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HomeMy WebLinkAbout11-21-1983 Minutes City of San Bernardino, California November 21, 1983 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb on Monday, November 21, 1983, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. INVOCATION The Invocation was given by Olen Jones, City Chaplain. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Frazier. 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. WALK-A-THON - APRIL 29, 1984 - INLAND COUNTIES CHAPTER, MARCH OF DIMES Pursuant to the recommendation of the Chief of POlice, Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that the application submitted by the March of Dimes to hold a Walk-a-Thon on April 29, 1984, be approved. (2) COUNCIL PERSONNEL COMMITTEE REPORT The Council Personnel Committee report dated November 10, 1983 was presented by Council Member Hernandez, Chairman of the Council Personnel Committee. Items that were discussed at the Council Personnel Committee meeting include requests to fill positions in the Public Buildings Division and personnel actions. (3) Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that the report from the Council Personnel Committee be filed. CLAIMS AND PAYROLL Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, to approve demands against the City and authorize the issuance of warrants as follows: (4) 1. Approve the register of demands dated: September 26, 1983 October 3, 1983 October 10, 1983 October 17, 1983 October 24, 1983 October 31, 1983 November 7, 1983 #83/84 #83/84 #83/84 #83/84 #83/84 #83/84 #83/84 $500,189.35 $741,797.16 $593,348.84 $426,034.05 $549,395.59 $620,657.70 $626,239.46 2. Approve the total gross payroll for the period October 3, 1983 through October 16, 1983, in the amount of $988.68. 3. Approve the total gross payroll for the period October 17, 1983 through October 30, 1983, in the amount of $1,030,132.30. APPROVE MINUTES - NOVEMBER 7, 1983 Council Member Marks made a motion, seconded by Council Member Quiel, to amend the minutes of November 7, 1983 by chang- ing the maker of the motion on page 23, Item 35, from Council Member Quiel to Council Member Castaneda, and to add the follow- ing "for subscribers of Mt. Shadows Cable TV Company" to the end of the motion made by Council Member Marks on Item 17a, page 10, and that the minutes be approved as amended. (1) The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: None. Abstain: Council Member Strickler. PERSONNEL ACTIONS Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that the Personnel Actions submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernar- dino, be approved and ratified as follows: (5) APPOINTMENT Parks, Recreation and Community Services Billy R. Byrd - Tree Trimmer Effective November 8, 1983 TEMPORARY APPOINTMENTS Parks, Recreation and Community Services Senior Recreation Leader - Effective November 22, 1983 Michael T. Lee Beverly K. Overton Recreation Specialist - Barbara L. Boggust Evelyn Reynosa Effective November 22, 1983 Steve R. Landrus Melvin S. Whyte Recreation Leader - Effective November 22, 1983 Deirdre L. Brown Margo M. Deleon Roseann Segura Constantine Costakes Tracy S. Houston Cynthia S. Villegas patricia Y. Pennington - Recreation Aide Effective November 22, 1983 PROMOTIONAL APPOINTMENTS Public Services/Street Kim L. Burgett - from Street Tree Coordinator (Parks, Recreation & Community Services) to Abatement/Tree Aide (Public Services) - Effective November 22, 1983 Elias Q. Shehab - Construction & Maintenance Leadman to Maintenance Supervisor (MM) - Effective November 22, 1983 PROVISIONAL APPOINTMENT Finance David E. Reid - Accountant Effective November 21, 1983 RECLASSIFICATIONS Public Services/Street Henry F. Adame - Utility I to Maintenance Worker I Effective November 22, 1983 - 2 - 11/21/83 william L. Clemann - Utility I to Maintenance Worker I Effective November 22, 1983 George P. Gonzales - Construction & Maintenance Foreman (MM) to Maintenance Supervisor (MM) - Effective November 22, 1983 Eddie L. Harris - Utility I to Maintenance Worker I Effective November 22, 1983 Frank Montano - Construction & Maintenance Leadman to Maintenance Worker III - Effective November 22, 1983 Ernest F. Montoya - Utility II to Maintenance Worker II Effective November 22, 1983 Manuel Ortiz - General Foreman (M) to Public Services Supervisor (M) - Effective November 22, 1983 Robert Parker - Utility I to Maintenance Worker I Effective November 22, 1983 Jesse L. Pennington - Construction & Maintenance Leadrnan to Maintenance Worker III - Effective November 22, 1983 Theodore Quiroz - utility I to Maintenance Worker I Effective November 22, 1983 Darrell E. Townsend - Utility II to Maintenance Worker II Effective November 22, 1983 From utility I to Maintenance Worker - Effective November 22, 1983 Kevin D. Chatham Salvador L. Jimenez Peter W. Marshall utility I to Maintenance November 22, 1983 Frank Flethez Maurice T. McKnight Worker I - Effective Eddie L. Kelley Joaquin R. Negrete Utility II to Maintenance Worker II - Effective November 22, 1983 Vincent E. Carter William C. Stewart Alex Gonzales Utility II to Maintenance November 22, 1983 Adolfo R. Arellano Harold o. Phillips David Montiel Dany R. Nolfo Felix M. Alvarado John R. Gabaldon Donald K. Jackson Michael A. Mena Irvin C. Robinson Worker II - Effective Jerry Morana Vernon Hampton Willie L. Moore Albert L. Williams Ruben R. Colunga Jonathan G. Hack Luciano Marquez Arturo S. Munoz Raymond L. Vidaurri Construction & Maintenance Leadrnan to Maintenance Worker III - Effective November 22, 1983 Anastacio Cruz Charles L. Gabaldon Anselmo Gutierrez Daniel M. Moreno - 3 - 11/21/83 Construction & Maintenanc~ Foreman (MM) to Maintenance Supervisor (MM) - Effective November 22, 1983 Rudy B. Cabrera Faustino Chavez Vincent M. Padilla TRANSFER/RECLASSIFICATION Public Services/Street Joseph M. Horton - Assistant Tree Trimmer (Parks, Recreation & Community Services) to Maintenance Worker II (Public Services/Street) - Effective November 22, 1983 Oland K. Klein - Tree Crew Leadman (Parks, Recreation & Community Services) to Maintenance Worker III (Public Services/Street) - Effective November 22, 1983 Harold P. Martinez - Street Tree Supervisor (MM) (Parks, Recreation & Community Services) to Maintenance Supervisor (MM) (Public Services/Street) - Effective November 22, 1983 Joe A. Walker - Utility Worker I (Parks, Recreation & Community Services) to Maintenance Worker I (Public Services/Street) - Effective November 22, 1983 Michael S. Womack - Assistant Tree Trimmer (Parks, Recreation & Community Services) to Maintenance Worker II (Public Services/Street) - Effective November 22, 1983 Assistant Tree Trimmer (Parks, Recreation & Community Services) to Maintenance Worker II (Public Services/ Street) - Effective November 22, 1983 Dennis L. Minor Richard M. Rey APPEAL - PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 83-26 - EXPANSION OF EXISTING SCHOOL FACILITY - NORTHWEST CORNER OF LYNWOOD AND ARDEN AVENUES - CONTINUED FROM OCTOBER 24, 1983 This is the time and place continued to for a hearing on the appeal filed by Robert J. Carr of 5873 Hudson Avenue, Kay Wilshire and Randy and Patti Barger of 5859 Hudson Avenue, on the Plan- ning Commission's approval of Conditional Use Permit No. 83-26. The conditional use permit would allow the expansion of an exist- ing school facility on an existing church site at the northwest corner of Lynwood and Arden Avenues. The item was referred back to the Planning Commission for a report back to the Council at today's meeting. (6) The Planning Commission recommended approval of the Condi- tional Use Permit, subject to the conditions listed in the staff report dated September 6, 1982 with the following modification: (7) Conditions: 2. Playground use of the blacktop area shall be limited in accordance with the revised schedule provided by the applicant labeled Exhibit C, between the hours of 10:00 a.m. and 2:00 p.m. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the appeal hearing be closed and to approve the modified recommendation of the Planning Commission. Mr. Robert Carr, an area resident, requested to be heard. Council Member Hernandez made a motion, Member Frazier and unanimously carried, that be reconsidered. seconded by Council the previous action - 4 - 11/21/83 Mr. Carr requested a rotation of the playground area to re- duce the noise impact and asked that the trash bin be relocated. Frank Schuma, Planning Director, stated that Mr. Carr pre- sented his request before the Planning Commission but the Com- mission did not act in his favor. Mr. Bruce Herwig of the church, explained why the church is not in favor of rotating the parking lots and playgrounds. Council Member Castaneda made a motion, seconded by Council Member Quiel and unanimously carried, that the modified recom- mendation of the Planning Commission be approved and that the following condition be added: That the trash enclosure be located a minimum of 100 feet from existing residences. PLANNING COMMISSION RECOMMENDATIONS Frank Schuma, Planning Director, gave the Planning Report regarding the Planning Commission matters of the meeting of November 8, 1983. The following recommendations were made: That the application for Change of Zone No. 83-19, Norris Gregory, applicant, to change the land use zoning district from C-2 Community Commercial to C-3A Limited General Commercial for an irregularly- shaped parcel of land consisting of approximately 5.02 acres located at the northeast corner of 40th Street and North Mountain View Avenue, be recom- mended for approval. (8) Council Member Marks made a motion, seconded by Council Mem- ber Castaneda 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 Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, to approve the findings of fact and the recommendation of the Planning Commission and direct the City Attorney to prepare the necessary amendments to the zon- ing ordinance. That the application for Change of Zone No. 83-23, Rick Lazar, applicant, to change the land use zoning district from C-3A Limited General Commercial to M-l Light Industrial for an irregularly-shaped parcel of land consisting of approximately 1.39 acres having a frontage of approximately 270 feet on the south side of Mill Street and being located approximately 985 feet east of the centerline of Gifford Street, be recommended for approval. (9) Council Member Castaneda made a motion, seconded by Council Member Strickler 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 Castaneda made a motion, seconded by Council Member Strickler and unanimously carried, to approve the findings of fact and the recommendation of the Planning Commission and direct the City Attorney to prepare the necessary amendments to the zoning ordinance. - 5 - 11/21/83 That the application for Change of Zone No. 83-24, Frank Schnetz, applicant, to change the land use zoning district from M-l Light Industrial to C-M Commercial-Manufacturing for an irregularly-shaped parcel of land consisting of approximately 1.66 acres having a frontage of approximately 280 feet on the east side of Waterman Avenue and being lo- cated approximately 800 feet north of the centerline of Mill Street, be recommended for approval. (10) Frank Schuma, Planning Director, answered questions regard- ing the uses approved for this property and stated that the de- veloper would be required to submit a review of plans. Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, to approve the responses to comments and to adopt the Negative Declaration for environ- mental review which has been reviewed and considered. Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, to approve the findings of fact and the recommendation of the Planning Commission and direct the City Attorney to prepare the necessary amendments to the zoning ordinance. That the application for Change of Zone No. 83-22, John O'Keefe, applicant, to change the land use zoning district from R-3-3000 Multiple Family Resi- dential to PRD-14U Planned Residential Development at 14 dwelling units per acre for an irregularly- shaped parcel of land consisting of approximately six acres having a frontage of approximately 701 feet on the east side of Tippecanoe Avenue and be- ing located approximately 520 feet south of the centerline of Base Line Street, be recommended for approval. (11) The Planning Director explained that the zone change for this property is necessary in order to comply with the PRO standards. Council Member Reilly made a motion, seconded by Council Member Strickler 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 Reilly made a motion, seconded by Council Member Strickler and unanimously carried, to approve the findings of fact and the recommendation of the Planning Commission and direct the City Attorney to prepare the necessary amendments to the zoning ordinance. That the application for General Plan Amendment No. 83-2, to evaluate amending the General Plan from the current General Commercial, General Industrial, Med- ium-High Density Residential (15-36), Medium-Low Density Residential (4-7), and Educational designa- tions to the following designations: Medium-High Density Residential, Educational or other designa- tions that the legislative body may deem appropriate for property consisting of approximately 50 acres bounded by Mill Street on the north, "J" Street on the west, Grant Avenue on the south and Interstate 215 on the east, be recommended for approval of Alternative 4 (Exhibit VI), as contained in the staff report dated October 4, 1983. (12) - 6 - 11/21/83 Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, to approve the responses to comments and to adopt the Negative Declaration for environ- mental review which has been reviewed and considered. Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, to approve the find- ings of fact and the recommendation of the Planning Commission. PROTEST HEARING - VACATION OF GEORGIA BOULEVARD, BETWEEN SHENANDOAH AND SARATOGA WAY - CONTINUED FROM NOVEMBER 7, 1983 This is the time and place continued ing on the vacation of Georgia Boulevard, Saratoga Way. to for a protest hear- between Shenandoah and (13) Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that the vacation of Georgia Boulevard, between Shenandoah and Saratoga Way, be continued until the afternoon session. REQUEST FOR RECONSIDERATION OF COUNCIL ACTION - CLOSURE OF ARROWHEAD AVENUE AT KENDALL DRIVE - FAIRCHILD - CONTINUED FROM NOVEMBER 7, 1983 This is the time and place continued to for a request from Bill Fairchild that the Council action taken on September 19, 1983, closing Arrowhead Avenue at Kendall Drive be reconsidered. At the Council Meeting of November 7, 1983, an ad hoc committee was established for the holding of a public hearing on the closure of Arrowhead Avenue at Kendall Drive. (15) Council Member Quiel, Chairman of the Ad Hoc Committee on the closure of Arrowhead Avenue and Kendall Drive, reported on the Committee's activities to date and made a motion to continue this item until Monday, December 5, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. After discussion, Council Member Castaneda made a substitute motion, seconded by Council Member Hernandez and unanimously carried, that the ad hoc committee report on the closure of Arrow- head Avenue at Kendall Drive be continued until the afternoon session. APPEAL HEARING - CONDITIONAL USE PERMIT NO. 671 - 4397 NORTH SIERRA WAY - MORELLI - CONTINUED FROM OCTOBER 24, 1983 This is the time and place continued to for a hearing on the appeal filed by Kenneth Morelli on the conditions of approval imposed by the Planning Commission on Conditional Use Permit 671. The conditional use permit allows dancing and live entertainment in an existing beer bar at 4397 North Sierra way. The conditions were imposed by the Planning Commission as an alternative to re- voking the conditional use permit. (16) At the Council meeting of October 24, 1983, the appeal was continued to allow the Planning Commission to clarify their findings and to give the appellant all due process rights he feels he did not have at the time of the Planning Commission hearing. Frank Schuma, Planning Director, stated that this matter will come before the Planning Commission on Tuesday, November 22, 1983 and recommended a continuance. Council Member Castaneda made a motion, seconded by Council Member Quiel and unanimously carried, that the hearing on the appeal filed by Kenneth Morelli on conditions of approval for Conditional Use Permit No. 671 be continued to Monday, December 5, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. - 7 - 11/21/83 RECOMMENDATION FROM COUNCIL PERSONNEL COMMITTEE - INEQUITY WAGE ADJUSTMENTS - CONTINUED FROM NOVEMBER 7, 1983 This is the time and place continued to for a the Council Personnel Committee on the matter adjustments. recommendation of inequity (17) from wage Council Member Hernandez, Chairman of the Council Personnel Committee, presented the report on inequity wage adjustments and stated that the committee recommendation would be referred to the Ways and Means Committee for their consideration and also spoke regarding the proposed unionization of mid-management employees. Mayor Holcomb objected to a continuance due to excessive use of staff time and morale problems caused by delaying a deci- sion on the wage adjustments. He stated that he would order the City Administrator to prepare his own recommendations and present them to the full Council. Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the report from the Council Personnel Committee on inequity wage adjustments be con- tinued to Monday, December 5, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INCREASE CHARGES - PHOTOCOPYING PUBLIC DOCUMENTS - CONTINUED FROM NOVEMBER 7, 1983 This is the time and place continued to for a recommendation from the City Clerk that fees for photocopying public documents be increased from 109 per page to $1.00 for the first page and 109 per page thereafter and to institute a charge of $2.00 per certification. (18) Council Member Marks made a motion, seconded by Council Mem- ber Hernandez, that the charges of 109 a page remain as they are. Mayor Holcomb supported the recommendation for increasing the fees. The motion carried by the following vote: Ayes: Members Castaneda, Hernandez, Marks, Frazier. Noes: Members Reilly, Quiel, Strickler. Absent: None. Council Council Mayor Holcomb vetoed the motion as it subsidizes special interest groups. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that the City Attorney be requested to prepare the necessary changes to Resolution No. 12319 to increase the fees for photocopying public records from 109 per page to $1.00 for the first page and 109 per page thereafter, and to institute a charge of $2.00 per certification. The motion failed by the following vote: Ayes: Council Members Reilly, Quiel, Strickler. Noes: Council Members Castaneda, Hernandez, Marks, Frazier. Absent: None. REPORT - 6,000 SQUARE FOOT LOTS, ENHANCED STANDARDS FOR R-1-7200 ZONING - CONTINUED FROM OCTOBER 24, 1983 This is the time and place continued to for a Municipal Code revision reflecting changes relative to minimum unit sizes for the R-l, R-3 and PRD zones and to include provisions for the ap- proval of conditional use permit, R-3 and PRO zones. (19) A letter dated November 16, 1983 was received from R. T. Hebard, General Partner of Nu-Tech Developers, objecting to the proposed amendments. The Planning Director referred to an ordinance which had been previously distributed. - 8 - 11/21/83 Mr. Garry Brown of the Building Industry Association, urged the Council not to adopt the ordinance presented by the Planning Director as it would have detrimental effects on supply of afford- able housing. He suggested that the Council adopt an alternate ordinance prepared by Mr. Joe Bonadiman. The Planning Director explained the history of the minimum unit size ordinance. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that the October 18, 1983 ordinance presented by Frank Schuma, Planning Director, along with the ordinance pre- pared by Joe Bonadiman, be referred to the Planning Commission for review and recommendations back to the Council. Council Member Marks made an amendment to the motion, seconded by Council Member Hernandez, to include as part of the motion that the Planning Department be instructed to put a public notice on the Metro page of the San Bernardino Sun newspaper in such a manner as to adequately inform the public of the proposed ordinance. The amendment to the motion carried unanimously. Council Member Quiel's motion to refer the October 18, 1983 ordinance presented by the Planning Director along with the or- dinance prepared by Joe Bonadiman to the Planning Commission for review and recommendations back to the Council carried unanimously. The Planning Director stated that this matter would not be back to the Council until January of 1984. PUBLIC NUISANCE ABATEMENT - S & S MEAT PRODUCTS COMPANY - 1389 WEST MILL STREET - CONTINUED FROM OCTOBER 10, 1983 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. The matter was continued to allow the filing of a project report. (20) Frank Schuma, Planning Director, stated that S & S Meat Products Company has located an alternate site that the Planning Department feels is an appropriate location for this business. Attorney Ken Skousen and Jim Sherratt, owner of S & S Meat Products Company, were present. Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that this matter be continued until the afternoon session to allow Council Member Hernandez to review the site. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez was excused from the Council Meeting. HYDROELECTRIC PROJECT FACILITIES - SOUTHERN CALIFORNIA EDISON COMPANY OWNERSHIP In a memorandum dated November 16, 1983, Mayor Holcomb mended support of Southern California Edison's position to ownership 0.f its hydroelectric project facilities. recom- retain (21) In a letter dated November 3, 1983, Sue Noreen, Area Manager of Southern California Edison Company, stated that Southern Cali- fornia Edison Company currently owns and operates 21 hydroelectric projects in the State of California which enables Edison to pro- vide reliable and efficient service to its customers by utilizing the benefits of falling water. She stated in her letter that the hydroelectric projects may be taken away by the government-owned utilities and if the benefits of hydro projects are lost to Edison's customers, increases in the cost of their electricity - 9 - 11/21/83 will result as this power is replaced by more expensive sources. Edison is committed to retaining ownership of its hydro projects in order to provide the fullest possible utilization of resources to the greatest number of individuals. Ms. Noreen is requesting in her letter the City's endorsement in accomplishing this com- mitment in the form of a resolution. Mayor Holcomb explained his recommendations. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the City Attorney be instructed to prepare the appropriate resolutions of support in Southern California Edison Company's endeavor to retain ownership of its hydroelectric project facilities. POLICE DEPARTMENT PUBLIC RELATIONS ANALYSIS REPORT - HUGHES-HEISS & ASSOCIATES Mayor Holcomb recommended in a memorandum dated November 16, 1983, that Hughes-Heiss & Associates be contracted with to pro- vide the City with an updated analysis of the Police Department's approach to the community and public relations. (22) Council Member Quiel made a motion, seconded by Council Member Frazier and unanimously carried, that the Mayor and Com- mon Council instruct the City Attorney to prepare the appropriate resolutions to contract with Hughes-Heiss & Associates for prep- aration and submittal of a public relations analysis report. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. NUNEZ PARK FACILITY - RUBEN CAMPOS COMMUNITY CENTER Council Member Castaneda recommended in a memorandum dated November 1, 1983, that the recreation facility at Nunez Park be named the Ruben Campos Community Center as Ruben Campos worked hard at setting up sports programs for the youth of the Westside, spent many hours with the youth on weekends for the past thirteen years helping them to set up programs and tournaments for the benefit of those in the community and that he is an unselfish, dedicated and devoted individual who enjoys many hours at the recreation facility counseling the youth of the area. (23) Council Member Castaneda made a motion, seconded by Council Member Quiel and unanimously carried, that the City Attorney be instructed to prepare a resolution to name the recreational facility at Nunez Park "Ruben Campos Community Center". WAYS AND MEANS COMMITTEE REPORT - FUNDING - DO FOR SELF JOB FAIR Council Member Strickler presented the Ways and Means Com- mittee report dated November 9, 1983. The request of the San Bernardino Boys' Club for funding a Do For Self Job Fair was discussed and the Ways and Means Committee recommended that fund- ing of $1,500 be allocated with the conditions that the contract documents meet approval of the City Attorney and City Adminis- trator. The Committee also recommended that the allocation be funded from the San Bernardino Employment Training Administra- tion funds if legally possible. (24) Council Member Strickler made a motion, seconded Member Quiel and unanimously carried, that the report Ways and Means Committee be filed. by Council from the - 10 - 11/21/83 WAYS AND MEANS COMMITTEE REPORT - AMERICAN YOUTH SOCCER ORGANIZATION FUNDING - ALTERNATE FINANCING FOR DOWNTOWN PARKING - FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM Council Member Strickler, Acting Chairman of the Ways and Means Committee, presented the Ways and Means Committee report of November 17, 1983. Items discussed were funding for the American Youth Soccer Organization, alternate financing for down- town parking and the five-year capital improvement program. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the Ways and Means Committee report be filed. LEGISLATIVE REVIEW COMMITTEE REPORT - QUARRY TILE - ZONING PROVISIONS - POLICY ON PUBLIC RECORD INFORMA- TION Council Member Quiel, Acting Chairman of the Legislative Re- view Committee, presented the Legislative Review Committee report of November 10, 1983. The following recommendations were made: (25) Approval of the proposed ordinance authorizing the use of patterned concrete in sidewalk and parkway construction and prohibiting the use of quarry tile or ceramic tile in such facilities. Approval of the proposed ordinance providing that violation of the zoning ordinance is an infraction. Approval of the procedure for public records in- spection as advised by the League of California Cities and approval of proposed changes to in- crease photocopying fees for public records from 109 per page to $1.00 for the first page and 109 per page thereafter and the institution of a $2.00 charge per certification. Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the report from the Legislative Review Committee be filed. REPORT - ECONOMIC DEVELOPMENT COUNCIL'S PROMOTIONAL BOOK FUNDS Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the report from the City Attorney regarding the Economic Development Council's promotional book funds be continued to Monday, December 5, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (26) REQUEST FOR PROPOSALS - ALTERNATE METHODS OF TRANS- PORTATION SERVICES IN THE CITY OF SAN BERNARDINO John Matzer, City Administrator, presented in a memorandum dated November 17, 1983, a draft of a request for proposals for the possible hiring of a consultant to evaluate alternate methods of providing transit service in the City. (27) Council Member Marks made a motion, seconded by Council Mem- ber Castaneda, that the draft of a request for proposals for the possible hiring of a consultant to evaluate alternate methods of providing transit service in the City be continued to Monday, December 5, 1983 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and referred to the Trans- portation Committee. Mayor Holcomb referred to a report from SCAG concerning the costs to the City of establishing its own transit system. The motion carried unanimously. - 11 - 11/21/83 CITY NURSERY - SALE OF STOCK In a memorandum dated November 17, 1983, John Matzer, City Administrator, recommended that a public sale of the City nursery stock be conducted as efforts to dispose of the nursery stock have not been successful. (28) Council Member Olliel made a motion, seconded by Council Mem- ber Marks and unanimously carried, that the public sale of the City nursery stock be authorized to be held December 9, 10 and 11, 1983. BLUE CROSS HEALTH INSURANCE PLAN AMENDMENT Roger DeFratis, Acting Personnel Director, stated in a memo- randum dated November 18, 1983, that the Insurance Committee, which consists of representatives from all bargaining units, have recommended that the Dental Health Plan be offered to City em- ployees as an alternate to the city's present Mission Dental Plan at no additional cost to the City, that Inland Health Plan be offered to City employees as an alternate to the City's self- insured Blue Cross and Kaiser Plans with no change in the City's contribution, and to change the present coverage to the follow- ing plan: (29) $50.00 deductible 80%/20% ratio for room and board paid at average of local semi-private rooms to a maximum of $2,500.00. Professional fees paid at 100% Rates: Employee $ 57.25 Two person coverage $120.25 Three or more $153.05 The Acting Personnel Director further stated in his memoran- dum that Robert Clark, consultant from the Epler Company, has recommended the following: Change stop-loss insurance by adding an aggregate stop-loss at 125% costing $10. 23/employee/month. Presently stop-loss insurance costs are $10.75/ employee/month. Continue claims administration by Foundation for medical care at $6.00 per month per employee, which is the most competitive rate. Mr. Robert Clark, consultant from the Epler Company, ex- plained his recommendations as set forth in the letter from the Acting Personnel Director. A report dated November 18, 1983 was received from the Epler Company summarizing their findings and recommendations regarding the City of San Bernardino's employee medical plans and was dis- cussed by the Council. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the recommendations from the Insurance Committee be continued to Tuesday, November 29, 1983, at 3:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez was excused from the Council Meeting. - 12 - 11/21/83 REQUEST FOR PARKING SPACES - FIVE-LEVEL PARKING STRUCTURE - DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING Council Member Frazier made a motion, seconded by Council Member Reilly and unanimously carried, that the request by the Department of Fair Employment and Housing for three designated parking spaces in the basement level of the five-level parking structure be continued to Monday, December 5, 1983, in the Coun- cil Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (30) REQUEST FOR PAYMENT - AAA PAVING COMPANY - STREET IMPROVEMENTS A letter dated November 10, 1983 was received from Joe L. Vick, President of AAA Paving Company, requesting payment for work his company has completed on fill-in street improvements at 27 various locations within the City. (31) In a memorandum dated November 16, 1983, Roger Hardgrave, Director of Public Works/City Engineer, recommended that the claim filed by AAA Paving Company for payment be denied as more work was completed by the contractor than actually needed. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez 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. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that this matter be dis- cussed in Closed Session due to the possibility of litigation. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel was excused from the Council Meeting. MILL CENTER RECREATION FACILITY - CORRECTIVE WORK - RON ROBERTS & ASSOCIATES Roger Hardgrave, Director of Public Works/City Engineer, requested in a memorandum dated November 16, 1983 that the City Attorney be authorized to notify the bonding company of Ron Roberts & Associates that the corrective work on the Mill Center Recreation facility has not been satisfactorily completed within the stipulated time, that portions of the work are unsatisfactory and to complete the project within 30 days. (32) Council Member Frazier made a motion, seconded by Council Member Castaneda and unanimously carried, that this matter be discussed in Closed Session due to the possibility of litigation. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. APPOINTMENT - CARRIER - PARK AND RECREATION COMMISSION Pursuant to the recommendation of Council Member Hernandez, Mayor Holcomb appointed patricia Carrier of 2438 West Spruce Street, to serve as a member on the Park and Recreation Commission. (33) Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the appointment be confirmed. - 13 - 11/21/83 COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier was excused from the Council Meeting. APPOINTMENT - ORONOZ - UPTOWN CITIZENS ADVISORY COMMITTEE Pursuant to the recommendation of Council Member Hernandez, Mayor Holcomb appointed James Oronoz of 15420 Facilidad Street, Hacienda Heights, to serve as a member of the uptown citizens Advisory Committee. Council Member Reilly made a motion, seconded by Council Member Hernandez, that the appointment be confirmed. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Strickler. Noes: None. Absent: Council Member Frazier. Abstain: Council Member Quiel. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez was excused from the Council Meeting. WAIVE READINGS - RESOLUTIONS The City Clerk read the title of all the resolutions on the agenda. Council Member Castaneda made a motion, seconded by Council Member Frazier and unanimously carried, that further reading of all the resolutions on the agenda be waived. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING TO G.T.E. SPRINT COMMUNICATIONS CORPORATION A FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE COMMUNICATIONS CONDUIT WITHIN THE CITY OF SAN BERNARDINO. (Continued from November 7, 1983) (34) This resolution was continued to this date in order for staff to determine Sprint requirements to pay utility taxes and business license taxes. City Administrator Matzer stated that the City has been contacted by a representative from Sprint and that a meeting will have to be held because Sprint is taking issue with the City's authority to require them to collect utility tax. Don Zimmerman from Marmac Engineering in Cypress, the en- gineer for Sprint, asked the City to grant the franchise stating that it is a separate issue from utility tax. Council Member Marks made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the resolution be tabled. RES. 83-384 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE FY 1983/84 PROJECT PROPOSALS WITH THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS FOR $24,700.00 OF FUNDS APPORTIONED PURSUANT TO CALIFORNIA PUBLIC UTILITIES CODE, SECTION 99233.3, COMMONLY REFERRED TO AS SENATE BILL 821, FOR BI- CYCLE AND PEDESTRIAN FACILITIES. (35) - 14 - 11/21/83 Council Member Strickler made a.motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 83-384 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-385 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT TO SCC GENERAL CONTRACTORS FOR CONSTRUCTION OF SIDEWALK AT FOUR LOCATIONS. (Portions of Mill Street, Waterman Avenue, Palm Avenue and Genevieve Street) (41) Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 83-385 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-386 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT FOR THE FURNISHING AND DE- LIVERING OF ONE 3/4 TON CREW CAB TRUCK IN ACCORDANCE WITH SPECIFICATION NO. F-83-2l. (GMC Truck & Coach) (43) Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 83-386 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the sum of $1,115 be transferred from Account 01-213-219 (Equipment Reserve) to Account 01-232-800 to cover cost of purchase of one 3/4 ton crew cab truck. RES. 83-387 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING A MEMORANDUM OF UNDERSTANDING BE- TWEEN THE CITY OF SAN BERNARDINO AND THE FIRE FIGHTERS UNION, LOCAL 891 (FIRE SAFETY EMPLOYEES), COMMENCING OCTOBER 1, 1983 AND TERMINATING JUNE 30, 1984. (42) Council Member Castaneda made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-387 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ- ING THE CLOSURE OF THE EAST/WEST ALLEY, BETWEEN THE 5700 BLOCK OF ELECTRIC AVENUE AND PERSHING AVENUE. (40) The Council discussed the need to establish a notification procedure for the closure of streets and alleys. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the resolution be continued for a public hearing to be held Monday, December 19, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and that the Planning Department be instructed to send notification to all surrounding property owners. - 15 - 11/21/83 RES. 83-388 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH AMERICAN YOUTH SOCCER ORGANIZATION RELATING TO FUND- ING FOR THE CONSTRUCTION OF AN IRRIGATION SYSTEM AND LANDSCAPING FOR A SOCCER FIELD. (44) Council Member Marks made a motion, seconded by Council Mem- ber Frazier, that said resolution be adopted. Resolution No. 83-388 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. RES. 83-389 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ROLLING START, INC., RELATING TO FUNDING TO PROVIDE SERVICES TO THE DEAF. (45) Council Member Marks made a motion, seconded by Council Mem- ber Frazier, that said resolution be adopted. Resolution No. 83-389 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. RES. 83-390 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH BOYS' CLUB OF SAN BERNARDINO, INC. RELATING TO FUNDING FOR THE PURPOSE OF SPONSORING A "DO FOR SELF JOB FAIR". (46) Council Member Marks made a motion, seconded by Council Mem- ber Frazier, that said resolution be adopted. Resolution No. 83-390 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. RES. 83-391 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION. . .ESTABLISHING A BASIC COMPENSATION PLAN. . .", DELETING THE CLASSIFICATIONS OF GENERAL FOREMAN, CONSTRUCTION AND MAINTENANCE FOREMAN, STREET TREE SUPERVISOR, CONSTRUCTION AND MAINTE- NANCE LEADMAN, ASSISTANT TREE TRIMMER, UTILITY II, UTILITY I, STREET TREE COORDINATOR, HUMAN RELA- TIONS ASSISTANT, AND TREE CREW LEADMAN, AND ADDING THE CLASSIFICATIONS OF PUBLIC SERVICES SUPERVISOR, MAINTENANCE SUPERVISOR, MAINTENANCE WORKER III, MAINTENANCE WORKER II, MAINTENANCE WORKER I, AND TREE AND ABATEMENT AIDE. (47) Council Member Marks made a motion, seconded by Council Mem- ber Frazier, that said resolution be adopted. Resolution No. 83-391 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. - 16 - 11/21/83 RES. 83-392 - 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. . .", CREATING THE STREET TREES SECTION AND THE ABATEMENT SECTION IN THE PUBLIC SERVICES DIVISION, ADDING THE POSITIONS OF PUBLIC SERVICES SUPERVISOR, MAINTENANCE SUPERVISOR, MAIN- TENANCE WORKER III, MAINTENANCE WORKER II, MAIN- TENANCE WORKER I, AND TREE AND ABATEMENT AIDE, DELETING THE POSITIONS OF GENERAL FOREMAN, CON- STRUCTION AND MAINTENANCE FOREMAN, CONSTRUCTION AND MAINTENANCE LEADMAN, UTILITY II, AND UTILITY I IN THE PUBLIC SERVICES DIVISION, ADDING AND DELETING CERTAIN POSITION TITLES IN THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT AND IN THE PUBLIC SERVICES DIVISION IN ACCORDANCE WITH PERSONNEL AC- TIONS AND BUDGETARY AUTHORIZATIONS PREVIOUSLY AP- PROVED BY THE LEGISLATIVE BODY, AND REPEALING SUB- SECTION 4.l6D. (48) Council Member Marks made a motion, seconded by Council Mem- ber Frazier, that said resolution be adopted. Resolution No. 83-392 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. RES. 83-393 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING EXECUTION OF A NEW AGREEMENT AND- RELEASE OF THE EXISTING AGREEMENT RELATING TO THE IMPROVEMENTS TO BE INSTALLED IN TRACT NO. 11741, LOCATED SOUTH OF NORTHPARK BOULEVARD, NORTH OF 48TH STREET AND WEST OF LITTLE MOUNTAIN DRIVE. (Barratt Northern California, Inc.) (36) Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda, that said resolution be adopted. Resolution No. 83-393 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-394 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING EXECUTION OF A NEW AGREEMENT AND RELEASE OF THE EXISTING AGREEMENT RELATING TO THE IMPROVEMENTS TO BE INSTALLED IN TRACT NO. 11742, LOCATED SOUTH OF NORTHPARK BOULEVARD, NORTH OF 48TH STREET AND WEST OF LITTLE MOUNTAIN DRIVE. (Barratt Northern California, Inc.) (37) Council Member Olliel made a motion, seconded by Council Mem- ber Castaneda, that said resolution be adopted. Resolution No. 83-394 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-395 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING EXECUTION OF A NEW AGREEMENT AND RELEASE OF THE EXISTING AGREEMENT RELATING TO THE IMPROVEMENTS TO BE INSTALLED IN TRACT NO. 11743, LOCATED SOUTH OF NORTHPARK BOULEVARD, NORTH OF 48TH STREET AND WEST OF LITTLE MOUNTAIN DRIVE. (Barratt Northern California, Inc.) (38) Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda, that said resolution be adopted. - 11 - 11/21/83 Resolution No. 83-395 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-396 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING EXECUTION OF A NEW AGREEMENT AND RELEASE OF THE EXISTING AGREEMENT RELATING TO THE IMPROVEMENTS TO BE INSTALLED IN TRACT NO. 11744, LOCATED SOUTH OF NORTHPARK BOULEVARD, NORTH OF 48TH STREET AND WEST OF LITTLE MOUNTAIN DRIVE. (Barratt Northern California, Inc.) (39) Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda, that said resolution be adopted. Resolution No. 83-396 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. 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. COUNCIL MEMBER REILLY EXCUSED Council Member Reilly was excused from the Council Meeting. PUBLIC HEARING - PURCHASE OF PROPERTY - 566 NORTH LUGO AVENUE - YOUNG WOMEN'S CHRISTIAN ASSOCIATION - CONTINUED FROM NOVEMBER 7, 1983 This is the time and place continued to for a public hearing on the offer from the YWCA to purchase property located at 566 North Lugo Avenue. (R4) Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the public hearing be continued to Monday, December 5, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. SECURITY GUARD WAGE INCREASE - CENTRAL CITY MALL In a memorandum dated November 9, 1983, Glenda Saul, Acting Executive Director of the Redevelopment Agency, recommended that the salary of the Security Guards for the Central City Mall be increased as their contract states "The parties acknowledge that Agency shall hereafter be authorized to change the compensation for security personnel on the same basis that increases or de- creases are granted to the general class of employees of the City, effective as of such times as changes in compensation are effected for such employees". She further stated in her memo- randum that the City authorized salary increases for its general employees on October 11, 1983 retroactive from July 1, 1983. (R6) Glenda Saul, Acting Executive Director of the Redevelopment Agency, answered questions regarding the salary structure for security personnel. Council Member Castaneda made a motion, seconded by Council Member Quiel and unanimously carried, that the implementation of Section (g) to Security Guard Agreement dated March 28, 1983, - 18 - 11/21/83 providing for 4.5% salary increases to security personnel retro- active from July 1, 1983; a 2% salary increase effective January 1, 1984; and a 4.2% salary increase effective July 1, 1984, be approved. UPTOWN REDEVELOPMENT PROJECT AREA - PRELIMINARY PLAN In a memorandum dated November 14, 1983, Frank Schuma, Plan- ning Director, stated that the Preliminary Plan for the Uptown Redevelopment Project was referred back to the Planning Commis- sion with a request that they consider changing the density from 15-24 units per net acre to 15-36 units per net acre at the Coun- cil Meeting of October 24, 1983. In his memorandum, the Planning Director stated that the Planning Commission reaffirmed their original recommendation designating a density range of 15-24 units per acre. (R8) Council Member Quiel stated that he would abstain from dis- cussion and action on this matter as he owns property within the uptown Redevelopment Project Area. Council Member Reilly spoke regarding the preliminary plan which sets forth a density of 15-24 units and recommended that the density be increased to 15-36 units. The Council agreed to hold this matter over so the Planning Director could be present to answer questions. RES. 83-397 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEAR- ING (TRI-CITIES INVESTMENT COMPANY, COMMERCE PLAZA PROJECT), FOR DECEMBER 5, 1983. (R9) The City Clerk read the title of the resolution. The Mayor and Common Council discussed the 1% development fee. James W. Beebe, Bond Counsel, stated that the 1% charge would apply to all future financing or refinancing. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the resolution be amended by interdelineation to include a charge for the 1% re- quired for contribution to the industrial development bond re- serve and development fee fund, and that said resolution be adopted as amended. Resolution No. 83-397 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. PUBLIC HEARING - INDUSTRIAL DEVELOPMENT BOND FINANCING - COORS OF SAN BERNARDINO, INC. - 223 SOUTH "G" STREET This is the time and place set for a public hearing on the industrial development bond financing for Coors of San Bernardino Inc., for a development to be located at 223 South "G" Street. (RIO) Mayor Holcomb opened the hearing. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the hearing be closed. RES. 83-398 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING THE ISSUANCE BY THE CITY OF ITS "CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1983A (COORS OF SAN BERNAR- DINO PROJECT)" AND MAKING CERTAIN DETERMINATIONS RELATING THERETO (TEFRA). - 19 - 11/21/83 The City Clerk read the title of the resolution. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. Resolution No. 83-398 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. PUBLIC HEARING - INDUSTRIAL DEVELOPMENT BOND FINANCING - TRI-CITY INDUSTRIAL PARK, LTD - WEST OF TIPPECANOE AVENUE, SOUTH OF COOLEY AVENUE This is the time and place set for a public hearing on the industrial development bond financing for Tri-City Industrial Park, Ltd., for a development to be located west of Tippecanoe Avenue, south of Cooley Avenue. (Rll) Mayor Holcomb opened the hearing. Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the hearing be closed. Glenda Saul, Acting Executive Director of the Redevelopment Agency, stated that the 1% fee is included in the following resolutions. RES. 83-399 - RESOLUTION OF MAYOR AND COMMON COUN- CIL APPROVING INCREASE BY THE CITY OF ITS "CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMENT REVENUE NOTE, TRI-CITY INDUSTRIAL PARK - LTD. PROJECT 1981 SERIES (CONSTRUCTION LOAN)" AND MAKING CERTAIN DETERMINA- TIONS RELATING THERETO (TEFRA). The City Clerk read the title of the resolution. Council Member Castaneda made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said resolution be adopted subject to the 1% development fee. Resolution No. 83-399 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Olliel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-400 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AN INCREASE OF ITS CITY OF SAN BERNAR- DINO INDUSTRIAL PARK, LTD. PROJECT, 1981 SERIES (CONSTRUCTION LOAN), FOR THE PURPOSE OF PROVIDING FUNDS FOR THE ACQUISITION AND CONSTRUCTION OF SUCH PROJECT; AUTHORIZING SUCH FURTHER ACTION AS MAY BE NECESSARY TO CONCLUDE THE INCREASE OF SUCH NOTE; AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN RELATION THEREWITH. The City Clerk read the title of the resolution. Council Member Castaneda made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said resolution be adopted subject to the 1% development fee. - 20 - 11/21/83 Resolution No. 83-400 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. UPTOWN REDEVELOPMENT PROJECT AREA - PRELIMINARY PLAN - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for a recommendation from the Planning Commission that their original recommendation designating a density range of 15-24 units per acre for the Up- town Redevelopment Project Area be reaffirmed. (R8) Frank Schuma, Planning Director, answered questions stating that upon review, the Commission did not recommend the higher density but would support the mixed use concept. Council Member Reilly made a motion, seconded by Council Member Hernandez, to refer the Preliminary Plan for the Uptown Redevelopment Project Area back to the Planning Commission for recommendation and to consider the inclusion of the mixed use concept in the Uptown Redevelopment Project Area. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Quiel. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier was excused from the Council Meeting. SET PUBLIC HEARING - PURCHASE OF PROPERTY - TIPPECANOE AND GOULD STREETS -KANEY - SOUTHEAST INDUSTRIAL PARK PROJECT AREA A memorandum dated November 18, 1983 was received from Glenda Saul, Acting Executive Director of the Redevelopment Agency, stating that the Agency has received an offer from Wilfred Kaney to purchase 4.63 acres of land located at Tippecanoe and Gould Streets, and recommended that a public hearing be set to consider the sale of property. (R16) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that a public hearing be set for Monday, December 19, 1983, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, to consider the sale of Agency owned property to Kaney Foods. RES. 83-401 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FINDING THAT AN APPLICATION FOR INDUSTRIAL DEVELOPMENT BOND FI- NANCING HAS BEEN SUBMITTED PURSUANT TO THE PROVI- SIONS OF ORDINANCE NO. 3815 OF THE CITY FOR A CER- TAIN PROJECT, FINDING THAT SAID APPLICATION COMPLIES WITH THE PROVISIONS AND REQUIREMENTS OF SAID ORDI- NANCE NO. 3815; APPROVING SAID APPLICATION AND THE PROJECT TO WHICH IT REFERS; DIRECTING THE PREPARA- TION OF A PROJECT AGREEMENT, A RESOLUTION OF ISSU- ANCE AND SUCH OTHER LEGAL DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT SAID PROJECT AND PROVIDE FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS THEREFOR; AND MAKING CERTAIN OTHER FINDINGS AND DE- TERMINATIONS IN CONNECTION THEREWITH. (Kaney Foods Inc. ) (R19) The City Clerk read the title of the resolution. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. - 21 - 11/21/83 Resolution No. 83-401 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. 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 2:05 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. The matter was continued to allow Council Member Hernandez to review an alternate site for the company. (20) City Attorney Prince answered questions of the Council and stated that filing public nuisance complaints is not relevant in this stage of the procedures because of the legal implications which should be discussed in Closed Session. Council Member Castaneda made a motion, seconded by Council Member Quiel, that the abatement of the public nuisance located at 1389 West Mill Street be continued to Monday, December 19, 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, Quiel, Frazier, Strickler. Council Members Hernandez, Marks. Absent: None. Council Noes: PROTEST HEARING - VACATION OF GEORGIA BOULEVARD, BETWEEN SHENANDOAH AND SARATOGA WAY - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for a protest hearing on the vacation of Georgia Boulevard, between Shenandoah and Saratoga Way. (13) Council Member Olliel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the hearing be closed and the findings of fact as set forth in the memo from Roger G. Hardgrave, Director of Public Works/City Engineer, dated October 28, 1983, as to why that portion of Georgia Boulevard between Shenandoah Way and Saratoga Way is no longer necessary for present or prospective street purposes, be adopted, and that further read- ing of the following resolution be waived: RES. 83-402 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO VACATING GEORGIA BOULEVARD BETWEEN SHENANDOAH WAY AND SARATOGA WAY IN THE CITY OF SAN BERNARDINO. Council Member Quiel made a motion, seconded by Council Mem- ber Marks, that said resolution be adopted. - 22 - 11/21/83 Resolution No. 83-402 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. MILL CENTER RECREATION FACILITY - CORRECTIVE WORK - RON ROBERTS & ASSOCIATES - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for a request from the Director of Public Works/City Engineer that the City Attorney be authorized to notify the bonding company of Ron Roberts & Associates that the corrective work on the Mill Center Recreation facility has not been satisfactorily completed within the stip- ulated time, that portions of the work are unsatisfactory and to complete the project within 30 days. (32) Gary Smith, representing Ron Roberts & Associates, explained the engineering problem associated with the stucco on the Mill Center. Mayor Holcomb explained to Mr. Smith why it would be neces- sary for the City to notify the bonding company as soon as pos- sible and suggested that the contractor and architect submit to non-binding arbitration to find out who is responsible for the work. RECESS MEETING - CLOSED SESSION At 3:12 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino recessed for a Closed Ses- sion to discuss Redevelopment Agency litigation, corrective work at the Mill Center and the claim of AAA Paving Company. CLOSED SESSION The Closed Session of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Administra- tor Matzer. Absent: City.Clerk Clark. Also present were Glenda Saul, Acting Executive Director of the Redevelopment Agency, Bill Flory, Agency Counsel, and Ray Schweitzer, Deputy City Administrator. ACTING EXECUTIVE DIRECTOR, AGENCY COUNSEL EXCUSED At 4:12 p.m., the Acting Executive Director of the Redevelop- ment Agency and the Agency Counsel were excused from the Closed Session. CITY CLERK CLARK, CITY ENGINEER HARDGRAVE ARRIVED At 4:12 p.m., City Clerk Clark and City Engineer Hardgrave arrived at the Closed Session. ADJOURN CLOSED SESSION At 4:35 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 4:35 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. - 23 - 11/21/83 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. MILL CENTER RECREATION FACILITY - CORRECTIVE WORK - RON ROBERTS & ASSOCIATES - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for a request from the Director of Public Works/City Engineer that the City Attorney be authorized to notify the bonding company of Ron Roberts & Associates that the corrective work on the Mill Center Recreation facility has not been satisfactorily completed within the stipu- lated time. (32) Mayor Holcomb stated that it was the concensus of the Council in the Closed Session to ask both parties (the architect and the contractor) to indicate a willingness to go to non-binding ar- bitration to determine the question of fault and both parties give an answer by the Council meeting of Tuesday, November 29, 1983. Any party which does not participate in the non-binding arbitration will be given very serious consideration as an ir- responsible contractor or architect when bidding for future work with the City. The Mayor also stated that the Public Works Director is in- structed to convey this message to the parties. Council Member Quiel made a motion, seconded by Council Mem- ber Frazier and unanimously carried, that both parties be re- quested to participate in non-binding arbitration and express their answer to the Council by the meeting of November 29, 1983. HIGHLAND ANNEXATION Mayor Holcomb presented a request from the Chamber of Com- merce that the City make formal application to LAFC for annexa- tion of the Highland area. COUNCIL MEMBER CASTANEDA EXCUSED Council Member Castaneda was excused from the Council Meeting. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, to reaffirm the previous action and instruct the Planning Director to proceed with all due dispatch on the formal application for annexation of the Highland area. PUBLIC WORKS DEPARTMENT/PUBLIC SERVICES DIVISION - REORGANIZATION A memorandum dated November 18, 1983 was received from Coun- cil Members Castaneda, Marks and Strickler, recommending that the Public Services Division/Public Works Department be reorganized for the purpose of establishing a separate Public Services De- partment. (S6) Mayor Holcomb requested a continuance of the reorganization of the Public Services Division for an indepth analysis. Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the reorganization of the Public Services Division be continued to Monday, December 5, 1983 at which time the City Administrator will present his view of the subject of a separate Public Services Department. - 24 - 11/21/83 COUNCIL MEETINGS IN JANUARY The Mayor and Common Council discussed the schedule for January and that the first regularly scheduled Council meeting falls on a holiday. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the January Council meetings be held on the 9th and 23rd. MAYOR HOLCOMB EXCUSED Mayor Holcomb was excused from the Council meeting and Council Member Quiel assumed the duties of Mayor Pro Tempore. COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler was excused from the Council Meeting. WAIVE READINGS - ORDINANCES The City Clerk read the title of all the ordinances on the agenda. Council Member Frazier 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 5.04.545 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO BUSINESS LICENSES FOR CONTRAC- TORS AND CONSTRUCTION BUSINESSES TO DELETE REF- ERENCE TO REPEALED SUBSECTION. FIRST (50) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.06.010 OF THE SAN BERNARDINO MUNICIPAL CODE TO MAKE TECHNICAL CHANGES TO CORRECT REFERENCES MADE TO CHAPTER AND ZONING DISTRICT DESIGNATIONS. FIRST (52) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 2.50.010 TO APPROVE LATEST AMENDMENT TO CIVIL SERVICE RULE 511 CONCERNING REDUCTION IN FORCE. FIRST (53) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING FIRST SECTION 12.28.060 OF THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING USE OF PATTERNED CONCRETE IN SIDE- WALK AND PARKWAY CONSTRUCTION, AND PROHIBITING THE USE OF QUARRY TILE OR CERAMIC TILE IN SUCH FACILITIES. (49) Mayor Pro Tempore Quiel explained why the Legislative Review Committee recommended that the use of quarry tile or ceramic tile in sidewalk and parkway construction be prohibited. Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that said ordinance be laid over for final passage. - 25 - 11/21/83 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 FIRST, SECOND AND THIRD CONVICTIONS FOR VIOLATIONS WITHIN ONE YEAR ARE INFRACTIONS, AND CONVICTION OF FOURTH VIOLATION WITHIN ONE YEAR IS MISDEMEANOR, AND SPECIFYING PENALTIES THEREFOR. FIRST (51) City Attorney Prince answered questions regarding the recom- mended changes in the zoning ordinance. Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING TO TO MOUNTAIN SHADOWS CABLE TV SYSTEMS, INC., A COR- PORATION, A NONEXCLUSIVE FRANCHISE TO OPERATE, MAIN- TAIN, AND EXTEND A CABLE TELEVISION SYSTEM WITHIN THE CITY OF SAN BERNARDINO. (Final reading) (54) The Council discussed the waiver of unpaid utility taxes for Mountain Shadows Cable TV Systems subscribers. Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the ordinance be con- tinued to Tuesday, November 29, 1983, at 3:00 p.m., in the Coun- cil Chambers of City Hall, 300 North "D" Street, San Bernardino, California. GENERAL REPORTS AND CORRESPONDENCE Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the following items be filed: (55) a. civil Service Eligibility list for: Police Lieutenant - Department Promotional b. Notice to customers of amendment to application No. 83-09-24 from the Public Utilities Commis- sion. Application No. 83-09-24 requests Commis- sion authority to increase the Conservation Cost Adjustment component in SOCALGAS' rates by $2.386 million; requests authority for an additional $3.965 million to cover 1984 costs which must be incurred by SOCALGAS as a result of recent legis- lation; and requests that this rate revision take effect on January 1, 1984. Further information may be obtained from Southern California Gas Com- pany, 810 South Flower Street, Los Angeles, CA. c. Nine alcoholic beverage control applications for the following new and transferred licenses: New ~ Ghad~r Ayaz, Hossein Homaizad dba New York Pizza Co. 696 B & C Fourth Street, Center Plaza On Sale Beer & Wine Naail N. Anwya dba Seven Seas 1991, 93 & 95 North "E" Street Off Sale Beer & Wine Basem M. Bashir dba W. C. Villa 1598 West Base Line Off Sale General - 26 - 11/21/83 Carol J. Debnar & Ann Ruggirello dba The Godmothers' 350 North "D" Street On Sale General Arthur T. Tafolla dba Mama Mas 1001 West Fifth Street On Sale Beer & Wine Thomas E. Lepera dba Tom Tom's 1755 East High- land Avenue On Sale General Transferred Jess F. & Lupe M. Llamas dba Buz-In 4360 North Sierra Way On Sale Beer & Wine Miguel A. Verduzco dba Del Monte Supermarket 1184 Second Street Off Sale Beer & Wine Khader E. Fasheh & Nazir M. Shahin dba Discount Market 1227 West Second Street Off Sale Beer & Wine SEWER CONNECTION FEES In a memorandum dated November 17, 1983, Council Member Hernandez requested discussion on sewer connection fees and a proposed amendment to the existing ordinance regarding sewer connection fees. (Sl) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, to direct the City Attor- ney to prepare an amendment to the ordinance on sewer connection fees as it applies to previously occupied lots that have a lateral already connected. (to exempt them from the fees) VERDEMONT AREA PLAN STUDY - TRAFFIC AND SEISMIC STUDY Council Member Quiel recommended in a memorandum dated Novem- ber 16, 1983 that $15,000 be allocated for the preparation of a traffic study and a seismic study that is required to complete the Verdemont Area Plan study. (S2) Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the Mayor and Common Council allocate $15,000 for the preparation of traffic and seis- mic studies for completion of the Verdemont Area Plan study. Funds to be transferred from the operating contingency fund. RES. 83-403 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT FOR LANDSCAPE AND IRRIGA- TION IMPROVEMENTS AT PERRIS HILL PARK IN ACCORDANCE WITH SPECIFICATION NO. X-83-54. (S3) The City Clerk read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-403 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Council Members Castaneda, Strickler. RES. 83-404 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 6429 ENTITLED IN PART "A RESOLUTION. . .ESTABLISHING A BASIC COMPENSATION PLAN FOR OFFICERS AND/OR EMPLOYEES OF THE POLICE AND FIRE DEPARTMENTS OF THE CITY OF SAN BERNARDINO". (S4) The City Clerk read the title of the resolution. - 27 - 11/21/83 Council Member Marks 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. 83-404 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: Council Members Castaneda, Strickler. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 12.40 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO STREET TREES TO PROVIDE THAT THE PUB- LIC SERVICES SUPERINTENDENT SHALL ADMINISTER CER- TAIN PROVISIONS OF THE CHAPTER RELATING TO MAINTE- NANCE OF STREET TREES, AND PROVIDING FOR THE DEC- LARATION OF A PUBLIC NUISANCE. FIRST (S5) The City Clerk read the title of the ordinance. Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the first reading of the ordinance be waived. Council Member Marks made a motion, seconded by Council Mem- ber Reilly, that said ordinance be laid over for final passage. The motion carried by the following vote: Members Reilly, Marks, Quiel, Frazier. Noes: Hernandez. Absent: Council Members Castaneda, Ayes: Council Council Member Strickler. INTERIM FINANCING FOR SCHOOL FACILITIES In a memorandum dated November 18, 1983, Frank Schuma, Plan- ning Director, stated that the Rialto Unified School Board con- sidered a proposal that overcrowding exists within the School District boundary which will impair normal functioning of educa- tional programs. He further stated in his memorandum that after evaluating all reasonable methods to mitigate the overcrowding conditions, the District concluded that the Board should accept securing Builder's Fees as a method to mitigate the problems of impaction. The District is requesting that the City of San Ber- nardino concur with the District findings of impaction and re- quire the collection of fees from builders/developers and the monies collected would be used for the purpose of placing interim classrooms and restroom facilities on existing school sites de- termined to be overcrowded by the District. (S7) Council Member Marks made a motion, seconded by Council Mem- ber Frazier and unanimously carried, that the request to estab- lish Interim School Facilities Financing Ordinance be referred to the Legislative Review Committee. REQUEST FOR RECONSIDERATION OF COUNCIL ACTION - CLOSURE OF ARROWHEAD AVENUE AT KENDALL DRIVE - FAIRCHILD - CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to for a request from Bill Fairchild that the Council action taken on September 19, 1983, closing Arrowhead Avenue at Kendall Drive, be reconsidered. At the Council meeting of November 7, 1983, an ad hoc committee was established for the holding of a public hearing on the closure of Arrowhead Avenue at Kendall Drive. (15) Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the request for recon- sideration of Council action closing Arrowhead Avenue at Kendall Drive, be continued to Monday, December 5, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. - 28 - 11/21/83 - I FORTIETH STREET, EAST OF KENDALL DRIVE - BOX CULVERT CONSTRUCTION In a memorandum dated November 21, 1983, Roger Hardgrave, Director of Public Works/City Engineer, recommended that Metcalf & Eddy be contracted with to provide engineering design services for construction of a box culvert on 40th Street, east of Kendall Drive. Council Member Reilly stated that ~e would abstain from voting on this item and will not participate in any discussion regarding the item since he works for one of the engineering firms who submitted a proposal and it is his intent to avoid a conflict of interest. Council Member Marks made a motion, seconded by Council Mem- ber Frazier, that the selection of Metcalf & Eddy to perform en- gineering design services for construction of a box culvert on 40th Street, east of Kendall Drive, for a fee of $15,800 be con- firmed; and the Director of Public Works/City Engineer authorized to negotiate an agreement. The motion failed by the following vote: Ayes: Council Members Marks, Quiel, Frazier. Noes: Council Member Hernandez. Absent: Council Members Castaneda, Reilly, Strickler. RECESS MEETING - CLOSED SESSION At 5:30 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino recessed for a Closed Ses- sion to discuss the grievance filed by Charles Seleman of the Fire Department. CLOSED SESSION The Closed Session of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Quiel 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 Pro Tempore Quiel; Council Members Reilly, Hernandez, Marks, Quiel, Frazier; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Mayor Holcomb; Council Members Castaneda, Strickler. Also present were Gerald Newcombe, Fire Chief, Skip Kulikoff, Executive Secretary of Local 891, Charles Seleman, and Ray Schweitzer, Deputy City Administrator. ADJOURN CLOSED SESSION At 6:45 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 6:45 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 Pro Tempore Quiel; Council Members Reilly, Hernandez, Marks, Quiel, Frazier; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Mayor Holcomb; Council Members Castaneda, Strickler. - 29 - 11/21/83 ---I EMPLOYEE GRIEVANCE - SELEMAN - FIRE DEPARTMENT - CONTINUED FROM NOVEMBER 7, 1983 This is the time and place continued to for a grievance of Charles Seleman, employee of the Fire Department, relating to a uniform application of the conditions under which pay conversion should be made. (14) Council Member Hernandez made a motion, seconded by Council Member Frazier, that the grievance submitted by Charles Seleman be denied. The motion Members Reilly, Marks. Absent: carried by the following vote: Ayes: Council Hernandez, Quiel, Frazier. Noes: Council Member Council Members Castaneda, Strickler. ADJOURN MEETING At 6:50 p.m., Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that the meeting adjourn to Tuesday, November 29, 1983, at 3:00 p.m., in the Coun- cil Chambers of City Hall, 300 North "D" Street, San Bernardino, California. City Clerk Approved the 5th of December, 1983. Mayor of the City of San Bernardino - 30 - 11/21/83