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HomeMy WebLinkAbout05-09-1983 Minutes . . City of San Bernardino, California May 9, 1983 . This is the time and place heretofore set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Regular Meeting held Monday, May 2, 1983, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California; all members of the Mayor and Common Council being absent therefrom. The City Clerk has caused to be posted the Notice of Adjourn- ment of said meeting held Monday, May 2, 1983, at 9:00 a.m., and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said Notice which was posted on Monday, May 2, 1983, at 9:01 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . The Adjourned Regular Meeting of the Mayor and Common Coun- cil of the City of San Bernardino was called to order by Mayor Holcomb at 9:00 a.m., on Monday, May 9, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION Invocation was given by Reverend Elijah S. Singletary, Pastor of New Life Missionary Baptist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Hernandez. 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, Hobbs, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. PROCLAMATION - PARTNERS DAY - MAY 18, 1983 Dave Light, Executive Assistant to the Mayor, read a procla- mation of the Mayor of the City of San Bernardino proclaiming May 18, 1983, as Partners Day in the City of San Bernardino. . Mr. Ken Quinn, Director of Partners Program, accepted the proclamation. APPROVE MINUTES - APRIL 12, 1983 Council Member Marks made a motion, seconded by Council Mem- ber Hernandez 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 12th of April, 1983, as submitted in type- written form. (1) APPROVE MINUTES - APRIL 18, 1983 Council Member Marks made a motion, seconded by Council Mem- ber Hernandez 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 18th of April, 1983, as submitted in type- written form. (2) . RIO VISTA REGIONAL PARK CONSTRUCTION - REDLANDS PAVING, INC. In a memorandum dated April 22, 1983, Roger Hardgrave, Director of Public Works/City Engineer, recommended that the construction of Rio vista Regional Park by Redlands Paving, Inc., be approved and accepted. (4) . . . . . Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the work performed by the contractor, in accordance with Specification 6198, be approved and accepted; and that final payment be authorized at the end of the lien period. AUTOMATIC DOOR INSTALLATION - CITY HALL - EZ AUTOMATED SYSTEMS, INC. Roger Hardgrave, Director of Public Works/City Engineer, recommended in a memorandum dated April 22, 1983, approval of the installation of automatic doors in City Hall by EZ Automated Systems, Inc. (5) Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the work performed by the contractor, in accordance with Specification 6262, be approved and accepted; and that final payment be authorized at the end of the lien period. STREET LIGHT INSTALLATION - 3354 AND 3364 MT. VIEW AVENUE A memorandum dated April 28, 1983 was received from Roger Hardgrave, Director of Public Works/City Engineer, recommending that a mid-block street light be installed between 3354 and 3364 Mt. View Avenue. (6) Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the installation of a street light between 3354 and 3364 Mt. View Avenue be authorized; and the Electrical Superintendent directed to make the necessary arrangements with Southern California Edison Company. STREET LIGHT INSTALLATION - McKINLEY AVENUE AND HIGHLAND AVENUE INTERSECTION In a memorandum dated April 27, 1983, Roger Hardgrave, Director of Public Works/City Engineer, recommended that a street light be installed at the intersection of McKinley Avenue and Highland Avenue Frontage Road. (7) Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the installation of a street light, at the intersection of McKinley Avenue and Highland Avenue Frontage Road, be authorized; and the Electrical Superin- tendent directed to make the necessary arrangements with Southern California Edison Company. COUNCIL PERSONNEL COMMITTEE REPORT - FILL AND ESTABLISH POSITIONS - PERSONNEL ACTION Council Member Hobbs, Chairman of the Council Personnel Committee, presented the Council Personnel Committee minutes of their May 4, 1983 meeting where the Committee recommended approval of the request to fill positions of Senior Center/Senior Service Aides in the Human Services Department. Chairman Hobbs stated that the Committee was requested to consider establishment of Fire Fighter Trainee position to authorize an additional entry level position for Fire Fighter. The Committee continued this matter to their next meeting. The Personnel Committee also recom- mended for approval the personnel action for Thomas V. Odell, Maintenance Plumber in the Public Buildings Division. (8) Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the Council Personnel Committee report be filed. CLAIMS AND PAYROLL Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, to approve demands against ~ the City and authorize the issuance of warrants as follows: (9) - 2 - 5/9/83 . . . . . . 1. Approve the register of demands dated: April 11, 1983 April 18, 1983 #82/83 #82/83 $526,568,15 $858,407.12 2. Approve a supplement to the total gross payroll for the period February 7, 1983 through February 20, 1983, in the amount of $147.64. 3. Approve the total gross payroll for the period February 21, 1983 through March 6, 1983, in the amount of $972,286.59. 4. Approve the total gross payroll for the period March 7, 1983 through March 20, 1983, in the amount of $3,860.40. 5. Approve the total gross payroll for the period March 21, 1983 through April 3, 1983, in the amount of $932,084.19. PERSONNEL ACTIONS Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the Personnel Actions submitted by the Director of Personnel, in accordance with all administrative regulations of the City of San Bernardino, be ap- proved and ratified as follows: (10) APPOINTMENTS Police Department Ricky J. Cartony - Police Officer Effective May 10, 1983 David G. Dillon - Police Officer Effective May 10, 1983 Paul pancucci - Police Officer Effective May 10, 1983 David M. Rosas - Police Officer Effective May 10, 1983 Vernall D. Townsend - Police Officer Effective May 10, 1983 LEAVE OF ABSENCE Cemetery Gilbert M. DeLeon - Heavy Laborer From April 28, 1983 to June 5, 1983 Communications Harry W. Lieske - Electronics Supply Clerk From May 2, 1983 to May 13, 1983 Park and Recreation Crescencio G. Guzman - Heavy Laborer From April 20, 1983 to May 20, 1983 Public Buildings Francisco L. Vela - Custodian From May 5, 1983 to June 16, 1983 COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. - 3 - 5/9/83 . . . DISABILITY RETIREMENT - POORBAUGH - POLICE DEPARTMENT A memorandum dated April 13, 1983 was received from Ronald Solheim, Risk Management Coordinator, recommending that the City Administrator file notice with the Public Employees Retirement System stating that Sylvester Ben Poorbaugh is permanently in- capacitated from continuing his duties as a Police Officer. (3) Council Member Hernandez requested that this item be removed from the Consent Calendar to discuss the increased number of medical retirements by police officers. City Administrator Matzer answered questions. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that the Mayor and Common Council hereby find Sylvester Ben Poorbaugh to be incapa- citated for the performance of his duties as a Police Officer and that this finding be certified to the Public Employees Retirement System, as provided in Section 21025 of the Government Code, to- gether with a request that Mr. Poorbaugh be placed on disability retirement. . COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and took his place at the Council Table. PLANNING COMMISSION RECOMMENDATION - CONTINUED FROM APRIL 18, 1983 This is the time and place continued to for the following Planning Commission recommendation: That the applications for Tentative Tract Nos. 11232, 12013, 12014 and Conditional Development Permit No. 1168, Ned Cohan and Associates, owner, to establish a 140 lot large-scale neighborhood housing project in the R-3-2000 Multiple Family Residential zone on a rectangularly-shaped parcel of land consisting of approximately 20.58 acres having a frontage of ap- proximately 1,320 feet east of the center line of Sterling Avenue, be recommended for denial, based on findings of fact. (11) . Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that this item be continued to Monday, March 5, 1984, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PLANNING COMMISSION REPORT Frank Schuma, Planning Director, gave the Planning Report regarding all Planning Commission matters of the meeting of April 19, 1983. The following recommendations were made: That the application for Change of Zone No. 83-5, Mini Space, Inc., applicant, to change the land use zoning district from C-3A Limited General Commercial to C-M Commercial-Manufacturing for an irregularly- shaped parcel of land consisting of approximately 2.3 acres comprising an entire block bounded by Highland Avenue to the south, 23rd Street to the north between Mt. Vernon Avenue and Cajon Boulevard, be recommended for approval, based on findings of fact. (12) . Council Member Hobbs made a motion, seconded by Council Mem- ber Strickler and unanimously carried, to approve the responses to comments and to adopt the Negative Declaration for environmental review which has been reviewed and considered. - 4 - 5/9/83 . . . council Member Hobbs made a motion, seconded by Council Mem- ber Strickler and unanimously carried, to approve the findings of fact and the recommendation of the Planning Commission and the City Attorney be directed to prepare the necessary amendments to the zoning ordinance. COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. That the application for Change of Zone No. 83-6, Nemencia R. Bingcang, applicant, to change the land use zoning district from R-1-7200 Single-Family Residential to R-2 Two-Family Residential for a rectangularly-shaped parcel of land consisting of approximately 12,000 square feet having a frontage of approximately 100 feet on the east side of Mountain Avenue and being located approximately 345 feet south of the center line of Marshall Boulevard, be recommended for approval, based on findings of fact. (13) . Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, to approve the responses to comments and to adopt the Negative Declaration for environmental review which has been reviewed and considered. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, to approve the findings of fact and the recommendation of the Planning Commission and the City Attorney be directed to prepare the necessary amendments to the zoning ordinance. COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and took his place at the Council Table. GENERAL PLAN REVISION PROGRAM In a memorandum dated April 27, 1983, Frank Schuma, Planning Director, recommended that the current Comprehensive General Plan be revised as the Plan that is now in existence is based on assump- tions and data which are no longer applicable or valid. (14) . Council Member Strickler stated that he will abstain from discussion on this matter Frank Schuma, Planning Director, answered questions regard- ing provisions for citizen input. Council Member Reilly made a motion, seconded by Council Member Marks, to approve in principle the proposed general plan revision program and refer it to the City Administrator for a recommendation for funding at the budget session. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs. Noes: None. Absent: None. Abstain: Council Member Strickler. PARKING DISTRICT LOT NO. ONE - 122 PARKING SPACES OPTION - FRANK DOMINGUEZ - CONTINUED FROM APRIL 18, 1983 This is the time and place continued to for discussion on the commitment by Mr. Frank Dominguez to exercise his option re- garding 122 parking spaces in Parking District Lot No. One. (15) The matter was held over for discussion in Closed Session. . - 5 - 5/9/83 . . . . LEGISLATIVE REVIEW COMMITTEE REPORT - MINIMUM PARKING REQUIREMENTS - CONSOLIDATION OF CITY ELECTIONS Council Member Strickler, Chairman of the Legislative Review Committee, presented the Legislative Review Committee report of April 28, 1983, where revisions of the minimum parking require- ments for commercial, industrial and residential areas were dis- cussed. Chairman Strickler also stated that the Legislative Re- view Committee discussed the issue of consolidating City elections with Statewide primary elections held in June and General elec- tions held in November. It was determined by the Committee that the City Council could not take any action on this item until 1985. (16) City Attorney Prince answered questions regarding the next opportunity that the Council would have to place a charter amend- ment on the ballot. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the report from the Chairman of the Legislative Review Committee be received and filed. TRANSPORTATION COMMITTEE REPORT - OMNITRANS BUDGET ADOPTION Council Member Castaneda, Chairman of the Transportation Committee, presented the Transportation Committee minutes of the meeting on April 28, 1983, where the Committee discussed items that need Committee recommendations and Council action before adoption of Omnitrans budget. Chairman Castaneda stated that at the Committee meeting, the General Manager of Omnitrans stated that the allocation of funds from the state government was not sufficient to cover the cost of operations, even with cuts, and Omnitrans is now looking for alternative means of meeting costs to maintain appropriate levels of service. The Committee recom- mended that the Omnitrans Board be informed that the City would support "off the top" funding for transit operations in lieu of the current allocation method and that public hearings should be conducted before any final recommendations for transit service levels are included in the Omnitrans budget. (17) The Mayor and Common Council discussed the Transportation Committee report and off the top funding for transit operations. They also discussed the weighted vote of the City and County. Mr. Wesley McDaniels, Director of SanBag, was present to . answer questions. Council Member Marks made a motion, seconded by Council Mem- ber Hobbs and unanimously carried, that the Transportation Com- mittee report be continued to Monday, May 23, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . CITY MANAGEMENT ADVISORY BOARD - CHAMBER OF COMMERCE In a memorandum dated May 2, 1983, John Matzer, City Admin- istrator, recommended that the proposal by the San Bernardino Area Chamber of Commerce that a City Management Advisory Board be established, be endorsed. Mr. Matzer stated in his memorandum that the purpose of the Board would be to review City programs and make recommendations for productivity improvement. (18) Mayor Holcomb answered questions regarding the City Manage- ment Advisory Board. Council Member Quiel made a motion, seconded by Council Mem- ber Marks and unanimously carried, to endorse the City Management Advisory Board as proposed by the San Bernardino Area Chamber of Commerce. - 6 - 5/9/83 . . . PARKING TIME LIMITATIONS - PARKING LOT NO. ONE - FIFTH AND "E" STREETS In a memorandum dated May 4, 1983, Roger Hardgrave, Director of Public Works/City Engineer, recommended approval of the con- version of 25 parking spaces located on the north side of the approach driveway off "E" Street into Parking District Lot No. One to the approach driveway off Fifth Street, from a two-hour to a one-hour parking limitation. (19) The owner of the Bible Supply Center spoke in favor of the conversion. George Webster of the Parking Place Commission, was present to answer questions. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that the City Attorney be directed to prepare the necessary amendment converting the 25 parking spaces on the north side of the approach driveway from "E" Street in District Parking Lot No. One to the approach driveway from Fifth Street, from two- hour to one-hour parking. . The motion carried by the following vote: Members Castaneda, Reilly, Marks, Quiel, Hobbs, None. Absent: None. Abstain: Council Member Ayes: Council Strickler. Noes: Hernandez. STURGES AUDITORIUM PARKING LOT - CHANGE ORDER NO. TWO - FISHER'S GRADING AND EXCAVATING Roger Hardgrave, Director of Public Works/City Engineer, recommended in a memorandum dated April 25, 1983, that Change Order No. Two to the contract with Fisher's Grading and Excavat- ing, Inc. for the construction of Sturges Auditorium Parking Lot, be approved. The change order will authorize the contractor to furnish and install five-inch gray PVC conduit, as required by the Southern California Edison Company. (20) City Administrator Matzer and City Engineer Hardgrave ex- plained the reasons for the change order which involves the re- quirement of the Edison Company to use gray conduit for under- ground electrical. . Council Member Quiel made a motion, seconded by Council Mem- ber Marks and unanimously carried, that Change Order No. Two, to the contract with Fisher's Grading and Excavating, Inc., for con- struction of Sturges Auditorium Parking Lot, in accordance with Plan No. 6247, be approved, the furnishing and installation of a five-inch gray PVC conduit, at a cost not to exceed $2,000.00, for an increase in the contract price from $49,417.58 to $51,417.58, be authorized; and the City Administrator be directed to contact the Edison Company as far as recovering this amount. COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. STORM DAMAGE REPAIR - TERRACE ROAD AND MILL STREET - CHANGE ORDER NO. ONE - BRENTON LEE RHODES A memorandum dated April 25, 1983 was received from Roger Hardgrave, Director of Public Works/City Engineer, recommending that the repair of storm damage to Terrace Road and Mill Street be approved and that Change Order No. One, to the contract with Brenton Lee Rhodes, be approved. (21) . Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that the Change Order approval be continued to Monday, May 23, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. - 7 - 5/9/83 . . . . COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and took his place at the Council Table. TRAFFIC SIGNAL MODIFICATION - 30TH STREET, FROM "E" STREET TO SIERRA WAY - CHANGE ORDER NO. ONE - PAUL GARDNER CORPORATION In a memorandum dated April 28, 1983, Roger Hardgrave, Director of Public Works/City Engineer, recommended that the mod- ification of existing traffic signals on 30th Street, from "E" Street to Sierra Way, by Paul Gardner Corporation, be approved, and that Change Order No. One also be approved. (22) Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the work performed by the contractor, in accordance with Specification No. 5958, be approved and accepted, and that final payment be authorized at the expiration of the lien period; and that Change Order No. One be approved for deleting the requirement to provide Type 3 detector disconnects, at a contract cost reduction of $1,108.50, from $32,129.00 to $31,047.35. CONCRETE SIGN INSTALLATION - STATE COLLEGE PARKWAY MEDIAN, SOUTH OF KENDALL DRIVE Roger Hardgrave, Director of Public Works/City Engineer, recommended in a memorandum dated April 22, 1983, that the re- quest from California State College - San Bernardino to install a concrete sign in the median of State College Parkway be approved. (23) Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the request from Califor- nia State College - San Bernardino to install a concrete sign in the median of State College Parkway, south of Kendall Drive, be approved; and the City Attorney directed to prepare the necessary license agreement. APPRAISAL SERVICES - ACQUISITION OF PROPERTY - SOUTH OF RIO VISTA PARK - GRIGSBY A memorandum dated April 25, 1983 was received from Director of Public Works/City Engineer recommending that standard agreement be executed for appraisal services in tion with the anticipated purchase of land located south Vista Park. the a connec- of Rio (24) . Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that the execution of a standard agreement with Edward G. Grigsby, for appraisal services in connection with the planned acquisition of property located south of Rio Vista Park, be authorized. . PROTEST HEARING - CHAPTER 27 IMPROVEMENTS - VARIOUS LOCATIONS This is the time and place set for a protest hearing on the request from the Director of Public Works/City Engineer to pro- ceed with instituting proceedings under Chapter 27 for the in- stallation of various street improvements affecting 16 parcels. (25) Mayor Holcomb opened the hearing. A letter dated May 3, 1983 was received from Harold W. Willis protesting the notice he received from the City that he must construct certain improvements to his property located on Ninth Street and Waterman Avenue. Mr. Bill Alsinger, Property Service Manager for the City of Riverside, stated that Riverside owns 896 feet of footage on South "E" Street and though they did not object to installing the drainage improvements, the City of Riverside felt that the storm drainage improvements should be done first. - 8 - 5/9/83 . . . Roger Hardgrave, Director of Public Works/City Engineer, stated that storm drains are in the capital improvement program for a few years down the road, but at this time, funding is not available. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the hearing be closed. Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the protest be over- ruled and find and determine that the public convenience and necessity require the installation of off-site improvements in front of those parcels of land described on Exhibit "A" attached to the memo from Roger G. Hardgrave, Director of Public Works/ Superintendent of Streets, dated April 7, 1983, and order the work done (except Parcel No. 147-211-09 which was deferred for six months) and that the Director of Public Works/Superintendent of Streets is hereby directed to cause the installation of said im- provements if the property owners have not commenced such con- struction by June 26, 1983. . SALE OF PROPERTY - NORTHWEST CORNER OF 21ST STREET AND VALENCIA AVENUE This is the time and place set for the the sale of City owned property located of 21st Street and Valencia Avenue. receipt of oral bids at the northwest cor- (26) for ner Mayor Holcomb asked if anyone in the audience wanted to place an oral bid. No offers were received. Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the sealed bid re- ceived from St. Bernardine's Hospital for the City-owned parcel on the northwest corner of 21st Street and Valencia Avenue, in the amount of $277,735.00, be accepted; and authorization granted to enter into escrow. . BUSINESS LICENSE FEES - CONTRACTORS AND COLLECTION AGENCIES - DELETION OF DISCOUNT Lee Gagnon, Business License Supervisor, recommended in a memorandum dated April 25, 1983, that the Municipal Code be amended to delete provisions permitting payment of fifty percent of the business license fees for contractors and collection agencies as a review of business license ordinances from other cities reveals that this practice is not permitted in the other cities. (27) Council Member Quiel made a motion, seconded by Council Mem- ber strickler and unanimously carried, that the City Attorney be instructed to prepare the necessary amendments to Municipal Code Sections 5.04.545(E) and 5.04.420(D) to delete the fifty percent business license discount granted to contractors and collection agencies. DEFERRED COMPENSATION PROGRAM - TERMINATION OF AGREEMENT Troy Minning, Chairman of the Deferred Compensation Committee, recommended in a memorandum dated April 26, 1983, that the City Attorney be directed to serve notice to Pacific Federal of termi- nation of the agreement with Pacific Federal Savings and Loan Association relative to the deferred compensation program. (28) . Council Member Reilly stated that he would abstain from vot- ing on this matter as he is a member of the Public Employees Re- tirement System. - 9 - 5/9/83 . . . Council Member Hernandez made a motion, seconded by Council Member Strickler, that the City Attorney be authorized and directed to serve notice to Pacific Federal of termination of the agreement dated the 20th day of June, 1974, with Santa Fe Federal Savings & Loan Association; and to prepare a depository agreement with Great Western Savings & Loan for adoption by the Mayor and Common Coun- cil at the meeting of May 23, 1983. The motion carried by the following vote: Ayes: Council Members Castaneda, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. Abstain: Council Member Reilly. NUTRITION FOR SENIORS PROGRAM - CONTINUATION OF PROGRAM In a memorandum dated April 19, 1983, Anne Rhodes, Director of Human Services Department, requested authorization to submit an application to the San Bernardino County Office on Aging for a continuation of the Senior Nutrition Program now administered by the City. (29) . Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the Mayor be authorized to submit an application to the San Bernardino County Office on Aging for continuation of the Nutrition for Seniors Program ad- ministered by the City of San Bernardino. ZONING REQUIREMENTS - 521 CABRERA STREET - GARCIA Mr. Ariel Garcia requested in a letter dated April 27, 1983, discussion regarding zoning requirements for neighboring property at 521 Cabrera Street. (31) Mr. Garcia, who lives next door to the property which is zoned C-3 and is being used as a junk yard, presented his com- plaint. City Attorney Prince stated that the matter is already under investigation and objected to it being placed on the Council agenda. Francisco Gomez of 530 Western who lives across the street from the subject property, also complained about the nuisance. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda, that the matter be continued to the next Council meeting and that the investigating departments be requested to . submit a report on the findings of the investigation. City Attorney Prince stated that this matter received special attention by being placed on the Council agenda and objected to the manner in which it was being handled. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Hobbs, Strickler. Noes: Council Member Quiel. Absent: None. UTILITY TAX REFORM - CITY COUNCIL AD HOC COMMITTEE Council Member Marks presented a memorandum dated May 6, 1983, recommending that a City Council ad hoc committee be es- tablished to examine the appropriateness of the current City utility tax and the financial procedures utilized to collect said tax as municipal revenue. (32) . Council Member Marks made a motion, seconded by Council Mem- ber Hernandez, that a City Council Ad Hoc Committee on utility tax reform be established and that the City Attorney be directed to prepare an appropriate resolution implementing said Council policy decision. - 10 - 5/9/83 . . Mayor Holcomb objected to the motion and a lengthy discus- sion followed. 4t Francisco Gomez suggested that this matter become part of the debate between Mayor Holcomb and Council Member Marks. Ray Sharpe of the Southern California Gas Company and Presi- dent of the Chamber of Commerce, stated that the Gas Company is neutral on utility tax and agreed that after representatives of the Chamber of Commerce sat in on the last budget session, they decided it would be impossible to totally eliminate utility tax. Council Member Quiel made a substitute motion, seconded by Council Member Strickler and unanimously carried, that the utility tax be referred to the Ways and Means Committee. Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the Ways and Means Com- mittee be instructed to examine all issues set forth in Council Member Marks' memorandum of May 6, 1983 and report back to the Council by July 1, 1983. . POLICE DEPARTMENT - ADDITIONAL RESOURCES Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the request from Council Member Marks to discuss the establishment of a process to address the need for additional resources for the Police Depart- ment be continued to Monday, May 23, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (33) RES. 83-118 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE COUNTY OF SAN BER- NARDINO AND THE CITY OF SAN BERNARDINO CREATING AN AGENCY TO BE KNOWN AS THE AUTHORITY FOR A GREATER SAN BERNARDINO; AND REPEALING RESOLUTION NO. 83-41. (34) The City Clerk read the title of the resolution. Council Member Marks presented a memorandum dated May 6, 1983, which sets forth the revisions to the draft joint powers agreement document. . Council Member Quiel made a motion, seconded by Council Mem- ber Hobbs and unanimously carried, that further reading of the resolution be waived. Council Member Marks made a motion, seconded by Council Mem- ber Quiel, that said resolution be adopted. Resolution No. 83-118 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Hobbs, Strickler. Noes: Council Members Castaneda, Hernandez. Absent: None. COUNCIL MEMBERS CASTANEDA AND REILLY EXCUSED Council Members Castaneda and Reilly were excused from the Council Meeting. REQUEST FOR FUNDS - WESTERN REGIONAL LITTLE LEAGUE TOURNAMENT - AUGUST 13-20, 1983 In a letter dated April 28, 1983, Thomas C. Boyle, Western Regional Director of Little League Baseball Incorporated, requested an allocation in the amount of $3,500 for the Western Regional Little League Tournament to be held during the period of August 13 through August 20, 1983. (35) . - 11 - 5/9/83 . . . Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the request of Western Regional Little League for an allocation of funds in the amount of $3,500 for the Western Regional Little League Tournament to be held August 13-20, 1983, be referred to the Ways and Means Com- mittee. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. TEMPORARY STREET CLOSURE - WESTERN AVENUE, FROM 42ND STREET TO KENDALL DRIVE In a memorandum dated May 4, 1983, Roger Hardgrave, Director of Public Works/City Engineer, stated that the City Traffic En- gineering Section has recently received a written petition from residents in the neighborhood adjacent to Western Avenue request- ing that Western Avenue, between Kendall Drive and 42nd Street, be temporarily closed due to the numerous burglaries in their neighborhood. (36) . Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the request for tem- porary closure of Western Avenue, from 42nd Street to Kendall Drive, be granted. 5 AND 10K RUN - WOMEN'S HEALTH FESTIVAL - MAY 15, 1983 Pursuant to the recommendation of the Chief of Police, Coun- cil Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the request from the Women's Health Festival for a 5 and 10K run on Sunday, May 15, 1983, from 7:00 a.m. to 10:00 a.m., be approved subject to the following conditions stipulated in the memorandum from the Police Department dated April 12, 1983: (37) 1. permission would be granted to close off the right- hand lane for the event, and the applicant should be advised that they must provide the cones and the placement of the cones. 2. The Police Department will supply on-duty police personnel to monitor the event. . 3. The applicant be advised that the Police Department will not conduct traffic control at intersections, and all participants must be advised that they must obey all traffic laws. 4. The applicant be advised that none of their per- sonnel will be allowed to direct traffic at any intersections. 5. The applicant be advised that she should have sufficient personnel at checkpoints to monitor the event. 6. The applicant be advised that the event must run on schedule. COUNCIL MEMBER CASTANEDA RETURNED Council Member Castaneda returned to the Council Meeting and took his place at the Council Table. . WAIVE READINGS - RESOLUTIONS The City Clerk read the title of all the resolutions on the agenda. Council Member Reilly made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of all the resolutions on the agenda be waived. - 12 - 5/9/83 . . . RES. 83-119 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT FOR THE FURNISHING AND DE- LIVERING OF IRRIGATION MATERIALS IN ACCORDANCE WITH SPECIFICATION NO. F-83-6. (Western Irrigation Supply) (40) Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 83-119 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. ALLEY VACATION -BETWEEN SIXTH AND SPRUCE STREETS, EAST OF MT. VERNON AVENUE The Director of Public Works/City Engineer recommended in a memorandum dated April 26, 1983 that the plan for vacating a por- tion of an alley between sixth and Spruce Streets, east of Mt. Vernon Avenue be approved and that the City Engineer and City Clerk be authorized to proceed. (41) . Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that Plan No. 6336 for the vacation of a portion of an alley between Sixth Street and Spruce Street, east of Mt. Vernon Avenue, be approved and the City En- gineer and City Clerk be authorized to proceed. RES. 83-120 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF AN ALLEY BETWEEN SIXTH STREET AND SPRUCE STREET, EAST OF MT. VERNON AVENUE. Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 83-120 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. RES. 83-121 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION, ACCEPTING A GRANT DEED FROM FRANK H. TOSTADO AND BARBARA J. TOSTADO, HUSBAND AND WIFE, AND SANT/TOSTADO #1, A GENERAL PARTNERSHIP. (42) . Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 83-121 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. RES. 83-122 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION RELATING TO THE USE OF A PORTION OF DIOCESE OWNED LAND FOR PUBLIC RECREATIONAL PURPOSES TO BE KNOWN AS AQUINAS RECREATION AREA. (Continued from April 18, 1983) (38) City Administrator Matzer answered questions regarding op- erating hours. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez, that said resolution be adopted. . Resolution No. 83-122 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. - 13 - 5/9/83 . . . council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the Park and Recrea- tion Department be directed to place an appropriate sign on the property identifying the subject property as the Aquinas Recrea- tional Area and that the subject area is open to the public be- tween 7:00 a.m. to 10:00 p.m. RES. 83-123 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 10584 ENTITLED IN PART "A RESOLUTION. . .ESTABLISHING. . .EMPLOYER-EMPLOYEE RELATIONS. . ."; AND ADDING THE POSITION OF LEGAL STENOGRAPHER II TO THE CONFIDENTIAL UNIT. (43) Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 83-123 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. . RES. 83-124 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO AGREEMENT WITH MICHAEL B. LYNCH RELATING TO THE CONDUCT OF POLYGRAPH EXAMINATIONS. (44) Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 83-124 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. RES. 83-125 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE FINANCE DEPARTMENT. (46) Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 83-125 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. . RES. 83-126 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 82-323 ENTITLED IN PART "RESOLUTION. . .PROVIDING NOTICE OF THE TIMES, DATES AND PLACES OF REGULAR MEETINGS OF THE VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES. . .", TO ESTABLISH THAT THE POLICE COMMISSION SHALL MEET ON THE FIRST MONDAY OF EACH MONTH. (47) Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 83-126 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. RES. 83-127 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A LEASE WITH PACIFIC FEDERAL SAVINGS AND LOAN ASSOCIATION RELAT- ING TO A UTILITY PAYMENT CENTER AT 501 NORTH MT. VERNON AVENUE. (45) . Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolution be adopted. <Ii Resolution No. 83-127 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. - 14 - 5/9/83 . . . , ~ . . COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. RES. 83-128 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH PEARLINE DAVIS RELATING TO A ONE YEAR EXTENSION OF AN AGREEMENT FOR SERVICES FOR MANAGING THE PHONE ALERT LEAGUE PROGRAM. (48) Council Member Hernandez made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 83-128 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. RES. 83-129 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO ACCEPTING GRANT AWARD FROM OFFICE OF CRIMINAL JUSTICE PLANNING FOR CAREER CRIMINAL APPREHENSION AND PROSECUTION PROGRAM. (49) COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and took his place at the Council Table. Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-129 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. RES. 83-130 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SMURFIT DIAMOND PACKAGING CORPORATION RELATING TO ELECTION SUPPLIES AND SERVICES FOR THE GENERAL MU- NICIPAL ELECTION TO BE HELD ON MAY 3, 1983; AND RE- PEALING RESOLUTION NO. 83-102. (50) Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 83-130 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. WAIVE READINGS - ORDINANCES The City Clerk read the title of all the ordinances on the agenda. Council Member Hernandez made a motion, seconded by Member Castaneda and unanimously carried, that the first reading of all the ordinances on the agenda be waived. Council and final ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING ZONING DESIGNATION R-3-3000 MULTIPLE FAMILY RESI- DENTIAL FOR CERTAIN DESCRIBED PROPERTY CURRENTLY PENDING ANNEXATION TO THE CITY OF SAN BERNARDINO (PREZONE, A RECTANGULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 1.8 ACRES LOCATED AT THE SOUTHEAST CORNER OF 42ND STREET AND "E" STREET). FIRST (51) Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that said ordinance be laid over for final passage. - 15 - 5/9/83 . . . ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PE- TITION NO. 83-2, A RECTANGULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 16,000 SQUARE FEET HAVING A FRONTAGE OF APPROXIMATELY 100 FEET ON THE NORTH SIDE OF MARSHALL BOULEVARD AND BEING LOCATED APPROXIMATELY 240 FEET WEST OF THE CENTER LINE OF DEL ROSA AVENUE) . FIRST (52) Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez, that said ordinance be laid over for final passage. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Quiel, Hobbs, Strickler. Noes: None. Absent: None. Abstain: Council Member Marks. . ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PE- TITION NO. 83-3, AN IRREGULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 0.4 ACRE HAVING A FRONTAGE OF APPROXIMATELY 50 FEET ON THE EAST SIDE OF WATERMAN AVENUE AND BEING LOCATED APPROXIMATELY 610 FEET SOUTH OF THE CENTER LINE OF RIALTO AVENUE) . FIRST (53) Council Member Castaneda 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 CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED WASTEWATER FACILITIES, TO REVISE STANDARDS FOR DISCHARGE INTO SEWER SYSTEM, TO REQUIRE REGULAR CLEANING OF GREASE, OIL AND SAND INTERCEPTORS, TO ESTABLISH AUTHORITY TO REQUIRE SEPARATION OF INDUS- TRIAL WASTEWATERS FROM DOMESTIC WASTEWATERS, TO RE- QUIRE COMPLIANCE WITH FEDERAL WASTEWATER STANDARDS, TO REQUIRE ALL EXISTING, NONDOMESTIC WASTEWATER DIS- CHARGERS TO OBTAIN A WASTEWATER DISCHARGE PERMIT, TO CREATE PROCEDURES TO ESTABLISH CONFIDENTIALITY OF CERTAIN REQUIRED REPORTS, AND TO MAKE VARIOUS TECH- NICAL CORRECTIONS. FIRST (54) Council Member Castaneda made a motion, seconded by Council Member Hernandez and unanimously carried, that said ordinance be laid over for final passage. COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. ORD. MC-269 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING ORDINANCE NO. MC-255 RELATING TO CHANGE OF ZONE PETITION NO. 82-28, A RECTANGULARLY- SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 1.2 ACRES HAVING A FRONTAGE OF APPROXIMATELY 350 FEET ON THE SOUTH SIDE OF MARSHALL BOULEVARD AND BEING LOCATED APPROXIMATELY 300 FEET WEST OF THE CENTER LINE OF STERLING AVENUE; AND CORRECTING THE LEGAL DESCRIPTION THEREIN. FINAL (55) Council Member Castaneda made a motion, seconded by Council Member Hernandez, that said ordinance be adopted. . Ordinance MC-269 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. - 16 - 5/9/83 . . . ORD. MC-270 - ORDINANCE REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 83-1, A RECTANGULARLY-SHAPED PARCEL OF LAND HAVING A FRONTAGE OF APPROXIMATELY 50 FEET ON THE EAST SIDE OF BELLE STREET AND BEING LOCATED APPROXIMATELY 285 FEET NORTH OF THE CENTER LINE OF 21ST STREET) . FINAL (56) Council Member Castaneda made a motion, seconded by Council Member Hernandez, that said ordinance be adopted. Ordinance MC-270 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and took his place at the Council Table. COUNCIL MEMBERS HERNANDEZ AND MARKS EXCUSED Council Members Hernandez and Marks were excused from the Council Meeting. . GENERAL REPORTS AND CORRESPONDENCE Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the following items be filed: (57) a. Investigation on the Public Utilities Commission own motion into the rules, procedures and practices which should be applicable to the Commission's re- view of transmission lines not exceeding 200 Kilo- volts. b. Application No. 83-01-12 filed by Advanced Mobile Phone Service, Inc. and the Los Angeles SMSA Limited Partnership for certificate of Public Con- venience and Necessity. c. Letter from the Public Utilities Commission con- cerning insurance, safety, and route regulation of round-trip sightseeing tour services. . d. Letter and application No. 83 04 32 to the Public Utilities Commission from George W. Scott for authority to operate as a passenger state corpora- tion to provide home-to-work service between Fontana and Daggett. e. Notice from Greyhound Lines, Inc. concerning Ap- plication No. 83-02-62 with the Public utilities Commission, relating to increased passenger bus fares. f. Ten alcoholic beverage control applications for the following new and transferred licenses: New Carol A. Paddock dba Your Place 324 West High- land Avenue On Sale Beer & Wine Asad H. Barlas & Mumtaz A. Khan dba La Chiquita Grocery 1160 West Seventh Street Off Sale Beer & Wine . Transferred Dave E. Newland & Raymond Niblick dba Lill's 1353 North Street liE" On Sale General - 17 - 5/9/83 . Stater Bros. Markets #02 . Stater Bros. Markets #08 Stater Bros. Markets #58 Stater Bros. Markets #24 Stater Bros. Markets #36 Stater Bros. Markets #104 Kwok J. Tam dba Golden Dragon . 1269 Waterman Avenue 1085 West High- land Avenue 3633 East High- land Avenue 1522 East High- land Avenue 277 East 40th Street 648 W. Fourth Street 1042 West High- land Avenue Off Sale Beer & Wine Off Sale General Off Sale General Off Sale General Off Sale General Off Sale General On Sale Beer & Wine COUNCIL MEMBERS HERNANDEZ AND MARKS RETURNED Council Members Hernandez and Marks returned to the Council tt Meeting and took their place at the Council Table. PERSONNEL ACTION - PUBLIC BUILDINGS Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that Thomas V. Odell be appointed to the position of Maintenance Plumber in the Public Buildings Division, at Range 91, Step A, effective May 10, 1983. (Sl) RES. 83-131 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT TO AAA PAVING COMPANY FOR INSTALLATION OF FILL-IN STREET IMPROVEMENTS AT 23 LOCATIONS. (S3) The City Clerk read the title of the resolution. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. . Resolution No. 83-131 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. STREET CLOSURE - PIEDMONT COURT - JUNE 11, 1983 Pursuant to the recommendation of the Chief of Police, Coun- cil Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the request from Bill Wallace for the closure of Piedmont Court on June 11, 1983, from 5:00 p.m. to 11:00 p.m. for the purpose of conducting a block party be approved, subject to the following conditions stipulated by the Chief of Police: (54) 1. The City of San Bernardino will furnish at least six barricades to block off the street (cul-de-sac) at the north curb line. The pick up, placement and return of the barricades will be responsibility of the block party chairman. 2. If any stereo or P.A. equipment is used, this equip- ment will have to be shut down at 10:00 p.m. to com- ply with the noise ordinance. . 3. The party chairman will be responsible for keeping order and control of persons who spill out into the main traveled portion of Piedmont Drive that could be a potential traffic hazard to motorists. - 18 - 5/9/83 . . COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler was excused from the Council Meet- . ing. GAMES OF AMUSEMENT LICENSE - WELBORN AND DIZON In a memorandum dated May 4, 1983, Ben GOfizales, Police Chief, recommended that the business license applications for a games of amusement permit for James R. Welborn and Jose M. Dizon be approved. (S2) The Mayor and Common Council discussed the policy of the Police Department as far as cooperation with the school district in truancy matters. Council Member Reilly made a motion, seconded by Council Member Quiel, that the business license for a games of amusement operators permit for James R. Welborn and Jose M. Dizon be ap- proved. The motion carried by Members Castaneda, Reilly, Member Hernandez. Absent: the following vote: Ayes: Marks, Quiel, Hobbs. Noes: Council Member Strickler. Council Council . REQUEST FOR INVESTIGATION - ALLEGATIONS ABOUT SAN BERNARDINO EMPLOYMENT AND TRAINING ADMINISTRATION A memorandum dated May 4, 1983 was received from Council Member Hernandez requesting discussion on the media article dated April 30, 1983, regarding SBETA. (S5) The Council agreed to discuss this matter in Closed Session. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. SAN BERNARDINO WESTS IDE COMMUNITY DEVELOPMENT CORPORA- TION DEBTS EXTENSION A memorandum dated May 6, 1983 was received Member Hobbs requesting discussion on whether to the debts owed to the City by the San Bernardino munity Development Corporation. from Council waive or extend Wests ide Com- (S6) . Council Member Strickler stated that he would abstain on this matter. Council Member Hobbs presented and explained the request. Council Member Hobbs made a motion, seconded by Council Mem- ber Castaneda, that the Executive Director of Redevelopment be instructed to prepare and execute the appropriate documents to (waive) (extend) the San Bernardino Westside Community Develop- ment Corporation's debt to the City for industrial land sale. After discussion, Council Member Hobbs withdrew his motion and made a substitute motion, seconded by Council Member Quiel, to refer this request to staff for a policy and a legal recommen- dation and report back to the Common Council at the next meeting. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs. Noes: None. Absent: None. Abstain: Council Member Strickler. . RENAMING GILLETTE FIELD TO CARL KARPER FIELD A letter dated May 5, 1983 was received from Marye Miles, Chairman of the Park and Recreation Commission, stating that the Park and Recreation Commission has recommended that Gillette Field be renamed Carl Karper Field as Carl Karper is actively involved with Newmark Little League and Mr. Gillette, whom the ball field was originally named after, no longer resides in this area. (S7) - 19 - 5/9/83 . . . . . . Council Member Hobbs made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the recommendation from the Park and Recreation Commission to rename Gillette Field - Carl Karper Field, be approved. OFFICIAL CANVASS - GENERAL MUNICIPAL ELECTION - MAY 3, 1983 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF SAN BERNARDINO I, SHAUNA CLARK, City Clerk in and for the City of San Ber- nardino, DO HEREBY CERTIFY, that pursuant to the provisions of the Charter of the City of San Bernardino, did canvass the returns of the vote cast in the City of San Bernardino, in said County, in the General Municipal Election held on May 3, 1983, for elective public offices, and that the Statement of Vote Cast, to which this certificate is attached, shows the whole number of votes cast for each candidate, and that the total of the respective columns as shown for each candidate are full, true and correct. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Bernardino this 6th day of May, 1983. /s/ SHAUNA CLARK City Clerk Council Member Castaneda made a motion, seconded by Council Member Hernandez and unanimously carried, that the results of the General Municipal Election held on the 3rd day of May, 1983, as set forth in the Statement of Vote Cast, as certified by the City Clerk, be declared official as follows: (S8) GENERAL MUNICIPAL ELECTION VOTES CAST VOTES CAST 4,053 ABSENTEES 1,390 TOTAL 5,443 1. That the whole number of votes cast in the Third Ward and Sixth Ward of said City at the General Municipal Election was 5,443. 2. That the names of the candidates seeking election to the respective public office are as follows: a. For the Office of Council Member, Third Ward Ralph Hernandez Tim Gergen b. For the Office of Council Member, Sixth Ward John Hobbs Dan Frazier - 20 - 5/9/83 . . 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. . . SAN BERNARDINO VOTING PRECINCT . COUNCIL MEMBER THIRD WARD 8 I'iIU 8Z OH :>U I'iI H~ ~p. 8 Or.. 80 N I'iI Q Z ~ ~ I'iI ~ ~ P. H ~ 17 206 20 148 21 24 25 223 13 26 168 202 184 12 22 43 44 45 87 235 14 179 18 29 232 8 32 333 30 31 33 67 128 235 122 4090 162 222 224 22737 96 97 129 101 99 136 92 102 194 71 10 1127 THIRD WARD TOTALS 2067 ABSENTEE VOTES TOTAL 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. SAN BERNARDINO VOTING PRECINCT 11 85 183 218 229 98 1 196 105 174 112 89 99 199 117 185 186 39 54 46 57 63 83 160 170 398 2067 1525 COUNCIL MEMBER SIXTH WARD 8 I'iIU 8Z OH :>U I'iI H~ ~p. 8 Or.. 80 195 82 261 241 230 196 204 148 252 177 CJl co CO o ~ Z ~ o h 61 27 96 126 130 72 109 76 101 101 899 SIXTH WARD TOTALS 1986 ABSENTEE VOTES TOTAL 252 1986 1151 . Z I'iI r.9 ~ I'iI r.9 :<: H F-< 102 45 92 64 81 96 86 120 130 45 25 886 429 1315 ~ I'iI H N ~ r.. ~ Q 127 54 154 III 92 120 88 69 145 71 1031 285 1316 That the number of votes cast for each candidate for each respective office at said General Municipal Election is as follows: Ralph Hernandez Tim Gergen . . . COUNCIL MEMBER THIRD WARD - 21 - 1,525 1,315 5/9/83 . . COUNCIL MEMBER SIXTH WARD . John Hobbs . Dan Frazier 1,151 1,316 In accordance with the Official Results of the General Muni- cipal Election, as declared complete and correct by the Mayor and Common Council, the following candidates are declared elected, having received a majority vote at said General Municipal Elec- tion: COUNCIL MEMBER, THIRD WARD Ralph Hernandez COUNCIL MEMBER, SIXTH WARD Dan Frazier COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. . REDEVELOPMENT AGENCY - ADJOURNED REGULAR MEETING The Adjourned Regular Meeting of the Redevelopment Agency was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Redevelopment Agency and the Community Development Com- mission acted upon their agenda items. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO NEIGHBORHOOD HOUSING SERVICES FOR USE OF COMMUNITY BLOCK GRANT FUNDS. The City Clerk read the title of the resolution. Gary Van Osdel, Executive Director of the Redevelopment Agency, answered questions regarding the San Bernardino Neighbor- hood Housing Services. . Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the resolution be con- tinued to Monday, May 23, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 83-132 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING AND ADOPTING COLLECTION PROCEDURES AND FORECLOSURE POLICIES RELATING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT REHABILITATION LOANS. The City Clerk read the title of the resolution. Council Member Castaneda made a motion, seconded by Council Member Strickler, that further reading of the resolution be waived, that the resolution be amended by interdelineation by de- leting Subsection paragraph No. 2 and the line in paragraph No. 3 that refers to "paragraph No.1 above", and that said resolu- tion be adopted as amended. Resolution No. 83-132 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. . - 22 - 5/9/83 . . . RESCIND PREVIOUS AGREEMENT - PEACOCK ENTERPRISES, LTD - LYTLE CREEK HOUSING DEVELOPMENT PROJECT It was recommended by the Redevelopment Agency that Resolu- tion No. 82-355 approving a disposition and joint development agreement with Peacock Enterprises, Ltd. for the development of the Lytle Creek Housing Development, be rescinded. Gary Van OSdel, Executive Director of the Redevelopment Agency, presented concerns regarding the cost effectiveness of the project and answered questions. Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that this matter be continued to Monday, May 23, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and took his place at the Council Table. . USE OF HUD FUNDS - STREET IMPROVEMENTS The Executive Director of the Redevelopment Agency spoke re- garding the possible use of HUD funds to compensate the City's budget for street improvements. Council Member Marks made a motion, seconded by Council Mem- ber Reilly, to instruct staff to evaluate the options that are available for the use of Community Development funds that would help the most in balancing next year's budget. The motion carried by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Hobbs, Strickler. Noes: Council Member Hernandez. Absent: None. Abstain: Council Member Castaneda. RECESS MEETING - CLOSED SESSION At 12:00 p.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino recessed for a Closed Session to discuss the items regarding the ex-San Bernar- dino CETA Manager, the grievance of Police Officer George Guerrero and pending litigation. (30) . CLOSED SESSION The Closed Session of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. Also present were Joanne Fenton, Deputy City Attorney, Susan Hopkins, Deputy City Attorney, Attorney David Duchrow, Officer George Guerrero, and Ron Solheim, Risk Management Coordinator. DUCHROW, GUERRERO AND HOPKINS EXCUSED At 12:20 p.m., Attorney David Duchrow, Officer Guerrero and Susan Hopkins, Deputy City Attorney, were excused from the Closed Session. . ADJOURN CLOSED SESSION At 1:12 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Adjourned Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. - 23 - 5/9/83 . . . RECONVENE MEETING At 1:12 p.m., the Adjourned 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 Bernar- dino, 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, Hobbs, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. GRIEVANCE - GUERRERO - POLICE OFFICER Council Member Quiel made a motion, seconded by Council Mem- ber Hobbs, to sustain the decision of the Chief of Police trans- ferring Officer George Guerrero from the Vice-Narcotics Section of the Investigative Division to the Patrol Division, the Council determination being made in accordance with Step 5 of the griev- ance procedure set forth in the Memorandum of Understanding for Police Safety Employees. . The motion Members Reilly, None. Absent: carried by the following Hernandez, Marks, Quiel, None. Abstain: Council vote: Hobbs, Member Ayes: Council Strickler. Noes: Castaneda. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez was excused from the Council Meeting. CLAIM DENIAL - C & H CONSTRUCTION COMPANY In a memorandum dated May 9, 1983, Ronald Solheim, Risk Management Coordinator, recommended that the Mayor and Common Council uphold the denial of the claim of C & H Construction Company for damages in the amount of $5,000 for a sewer back-up at 1721 West Base Line. Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, that the denial of the claim of C & H Construction Company, alleging damages in the ap- proximate sum of $5,000 for a sewer back-up at 1721 West Base Line on February 28, 1983, be upheld. . PARKING DISTRICT LOT NO. ONE - 122 PARKING SPACES OPTION - DOMINGUEZ - CONTINUED FROM APRIL 18, 1983 This is the time and place continued to for discussion on the commitment by Mr. Frank Dominguez to exercise his option re- garding 122 parking spaces in Parking District Lot No. One. (15) Council Member Quiel made a motion, seconded by Council Mem- ber Marks and unanimously carried, that this matter be continued to Monday, May 23, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. RECONSIDER PREVIOUS ACTION - CLAIM DENIAL - C & H CONSTRUCTION COMPANY Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that the action uphold- ing the denial of the claim of C & H Construction Company for a sewer back-up at 1721 West Base Line, be reconsidered. Mr. Cain, owner of C & H Construction Company, presented additional evidence regarding the sewer back-up and stated other . property had been affected. - 24 - 5/9/83 . . . Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that this item be con- tinued to Monday, May 23, 1983, so that Mr. Cain can provide more facts to justify this claim against the City. PRESENTATION OF PRELIMINARY BUDGET City Administrator Matzer answered questions of the Council stating that the preliminary budget would be ready by Wednesday or Thursday of this week. ELECTRONIC MESSAGE CENTER SIGN CONVERSION - CENTRAL CITY MALL Wayne Overstreet, Public Buildings Superintendent, recom- mended in a memorandum dated May 3, 1983, that the two double faced electronic message center signs, one located on Fourth Street at the "F" Street entrance to the Central City Mall, and the second located on Second and "F" Streets, be converted to double faced fixed signs with interior illumination. He stated in his memorandum that this change would be a cost savings mea- sure of $378,000 for the life of the Reciprocal Easement Agree- ment. . Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that this matter be con- tinued to Monday, May 23, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. SPACE RENTAL DEPOSITS - MOBILE HOME PARK OWNERS In a memorandum dated May 9, 1983, Council Member Hernandez stated that several mobile home park owners are requiring tenants to deposit a sum of money identified as security deposit when the tenants move into the mobile home park. The security funds are not returned to the tenant and the accumulative interest on these security deposits is not passed on to the tenant. Council Member Hernandez is recommending in his memorandum that an ordinance be prepared requiring mobile home park owners to deposit space rental security deposits in trust fund to be returned to tenants with accumulative interest. . Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that the City Attorney be instructed to research feasibility of preparing City ordinance for consideration by the Mayor and Council which would require mobile home park owners to deposit security deposits in trust fund, and that accumulative interest be passed to the tenant as per agreement. DISCLOSURE OF PROPERTY INTERESTS - CITY ATTORNEY PRINCE A memorandum dated May 9, 1983 was received from Ralph Prince, City Attorney, stating the following: . Pursuant to the disclosure of my property interests in the Northwest Redevelopment Project area made at the meeting of March 28, 1983, please amend the minutes of March 28, 1983 of the Mayor and Common Council and the Community Development Commission of the City of San Bernardino to include this letter of disclosure. Although there have been previous disclosures of my property interests and it is doubtful that any con- flicts reasonably will occur, or that disclosure is required, I have a 1% interest in the San Bernardino Associates and University Shopping Center partner- ships, which own land located generally between State Street, the flood control channel, the Atchison, Topeka & Santa Fe Railroad tracks and the freeway, and an interest in my residence at 3160 Little Moun- tain Drive, San Bernardino, California. - 25 - 5/9/83 . . . . . . Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the letter be entered in- to official record. ABSENTEE BALLOT INVESTIGATION OF THOSE WHO VOTED TWICE - MAY 3, 1983 GENERAL MUNICIPAL ELECTION Council Member Hernandez made a motion to instruct the City Clerk not to refer to the Police Department for investigation of those who attempted to vote twice in the May 3, 1983 General Municipal Election. After discussion, the motion was withdrawn. ADJOURN MEETING At 1:22 p.m., Council Member Quiel made a motion, seconded by Council Member Hobbs and unanimously carried, that the meeting be adjourned. City Clerk Approved the 23rd of May, 1983. Mayor of the City of San Bernardino - 26 - 5/9/83