. The City Clerk read the title of the resolution. Council Member Reilly made a motion, seconded by Council Mem- ber Frazier and unanimously carried that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-361 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Hernandez. PROTEST HEARING - UNDERGROUND UTILITY DISTRICT NO. 10, BETWEEN FIFTH AND SIXTH STREETS, AND BETWEEN SIERRA WAY AND BELLE STREET This is the time and place set for a protest hearing on the establishment of Underground Utility District No. 10, between Fifth and Sixth Streets, and between Sierra Way and Belle Street. (14) Mayor Holcomb opened the hearing. No protests were received. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. RES. 83-362 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CREATING UNDERGROUND UTILITY DISTRICT NO. 10 BETWEEN FIFTH STREET AND SIXTH STREET AND BETWEEN SIERRA WAY AND BELLE STREET. The City Clerk read the title of the resolution. Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried that the hearing be closed, that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 83-362 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. COUNCIL MEMBER MARKS EXCUSED Council Member Marks was excused from the Council Meeting. RECOMMENDATION FROM THE COUNCIL PERSONNEL COMMITTEE - INEQUITY WAGE ADJUSTMENTS CONTINUED FROM OCTOBER 24, 1983 This is the time and place continued to for a from the Council Personnel Committee on the matter wage adjustments. recommendation of inequity (16) - 8 - 11/7/83 Council Member Hernandez made a motion, seconded by Council Member Quiel, that this matter be continued to Monday, November 21, 1983 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Members Castaneda, Reilly, Hernandez, Quiel, Frazier, Noes: None. Absent: Council Member Marks. Council Strickler. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. PUBLIC HEARING - CONSIDER REVOCATION OF LIBERTY TV CABLE, INC. FRANCHISE - CONTINUED FROM JUNE 6, 1983 This is the time and place continued to for a public to consider the revocation of the franchise of Liberty TV Inc. hearing Cable, (17) Mayor Holcomb stated the Liberty TV Cable, Inc. case is still in litigation and recommended that the matter be continued. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that this matter be con- tinued to Monday, March 5, 1984 at 9:00 a.m., in the Council Cham- bers, 300 North "0" Street, San Bernardino, California. APPEAL HEARING - BOARD OF BUILDING COMMISSIONERS' RESOLUTION NO. 938 - ABATEMENT FOR 1230 WEST SECOND STREET - JESSE A. ORONOZ CONTINUED FROM OCTOBER 24, 1983 This is the time and place continued to for a hearing on the appeal filed by Jesse A. Oronoz on the Board of Building Commis- sioners' Resolution No. 938 ordering that the building located at 1230 West Second Street be boarded up. (15) Jack Rosebraugh, Superintendent of Building and Safety, stated that no improvements have been made to this property, and recom- mended that demolition be ordered. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly was excused from the Council Meeting. Council Member Frazier made a motion, seconded by Council Mem- ber Hernandez that the appeal be denied and that this matter be referred to the Community Development Commission for consideration of abatement under their program. The motion carried by the following vote: Ayes: Council Mem- bers Castaneda, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Reilly. PUBLIC HEARING - CONSIDER THE GRANTING OF A FRANCHISE TO MOUNTAIN SHADOWS CABLE TV SYS- TEMS, INC., A CORPORATION This is the time and place set for a public hearing to consider the granting of a franchise to Mountain Shadows Cable TV Systems, Inc., a corporation, to operate, maintain and extend a cable television system within the City. (17a) Mayor Holcomb opened the hearing. No protests have been received. - 9 - 11/7/83 Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda that the hearing be closed. The motion bers Castaneda, None. Absent: carried by the following Hernandez, Marks , Quiel , Council Member Reilly. vote: Ayes: Council Mem- Frazier, Strickler. Noes: ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING TO MOUNTAIN SHADOWS CABLE TV SYSTEMS, INC., A CORPORATION, A NONEXCLUSIVE FRANCHISE TO OPERATE, MAINTAIN, AND EXTEND A CABLE TELEVISION SYSTEM WITHIN THE CITY OF SAN BERNARDINO. (Final reading) Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez to waive final reading of the ordinance. The motion bers Castaneda, None. Absent: carried by the following vote: Ayes: Council Mem- Hernandez, Marks, Quiel, Frazier, Strickler. Noes: Council Member Reilly. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. Assistant City Attorney Briggs referred to an agreement of compromise which would provide for the collection of franchise taxes and utility taxes. The Mayor and Common Council discussed the collection of unpaid utility taxes. John Stubblefield of Mountain Shadows Cable TV Systems, Inc., stated that during the operation of the cable system and previous to the granting of the franchise, he had been advised by a former employee of the City Administrator's office that Mountain Shadows Cable TV System, Inc. should not collect utility taxes until the franchise issue was resolved. The Council discussed whether or not Mountain Shadows Cable TV Systems, Inc. should be allowed to collect unpaid utility taxes from customers. Assistant City Attorney Briggs referred to previous negotia- tions with Mountain Shadows Cable TV Systems, Inc., at which time it was agreed that the company would pay for the uncollected utility taxes. Deputy City Attorney Fenton answered questions, stating that there are no provisions in the Utility Tax Ordinance that would require service providers to pay for uncollected taxes. Council Member Marks made a motion, seconded by Council Mem- ber Quiel that the ordinance be amended to include a waiver of back utility taxes. The motion carried by the following vote: bers Castaneda, Reilly, Marks, Quiel, Frazier, Council Member Hernandez. Absent: None. Ayes: Council Mem- Strickler. Noes: RES. 83-363 RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT OF COMPROMISE AND SETTLEMENT WITH MOUNTAIN SHADOWS CABLE TV SYSTMES, INC. RELATING TO THE OPERATION OF A CABLE TV SYSTEM WITHIN THE BOUNDARIES OF THE CITY OF SAN BERNARDINO. The City Clerk read the title of the resolution. - 10 - 11/7/83 Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried to waive further reading of the resolution. Council Member Quiel made a motion, .seconded by Council Mem- ber Castaneda, that said resolution be adopted. Resolution No. 83-363 was adopted by the following Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Strickler. Noes: Council Member Hernandez. Absent: vote: Frazier, None. UNPAID UTILITY TAX - COLLECTION BY SERVICE PROVIDER The Mayor and Common Council discussed the present utility tax ordinance and the need for a provision that would place the responsibility of collecting taxes on the utility company, whereby the utility company would not be excused if it fails to collect the taxes. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, to amend the utility tax ordinance to place the responsibility on the utilities to pay for all utility taxes if they have not levied and collected the same. ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING TO MOUNTAIN SHADOWS CABLE TV SYSTEMS, INC., A CORPORATION, A NONEXCLUSIVE FRANCHISE TO OPERATE, MAINTAIN, AND EXTEND A CABLE TELEVISION SYSTEM WITHIN THE CITY OF SAN BERNARDINO. FIRST (51) The City Clerk stated that the ordinance scheduled for final reading had been modified to the degree that it would need a first reading. Assistant City Attorney Briggs and Deputy City Attorney Fen- ton presented the modified version of the ordinance. 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 the first reading of the ordinance be waived and said ordinance be laid over for final passage. HIGHLAND ANNEXATION Mr. Ed Jacobson, member of San Bernardino Area Chamber of Commerce, presented a letter dated November 4, 1983 from Ray Sharp, President of the San Bernardino Area Chamber of Commerce. In the letter Mr. Sharp states that "Larry Hendon, Executive Director of the Local Agency Formation Commission recently drafted two reports for the November 9 LAFC meeting, one favoring the continuation of a Highland City incorporation, the other denying incorporation and recommending a new direction of compromise and annexation to the City of San Bernardino. This latter alternative is supported by the Chamber of Commerce." Mr. Sharp points out that there are several groups who feel they have a "right to exist", and in this, the Chamber of Commerce agrees and recommends cooperation by all concerned. Mr. Sharp also refers to the "La Jolla Plan" which the City of San Diego has established to allow for community planning committees to advise the City Council, Planning Commission and other government agencies on community concerns. Mr. Sharp encouraged support of the LAFC staff report at the November 9th meeting to be held in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. - 11 - 11/7/83 Mayor Holcomb responded to the letter from the Chamber of Commerce. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, to endorse in principal the LAFCO staff report by Larry Hendon denying incorporation, as also endorsed by the San Bernardino Area Chamber of Commerce. REQUEST TO AMEND MUNICIPAL CODE TO ALLOW HYPNOTISM In a letter dated November 1, 1983, Mr. A. L. Ward, reques~ed that a change be made in San Bernardino Municipal Code Section 5.04.355 to allow the practice of hypnotism to be licensed. He states he is a retired City police officer and has an extensive background in Police Science and Forensic Investigation, with a specialization in investigative and forensic hypnosis. The pres- ent City Municipal Code Section is outdated and would prohibit the use of hypnotism in his services. (28) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the City Attorney be directed to prepare the necessary amendment to San Bernardino Municipal Code Section 5.04.355 to allow hypnotism. PROTEST OF ALCOHOLIC BEVERAGE LICENSE AT 390 MT. VERNON AVENUE - EL MAMBO CLUB Mrs. Virginia Sigler of 1329 poplar Street requested that the Council protest the issuance of an alcoholic beverage license by the Alcoholic Beverage Control for the sale of beer and wine at 390 South Mt. Vernon due to the number of existing alcoholic beverage establishments in the neighborhood and the amount of crime problems. (S-5) Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried that the Planning Department prepare a formal protest on the transfer of the beer and wine sales permit for El Mambo, 390 So. Mt. Vernon Avenue, due to the number of establishments selling beer and wine in the area and the nega- tive impact this business would create and that a police report regarding the crime in the area be submitted. REQUIREMENT OF A CONDITIONAL USE PERMIT TO ESTABLISH NEW BUSINESS FOR THE PURPOSE OF SELLING ALCOHOLIC BEVERAGES Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, to direct the City Attorney to prepare an ordinance that would require a conditional use per- mit for the establishment of any businesses for the sale of on sale alcoholic beverages. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the first draft of the proposed ordinance be referred to the Legislative Review Committee for discussion. 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. The Community Development Commission/Redevelopment Agency acted upon their agenda items. RES. 83-364 RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A FOURTH AMEND- MENT TO STANDARD AGREEMENT NO. 80-RHC-003 WITH THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOP- MENT FOR IMPLEMENTATION AND PARTICIPATION IN THE OPERATION PHASE OF THE STATE'S RENTAL HOUSING CON- STRUCTION PROGRAM. (R-4) - 12 - 11/7/83 The City Clerk read the title of the resolution. Council Member Frazier made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. . Resolution No. 83-364 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-365 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING A MULTI-FAMILY RENTAL HOUSING FINANCE MORTGAGE PRO- GRAM IN COOPERATION WITH THE COUNTY OF SAN BER- NARDINO AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FOR AND ON BEHALF OF THE CITY A COOPER- ATIVE AGREEMENT BETWEEN THE COUNTY OF SAN BERNAR- DINO AND THE CITY OF SAN BERNARDINO. (R-5) The City Clerk read the title of the resolution. Council Member Castaneda made a motion, seconded by Council Member Marks and unanimously carried to waive further reading of the resolution. Glenda Saul, Acting Executive Director of the Redevelopment Agency, answered questions regarding the subsidized rental pro- gram. Council Member Castaneda made a motion, seconded by Council Member Marks and unanimously carried that said resolution be adopted. Resolution No. 83-365 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. JOINT PUBLIC HEARING - SALE OF AGENCY OWNED PROPERTY - 566 N. LUGO, CENTRAL CITY EAST PROJECT AREA This is the time and place set for a joint public hearing to consider the sale of Agency owned property located at 566 North Lugo, Central City East Project Area. (R-7) Mayor Holcomb opened the hearing. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that this matter be con- tinued to Monday, November 21, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PUBLIC RECORDS POLICY - ACCESS In a memorandum dated November 2, 1983, Glenda Saul, Acting Executive Director of the Redevelopment Agency, stated that it was the recommendation of the Legislative Review Committee that the Redevelopment Agency follow the California Public Records Act (Government Code Section 6250 et seq.) in respect to regulations governing access to public records, and requested approval of a procedure directive dealing with this subject. (R-ll) The City Clerk answered questions regarding public record access and explained a recommendation for document fees. This matter was continued to the afternoon session. - 13 - 11/7/83 RECESS MEETING At 11:50 a.m., Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the meeting recess until 2:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 2:01 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 "0" 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, Assistant City Attorney Briggs, City Clerk Clark, City Administrator Matzer. Absent: Council Member Strickler. PUBLIC RECORDS POLICY-ACCESS CONTINUED FROM EARLIER IN THE MEETING Mayor Holcomb recommended that an ad study policy on public records access. hoc committee be formed (R-11) to Council Member Quiel made a motion, seconded by Council Mem- ber Frazier and unanimously carried that the proposed policy for public records access be referred to the Legislative Review Com- mitee for further study and an in-depth review, and to continue this matter to Monday, November 21, 1983, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. CONSTRUCTION OF CURBS, GUTTERS & PAVING - ORANGE SHOW LANE, BETWEEN "E" STREET AND ARROWHEAD AVENUE In a memorandum dated October 25, 1983, Roger G. Hardgrave, Director of Public Works/City Engineer, requests authorization to initiate proceedings under the provisions of the Municipal Improvement Act of 1911 for the installation of curbs, gutters and paving in Orange Show Lane between "E" Street and Arrowhead Avenue in the City of San Bernardino. (24) COUNCIL MEMBER CASTANEDA EXCUSED Council Member Castaneda was excused from the Meeting. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried that the City Engineer and City Clerk be authorized to initiate proceedings under the provisions of the Municipal Improvement Act of 1911 for the installation of curbs, gutters and paving in Orange Show Lane between "E" Street and Arrowhead Avenue in the City of San Bernardino. LEGISLATIVE REVIEW COMMITTEE REPORT - LEGAL RESEARCH/ CITY ATTORNEY, PROPOSED 50% RESIDENCY REQUIREMENT FOR PUBLIC WORKS PROJECTS - USE OF QUARRY TILE, SIDE- WALKS - CABLE TV COMMISSION, STAFF PERSON REQUEST - PUBLIC RECORDS ACT The Legislative Review Committee report of October 27, was presented. The following items were discussed: 1983 (20) 1. Legal ,research by City Attorney on the proposed 50% residency requirement for public works projects. The Legislative Review Committee recommended that this item be tabled. - 14 - 11/7/83 2. The use of quarry tile in sidewalks. The Legis- lative Review Committee recommended that all re- quests for special sidewalks should be on an in- dividual basis for solution; and that Assistant City Attorney Briggs and Mr. Moreno, Superinten- dent of Public Services, confer and bring a pro- posed ordinance back to the Committee. 3. Cable TV Commission, staff person request. The Legislative Review Committee recommended that this item be continued for discussion at a time when Mr. Russell Lackner, Chairman, Cable TV Commission, can be present. 4. Public Records Act. The Legislative Reivew Com- mittee recommended that fees for photocopying public records be increased from ten cents per page to $1.00 for the first page, and ten cents per page thereafter; and institute a charge of $2.00 per certification; and that the City Attor- ney be requested to prepare the necessary changes to Resolution No. 12319. Assistant City Attorney Briggs explained why the legal opinion on the proposed 50% residency requirement for public works took a long time to research. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the Legislative Review Committee report be filed. INCREASE CHARGES FOR PHOTOCOPYING PUBLIC DOCUMENTS In a memorandum dated October 28, 1983, Shauna Clark, City Clerk, recommended that the City Attorney be requested to prepare the necessary changes to Resolution No. 12319 to increase the fees for photocopying public records from 10~ per page to $1.00 for the first page and 10~ per page thereafter, and to institute a charge of $2.00 per certification. (21) Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that this matter be continued to Monday, November 21, 1983 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. WAYS AND MEANS COMMITTEE REPORT - RESOLUTION, SECOND AMENDMENT TO AGREEMENT, FLORIAN/MARTINEZ ASSOCIATES, SECCOMBE LAKE PARK PROJECT Council Member Castaneda, Chairman of the Ways and Means Com- mitte~ presented the Ways and Means Committee report of October 31, 1983. He reported that the Ways and Means Committee recom- mended approval of the resolution authorizing the execution of a second amendment to agreement with Florian/Martinez Associates, relating to the Seccombe Lake Park. (22) The following resolution was presented: RES. 83-366 RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A SECOND AMEND- MENT TO AGREEMENT WITH FLORIAN/MARTINEZ ASSOCIATES TO PROVIDE FOR ADDITIONAL WORK IN PREPARING LIMITED PLANS, PROVIDE ADDITIONAL COMPENSATION, AND ADDI- TIONAL TIME FOR COMPLETION. The City Clerk read the title of the resolution. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried to waive further reading of the resolution. - 15 - 11/7/83 Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that said resolution be adopted. Resolution No. 83-366 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Council Member Strickler. WAYS AND MEANS COMMITTEE REPORT - FUNDING - AMERICAN YOUTH SOCCER ORGANIZATION Council Member Castaneda, Chairman of the Ways and Means Committee, continued reporting on the Ways and Means Committee meeting of October 31, 1983. He reported that the Ways and Means Committee recommended the funding request of $15,000 to the Ameri- can Youth Soccer Organization for assistance in providing an irri- gation system at a School District site. He also gave his minority report that he agrees to the allocation of requested funds for American Youth Soccer Organization park, but requests the matter be referred back to the Committee for evaluation of agreements that are presently in force between the School District and Ameri- can Soccer Organization. Frank A. Schuma, Regional Commissioner of the American Youth Soccer Organization, answered questions regarding the lease with the School District for the use of permises of Highland Junior High School, stating that the lease is good for a period of 20 years. Council Member Quiel made a motion, seconded by Council Mem- ber Marks and unanimously carried, that the request in the amount of $15,000 from the Reserve Fund be approved for the development of the American Youth Soccer Organization. WAYS AND MEANS COMMITTEE REPORT - FUNDING - ROLLING START PROGRAM Council Member Castaneda, Chairman of the Ways and Means Com- mittee, continued reporting on the Ways and Means Committee meeting of October 31, 1983. He reported that the Ways and Means Committee recommended that the request for the allocation of $7,594 to the Rolling Start Program, as recommended by the Human Services Com- mission, be approved. Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the allocation of $7,594 for funding of Rolling Start be approved. WAYS AND MEANS COMMITTEE REPORT - UTILITY TAX - REBATE/EXEMPTION - MOBILE HOME PARK RESIDENTS Council Member Castaneda, Chairman of the Ways and Means Com- mittee, continued reporting on the Ways and Means Committee meeting of October 31, 1983. He reported that the Ways and Means Committee recommended reinstitution of present rebate/exemption procedures to include mobile home parks that are mastermetered for only those utilities on master meter; and that the City Attorney be directed to prepare the necessary documents for implementation of this recommendation. It was also recommended that the City Attorney amend the Utility Tax Ordinance so that any increase by a utility will trigger a review by the Council. Council Member Frazier made a motion, seconded by Council Member Quiel and unanimously carried that the recommendation for reinstitution of present rebate/exemption procedures to include mobile home parks that are master metered for only those utilities on master meter be approved. - 16 - 11/7/83 council Member Marks made a motion that the City Attorney be directed to amend the existing utility tax ordinance to provide that any increase by a utility company covered by the ordinance will automatically trigger a review by the City Council as provided in the existing ordinance with respect to the Director of Finance. The motion died for lack of a second. Mayor Holcomb recommended an annual review of utility tax rates rather than a review each time a rate increase is approved by the Public Utilities Commission. The Mayor and Council discussed previous action by the Council for review of utility tax rates. COUNCIL MEMBER CASTANEDA EXCUSED Council Member Castaneda was excused from the Council Meeting. WAYS AND MEANS COMMITTEE REPORT - STUBBLEFIELD - MOUNTAIN SHADOWS CABLE TV SYSTEMS, INC. Council Member Marks continued reporting on the Ways and Means Committee meeting of October 31, 1983. He reported that the Ways and Means Committee recommended, in principal, that the agreement with Mountain Shadows Cable TV Systems, Inc. be accepted and back fees for collection of past service taxes be waived, with Council Member Strickler abstaining on waiver of fees. COUNCIL MEMBER CASTANEDA RETURNED Council Member Castaneda returned to the Council Meeting and took his place at the Council Table. WAYS AND MEANS COMMITTEE REPORT - ALTERNATIVE FINANCING - DOWNTOWN PARKING Council Member Castaneda, Chairman of the Ways and Means Committee, continued reporting on the Ways and Means Committee meeting of October 31, 1983. He reported that in order to find alternative financing for downtown parking, the Ways and Means Committee had requested City Administrator Matzer to explore the cost of shuttle service from a satellite parking lot, explore use of Redevelopment tax increment funds to construct needed facilities, and bring back a report to the Ways and Means Committee. The Mayor and Council discussed alternative financing of down- town parking. Mayor Holcomb objected to the Ways and Means Committee giving instructions to the City Administrator for the preparation of a report on the use of tax increment revenue for downtown parking. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly, that the Ways and Means Committee report be filed. Council Member Marks made a substitute motion, seconded by Council Member Castaneda, that the Ways and Means Committee direc- tive to the City Administrator to work with the Ways and Means Committee on the Committee's request to find alternative means of revenue for the parking fee plan and any other associated matter be approved. The Mayor objected to the motion. The City Administrator explained that much of the information is already being gathered. The substitute motion carried unanimously. - 17 - 11/7/83 RECESS MEETING - CLOSED SESSION At 3:07 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino recessed for a Closed Session for discussion of labor relations, a grievance, and pending litigation. . (18) CLOSED SESSION The Closed Session of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Assistant City Attorney Briggs, City Clerk Clark, City Administrator Matzer. Absent: Council Member Strickler. Also present were Gerald Newcombe, Fire Chief; Skip Kulikoff, Executive Secretary of Local 891; Charles Seleman, City Employee. DEPUTY CITY ATTORNEY FENTON ARRIVED AT CLOSED SESSION At 3:30 p.m., Deputy City Attorney Fenton arrived at the Closed Session. ASSISTANT CITY ATTORNEY BRIGGS EXCUSED FROM CLOSED SESSION At 3:30 p.m., Assistant City Attorney Briggs was excused from the Closed Session. MR. KULIKOFF AND MR. SELEMAN EXCUSED FROM CLOSED SESSION At 3:45 p.m., Mr. Skip Kulikoff, Executive Secretary of Local 891 and Mr. Charles Seleman, City Employee, were excused from the Closed Session. ASSISTANT CITY ATTORNEY BRIGGS RETURNED TO CLOSED SESSION At 3:50 p.m., Assistant City Attorney Briggs returned to the Closed Session. FIRE CHIEF NEWCOMBE EXCUSED FROM CLOSED SESSION At 3:55 p.m., Gerald Newcombe, Fire Chief, was excused from the Closed Session. RON SOLHEIM ARRIVED AT CLOSED SESSION At 3:55 p.m., Ron Solheim, Risk Management Coordinator, arrived at the Closed Session. ADJOURN CLOSED SESSION At 4:09 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 4:09 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; Assistant City Attorney Briggs, City Clerk Clark, City Administrator Matzer. Absent: Council Member Strickler. - 18 - 11/7/83 CLAIM SETTLEMENT - WILCOX In a memorandum dated November 7, 1983, Ron Solheim, .Risk Management Coordinator, recommended approval of a settlement, in the sum of $2,400, for the claim filed by Mary O. Wilcox for alleged bodily injuries sustained in a fall in the Central City Mallon February 25, 1982. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the claim of Mary O. wilcox for injuries alleged to be the result of a fall in the Central City Mallon February 25, 1982, be approved in the negotia- ted sum of $2,400 as a full and complete release. MEMORANDUM OF UNDERSTANDING - ANNUAL REPORT OF FINANCIAL TRANSACTION OF CALIFORNIA CITIES In a memorandum dated November 2, 1983, Raymond D. Schweitzer, Deputy City Administrator, recommended that the State Controller's Annual Report of Financial Transaction of California Cities refer- red to in Mr. Kenneth Cory's letter dated September 14, 1983, be used by the City in determining wages for the purposes of Charter Section 186 (al. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried that the State Controller's Annual Report of Financial Transaction of California Cities re- ferred to in Mr. Kenneth Cory's letter dated September 14, 1983, be used by the City in determining wages for the purposes of Charter Section 186 (al. EMPLOYEE GRIEVANCE - WILLIE GARRETT In the report of the Council Personnel Committee of November 4, 1983, it was recommended that the grievance of Willie Garrett be forwarded to the Mayor and Council for discussion in executive session. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly, that the request of Willie Garrett for reconsideration of his claim for back wages be denied. The motion failed by the following vote: Ayes: Council Mem- bers Reilly, Marks, Quiel. Noes: Council Members Castaneda, Hernandez, Frazier. Absent: Council Member Strickler. Council Member Hernandez made a motion, seconded by Council Member Frazier, that Willie Garrett's request for reconsideration of his claim for back wages be approved. The motion failed by the following vote: Ayes: bers Castaneda, Hernandez, Frazier. Noes: Council Marks, Quiel. Absent: Council Member Strickler. Council Mem- Members Reilly, WEED ABATEMENT PROGRAM - SPANISH CLUB OF SAN GORGONIO A request dated November 7, 1983, was submitted by the Spanish Club of San Gorgonio for permission to participate in the City's Weed Abatement Program to earn a total of $250.00. Council Member Quiel made a motion, seconded by Council Mem- ber Marks and unanimously carried, that a Weed Abatement assignment be approved for the Spanish Club of San Gorgonio in the amount of $250.00 and that the Director of Public Works/City Engineer be directed to contact the organization's representative and proceed with the implementation of said work assignment. WEED ABATEMENT PROGRAM - BLACK UNITY ASSOCIATION CHAPTER II YOUTH CLUB A request dated November 7, 1983, was submitted by the Black Unity Association Chapter II Youth Club for permission to partici- pate in the City's Weed Abatement Program to earn a total of $250.00. - 19 - 11/7/83 Council Member Quiel made a motion, seconded by Council Mem- ber Marks and unanimously carried that a Weed Abatement assignment be approved for the Black Unity Association Chapter II Youth Club in the amount of $250.00 and that the Director of Public Works/ City Engineer be directed to contact the organization's represen- tative and proceed with the implementation of said work assign- ment. APPOINTMENT - UPTOWN CITIZENS ADVISORY COMMITTEE Pursuant to the recommendation of Council Member Reilly, Mayor Holcomb appointed Wilma Strinati, 1533 Belle street, to serve as a member of the Uptown Citizens Advisory Committee. (29) Council Member Reilly made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the appointment be confirmed. APPOINTMENTS - CENTRAL CITY ADVISORY BOARD Mayor Holcomb appointed Keith Norris, 1375 Cahuilla, Grand Terrace, and Richard Cromwell, III, Harris Company, Central City Mall, to serve as members of the Central City Advisory Board. (29) Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the appointments be confirmed. AUTHORIZATION TO GRANT ACCESS EASEMENT - OVER A PORTION OF ENCANTO PARK In a memorandum dated October 21, 1983, Roger G. Hardgrave, Director of Public Works/City Engineer, requested authorization to execute a non-exclusive easement for ingress and egress over a portion of Encanto Park with the owners of an adjoining parcel, upon approval by the Planning Commission of an application to develop a senior citizens' housing unit. (23) The following resolution was also introduced. RES. 83-367 RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN EASEMENT FOR INGRESS AND EGRESS OVER A PORTION OF ENCANTO PARK TO ROBERT SELF UPON APPROVAL BY PLANNING COMMISSION OF PROPOSED SENIOR CITIZENS HOUSING DEVELOPMENT. The City Clerk read the title of the resolution. Council Member Castaneda made a motion, seconded by Council Member Hernandez and unanimously carried to waive further reading of the resolution. The Council discussed the effects of the park noise on the senior citizens complex. Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried to adopt the resolution and authorize execution of the easement upon the approval by the Planning Commission of an application to develop a senior citizens housing unit. Resolution No. 83-367 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Council Member Strickler. AUTHORIZATION FOR INSTALLATION OF STREET LIGHT - IN CUL-DE-SAC AT EASTERLY TERMINUS OF ARROWHEAD ROAD In a memorandum dated October 25, 1983, Roger G. Hardgrave, Director of Public Works/City Engineer requested authorization of the installation of a street light on the existing Edison util- ity pole, in the cul-de-sac at the easterly terminus of Arrowhead Road; and the Superintendent of Public Buildings directed to make the necessary arrangements with Edison Company. (25) - 20 - 11/7/83 Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried that the installation of a street light on the existing Edison utility pole, in thecul-de- sac at the easterly terminus of Arrowhead Road, be authorized; and the Superintendent of Public Buildings directed to make the necessary arrangements with Edison Company. INSTALLATION OF STREET LIGHT AT DEAD END OF 5TH STREET AND MERIDIAN AVENUE In a memorandum dated October 28, 1983, Roger Hardgrave, Director of Public Works/City Engineer recommended that the in- stallation of street light at the dead end of 5th Street and Meridian Avenue be authorized and that the Public Buildings Superintendent be directed to coordinate the installation of said light with the Southern California Edison Company. (26) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried that the installation of street light at the dead end of 5th Street and Meridian Avenue be authorized and that the Public Buildings Superintendent be directed to coordinate the installation of said light with the Southern California Edison Company. CHANGE ORDER NO. ONE - EMERGENCY REPAIR OF FLOOD DAMAGE - TERRACE ROAD AND SIXTH STREET In a memorandum dated October 28, 1983, Roger G. Hardgrave, Director of Public Works/City Engineer, recommended that Change Order No. One to the contract with Fisher's Grading and Excavat- ing for emergency repairs to Terrace Road and sixth Street, be approved; and the repair of additional storm damage to Terrace Road, at a cost not to exceed $7,000, at an ihcrease in contract price from $44,312.50 to $52,312.50, be authorized. (27) John N. Matzer, Jr., City Administrator, answered questions, stating that the funds would come from the emergency fund. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier was excused from the Council Meeting. Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried that Change Order No. One to the contract with Fisher's Grading and Excavating for emergency repairs to Terrace Road and Sixth street, in accordance with plan No. 6408 be approved; and the repair of additional storm damage to Terrace Road, at a cost not to exceed $7,000, at an increase in contract price from $44,312.50 to $52,312.50, be authorized. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meeting and took his place at the Council Table. MAYOR HOLCOMB EXCUSED Mayor Holcomb was excused from the Council Meeting and Council Member Quiel assumed the duties of Mayor Pro Tempore. RES., 83-368 RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN ASSOCIATE PARTY AGREEMENT WITH THE PRINCIPAL PARTIES OF UNDERGROUND SERVICE ALERT RELATING TO ACCEPTANCE OF THE CITY OF SAN BERNARDINO AS AN ASSOCIATE PARTY. (30) The City Clerk read the title of the resolution. Council Member Hernandez made a Member Marks and unanimously carried the resolution. motion, seconded by Council to waive further reading of - 21 - 11/7/83 COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier was excused from the Council Meeting. Council Member Reilly made a motion, seconded by Council Mem- ber Hernandez and unanimously carried that said resolution be adopted. Resolution No. 83-368 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel. Noes: None. Absent: Council Members Frazier, Strickler. RES. 83-369 RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN ADDENDUM TO EQUIPMENT MANAGEMENT SYSTEM SERVICES AGREEMENT BETWEEN MAINSTEM CORPORATION AND THE CITY OF SAN BERNARDINO. (31) The City Clerk read the title of the resolution. Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried to waive further reading of the resolution. Council Member Reilly made a motion, seconded by Council Mem- ber Hernandez and unanimously carried that said resolution be adopted. Resolution No. 83-369 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel. Noes: None. Absent: Council Members Frazier, Strickler. RES. 83-370 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 32 OF LOCAL AGENCY FEDERAL-AID SAFETY IMPROVEMENT PROJ- ECTS, BY AND THROUGH ITS DEPARTMENT OF TRANSPORTA- TION. (Traffic signals at Base Line & Muscott St.) (32) The City Clerk read the title of the resolution. Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried to waive further reading of the resolution. Council Member Reilly made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that said resolution be adopted. Resolution No. 83-370 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel. Noes: None. Absent: Council Members Frazier, Strickler. RES. 83-371 RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A UTILITIES AGREE- MENT WITH PACIFIC TELEPHONE AND TELEGRAPH COMPANY RELATING TO THE RELOCATION OF TELEPHONE FACILITIES IN CONFLICT WITH CONSTRUCTION OF THE NEW TIPPECANOE AVENUE BRIDGE. (33) The City Clerk read the title of the resolution. Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, to waive further reading of the resolution. Council Member Reilly made a motion, seconded by Council Mem- Hernandez and unanimously carrie~ that said resolution be adopted. - 22 - 11/7/83 Resolution No. 83-371 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quie1. Noes: NOne. Absent: Council Members Frazier, Strickler. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meeting and took his place at the Council Table. RES. 83-372 RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 11882, LOCATED NORTH OF RANDALL AVENUE, BE- TWEEN EUCALYPTUS AND PEPPER AVENUES; AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION. (Interamerican Builders Partnership) (34) The City Clerk read the title of the resolution. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carrie~ that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-372 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quie1, Frazier. Noes: None. Absent: Council Member Strickler. RES. 83-373 RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 2482 ENTITLED IN PART "A RESOLUTION . . . DESIGNATING CERTAIN STREET INTERSECTIONS WHERE A STOP IS REQUIRED . . ."; AND AUTHORIZING THE REMOVAL OF STOP SIGNS ON PARKSIDE DRIVE AT MARSHALL BOULEVARD. (36) The City Clerk read the title of the resolution. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carrie~ that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-373 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quie1, Frazier. Noes: None. Absent: Council Member Strickler. RES. 83-374 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZ- ING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE A FUEL EFFICIENT TRAFFIC SIGNAL MANAGE- MENT PROGRAM GRANT APPLICATION FOR $23,270 OF FUNDS APPORTIONED FOR FISCAL YEAR 83/84 TO THE CALIFORNIA ENERGY COMMISSION BY THE STATE LEGIS- LATURE, AND AUTHORIZING NEGOTIATIONS WITH MOHLE, GROVER & ASSOCIATES FOR EXTENSION OF AGREEMENT. (35) The City Clerk read the title of the resolution. Roger Hardgrave, Director of Public Works/City Engineer was present to answer questions. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier was excused from the Council Meeting. Council Member Quie1 made a motion, seconded by Council Mem- ber Reilly and unanimously carried that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-374 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quie1. Noes: None. Absent: Council Members FraZier, Strickler. - 23 - 11/7/83 RES. 83-375 RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE SAN BERNARDINO PUBLIC LIBRARY TO APPLY FOR LIBRARY SERVICES AND CONSTRUCTION ACT (TITLE I) FUNDS TOWARDS PART OF THE COST OF THE PROPOSED MICROCOMPUTER LABORATORY IN THE NEW DOWN- TOWN LIBRARY PROJECT. (37) The City Clerk read the title of the resolution. Steve Whitney, City Librarian, presented a letter from Larry Harvey, President of the Library Board of Trustees, dated October 28, 1983, in which he presents information regarding the request to apply for Library Services and Construction Act Funds through the California State Library. In the Letter, Mr. Harvey explained that the California State Library has grants of $20,000 to establish microcomputer literacy resource centers throughout the State. The Library Board pro- poses assembling the full laboratory in January, 1984, rather than delay until opening the new bUilding, which would require an up front match from the City of San Bernardino of the re- maining $30,000. He suggested two alternatives from which the City can provide the funds: from the $1 million Federal con- struction grant, or the General Fund contingency monies. The grant application must be received in Sacramento by November 15, 1983, according to Mr. Harvey's letter. It was pointed out that the resolution does not incorporate the recommendations from the Library Board. The Council discussed the bidding process. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier 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 further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-375 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Council Member Strickler. RES. 83-376 RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO AGREEMENT WITH JAMES G. PALERMO, DOING BUSINESS AS INLAND COUNTIES CLAIMS SERVICE, PROVIDING FOR A ONE YEAR EXTENSION OF THE TERM AND AN INCREASE IN CERTAIN FEES. (38) The City Clerk read the title of the resolution. John N. Matzer, Jr., City Administrator, explained that the contractor provides services on an "as needed" basis. Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the..resoution be waived and said resolution be adopted. Resolution No. 83-376 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Council Member Strickler. - 24 - 11/7/83 RES. 83-377 RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION . . . ESTABLISHING A COMPENSATION PLAN. . ."; AND CHANGING THE TITLES OF LEGAL SEC- RETARY AND LEGAL STENOGRAPHER II TO LEGAL SECRETARY II AND LEGAL SECRETARY I, RESPECTIVELY. (41) The City Clerk read the title of the resolution. Council Member Hernandez 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. 83-377 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Council Member Strickler. RES. 83-378 RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOLUTION . . . CREATING AND ESTABLISHING POSI- TIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO. . ."; TO CHANGE THE TITLES OF LEGAL SECRETARY AND LEGAL STENOGRAPHER II TO LEGAL SECRETARY II AND LEGAL SECRETARY I, RESPECTIVELY. (42) The City Clerk read the title of the resolution. Council Member Hernandez 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. 83-378 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Council Member Strickler. RES. 83-379 RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A SECOND AMEND- MENT TO AGREEMENT WITH FLEMING AND ASSOCIATES, PRO- VIDING FOR A ONE YEAR EXTENSION OF THE TERM AND CHANGE IN CONSULTANT'S COMPENSATION. (39) The City Clerk read the title of the resolution. John N. Matzer, Jr., City Administrator, explained that this agreement is for computer analysis of workers compensation cases, and when the City has its own computer, the contract will no longer be necessary. Council Member Hernandez 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. 83-379 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Council Member Strickler. RES. 83-380 RESOLUTION OF THE CITY OF SAN BERNAR- DINO GRANTING LICENSE TO ENGLISH ENTERPRISES, INC., FOR ONE HUNDRED THREE PARKING SPACES IN FIVE LEVEL PARKING STRUCTURE. (40) The City Clerk read the title of the resolution. Assistant City Attorney Briggs answered questions of the Coun- cil, stating that when the Ramada Hotel opens, English Enterprises, Inc. may have to pay for parking at the most favorable rate. - 25 - 11/7/83 Council Member Reilly made a motion, seconded by Council Mem- ber Frazier and unanimously carried, that further reading of said resolution be waived. Council Member Reilly made a motion, seconded by Council Mem- ber Frazier, that said resolution be adopted. Resolution No. 83-380 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Quiel, Frazier. Noes: Council Members Hernandez, Marks. Absent: Council Member Strickler. RES. 83-381 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. (1017-1023 E. Base Line, 656 W. 13th St., 2735 W. Maple) (43) The City Clerk read the title of the resolution. Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-381 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Council Member Strickler. RES. 83-382 RESOLUTION OF THE CITY OF SAN BERNAR- DINO OPPOSING SENATE BILL 66 AND HOUSE RESOLUTION 4103 REGARDING CABLE TELEVISION REGULATION. (44) The City Clerk read the title of the resolution. Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-382 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Council Member Strickler. RES. 83-383 RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FRAZEE COMMUNITY CENTER RELATING TO FUNDING FOR THE REMAINING 1983-84 FISCAL YEAR. (46) The City Clerk read the title of the resolution. Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-383 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Council Member Strickler. RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING TO G.T.E. SPRINT COMMUNICATIONS CORPORATION A FRAN- CHISE TO CONSTRUCT, MAINTAIN AND OPERATE COMMUNICA- TIONS CONDUIT WITHIN THE CITY OF SAN BERNARDINO. (45) The City Clerk read the title of the resolution. Council Member Frazier made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, to continue this matter until Monday, November 21, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. - 26 - 11/7/83 COUNCIL MEMBER MARKS EXCUSED Council Member Marks was excused from the Council Meeting. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.82.030 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO PENALTIES FOR VIOLATION OF TITLE 19, ZONING PROVISIONS, TO PROVIDE THAT VIOLATION IS INFRACTION, AND SPECIFYING PENALTY THEREFOR. The City Clerk read the title of the ordinance. FIRST (47) Council Member Frazier made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the first reading of the ordinance be waived. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the ordinance be referred to the Legislative Review Committee. ORD. MC-313 ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING SECTION 2.18.030 OF THE SAN BERNAR- DINO CODE TO SPECIFY THE DUTIES OF THE PARK AND RECREATION COMMISSION. The City Clerk read the title of the ordinance. FINAL (48) Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the final reading of the ordinance be waived and that said ordinance be adopted. Ordinance MC-313 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quie1, Frazier. Noes: None. Absent: Council Member Strickler. ORD. MC-314 ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING SUBPARAGRAPH D OF SECTION 5.36.060 OF THE SAN BERNARDINO MUNICIPAL CODE TO INCREASE THE AMOUNT OF PRIZES AWARDED IN ONE SESSION TO $3,000.00. FINAL (49) The City Clerk read the title of the ordinance. Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the final reading of the ordinance be waived and that said ordinance be adopted. Ordinance MC-314 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quie1, Frazier. Noes: None. Absent: Council Member Strickler. ORD. MC-315 ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING CHAPTER 19.82 OF THE SAN BERNARDINO MUNICIPAL CODE CONCERNING THE ENFORCEMENT OF ZON- ING AND BUILDING VIOLATIONS TO EMPOWER THE SUPER- INTENDENT OF THE BUILDING AND SAFETY DEPARTMENT, SENIOR BUILDING INSPECTOR AND SENIOR PLUMBING INSPECTOR TO ISSUE CITATIONS PURSUANT TO PENAL CODE SECTION 836.5. The City Clerk read the title of the ordinance. FINAL (50) Council Member Marks made a motion, seconded by Council Mem- ber Castanedaand unanimously carried, that the final reading of the ordinance be waived and that said ordinance be adopted. - 27 - 11/7/83 Ordinance MC-3l5 was adopted by the following vote: Ayes: Council Members Castaneda, ,Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Council Member Strickler. ORD. MC-3l6 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. 83-16, GENERALLY LOCATED AT THE NORTHEAST CORNER OF 48TH STREET AND LITTLE MOUNTAIN DRIVE) . The City Clerk read the title of the ordinance. FINAL (52) Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that the final reading of the ordinance be waived and that said ordinance be adopted. Ordinance No. MC-3l6 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Council Member Strickler. ORD. MC-3l7 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. 83-17, HAVING A FRONTAGE OF APPROXIMATELY 158 FEET ON THE SOUTH SIDE OF BASELINE STREET AND BEING LOCATED APPROX- IMATELY 550 FEET EAST OF THE CENTERLINE OF PENN- SYLVANIA AVENUE AND FURTHER DESCRIBED AS 1777 WEST BASELINE STREET). The City Clerk read the title of the ordinance. FINAL (53) Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that the final reading of the ordinance be waived and that said ordinance be adopted. Ordinance No. MC-3l7 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Council Member Strickler. ORD. MC-3l8 ORDINANCE OF THE CITY OF SAN BERNAR- DINO REZONING A CERTIN 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. 8~-18, CONSIST- ING OF APPROXIMATELY 15.49 ACRES HAVING A FRONTAGE OF APPROXIMATELY 1,540 FEET ON THE SOUTH SIDE OF PUMALO AND BEING LOCATED APPROXIMATELY 204 FEET WEST OF THE CENTERLINE OF ARDEN AVENUE) . The City Clerk read the title of the ordinance. FINAL (54) Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that the final reading of the ordinance be waived and that said ordinance be adopted. Ordinance No. MC-3l8 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Council Member strickler. GENERAL REPORTS AND CORRESPONDENCE Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, ,that the following items be filed: (55) - 28 - 11/7/83 a. Civil service Eligibility Lists for: Law Enforcement Trainee - Open Youth Services Aide II - Open Youth Services Aide I - Open b. Application No. 83-10-36 from the Public Utilities Commission in the matter of the application of Southern California Edison Company for authority to include San Onofre Nuclear Generating Station Unit No. 3 as a Specified Major Addition under the Major Additions Adjustment Clause and to revise rate levels established thereunder to recover the costs of owning, operating, and maintaining San Onofre Nuclear Generating Station Unit No.3; to make certain changes to its base rates and certain other rate levels to conform to the rate design criteria set forth in Decision No. 82-12-055; and other changes. c. Application No. 82-02-40 from the Public Utilities Commission in the matter of the application of Southern California Edison Company for authority to establish a Major Additions Adjustment Clause, to implement a Major Additions Adjustment Billing Factor and an Annual Major Additions Rate to recover the costs of owning, operating, and maintaining San Onofre Nuclear Generating Station Unit No.2, and to adjust downward net Energy Cost Adjustment Clause rates to equal the increase in Major Additions Adjustment Clause rates. d. Eight alcoholic beverage control applications for the following new and transferred licenses: NEW National Convenience Stores, Inc. dba Stop n Go National Convenience Stores, Inc. dba Stop n Go Bobbi A. Davis dba Cheer's Ida E. & James A. Johnson, & patricia L. & Richard J. Rieker dba Inland Petroleum Products TRANSFERRED Mary E. Ybarra dba El Mambo Club Kayo Oil Company dba Econo Kayo Oil Company dba Econo Jae J. & Duck S. Shin dba B & B Produce Market 2734 Del Rosa Avenue Off Sale Beer & Wine 3008 No. "E" Street Off Sale Beer & Wine 948 N. Waterman Avenue On Sale Beer & Wine 1930 S. Waterman Avenue Off Sale Beer & Wine 390 S. Mt. Vernon Avenue On Sale Beer & Wine 235 East Baseline Avenue Off Sale Beer & Wine 1169 Second Street Off Sale Beer & Wine 507 S. Mt. Vernon Avenue Off Sale Beer & Wine - 29 - 11/7/83 EMPLOYEE GRIEVANCE - CHARLES SELEMAN The grievance of Charles Seleman, employee of the Fire Depart- ment, relating to a uniform application of the conditions under which pay conversion should be made, was presented. Council Member Reilly made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, to continue the matter of Mr. Seleman's grievance to Monday, November 21, 1983, in the Coun- cil Chambers of City Hall, 300 North "D" Street, San Bernardino, California. TRANSPORTATION COMMITTEE REPORT - REINSTATEMENT OF DEL ROSA LOOP Council Member Marks presented the report of the meeting of the Transportation Committee held on October 31, 1983. He re- ported that the Transportation Committee made the following recommendations: that the request of the Transportation Committee to Omnitrans for a change in Route 10 to reinstitute the modified Del Rosa Loop be ratified and confirmed; and that the change in Omnitrans Route 10 to reinstitute the modified Del Rosa Loop be implemented as soon as possible. (19) Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the request of the Transportation Committee to Omnitrans for a change in Route 10 to reinstitute the modified Del Rosa Loop be ratified and confirmed. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the change in Omnitrans Route 10 to reinstitute the modified Del Rosa Loop be implemented as soon as possible. TRANSPORTATION REPORT - ADDITIONAL INFORMATION Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that Council Member Marks be allowed to present an additional report regarding the Omni- trans contract as a new business item. OMNITRANS CONTRACT Council Member Marks spoke regarding the delay in establish- ing a management contract for Omnitrans and recommended that the City consider an alternative, such as forming its own transportation system, due to increase in contract costs and charges, and in other terms in the contract. The Council discussed the time frame of withdrawal from Omni- trans. Council Member Marks made a motion, seconded by Council Mem- Castaneda, to direct the City Administrator to prepare a request for proposals for the proposed hiring of a consultant who would look at the other alternatives available to provide transportation ser- vices in the City of San Bernardino, given the scenario that the City of San Bernardino would be the lead agency in concert with some of the neighboring adjacent communities, much the same as the former SBTA, and that the City Administrator report back on how much time the City would have for withdrawal from Omnitrans. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Frazier. Noes: Council Member Quiel. Absent: Council Member Strickler. - 30 - 11/7/83 ~ REQUEST FOR ASSISTANCE ~ JOB FAIR - SAN BERNARDINO BOY'S CLUB/CARTER M~~ C~~ GOD IN CHRIST In a letter dated 0__31,~ Ruben Herndon, Program Director for "Do For Self Job Fair and Community Bazaar" requested permission to use Franklin Jr. High School parking lot, Parks and Recreation Department bleachers, picnic tables, and trash cans, permission to locate street banners and to sell food as a fund raiser for a job fair that will be held November 19, 1983. The job fair is being co-sponsored by the San Bernardino Boy's Club and Carter Memorial churdh of God in Christ. (S-4) Mr. Ruben C. Herndon was present to answer questions and re- quested $1,500 from the City as "seed money". City Administrator Matzer presented a cost estimate from Annie Ramos, Director of Parks, Recreation and Community Services Depart- ment, for use of picnic tables and bleachers. The Council discussed the request. It was explained that the City has no jurisdiction over the use of Franklin Jr. High School. Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to authorize the use of Parks, Rec- reation and Community Services Department bleachers, picnic tables, and trash cans and grant permission to place street banners at Baseline and Muscott, Highland and Muscott, Mt. Vernon and Baseline, and Ninth and Mt. Vernon; refer the request for the $1,500 to the Ways and Means Committee, and authorize the Mayor, with the approval of the City Attorne~, to execute the agreement for funds up to $1,500 and the app11cant is to cover all fees charged by the City. PARADE APPLICATION - SAN GORGONIO HIGH SCHOOL HOMECOMING PARADE - NOVEMBER 10, 1983 Pursuant to the recommendation of the Chief of police, Council Member Hernandez made a motion, seconded by Council Member Casta- neda and unanimously carried, that the application of the San Gor- gonio High School to conduct a homecoming parade on November 10, 1983, at 3:00 p.m., be approved. (S-l) LITTLE LEAGUE BASEBALL, INCORPORATED - COSTS INCURRED - WESTERN REGIONAL LITTLE LEAGUE TOURNAMENT In a letter dated October 27, 1983, Thomas C. Boyle, Western Regional Director of Little League Baseball, Incorporated, thanked the City for financial assistance in the amount of $3,500 and out- lined the costs incurred. (S-2) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the letter from Thomas C. Boyle, Western Regional Director of Little League Baseball, Incoporated, be filed. --Ur"\UT.O'L-rmmA :n.T1IJ1~(YQTJI:a.y ii'O'R 'T'l-tH' U7\'L'tP----- - ~_ _~^~PED JOINT POWERS AGREEMENT In a memorandum dated November 3, 1983, Annie Ramos, Director of Parks, Recreation, and Community Services, requested that the City Attorney be directed to prepare a resolution to amend the Authority for the Handicapped Joint Powers Agreement, in order to establish voting alternates for appointees. (S-3) Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the City Attorney's Office be directed to prepare the appropriate documents for the adoption of the amendment to the Authority for the Handicapped Joint Powers Agreement. - 31 - 11/7/83 ADJOURN MEETING At 5:40 p.m., Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the meeting be adjourned. City'Clerk Approved the 21st of November, 1983. Mayor of the City of San Bernardino - 32 - 11/7/83