HomeMy WebLinkAbout12-05-1983 Minutes
City of San Bernardino, California
December 5, 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, December 5, 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 Olen Jones, City Chaplain.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Strickler.
ROLL CALL
Roll Call was taken by the City Clerk with the following be-
ing present: Mayor Holcomb, Council Members Castaneda, Reilly,
Hernandez, Marks, Quiel, Frazier, Strickler, City Attorney
Prince, City Clerk Clark, City Administrator Matzer. Absent:
None.
BLOOD BANK SUPPORT
Mayor Holcomb urged the City officials and employees to
support the blood bank and give blood due to the critical short-
age.
SEWER PLANT OVERSIGHT - NON-AGENDA ITEMS
The Mayor and Common Council briefly discussed an article in
the Sun newspaper about the need for legislative oversight at the
sewer plant and the taking up of non-agenda items.
APPROVE MINUTES - NOVEMBER 21, 1983
Council Member Frazier made a motion, seconded by Council
Member Strickler 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 21st of November, 1983, as submitted in
typewritten form. (1)
SIXTH STREET AND TERRACE ROAD - FLOOD DAMAGE REPAIR -
FISHER'S GRADING AND EXCAVATING
In a memorandum dated November 17, 1983, Roger Hardgrave,
Director of Public Works/City Engineer, recommended that the re-
pair of flood damage at Sixth Street and Terrace Road by Fisher's
Grading and Excavating, be approved. (2)
Council Member Frazier made a motion, seconded by Council
Member Strickler and unanimously carried, that the work performed
by the contractor, in accordance with Specification 6408, be
approved and accepted, and that final payment be authorized at
the end of the lien period.
DINE AND DANCE, LIVE ENTERTAINMENT LICENSE - NEWLAND,
NIBLICK - 1353 NORTH "E" STREET
Pursuant to the recommendation of the Chief of Police, Coun-
cil Member Frazier made a motion, seconded by Council Member
Strickler and unanimously carried, that the application of Mr.
Dave Newland and Mr. Raymond Niblick for a dine and dance, live
entertainment license at 1353 North "E" Street, be approved. (4)
WALK-A-THON - DECEMBER 10, 1983 - CALIFORNIA INLAND
EMPIRE COUNCIL, BOY SCOUTS OF AMERICA
Pursuant to the recommendation of the Chief of Police, Coun-
cil Member Frazier made a motion, seconded by Council Member
Strickler and unanimously carried, that the application submitted
by the California Inland Empire Council Boy Scouts of America,
Arrowhead District, be approved to hold a walk-a-thon on December
10, 1983, from 8:30 a.m. to 5:00 p.m. (5)
COUNCIL PERSONNEL COMMITTEE REPORT
Council Member Hernandez, Chairman of the Council Personnel
Committee, presented the Council Personnel Committee report of
November 22, 1983. The Chairman of the Council Personnel Com-
mittee stated in his report that the following recommendations
were made: (6)
The Insurance Consultant recommended:
That Blue Cross be renewed for another year,
starting December 1, 1983, as the City "Self
Insurance" Program.
That the City add an aggregate "stop loss" to
present program.
The Insurance Committee recommended that Plan "F" be
adopted for premiums of:
Employee - $57.25 monthly
Two person coverage - $120.25 monthly
Three or more coverage - $153.05 monthly
The Personnel Committee adopted the following:
Renew Blue Cross for one more year.
Add the aggregate "stop loss" coverage to the
present program.
Adopt the coverage of Plan "F" with the under-
standing that the employees will pay the dif-
ference between what is contained in their
M.O.U. 's and the actual costs.
The Committee further directed the following:
That the Acting Personnel Director:
Check on the retired employees to determine
if their benefits are spelled out anywhere -
if not, prepare resolution amendment.
Do a survey during the "open enrollmentU on
how many employees are interested in the
Inland Health Plan.
After the survey is complete, bring back a
copy to the Personnel Committee to determine
whether the City should offer another alter-
nate health plan in addition to Kaiser.
That the Insurance Consultant:
Prepare the Blue Cross contract for the
November 29, 1983 Council agenda showing
the differences in the proposed Plan "F"
over present coverage and calculate any
"hidden" costs.
Explain any advantages/disadvantages of an
additional health plan.
Explore whether or not the City should be
self insurers.
Explore the cost of dropping Blue Cross and
purchasing full insurance.
The Personnel Committee will recommend a City Council
workshop with the Insurance Consultant on December 20,
1983 and an Executive Session at the November 29, 1983
meeting to set the Management/Mid-Management/Confidential
insurance premiums.
Council Member Frazier made a motion, seconded by Council
Member Strickler and unanimously carried, that the report from
the Council Personnel Committee be filed.
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12/5/83
CLAIMS AND PAYROLL
Council Member Frazier made a motion, seconded by Council
Member Strickler and unanimously carried, to approve demands
against the City and authorize the issuance of warrants as
follows: (7)
1. Approve the register of demands dated:
November 14, 1983
November 21, 1983
#83/84-18
#83/84-19
$579,663.72
$791,297.13
2. Approve a supplement to the total gross payroll
for the period October 17, 1983 through October
30, 1983, in the amount of $6,430.89.
3. Approve the total gross payroll for the period
October 31, 1983 through November 13, 1983, in
the amount of $947,260.88.
PERSONNEL ACTIONS
Council Member Frazier made a motion, seconded by Council
Member Strickler and unanimously carried, that the Personnel Ac-
t~ons submitted by the Director of Personnel, in accordance with
all administrative regulations of the City of San Bernardino, be
approved and ratified as follows: (8)
PROMOTIONAL APPOINTMENTS
Fire Department
Michael J. Owens - from Engineer to Captain
Effective December 31, 1983
Allen G. Simpson - Fire Fighter to Engineer
Effective December 31, 1982
John T. Terry - Captain to Batallion Chief
Effective December 31,1982
REMOVAL FROM HIGHER ACTING CLASSIFICATION
Fire Department
Manuel M. Castaneda - from Equipment Mechanic to
Equipment Mechanic Helper - Effective November
7, 1983
william J. Peterson - from Equipment Mechanic Foreman (MM)
to Equipment Mechanic - Effective November 7, 1983
Maria N. pierce - from Secretary to Data Clerk
Effective November 11, 1983
APPEAL - LOT LINE ADJUSTMENT NO. 83-17 - 5380 NORTH
MOUNTAIN VIEW AVENUE - PATTISON
A letter dated November 11, 1983 was received from Wayne
Hendrix, representing Mr. and Mrs. Pattison, appealing the Plan-
ning Commission's decision of denial of the application for Lot
Line Adjustment No. 83-17 which would adjust the lot line between
two parcels located at 5380 North Mountain View Avenue. (9)
Frank Schuma, Planning Director, explained that the appeal
centers around the need to provide access to a parcel north of
the subject property which is landlocked.
Mr. Wayne Hendrix, representing Mr. and Mrs. Pattison, pre-
sented the appeal and emphasized that there is more than one
possible means of access for this property.
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12/5/83
A memorandum dated October 12, 1983 from Barrye Hanson,
Senior Engineer, was presented. The Senior Engineer stated in
his memorandum that the lot line adjustment should be denied be-
cause the panhandle portion of the larger parcel could conceivably
be used to provide a secondary access for the larger parcel upon
its development and in turn provide a secondary access for Per-
shing Avenue. He further stated in his memorandum that this is
not the only possible method of providing secondary access, but
appears to be the most practical based upon the limited informa-
tion available.
The Senior Engineer recommended in his memorandum the fol-
lowing conditions should the Planning Commission choose to ap-
prove the lot line adjustment:
1. A certificate of compliance for a lot line
adjustment is required.
2. The following statement shall be placed on the
Certificate of Compliance:
Upon the development of the larger parcel,
Pershing Avenue shall be extended to provide
access to the adjustment parcel to the north
and a secondary means of access shall be pro-
vided for Pershing Avenue (both shall be dedi-
cated and improved as approved by the City
Engineer) .
After discussion, Council Member Marks made a motion,
seconded by Council Member Hernandez and unanimously carried,
that the appeal on Lot Line Adjustment No. 83-17 be continued to
Monday, December 19, 1983, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
ALTERNATE METHODS OF TRANSPORTATION SERVICES - REQUEST
FOR PROPOSALS - CONTINUED FROM NOVEMBER 21, 1983
This is the time and place continued to for action on 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. (12)
Council Member Marks made a motion, seconded by Council Mem-
ber Hernandez and unanimously carried, that the draft of a re-
quest 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 19, 1983, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
PUBLIC WORKS DEPARTMENT/PUBLIC SERVICES DIVISION -
REORGANIZATION - CONTINUED FROM NOVEMBER 21, 1983
This is the time and place continued to for a recommendation
from Council Members Castaneda, Marks and Strickler that the Pub-
lic Services Division/Public Works Department be reorganized for
the purpose of establishing a separate Public Services Department.
(13)
At the Council Meeting of November 21, 1983, the City Admin-
istrator was directed to prepare an analysis on the subject of a
separate Public Services Department.
In a memorandum dated December 1, 1983, John Matzer, City
Administrator, presented his report on the feasibility of a
Public Services Department and recommended the following:
The diversity of functions performed by the Public
Works Department precludes making hard and fast
judgements about standardizing public works organi-
zational structures. No one simple or perfect or-
ganization model or structure can be applied uni-
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12/5/83
versally or even selectively to assure effective
performance. Each local governmental unit must
establish a structure which reflects existing
needs, formal and informal relationships and oper-
ating practices. In the case of the City of San
Bernardino, it is felt that the creation of a De-
partment of Public Services is justified and would
provide for the most effective delivery of services.
In reality, the Public Services Division has func-
tioned as an independent operation with only minimal
direction and coordination provided by the Public
Works Director. While on paper the Public Services
Division has been included within the Public Works
Department, in practice, it has not functioned in
this manner. The Public Services Division has grown
in responsibility with the addition of the street
trees, weed abatement and rodent control activities.
A separate Public Services Department is warranted
based on the total number of employees within the
Division and the size of its budget. There does not
appear to be any major disadvantage to the establish-
ment of a Public Services Department. The establish-
ment of a separate department will more clearly pin-
point responsibility and accountability by eliminating
a step in the chain of command which has never func-
tioned effectively.
If a separate Public Services Department is estab-
lished, consideration could be given to changing
the name of the existing Public Works Department to
more adequately reflect the services that are going
to be provided. This would allow for future expan-
sion of such activities as transportation and parking.
Mayor Holcomb urged that the matter be referred to the
Legislative Review Committee for further study.
Council Member Marks made a motion, seconded by Council Mem-
ber Castaneda and unanimously carried, to direct the City Admin-
istrator to prepare appropriate documents and charts reflecting
a reorganization of the Public Services Division/Public Works
Department for the purpose of establishing a separate Public
Service Department, together with recommended salaries for
management personnel in the new department. A Director of Public
Services will be the supervisor and manager of the Department of
Public Services.
Council Member Marks made a motion, seconded by Council Mem-
ber Castaneda and unanimously carried, to instruct the City Ad-
ministrator to submit the completed reorganization package to
the Council Personnel Committee not later than January 1, 1984 to
provide the Personnel Committee a reasonable period for review
and submission to Council at the January 23, 1984 Council meeting.
Council Member Marks made a motion, seconded by Council Mem-
ber Castaneda and unanimously carried, to direct the City Admin-
istrator to recommend a name change for the Public Works Department,
one that would more accurately reflect the services to be provided
by that department should the Department of Public Services be
created by Council action.
COUNCIL PERSONNEL COMMITTEE RECO~~ENDATION - INEQUITY
WAGE ADJUSTMENTS - CONTINUED FROM NOVEMBER 21, 1983
This is the time and place continued to for a recommendation
from the Council Personnel Committee on the matter of inequity
wage adjustments. (14)
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12/5/83
Council Member Hernandez made a motion, seconded by Council
Member Reilly and unanimously carried, that the report from the
Council Personnel Committee on inequity wage adjustments be con-
tinued to Monday, December 19, 1983, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
REQUEST FOR PARKING SPACES - FIVE-LEVEL PARKING
STRUCTURE - DEPARTMENT OF FAIR EMPLOYMENT AND
HOUSING - CONTINUED FROM NOVEMBER 21, 1983
This is the time and place continued to for a request by the
Department of Fair Employment and Housing for three designated
parking spaces in the basement level of the five-level parking
structure. (15)
City Administrator Matzer explained that this should be con-
tinued as the State has not submitted the appropriate information.
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda and unanimously carried, that the request for three
designated parking spaces in the five-level parking structure be
continued to Monday, December 19, 1983, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
INSURANCE PLAN WORKSHOP - CONTINUED FROM NOVEMBER
29, 1983
This is the time and place continued to for a request to set
a workshop with the insurance consultant to discuss the City in-
surance plan. (16)
City Administrator Matzer explained the reason for the work-
shop which is to consider a third insurance plan for City em-
ployees along with self insurance. He stated that the insurance
committee had recommended a third plan.
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda and unanimously carried, that a workshop on the
City insurance plan be set for Friday, January 6, 1984, at 3:00
p.m., in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
MILL CENTER RECREATION FACILITY - CORRECTIVE WORK -
RON ROBERTS & ASSOCIATES - CONTINUED FROM NOVEMBER
29, 1983
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, that portions of the work are unsatisfactory and to
complete the project within 30 days. (17)
At the Council meeting of November 29, 1983, the contractor
and architect were requested to get together on the appointment
of an arbitrator and to return to the Council with their decision.
Mayor Holcomb stated that after the last meeting, he met
with both parties to discuss the Council action requiring non-
binding arbitration. He stated that he decided that the City
has no business trying to resolve a dispute between the architect
and contractor unless it is a clean cut situation. He stated that
in his opinion, the City should stay out of the dispute and tell
the contractor that we want the building in a workable condition
and if the contractor cannot do this, the City will go against
the bond.
In a letter dated December 2, 1983, Gary W. Smith, Attorney
representing Ron Roberts, stated that his client agreed to con-
sent to arbitration by judges of the San Bernardino Superior
Court. In an attached letter dated November 14, 1983, Mr. Smith
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12/5/83
summarized the problems and damages of the Mill Center facility
and stated that his client has offered to provide the labor if
the materials are provided to make repairs where necessary. In
an attached letter dated October 28, 1983, Mr. Smith stated that
the company of Joseph E. Bonadiman & Associates is attempting to
require his client to provide new materials to resolve a problem
that was created by the company of Joseph E. Bonadiman & Asso-
ciates.
Attorney Gary W. Smith, representing Ron Roberts, stated
that he and his client are willing to go to non-binding arbitra-
tion before Judge Turner or Judge Morris of the San Bernardino
Superior Court.
Architect Joe Bonadiman stated that his contract does not
allow for this type of solution. The contractor must finish his
work and if he has a problem with this, he must take it to court.
Council Member Marks made a motion, seconded by Council Mem-
ber Hernandez and unanimously carried, that this matter be re-
ferred to a Closed Session and that Roger Hargrave, Director of
Public Works/City Engineer, be requested to be present.
FORTIETH STREET, EAST OF KENDALL DRIVE - BOX CULVERT
CONSTRUCTION - CONTINUED FROM NOVEMBER 29, 1983
This is the time and place continued to for a recommendation
from the Director of Public Works/City Engineer that Metcalf &
Eddy be contracted with to provide engineering design services
for construction of a box culvert on 40th Street, east of Kendall
Drive. (18)
Council Member Quiel made a motion, seconded by Council Mem-
ber Strickler, that the selection of Metcalf & Eddy to perform
engineering 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 be autho-
rized to negotiate an agreement.
The motion carried by the following vote: Ayes: Council
Members Castaneda, Marks, Quiel, Frazier, Strickler. Noes: Coun-
cil Member Hernandez. Absent: None. Abstain: Council Member
Reilly.
INSURANCE PREMIUMS - MANAGEMENT/MID-MANAGEMENT/
CONFIDENTIAL EMPLOYESS - CONTINUED FROM NOVEMBER
29, 1983
This is the time and place continued to for the setting of
the Management/Mid-Management/Confidential insurance premiums.
(19)
Council Member Marks made a motion, seconded by Council Mem-
ber Quiel, that this item be referred to a Closed Session.
The motion carried by the following vote: Ayes: Council
Members Castaneda, Hernandez, Marks, Quiel, Frazier, Strickler.
Noes: None. Absent: None. Abstain: Council Member Reilly.
REPORT - ECONOMIC DEVELOPMENT COUNCIL'S PROMOTIONAL
BOOK FUNDS - CONTINUED FROM NOVEMBER 21, 1983
This is the time and place continued to for a report from
the City Attorney regarding the Economic Development Council's
promotional book funds. (20)
A legal opinion dated November 18, 1983 was presented by
Ralph Prince, City Attorney, in which he stated that his office
was directed to report on the preparation of an Economic Develop-
ment Council brochure for the City and the County by Richard
Rodriguez and Crown Printers, funded by the City's Employment
Training Agency. It was stated in the opinion that the following
questions were asked:
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12/5/83
1. What were the City's legal obligations in im-
plementing the specific CETA-funded project?
2. As an entity receiving City funding, what were
the EDC's legal obligations in this specific
instance?
3. Do the California conflict of interest or other
relev.ant codes apply to the EDC activities
under examination?
4. Were there any errors or omissions in the actions
which have taken place?
5. With respect to implementation of the CETA con-
tract, is the City liable if any errors or
omissions occurred?
6. Can the City abrogate without liability or ter-
minate for cause the sub-contracts with the
printing firm and project consultant?
The opinion concluded in response to the specific questions:
1. In implementing the specific CETA funded project,
the City is obliged to comply with any applicable
federal and City procedures. In making the grant
to EDC, SBETA failed to obtain necessary approval
of the Mayor and Common Council.
2. As an entity receiving City funding, the EDC is
required to comply with the federal and municipal
law related to that particular funding agreement
and its terms. In addition, the EDC must comply
with its own articles and by-laws and with appli-
cable provisions of the non-profit public benefit
corporations law. In this case, the EDC did not
give advance written notice to the Directors and
the Mayor that Crown Printers had been selected
to print the brochure.
3. The conflict of interest provisions of the Cali-
fornia Government Code do not apply to EDC
activities because it is not a public agency,
but the self-dealing prohibitions in the Corpora-
tions Code apply to the EDC as a non-profit public
benefit corporation.
4. Errors and omissions have been pointed out in the
responses to questions 1, 2 and 3. Additionally,
there was a written contract between SBETA and
EDC which was not authorized by the Mayor and
Common Council. The contract should be ratified
by the Mayor and Common Council to sustain its
validity.
5. There is no basis for holding the City liable for
reimbursement of any funds to the federal govern-
ment.
6. There is no basis for abrogation of the contracts
with Crown Printers or Richard Rodriguez.
City Attorney Prince answered questions of the Council
stating that the City cannot force the Economic Development Coun-
cil to file conflict of interest documents, however, it can
reach an agreement whereby the Economic Development Council will
voluntarily report economic interest to the City.
The Mayor and Common Council discussed the brochure printed
by Crown Printers.
City Attorney Prince stated that he did not investigate the
bid process.
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12/5/83
Mayor Holcomb stated that when the bids were out, the speci-
fications were very general and broad. Originally, the Economic
Development Council were considering a much smaller brochure,
therefore, the bid from Franklin Press cannot be compared to the
final brochure.
The Mayor urged the Council to take the finished brochure
to other printers to find out what they would have charged stat-
ing that prices might be doubled.
Joanne Fenton, Deputy City Attorney, answered questions
stating that the Economic Development Council is a non-profit
corporation which is not a part of the City.
Council Member Marks made a motion, seconded by Council Mem-
ber Frazier and unanimously carried, that the establishment of an
amendment to the agreement with the Economic Development Council,
which would include Conflict of Interest Codes, procurement codes,
quarterly reports, budget review and adherence to the Brown Act
and any other appropriate regulations that would further the pub-
lic interest, be referred to the Legislative Review Committee.
RES. 83-408 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO RATIFYING AN AGREEMENT BETWEEN THE EMPLOYMENT
AND TRAINING AGENCY OF THE CITY AND THE SAN BERNAR-
DINO ECONOMIC DEVELOPMENT COUNCIL, INC., A NON-PRO-
FIT CORPORATION, TO FUND A COMMUNITY ECONOMIC DE-
VELOPMENT BROCHURE IN THE AMOUNT OF $50,000.
The City Clerk read the title of the resolution.
Council Member Reilly made a motion, seconded by Council
Member Castaneda and unanimously carried, that further reading
of the resolution be waived.
The Mayor and Common Council discussed the number of bro-
chures that have been printed recently including one for the
Convention Center, one for the Redevelopment Agency and one for
the Economic Development Council.
The Mayor explained the necessity of having similar bro-
chures.
City Attorney Prince answered questions stating that as far
as he knows, any JTPA money requires Council approval as JTPA
is a part of the City.
Council Member Reilly made a motion, seconded by Council
Member Castaneda, that said resolution be adopted.
Resolution No. 83-408 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier,
Strickler. Noes: Council Member Hernandez. Absent: None.
COMPUTER CONSULTANT CONTRACT - WARNER GROUP
A memorandum dated November 29, 1983 was received from
Craig Graves, City Treasurer, recommending that the Warner Group
be hired by the City to review the City's needs analysis and de-
velop a request for proposal delineating the City's data process-
ing requirements. (21)
RES. 83-409 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
THE WARNER GROUP FOR CONSULTING SERVICES FOR THE
CITY'S DATA PROCESSING REQUIREMENTS.
The City Clerk read the title of the resolution.
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12/5/83
Council Member Marks made a motion, seconded by Council Mem-
ber Strickler and unanimously carried, that further reading of
the resolution be waived and said resolution be adopted.
Resolution No. 83-409 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
MEADOWBROOK PARK MAINTENANCE
A letter dated November 18, 1983 was
Goodcell Sanchez requesting discussion on
care of Meadowbrook Park.
received from Natalie
the maintenance and
(22)
Ms. Sanchez was present and spoke to the Council regarding
Meadowbrook Park and presented suggestions for improvements in
the park.
Mayor Holcomb urged Ms. Sanchez to put her recommendations
in writing for formal action.
No official action was taken.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 3.44.080 OF THE SAN BERNARDINO MUNICIPAL
CODE TO ESTABLISH THAT THE SERVICE USERS TAX IS
A LIABILITY OF THE SERVICE USER AND IS A DEBT OF
THE PERSON PROVIDING SERVICE. (First reading)
(50)
Council Member Quiel made a motion, seconded by Council
ber Castaneda and unanimously carried, that the ordinance be
tinued to Monday, January 9, 1984 in the Council .Chambers of
Hall, 300 North "D" Street, San Bernardino, California.
Mem-
con-
City
CLAIM SETTLEMENT - AAA PAVING COMPANY - STREET
IMPROVEMENTS
Roger Hardgrave, Director of Public Works/City Engineer,
recommended in a memorandum dated November 29, 1983, that the
claim filed by AAA Paving Company for payment of work completed
on fill-in street improvements at 23 various locations within the
City be settled at 50% of their claim for an additional $9,700.10.
(24)
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda and unanimously carried, that payment of an addi-
tional $4,850.05 to AAA Paving Company, for construction of fill-
in street improvements at 23 various locations, in accordance
with Plan No. 6343, be authorized as settlement of their claim
by letter of November 10, 1983.
LEGISLATIVE REVIEW COMMITTEE REPORT - PUBLIC RECORDS
ACT - INTERIM SCHOOL FACILITIES FINANCING
Council Member Strickler, Chairman of the Legislative Review
Committee, presented the Legislative Review Committee report of
December 2, 1983. He stated that the Legislative Review Commit-
tee discussed the pOlicy procedure for inspection of public
documents, the revision of the resolution setting forth charges
for public records and the revised form used by the Redevelopment
Agency for requests to inspect public documents. The Legislative
Review Committee recommended approval of the revised Agency form
request to inspect public documents, the Agency public records
policy and the revised resolution setting forth charges for
public documents. (25)
The Chairman of the Legislative Review Committee reported
that the request to establish an interim school facility financ-
ing ordinance was discussed at the Legislative Review Committee
meeting and it was the consensus of the Committee that since the
City has no jurisdiction over the Unified School District, the
School District should be negotiating with builders/developers
as is the present policy and recommended this item be denied.
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12/5/83
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda and unanimously carried, that the report from the
Legislative Review Committee be filed.
COUNCIL MEMBER FRAZIER EXCUSED
Council Member Frazier was excused from the Council Meeting.
RES. 83-410 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO GRANTING TO G.T.E. SPRINT COMMUNICATIONS CORP-
ORATION A FRANCHISE TO CONSTRUCT, MAINTAIN AND
OPERATE COMMUNICATIONS CONDUIT WITHIN THE CITY OF
SAN BERNARDINO, CONDITIONAL UPON FILING ACCEPTANCE,
BUSINESS LICENSE APPLICATION AND COMMITMENT TO PAY
SERVICE USERS TAXES. (29)
The City Clerk read the title of the resolution.
Don Zimmerman from Marmac Engineering, and Richard Wiley, a
Sprint representative, were present. Mr. Zimmerman commended the
City and all representatives throughout the City for the profes-
sional way this matter was handled.
A letter dated November 30, 1983 was received from Craig G.
Clymo, Vice President, Finance and Administration of Sprint,
stating that Sprint commits itself to the City of San Bernardino
the following:
1. GTE Sprint Communications Corporation has filed
an application for business license, and agrees
to pay business license taxes owed to the City
of San Bernardino.
2. GTE Sprint Communications Corporation irrevocably
commits itself, and assures the City of San Ber-
nardino that, upon said corporation's obtaining a
tariff for intrastate calls from the Public
Utilities Commission of the State of California,
said corporation shall commence paying the ser-
vice users tax of the City of San Bernardino on
intrastate calls originating in the City of San
Bernardino, and further agrees to cooperate in
the computation and payment of past due and un-
collected service user taxes from the commence-
ment of corporation's operations in the City of
San Bernardino.
3. GTE Sprint Communications Corporation acknow-
ledges that this commitment is irrevocable upon
the approval of the franchise by the City of
San Bernardino.
Council Member Quiel made a motion, seconded by Council Mem-
ber Marks, that said resolution be adopted.
Resolution No. 83-410 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Strickler. Noes: None. Absent: Council Member Frazier.
COUNCIL MEMBER FRAZIER RETURNED
Council Member Frazier returned to the Council Meeting and
took his place at the Council Table.
REQUEST FOR RECONSIDERATION - GENERAL PLAN AMENDMENT
NO. 83-2 APPROVAL - AREA BOUNDED BY MILL STREET, "J"
STREET, GRANT AVENUE AND INTERSTATE 215 - McKERNAN
A letter dated November 29, 1983 was received from Robert K.
McKernan requesting that the Council approval of General Plan
Amendment No. 83-2 be reconsidered. General Plan Amendment No.
83-2 would evaluate amending the general plan from the current
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12/5/83
General Commercial, General Industrial, Medium-High Density
Residential, Medium-Low Density Residential and Educational
designations to Medium-High Density Residential, Educational or
other designations the legislative body may deem appropriate for
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.
Mr. McKernan is requesting in his letter that 9.6 acres located
on Mill Street, between "J" and "I" Street, be removed from the
general plan amendment and that the prior general plan designa-
tion of General Industrial be allowed to remain in effect. (27)
Mr. Robert McKernan explained why he is requesting reconsid-
eration of this general plan amendment.
Council Member Quiel made a motion, seconded by Council Mem-
ber Reilly, that the Council action approving General Plan Amend-
ment No. 83-2 be reconsidered.
The motion carried by the following vote: Ayes: Council
Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler.
Noes: Council Member Hernandez. Absent: None.
Frank Schuma, Planning Director, stated that before the
general plan amendment the property had a medium industrial des-
ignation but the likelihood of the development was slim. The
Planning Commission has recommended medium-density residential.
The Planning Director answered questions regarding the change
of zone process stating it would take approximately 90 days.
Council Member Quiel made a motion, seconded by Council Mem-
ber Strickler, to rescind the previous action and refer back to
the Planning Commission for further study based on the informa-
tion that has come forth this date.
The motion failed by the following vote: Ayes: Council
Members Reilly, Quiel, Strickler. Noes: Council Members Castaneda,
Hernandez, Marks, Frazier. Absent: None.
Council Member Hernandez made a motion, seconded by Council
Member Castaneda, to reaffirm the previous action.
The motion carried by the following vote: Ayes:
Members Castaneda, Reilly, Hernandez, Marks, Frazier,
Noes: Council Member Quiel. Absent: None.
Council
Strickler.
WAIVE READINGS - RESOLUTIONS
The City Clerk read the title of all the resolutions on the
agenda.
Council Member Quiel made a motion, seconded by Council Mem-
ber Hernandez and unanimously carried, that further reading of
all the resolutions on the agenda be waived.
INTRODUCTION - CYPRESS ELEMENTARY SCHOOL STUDENTS
Mayor Holcomb introduced students from Cypress Elementary
School in Highland.
RES. 83-411 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT
NOS. 11320, 11321, 11322 AND 11325, LOCATED SOUTH-
ERLY OF KENDALL DRIVE, EAST AND WEST SIDE OF LITTLE
MOUNTAIN DRIVE; ACCEPTING THE PUBLIC DEDICATIONS AS
SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF
AN AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVI-
SION. (Block Bros., U.S.A.) (30)
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda, that said resolution be adopted.
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12/5/83
Resolution No. 83-411 was adqpted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
RES. 83-412 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT
NO. 11323, LOCATED SOUTH SIDE OF KENDALL DRIVE:
ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON
SAID MAP: AND AUTHORIZING EXECUTION OF AN AGREEMENT
FOR THE IMPROVEMENTS IN SAID SUBDIVISION. (Block
Bros., U.S.A.) (31)
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda, that said resolution be adopted.
Resolution No. 83-412 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
RES. 83-413 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT
NO. 11324, LOCATED ON THE SOUTH SIDE OF KENDALL
DRIVE: ACCEPTING THE PUBLIC DEDICATIONS AS SET
FORTH ON SAID MAP: AND AUTHORIZING EXECUTION OF AN
AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION.
(BlOCk Bros., U.S.A.) (32)
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda, that said resolution be adopted.
Resolution No. 83-413 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
RES. 83-414 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT
NO. 11327, LOCATED SOUTH SIDE OF KENDALL DRIVE: AC-
CEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID
MAP: AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR
THE IMPROVEMENTS IN SAID SUBDIVISION. (Block Bros.,
U.S.A.) (33)
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda, that said resolution be adopted.
Resolution No. 83-414 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
RES. 83-415 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT
NOS. 11328, 11329, AND 11330, LOCATED SOUTHERLY OF
KENDALL DRIVE: ACCEPTING THE PUBLIC DEDICATIONS AS
SET FORTH ON SAID MAP: AND AUTHORIZING EXECUTION OF
AN AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVI-
SION. (Block Bros., U.S.A.) (34)
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda, that said resolution be adopted.
Resolution No. 83-415 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
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12/5/83
RES. 83-416 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AWARDING A CONTRACT TO BRENTON LEE RHOADES FOR
CORRECTIVE WORK FOR GRADING AND DRAINAGE FOR TRACT
NOS. 9995 AND 10304. (North of 48th Street, east
of Kendall Drive) (35)
The Council discussed action taken at the Council meeting of
June 6, 1983 that directed the City Attorney to take such action
as appropriate to enforce payment of the costs of grading and
preparation of plans for necessary grading work on Tract Nos.
9995 and 10304 from the bonding company and, to the extent feas-
ible, from the contractor, and that the City Attorney be in-
structed to take action for legal redress against the project
engineer.
The City Attorney answered questions.
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda, that said resolution be adopted and the City Attor-
ney be requested to give a report back at the next Council meeting
on the issue of recouping the City's loss from the bond company.
Resolution No. 83-416 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
COUNCIL MEMBER FRAZIER EXCUSED
Council Member Frazier was excused from the Council Meeting.
RES. 83-417 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AMENDING RESOLUTION NO. 5997 ENTITLED IN PART
"A RESOLUTION .. DESIGNATING CERTAIN STREET IN-
TERSECTIONS AND LOCATIONS WHEREIN TRAFFIC IN LEFT
LANES MUST TURN LEFT", AND AUTHORIZING THE INSTAL-
LATION OF A TWO-WAY LEFT-TURN LANE ON MILL STREET
BETWEEN RANCHO AVENUE AND MERIDIAN AVENUE (THIRD
WARD) . (36)
Council Member Hernandez made a motion, seconded by Council
Member Strickler, that said resolution be adopted.
Resolution No. 83-417 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Strickler. Noes: None. Absent: Council Member Frazier.
COUNCIL MEMBER FRAZIER RETURNED
Council Member Frazier returned to the Council Meeting and
took his place at the Council Table.
RES. 83-418 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO NAMING THE RECREATION FACILITY AT NUNEZ PARK
THE "RUBEN CAMPOS COMMUNITY CENTER". (37)
Council Member Hernandez made a motion, seconded by Council
Member Quiel, that said resolution be adopted.
Resolution No. 83-418 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
RES. 83-419 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO REQUESTING AND AUTHORIZING NATIONAL PLAN COOR-
DINATORS, INC., TO TURN OVER ALL RECORDS AND FINAL
ACCOUNTS TO NEW ADMINISTRATOR OF DEFERRED COMPENSA-
TION PLAN. (38)
Council Member Hernandez made a motion, seconded by Council
Member Quiel, that said resolution be adopted.
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12/5/83
Resolution No. 83-419 was adopted by
Ayes: Council Members Castaneda, Reilly,
Quiel, Frazier, Strickler. Noes: None.
the following vote:
Hernandez, Marks,
Absent: None.
RES. 83-420 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO SUPPORTING REISSUANCE TO SOUTHERN CALIFORNIA
EDISON COMPANY OF HYDROELECTRIC FACILITY LICENSES
BY FEDERAL ENERGY REGULATORY COMMISSION. (39)
Council Member Hernandez made a motion, seconded by Council
Member Quiel, that said resolution be adopted.
Resolution No. 83-420 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Olliel,
Frazier, Strickler. Noes: None. Absent: None.
RES. 83-421 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
GREAT WESTERN SAVINGS FOR SERVICES AS ADMINISTRATOR
OF THE CITY'S DEFERRED COMPENSATION PLAN. (41)
Council Member Hernandez made a motion, seconded by Council
Member Olliel, that said resolution be adopted.
Resolution No. 83-421 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 6413 ENTITLED IN PART "A RESOLUTION
. . . ESTABLISHING A BASIC COMPENSATION PLAN. . .";
TO REMOVE SECURITY GUARDS FROM LIST OF CITY EMPLOY-
EES; AND TO PROVIDE REIMBURSEMENT TO THE REDEVELOP-
MENT AGENCY OF THE CITY OF SAN BERNARDINO FOR IN-
CREASED RATES OF PAY FOR SECURITY OFFICERS EFFEC-
TIVE JULY 1, 1983. (40)
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda and unanimously carried, that said resolution be
tabled.
RES. 83-422 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL
PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO
FOR THE COSTS OF THE ABATEMENT OF A PUBLIC NUISANCE.
(450-467 South Pear, 115-123 East Second Street,
795 East 40th Street, 2816 West Sixth Street) (42)
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda, that said resolution be adopted.
Resolution No. 83-422 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
RES. 83-423 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO PRESCRIBING A PROCEDURE UNDER WHICH DUPLICATES
OF CITY RECORDS LESS THAN FIVE YEARS OLD MAY BE
DESTROYED. (45)
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda, that said resolution be adopted.
Resolution No. 83-423 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
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12/5/83
RES. 83-424 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT
TO AGREEMENT WITH COUNTY OF SAN BERNARDINO WHICH
CREATED THE "AUTHORITY FOR THE HANDICAPPED OF SAN
BERNARDINO COUNTY"; AND AUTHORIZING APPOINTMENTS OF
ALTERNATES TO THE GOVERNING BOARD. (43)
The City Attorney answered questions regarding the substituted
document for this item.
Council Member Marks made a motion, seconded by Council Mem-
ber Castaneda, that said resolution be adopted.
Resolution No. 83-424 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
RESOLUTION OF THE CITY OF SAN BERNARDINO 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". (44)
Council Member Strickler made a motion, seconded by Council
Member Reilly and unanimously carried, that said resolution be
continued to Monday, December 19, 1983, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
APPEAL HEARING - CONDITIONAL USE PERMIT NO. 671 -
4397 NORTH SIERRA WAY - MORELLI - CONTINUED FROM
NOVEMBER 21, 1983
This is the time and place continued to for a hearing on the
appeal filed by Kenneth Morelli on the conditions of approval im-
posed 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. (10)
A letter dated December 2, 1983 addressed to Dest and Bowler,
Attorneys at Law, from Frank Schuma, Planning Director, was pre-
sented. The letter stated that Condition No. 5 was modified so
that landscaping and sprinkler system would be installed but would
not be a standard requirement and Condition No. 6 requiring a six
foot block wall was deleted.
Toby Bowler, representing Ken Morelli, stated that they have
reviewed the conditions set forth by the Planning Commission and
have agreed to them.
Mr. Don Popovich of Arrowhead Home at 4343 North Sierra Way,
presented a letter dated December 1, 1983, stating the problems
that his facility has encountered with the Rumour's nightclub
which include illegal parking, use of the facility grounds, litter,
damage to signs and the mail box and abuse and threats.
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda, to affirm the decision of the Planning Commission
including the amended findings of fact and approve the revised
Condition No. 5 so that landscaping and sprinkler system would be
installed but would not be a standard requirement and Condition
No. 6 requiring a six foot block wall be deleted, as submitted by
the Planning Department.
Council Member Marks made a motion, seconded by Council Mem-
ber Quiel and unanimously carried, that the previous motion be
amended to include the following amendment to Condition No.8:
That forty-five (instead of ninety) days from the date of the
Planning Commission hearing, a status report from the Planning
Department staff shall be presented to the Commission following
communication with the property owner, adjacent residents and the
Police Department.
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12/5/83
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. 83-425 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, APPROVING
THE ISSUANCE BY THE CITY OF ITS "CITY OF SAN BER-
NARDINO INDUSTRIAL DEVELOPMENT REVENUE BONDS,
SERIES 1983A (TRI-CITIES INVESTMENT COMPANY COM-
MERCE PLAZA PROJECT)" AND MAKING CERTAIN DETER-
MINATIONS RELATING THERETO (TEFRA) (155 and 165
Hospitality Lane, SElF)
(RIa)
The City Clerk read the title of the resolution.
Council Member Quiel made a motion, seconded by Council Mem-
ber Strickler and unanimously carried, that further reading of
the resolution be waived and said resolution be adopted.
Resolution No. 83-425 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
COUNCIL MEMBER FRAZIER EXCUSED
Council Member Frazier was excused from the Council Meeting.
RES. 83-426 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING ITS
ELECTION TO HAVE THE $10,000,000 LIMITATION OF SEC-
TION 103(b) (6) (D) OF THE INTERNAL REVENUE CODE OF
1954, AS AMENDED, APPLIED TO THE ISSUANCE OF AN IN-
DUSTRIAL DEVELOPMENT REVENUE NOTE ISSUED BY SAID
CITY PURSUANT TO AN APPLICATION THEREFOR FILED BY
TRI-CITIES INVESTMENT COMPANY, A CALIFORNIA LIMITED
PARTNERSHIP, AND DIRECTING THAT A STATEMENT OF SUCH
ELECTION BE FILED WITH THE DISTRICT DIRECTOR OF THE
INTERNAL REVENUE FORTHWITH. (155 and 165 Hospitality
Lane, SEIP)
(RIb)
The City Clerk read the title of the resolution.
Council Member Quiel made a motion, seconded by Council Mem-
ber Strickler and unanimously carried, that further reading of
the resolution be waived and said resolution be adopted.
Resolution No. 83-426 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Strickler. Noes: None. Absent: Council Member Frazier.
COUNCIL MEMBER FRAZIER RETURNED
Council Member Frazier returned to the Council Meeting and
took his place at the Council Table.
WAIVE READINGS - REDEVELOPMENT AGENCY RESOLUTIONS
The City Clerk read the title of all the resolutions on the
Redevelopment Agency agenda.
Council Member Frazier made a motion, seconded by Council
Member Quiel and unanimously carried, that further reading of
all the resolutions on the Redevelopment Agency be waived.
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12/5/83
RES. 83-427 - 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 COM-
PLIES WITH THE PROVISIONS AND REQUIREMENTS OF SAID
ORDINANCE NO. 3815; APPROVING SAID APPLICATION AND
THE PROJECT TO WHICH IT REFERS; DIRECTING THE PREP-
ARATION OF A PROJECT AGREEMENT, A RESOLUTION OF IS-
SUANCE 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. (Schurgin
Development Corporation) (Southwest quadrant of
Second and "G" Streets, Central City South)
(R2a)
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda, that said resolution be adopted.
Resolution No. 83-427 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
RES. 83-428 - 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. (Schurgin Development Corporation)
(R2b)
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda, that said resolution be adopted.
Resolution No. 83-428 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
RES. 83-429 - 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 CERT~IN
PROJECT, FINDING THAT SAID APPLICATION COMPLIES WITH
THE PROVISIONS AND REQUIREMENTS OF SAID ORDINANCE
NO. 3815; APPROVING SAID APPLICATION AND THE PROJECT
TO WHICH IT REFERS; DIRECTING THE PREPARATION OF A
PROJECT AGREEMENT, A RESOLUTION OF ISSUANCE AND SUCH
OTHER LEGAL DOCUMENTS AS MAY BE NECESSARY TO CARRY
OUT SAID PROJECT AND PROVIDE FOR THE ISSUANCE OF IN-
DUSTRIAL DEVELOPMENT REVENUE BONDS THEREFOR; AND
MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN
CONNECTION THEREWITH. (Fireless Furnaces, Inc.)
(Richardson Street and Riverview Drive, SEIP) (R3a)
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda, that said resolution be adopted.
Resolution No. 83-429 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
RES. 83-430 - 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. (Fireless Furnaces, Inc.)
(R3b)
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda, that said resolution be adopted.
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12/5/83
Resolution No. 83-430 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
RES. 83-431 - 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 NEC-
ESSARY TO CARRY OUT SAID PROJECT AND PROVIDE FOR
THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BONDS THEREFOR; AND MAKING CERTAIN OTHER FINDINGS
AND DETERMINATIONS IN CONNECTION THEREWITH. (Colony
Apartments Project) (west of Waterman Avenue, north
of Barton Road and south of Southern Pacific rail-
road tracks)
(R4a)
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda, that said resolution be adopted.
Resolution No. 83-431 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
RES. 83-432 - 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 (Colony Apartments Project)
(R4b)
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda, that said resolution be adopted.
Resolution No. 83-432 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
RES. 83-433 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AUTHORIZING THE PREPARATION AND FILING OF A
NOTICE FOR AN ALLOCATION OF RESIDENTIAL MORTGAGE
REVENUE BONDS FROM THE CALIFORNIA MORTGAGE BOND AL-
LOCATION COMMITTEE. (Home financing Program) (R5)
Glenda Saul, Acting Executive Director of the Redevelopment
Agency, answered questions regarding the mortgage revenue bond
program.
Council Member Quiel made a motion, seconded by Council Mem-
ber Hernandez, that said resolution be adopted.
Resolution No. 83-433 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
RES. 83-434 - RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
RESTATING THE PREVIOUS INTENTION OF SAID CITY TO
PROVIDE INDUSTRIAL REVENUE BOND FINANCING FOR CER-
TAIN DESIGNATED PROJECTS. (R6)
Council Member Quiel made a motion, seconded by Council Mem-
ber Hernandez, that said resolution be adopted.
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12/5/83
Resolution No. 83-434 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
RES. 83-435 - 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 COM-
PLIES WITH THE PROVISIONS AND REQUIREMENTS OF SAID
ORDINANCE NO. 3815; APPROVING SAID APPLICATION AND
THE PROJECT TO WHICH IT REFERS; DIRECTING THE PREP-
ARATION OF A PROJECT AGREEMENT, A RESOLUTION OF IS-
SUANCE 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. (R.E. Fritts)
(1299 South Riverview Drive and 1304 East San Bernar-
dino Avenue) (R7a)
Council Member Frazier made a motion, seconded by Council
Member Castaneda, that said resolution be adopted.
Resolution No. 83-435 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
RES. 83-436 - 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 FOR DECEMBER 19, 1983. (R.E. Fritts)
(R7b)
Council Member Frazier made a motion, seconded by Council
Member Castaneda, that said resolution be adopted.
Resolution No. 83-436 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
RES. 83-437 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO APPROVING A FIRST AMENDMENT TO THE AGREEMENT
BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION AND
THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNAR-
DINO, RELATING TO THE USE OF THE JOINT CITY/COUNTY
REVOLVING FUND OF SUPPLEMENTARY COMMUNITY DEVELOP-
MENT BLOCK GRANT FUNDS.
(Rllb)
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda and unanimously carried, that further reading of
the resolution be waived.
Mr. Steven Peacock of Peacock Enterprises, LTD., answered
questions regarding the amount of subsidies for this project
which include the price of the land, the interest on the loan
and building permit fees.
Council Member Hernandez made a motion, seconded by Council
Member Castaneda, that said resolution be adopted.
Resolution No. 83-437 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Quiel,
Frazier, Strickler. Noes: Council Member Marks. Absent: None.
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12/5/83
RES. 83-438 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT
TO DISPOSITION AGREEMENT FOR LYTLE CREEK HOUSING
DEVELOPMENT, WITH THE SAN BERNARDINO ECONOMIC DE-
VELOPMENT COUNCIL.
(Rlld)
Council Member Quiel made a motion, seconded by Council Mem-
ber Castaneda and unanimously carried, that further reading of
the resolution be waived.
Council Member Hernandez made a motion, seconded by Council
Member Castaneda, that said resolution be adopted.
Resolution No. 83-438 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Quiel,
Frazier, Strickler. Noes: Council Member Marks. Absent: None.
INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING - DORJIL
COMPANY - SOUTHEAST CORNER OF CALIFORNIA AND 19TH
STREETS
Council Member Quiel made a motion, seconded by Council Mem-
ber Reilly, that Redevelopment Agency Item No. 19a regarding the
application for industrial development revenue bond financing by
the Dorjil Company located at the southeast corner of California
and 19th Streets be taken out of order.
The motion carried by the following vote: Ayes: Council
Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler.
Noes: Council Member Hernandez. Absent: None.
RES. 83-439 - 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 COM-
PLIES WITH THE PROVISIONS AND REQUIREMENTS OF SAID
ORDINANCE NO. 3815, APPROVING SAID APPLICATION AND
THE PROJECT TO WHICH IT REFERS, DIRECTING THE PREP-
ARATION OF A PROJECT AGREEMENT, A RESOLUTION OF IS-
SUANCE 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. (The Dorjil
Company) (southeast corner of California and 19th
Streets) (R19a)
Council Member Quiel made a motion, seconded by Council Mem-
ber Marks, that said resolution be adopted.
Resolution No. 83-439 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
RES. 83-440 - 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. (The Dorjil Company)
(R19b)
Council Member Quiel made a motion, seconded by Council Mem-
ber Marks, that said resolution be adopted.
Resolution No. 83-440 was adopted by the following vote:
Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
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12/5/83
RECESS MEETING - REDEVELOPMENT AGENCY CLOSED SESSION
At 12:05 p.m., the Regular Meeting of the Redevelopment
Agency recessed for a Closed Session.
ADJOURN CLOSED SESSION
At 12:20 p.m., the Closed Session of the Redevelopment Agency
adjourned to the Regular Meeting in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
INDUSTRIAL REVENUE BOND FINANCING - TEFRA HEARINGS
Council Member Castaneda made a motion, seconded by Council
Member Reilly and unanimously carried, that TEFRA hearings on
all industrial revenue bond financing which have previously been
approved by the Mayor and Common Council be held on Thursday,
December 22, 1983, at 1:00 p.m., in the Redevelopment Agency
Board Room, and to authorize and direct the staff to publish the
required notice for such hearings.
WAIVE READINGS - ORDINANCES
The City Clerk read the title of all the ordinances on the
agenda.
Council Member Strickler made a motion, seconded by
Member Quiel and unanimously carried, that the first and
readings of all the ordinances on the agenda be waived.
Council
final
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SAN BERNARDINO MUNICIPAL CODE SECTION 5.04.355 TO
EXCLUDE REFERENCE TO HYPNOTISM AS A PROHIBITED
ACTIVITY.
FIRST
(46)
Council Member Hernandez made a motion, seconded by Council
Member Frazier and unanimously carried, that said ordinance be
laid over for final passage.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SUBSECTIONS A AND D OF SECTION 3.44.140 OF THE SAN
BERNARDINO MUNICIPAL CODE TO PROVIDE A REFUND PRO-
CEDURE FOR SERVICE USERS LIVING IN MOBILE HOME
PARKS WHICH HAVE MASTER METERS FOR UTILITIES.
FIRST
(48)
Council Member Quiel made a motion, seconded by Council Mem-
ber Hernandez and unanimously carried, that said ordinance be
laid over for final passage.
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SECTION 3.44.170 TO THE SAN BERNARDINO MUNICIPAL
CODE TO PROVIDE FOR REVIEW OF TAX UPON. SERVICE
CHARGE INCREASE. (First reading)
(49)
Mayor Holcomb spoke in opposition to this ordinance as a
review of each increase would be very time consuming.
Council Member Strickler made a motion, seconded by Council
Member Frazier, that said ordinance be tabled.
The motion failed by
Members Quiel, Strickler.
Reilly, Hernandez, Marks,
the following vote: Ayes: Council
Noes: Council Members Castaneda,
Frazier. Absent: None.
Council Member Marks made a motion, seconded by Council Mem-
ber Castaneda and unanimously carried, that said ordinance be
continued to Monday, December 19, 1983, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California,
and referred to the Ways and Means Committee for review.
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12/5/83
ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A
CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZON-
ING MAP, WHICH IS INCORPORATED BY REFERENCE IN SEC-
TION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE
(PETITION NO. 83-20, A RECTANGULARLY-SHAPED PARCEL
OF LAND CONSISTING OF APPROXIMATELY 0.85 ACRE, HAV-
ING 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) .
FIRST
(47)
Council Member Hernandez made a motion, seconded by Council
Member Reilly and unanimously carried, that said ordinance be
laid over for final passage.
ORD. MC-320 - ORDINANCE OF THE CITY OF SAN BERNAR-
DINO AMENDING SECTION 12.28.060 OF THE SAN BERNAR-
DINO MUNICIPAL CODE AUTHORIZING USE OF PATTERNED
CONCRETE IN SIDEWALK AND PARKWAY CONSTRUCTION, AND
PROHIBITING THE USE OF QUARRY TILE OR CERAMIC TILE
IN SUCH FACILITIES.
FINAL
(54)
Council Member Castaneda made a motion, seconded by Council
Member Strickler, that said ordinance be adopted.
Ordinance MC-320 was adopted by the following vote: Ayes:
Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
ORD. MC-321 - ORDINANCE OF THE CITY OF SAN BERNAR-
DINO AMENDING SECTION 5.04.545 OF THE SAN BERNAR-
DINO MUNICIPAL CODE PERTAINING TO BUSINESS LICENSES
FOR CONTRACTORS AND CONSTRUCTION BUSINESSES TO DE-
LETE REFERENCE TO REPEALED SUBSECTION.
FINAL
(55)
Council Member Castaneda made a motion, seconded by Council
Member Strickler, that said ordinance be adopted.
Ordinance MC-321 was adopted by the following vote: Ayes:
Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
ORD. MC-322 - ORDINANCE OF THE CITY OF SAN BERNAR-
DINO AMENDING SECTION 19.82.030 OF THE SAN BERNAR-
DINO MUNICIPAL CODE PERTAINING TO PENALTIES FOR
VIOLATION OF TITLE 19, ZONING PROVISIONS, TO PRO-
VIDE 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 PENALTY THEREFOR.
FINAL
(56)
Council Member Castaneda made a motion, seconded by Council
Member Strickler, that said ordinance be adopted.
Ordinance MC-322 was adopted by the following vote: Ayes:
Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
ORD. MC-323 - ORDINANCE OF THE CITY OF SAN BERNAR-
DINO AMENDING SECTION 19.06.010 OF THE SAN BERNAR-
DINO MUNICIPAL CODE TO MAKE TECHNICAL CHANGES TO
CORRECT REFERENCES MADE TO CHAPTER AND ZONING
DISTRICT DESIGNATIONS.
FINAL
(57)
Council Member Castaneda made a motion, seconded by Council
Member Strickler, that said ordinance be adopted.
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12/5/83
Ordinance MC-323 was adopted by the following vote: Ayes:
Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
ORD. MC-324 - ORDINANCE OF THE CITY OF SAN BERNAR-
DINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION
2.50.010 TO APPROVE LATEST AMENDMENT TO CIVIL SER-
VICE RULE 511 CONCERNING REDUCTION IN FORCE.
FINAL
(58)
Council Member Castaneda made a motion, seconded by Council
Member Strickler, that said ordinance be adopted.
Ordinance MC-324 was adopted by the following vote: Ayes:
Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
ORD. MC-325 - ORDINANCE OF THE CITY OF SAN BERNAR-
DINO AMENDING CHAPTER 12.40 OF THE SAN BERNARDINO
MUNICIPAL CODE PERTAINING TO STREET TREES TO PRO-
VIDE THAT THE PUBLIC SERVICES SUPERINTENDENT SHALL
ADMINISTER CERTAIN PROVISIONS OF THE CHAPTER RE-
LATING TO MAINTENANCE OF STREET TREES, AND PROVID-
ING FOR THE DECLARATION OF A PUBLIC NUISANCE.
FINAL
(59)
Council Member Castaneda made a motion, seconded by Council
Member Strickler, that said ordinance be adopted.
Ordinance MC-325 was adopted by the following vote: Ayes:
Council Members Castaneda, Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler. Noes: None. Absent: None.
GENERAL REPORTS AND CORRESPONDENCE
Council Member Strickler made a motion, seconded by Council
Member Hernandez and unanimously carried, that the following
items be filed: (60)
a. Civil Service Eligibility List for:
Dispatcher - Open
b. Application No. 83-11-31 before the Public
Utilities Commission by Southern California
Edison Company for authority to increase rate
effective January 1, 1984; and authority to
reduce rates coincident with the implementa-
tion of the major additions adjustment clause
rates by reducing its energy cost adjustment
clause rates to reflect the fuel and energy
cost savings attributable to San Onofre
Nuclear Generating Station.
c. Report on Municipal Water Department, City of
San Bernardino Sewer Utility as of June 30,
1983.
d. Five alcoholic beverage control applications for
the following new and transferred licenses:
New
The Harris Company
Cafe Madrid
dba
300 North "E"
Street, Mezzanine
Level
On Sale
General
Otto Doggwiler dba
Otto's Inn
128-132 East
Highland Avenue
On Sale
General
Transferred
Osama Sarsour dba The
Country Corner Market
4711 North
Sierra Way
Off Sale
Beer & Wine
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12/5/83
Erin and Evelyn L.
Gilmore dba Victoria
Guernsey #6
1055 North Water-
man Avenue
Off Sale
Beer & Wine
Bobby L. Allen, Pres.
Country Connection, Inc.
dba The Brandin' Iron
320 South "E"
Street
On Sale
General
REQUEST FOR RECONSIDERATION OF COUNCIL ACTION -
CLOSURE OF ARROWHEAD AVENUE AT KENDALL DRIVE -
FAIRCHILD - CONTINUED FROM NOVEMBER 21, 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.
(11)
Council Member Quiel, Chairman of the Ad Hoc Committee on
the closure of Arrowhead Avenue at Kendall Drive, presented the
Ad Hoc Committee report of December 2, 1983. He stated in his
report that the Committee reviewed the alternatives to the traffic
problem on Arrowhead Avenue and it is the recommendation of the
Committee that the City install a three-way stop at the intersec-
tion of Arrowhead Avenue and "D" Street and remove the barricades
at Kendall Drive and Arrowhead Avenue. He stated in his report
that the Committee feels this should address the speed problems
that are creating hazards at Arrowhead Avenue. (26)
Chairman Quiel also stated in his report that the Committee
will continue to review traffic and street problems as they re-
late to Kendall Drive, "E" Street, Thirty-Sixth and Thirty-Fourth
Streets, and will report back to the Council with their findings
and recommendations for improved traffic control.
In a memorandum dated December 5, 1983, Roger Hardgrave,
Director of Public Works/City Engineer, stated that sufficient
sight distance is available for the installation of a three-way
stop at Arrowhead Avenue and "D" Street.
City Administrator Matzer answered questions regarding the
source of funding.
Council Member Quiel made a motion, seconded by Council Mem-
ber Strickler and unanimously carried, to authorize the installa-
tion of a three way stop at the intersection of Arrowhead Avenue
and "D" Street and to order the removal of the barricades at
Kendall Drive and Arrowhead Avenue when the three-way stop is
installed.
COUNCIL MEMBERS CASTANEDA, QUIEL AND FRAZIER EXCUSED
At 4:30 p.m., Council Members Castaneda, Quiel and Frazier
were excused from the Council Meeting.
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTAB-
LISHING REVISED PROCEDURAL RULES AND REGULATIONS
FOR ACCESS TO PUBLIC RECORDS UNDER THE CALIFORNIA
PUBLIC RECORDS ACT; REQUIRING THE PAYMENT OF FEES
FOR COPIES AND CERTIFICATION OF PUBLIC RECORDS;
AND REPEALING RESOLUTION NOS. 10384 AND 12319.
The City Clerk read the title of the resolution.
Council Member Marks made a motion, seconded by Council Mem-
ber Reilly and unanimously carried, that the resolution be con-
tinued to Monday, December 19, 1983, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
COUNCIL MEMBER FRAZIER RETURNED
Council Member Frazier returned to the Council Meeting and
took his place at the Council Table.
- 25 -
12/5/83
TERRACE ROAD, FROM SIXTH STREET TO ETIWANDA AVENUE -
CURB AND GUTTER CONSTRUCTION
A memorandum dated December 5, 1983 was received from Roger
Hardgrave, Director of Public Works/City Engineer, recommending
that Change Order No. Two to the contract with AAA Paving Com-
pany, for the construction of curbs and gutters on Terrace Road,
from Sixth Street to Etiwanda Avenue, be approved. The Change
Order will authorize the contractor to extend the limits of the
project to include the second lot north of Sixth Street.
Council Member Hernandez made a motion, seconded by Council
Member Reilly and unanimously carried, that Change Order No. Two,
to the contract with AAA Paving Company for construction of curbs
and gutters on Terrace Road, from Sixth Street to Etiwanda Avenue
in accordance with Plan No. 6373, be approved to authorize the
contractor to install street improvements in front of the second
lot north of Sixth Street, at a cost not to exceed $2,400.00.
RES. 83-441 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO MAKING APPLICATION TO THE LOCAL AGENCY FORMA-
TION COMMISSION OF THE COUNTY OF SAN BERNARDINO FOR
THE REVIEW OF THE CITY'S SPHERE OF INFLUENCE AND
FOR THE ANNEXATION OF TERRITORY LOCATED EAST OF
WATERMAN AVENUE, SOUTH OF THE U. S. FOREST SERVICE
BOUNDARIES, NORTH OF NORTON AIR FORCE BASE AND THE
REDLANDS SPHERE OF INFLUENCE AND GENERALLY WEST OF
THE U. S. FOREST SERVICE BOUNDARIES, AND ALSO IN-
CLUDING ARROWHEAD SUBURBAN FARMS, BOUNDED BY FIFTY-
SECOND STREET (HILL DRIVE) ON THE NORTH, MAGNOLIA
DRIVE ON THE WEST, ELECTRIC AVENUE ON THE EAST AND
FORTIETH STREET ON THE SOUTH.
The City Clerk read the title of the resolution.
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. 83-441 was adopted by the following vote:
Ayes: Council Members Reilly, Hernandez, Marks, Frazier,
Strickler. Noes: None. Absent: Council Members Castaneda,
Quiel.
STREET CLOSURE - 700 BLOCK OF WEST 26TH STREET -
DECEMBER 18, 1983 - KNIGHT
Pursuant to the recommendation of the Chief of Police, Coun-
cil Member Marks made a motion, seconded by Council Member Reilly
and unanimously carried, that the request by Marion Knight to
close the 700 block of West 26th Street, between the hours of
3:00 p.m. to 10:00 p.m. on Sunday, December 18, 1983, be granted.
(Sl)
SOUTHERN CALIFORNIA EDISON COMPANY PUBLICATION -
"KEEPING CURRENT"
A letter dated November 17, 1983 was received from Sue
Noreen, Area Manager of Southern California Edison Company, along
with a copy of a publication entitled "Keeping Current". She
stated in her letter that the most recent issue praised the
efforts of the City of San Bernardino and the accomplishments
achieved by the Energy Conservation Committee. She commended the
City for the diligence the City has displayed in carrying out
the energy conservation ethic. (S2)
Council Member Marks made a motion, seconded by Council Mem-
ber Reilly and unanimously carried, that the letter be filed.
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12/5/83
RES. 83-442 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT
TO AGREEMENT WITH SAN HIDALGO INSTITUTE, INC., RELA-
TING TO NUTRITION FOR SENIORS PROGRAM, INCREASING
TOTAL CONTRACT AMOUNT FROM $34,395.00 TO $35,809.00,
AND PROVIDING FOR INCREASED WAGES FOR EMPLOYEES OF
SAN HIDALGO INSTITUTE, INC. (S3)
The City Clerk read the title of the resolution.
Council Member Strickler 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. 83-442 was adopted by the following vote:
Ayes: Council Members Reilly, Hernandez, Marks, Frazier,
Strickler. Noes: None. Absent: Council Members Castaneda, Quiel.
RES. 83-443 - RESOLUTION OF THE CITY OF SAN BERNAR-
DINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT
TO AGREEMENT WITH THE COUNTY OF SAN BERNARDINO ACT-
ING AS THE AREA AGENCY ON AGING, INCREASING THE
GRANT FOR SENIOR NUTRITION PROGRAM FROM $186,544 TO
$210,985. (S4)
The City Clerk read the title of the resolution.
Council Member Strickler 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. 83-443 was adopted by the following vote:
Ayes: Council Members Reilly, Hernandez, Marks, Frazier,
Strickler. Noes: None. Absent: Council Members Castaneda, Quiel.
WEED ABATEMENT ASSIGNMENTS - SAN GORGONIO HIGH
SCHOOL BAND BOOSTER CLUB - BLACK UNITY ASSOCIATION
OF JOHNSON HALL
Council Member Hernandez made a motion, seconded by Council
Member Reilly and unanimously carried, that weed abatement assign-
ments be approved for the San Gorgonio High School Band Booster
Club and the Black Unity Association of Johnson Hall, in the
amount of $250 each, 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.
BLOOD BANK DONATION
Mayor Holcomb requested authorization to give time off for
employees for donating blood due to the shortage at the Blood
Bank.
Council Member Marks made a motion, seconded by Council Mem-
ber Frazier and unanimously carried, that Mayor Holcomb be autho-
rized to give any City employee two hours off with pay, on a one
time basis, for giving blood at the Blood Bank during this period
of critical need.
COUNCIL MEMBER HERNANDEZ EXCUSED
Council Member Hernandez was excused from the Council Meet-
ing.
RECESS MEETING - CLOSED SESSION
At 4:40 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 Herbert Goettelmann and
pending litigation. (28)
- 27 -
12/5/83
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 Reilly, Marks, Frazier, Strickler; City
Attorney Prince, City Administrator Matzer. Absent: Council
Members Castaneda, Hernandez, Olliel.
Also present was Ray Schweitzer, Deputy City Administrator.
MAYOR HOLCOMB EXCUSED
At 4:55 p.m., Mayor Holcomb was excused from the Closed Ses-
sion.
RISK MANAGEMENT COORDINATOR SOLHEIM ARRIVED
At 4:55 p.m., Risk Management Coordinator Solheim arrived
at the Closed Session.
RISK MANAGEMENT COORDINATOR SOLHEIM EXCUSED
At 5:30 p.m., Risk Management Coordinator Solheim was ex-
cused from the Closed Session.
ADJOURN CLOSED SESSION
At 5:45 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 5:45 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
ing present: Mayor Pro Tempore
Marks, Frazier, Strickler; City
City Attorney Prince. Absent:
Castaneda, Hernandez, Quiel.
City Clerk with the following be-
Frazier; Council Members Reilly,
Attorney Prince, City Clerk Clark,
Mayor Holcomb; Council Members
POLICE DEPARTMENT - DISABILITY RETIREMENT - TURNER
A memorandum dated November 29, 1983 was received from Ron
Solheim, Risk Management Coordinator, recommending that the City
Administrator file notice with the Public Employees Retirement
System stating that Lonnie Turner, a former Police Officer, is
not entitled to a disability retirement.
Council Member Strickler made a motion, seconded by Council
Member Marks and unanimously carried, that the Mayor and Common
Council hereby find Lonnie Turner not to be incapacitated for the
performance of his duties as a Police Officer, that he was ter-
minated for cause, and that he not be placed on disability retire-
ment.
FIRE DEPARTMENT - DISABILITY RETIREMENT - BAILEY
In a memorandum dated November 29, 1983, Ron Solheim, Risk
Management Coordinator, recommended that the City Administrator
file notice with the Public Employees Retirement System stating
that Donald W. Bailey is permanently incapacitated from continu-
ing his duties as a Fireman.
- 28 -
12/5/83
Council Member Strickler made a motion, seconded by Council
Member Reilly and unanimously carried, that the Mayor and Common
Council hereby find Donald W. Bailey to be incapacitated for the
performance of his duties as a Fireman and that this finding be
certified to the Public Employees Retirement System, as provided
in Section 21025 of the Government Code, together with a request
that Mr. Bailey be placed on disability retirement.
FIRE DEPARTMENT - DISABILITY RETIREMENT - GLASS
A memorandum dated November 29, 1983 was received from Ron
Solheim, Risk Management Coordinator, recommending that the City
Administrator file a notice with the Public Employees Retirement
System stating that Ernest Glass is permanently incapacitated
from continuing his duties as a Fireman.
Council Member Strickler made a motion, seconded by Council
Member Marks and unanimously carried, that the Mayor and Common
Council hereby find Ernest L. Glass to be incapacitated for the
performance of his duties as a Fireman and that this finding be
certified to the Public Employees Retirement System, as provided
in Section 21025 of the Government Code, together with a request
that Mr. Glass be placed on disability retirement.
POLICE DEPARTMENT - DISABILITY RETIREMENT - HUMPHRIES,
HURST, McDONALD
In a memorandum dated November 29, 1983, Ron Solheim, Risk
Management Coordinator, recommended that the City Administrator
file a notice with the Public Employees Retirement System stating
that Samuel R. Humphries, John R. Hurst and John W. McDonald Jr.
are incapacitated from continuing their duties as Police Officers.
Council Member Strickler made a motion, seconded by Council
Member Marks and unanimously carried, that the Mayor and Common
Council hereby find Samuel R. Humphries, John R. Hurst and John
W. McDonald Jr. to be incapacitated for the performance of their
duties as Police Officers and that these findings be certified
to the Public Employees Retirement System, as provided in Sec-
tion 21025 of the Government Code, together with a request that
they be placed on disability retirement.
CLAIM PROCESSING - PURCHASE OF TYPEWRITERS, HIRING OF
TYPISTS - SUMMERS VS. THE CITY OF SAN BERNARDINO
Council Member Strickler made a motion, seconded by Council
Member Marks and unanimously carried, that the Risk Management
Coordinator, with approval of the City Administrator and agree-
ment by the Chief of Police and Purchasing Agent, be authorized
to expend funds from Liability Account No. 23-423-252 for the
following:
1. Purchase of two IBM Typewriters.
2. Purchase of two Sony transcribers and attachments.
3. Hiring of three temporary typists at a fee not to
exceed $8.00 per hour, to perform transcribing of
256 90 minute tapes in custody of the Police De-
partment.
CLAIM SETTLEMENT - HALL
Council Member Strickler made a motion, seconded by Council
Member Marks and unanimously carried, that the claim of L. T.
Hall, by his attorney of Record, William D. Shapiro, for bodily
injuries alleged to be the result of a traffic accident at the
intersection of Victoria and Date, City of San Bernardino, on
June 14, 1982, be approved in the negotiated sum not to exceed
$5,000.
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CLAIM SETTLEMENT - LAWLER
Council Member Strickler made a motion, seconded by Council
Member Marks and unanimously carried, that the claim of Ronald E.
Lawler, by his attorney of record, Shaffer & Marks, for bodily
injuries alleged to be the result of a traffic accident at the
intersection of Victoria and Date, City of San Bernardino, on
June 14, 1982, be approved in the negotiated sum not to exceed
$6,000.
CLAIM SETTLEMENT - STATE OF CALIFORNIA
Council Member Strickler made a motion, seconded by Council
Member Marks and unanimously carried, that the Risk Management
Coordinator be authorized to settle the pending claim of the State
of California, for actual and proved medical costs and disability
costs under the Workers' Compensation Laws, when submitted, for
advanced payments for Hall and Lawlers' hospitalization and
treatment.
CLAIM SETTLEMENT - NEELY
Council Member Strickler made a motion, seconded by Council
Member Marks and unanimously carried, that the Risk Management
Coordinator be authorized to forward the sum of $6,441.20, paya-
ble to claimant Mildred D. Neely and her attorney of record,
John M. Hogan; as full and complete settlement for injuries sus-
tained to her person and automobile on December 16, 1981, at the
intersection of Kendall Drive and Fourth Street, City of San
Bernardino; when claimant's vehicle struck a raised manhole.
This amount was granted by an arbitrator on October 31, 1983.
GRIEVANCE - GOETTELMANN - FIRE DEPARTMENT
The grievance filed by Herbert Goettelmann of the Fire De-
partment was withdrawn.
COUNCIL POLICY - JTPA - STATE, FEDERAL AND CITY LAWS
Council Member Marks made a motion, seconded by Council Mem-
ber Reilly and unanimously carried, to direct the Executive
Director of CETA and the CETA Department, now called JTPA, that
it is the Council policy that JTPA and the Department shall com-
ply with all applicable State, Federal and City laws and regula-
tions, except as otherwise authorized by the Mayor and Common
Council.
City Attorney Prince answered questions stating that JTPA is
a department of the City and therefore requires Council approval
for contracts and expenditures.
RECESS MEETING - CLOSED SESSION
At 6:00 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 pending litigation.
ROLL CALL
Roll Call was taken with the following being present: Mayor
Pro Tempore Frazier; Council Members Reilly, Marks, Frazier,
Strickler; City Attorney Prince, City Administrator Matzer.
Absent: Mayor Holcomb; Council Members Castaneda, Hernandez,
Quiel.
ADJOURN CLOSED SESSION
At 6:05 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 6:05 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.
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12/5/83
ROLL CALL
Roll Call was taken by the City Clerk with the following be-
ing present: Mayor Pro Tempore Frazier; Council Members Reilly,
Marks, Frazier, Strickler; City Attorney Prince, City Clerk Clark,
City Administrator Matzer. Absent: Mayor Holcomb; Council Mem-
bers Castaneda, Hernandez, Quiel.
MILL CENTER RECREATION FACILITY - CORRECTIVE WORK -
RON ROBERTS & ASSOCIATES - CONTINUED FROM EARLIER
IN THE MEETING
This is the time and place continued to for action on the
uncompleted corrective work on the Mill Center Recreation by
Ron Roberts & Associates. (17)
Council Member Marks made a motion, seconded by Council Mem-
ber Strickler and unanimously carried, to direct the City Attor-
ney to prepare appropriate legal action to notify the bonding
company of the default and have that preparation ready for Coun-
cil action at the Council meeting to be held on Monday, December
19, 1983, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
ADJOURN MEETING
At 6:07 p.m., Council Member Strickler made a motion, seconded
by Council Member Frazier and unanimously carried, that the meeting
be adjourned.
City Clerk
Approved the 19th of December, 1983.
Mayor of the City of San Bernardino
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