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HomeMy WebLinkAbout08-15-1983 Minutes City of San Bernardino, California August 15, 1983 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 9:00 a.m., on Monday, August 15, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Reverend Gertrude Whetzel of God's Great Cause Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Marks. 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. RESOLUTION OF COMMENDATION - VAN OSDEL Lorraine Velarde, Administrative Assistant to the Mayor, read a resolution commending Gary Van Osdel for his super lor per- formance as Executive Director of the Redevelopment Agency/Commu- nity Development Commission. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the resolution be ap- proved. Gary Van Osdel accepted the resolution. PRESENTATION - INTERNATIONAL SIGNAL ASSOCIATION Ernie Wilson, Affirmative Action Officer, presented awards from the International Signal Association to Roy Mutter, Electri- cal Supervisor (traffic signals), Roger DeFratis of the Civil Service Office, Bob Wirts, Traffic Engineer, and Ray Cook, in- structor from San Bernardino Valley College, for their work on traffic signals in the City of San Bernardino. PRESENTATION - CERTIFICATES TO SUPERVISORY TRAINING CLASS Ernie Wilson, Chairman of the Supervisory Training Class, presented certificates to the following persons who completed the Supervisory Training Class: John Benfield - Fire Department Becky Elarbee - Recreations Department Sue Hartman - Library Bob Holden - Parks Department Margie Lachman - Public Buildings Mercedes Monquia - Library Josie Nagy - Risk Management Willard pike - Water Department Rachel Shay - Engineering Division William Shearer - Public Buildings Russell Sturgeon - Fire Department Jim Watson - Water Department HIGHLAND ANNEXATION Mayor Holcomb spoke regarding the necessity for the Council to discuss the Highland Annexation issue. He stated that LAFCO is urging the City to move forward with the annexation of the High- land area but that such a move would be a tactical mistake at this time because the Cityhood issue is still alive. APPROVE MINUTES - AUGUST 1, 1983 Council Member Strickler made a motion, seconded by Council Member Quiel 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 1st of August, 1983, as submitted in type- written form. (2) APPROVE MINUTES - AUGUST 3, 1983 Council Member Strickler made a motion, seconded by Council Member Quiel 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 3rd of August, 1983, as submitted in type- written form. (3) OUT-OF-STATE TRAVEL - COVEY - POLICE DEPARTMENT In a memorandum dated August 1, 1983, Ben Gonzales, Chief of Police, recommended that Detective Ron Covey be authorized to attend the Ninth Annual Outlaw Motorcycle Gang Investigation Seminar to be held September 4-9, 1983, in Reno, Nevada. (4) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the request for out- of-state travel by Detective Ron Covey to attend the Ninth Annual Outlaw Motorcycle Gang Investigation Seminar to be held September 4-9, 1983, in Reno, Nevada, be approved. OUT-OF-STATE TRAVEL - ROSEBRAUGH - BUILDING AND SAFETY A memorandum dated August 2, 1983 was received from Jack Rosebraugh, Superintendent of Building and Safety, requesting authorization to attend the International Conference of Building Officials to be held in San Antonio, Texas, on September 26-30, 1983. (5) Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the Superintendent of Building and Safety be authorized out-of-state travel to attend ICBO annual conference in San Antonio, Texas, on September 26-30, 1983. COUNCIL PERSONNEL COMMITTEE REPORT Council Member Reilly, Acting Chairman of the Council Per- sonnel Committee, presented the Council Personnel Committee re- port of August 5, 1983. The following recommendations were made: (6) Approval of the requests to test and fill positions Operator III, Operator II, Operator I, Construction and Maintenance Foreman, Utility II, Utility I, and Abatement Aide. Approval of the request to fill positions for Associate Planner, Planning Aide, Teacher/Director, Complaint Desk Coordinator, and ID Technician. Approval of the request for authorization to adver- tise and test for Collector, Finance Department. Approval of the requests to establish eligibility lists for Program Coordinator, Staff Analyst III, and Code Compliance Officer. Approval of current eligibility lists for Maintenance Worker II, and Firefighter Trainee. Approval of the personnel action forms for the following: Roger Hughes, Jr., Program Coordinator - Convention Center Dennis Kraus, Security Officer - Public Buildings Michael Kraus, Security Officer - Public Buildings Norma Allie, Parking Control Checker - Public Buildings - 2 - 8/15/83 James C. Cremer, Sr. Recreation Leader -Park and Recreation Jane Sneddon, Account Clerk III - City Clerk Julie Williams, Account Clerk I - City Clerk Bernard T. Graham, Plan Checker - Building and Safety Jean Cameron, Associate Planner - Planning Department deKoven James, Planning Aide - Planning Department Gary Fahnestock, Complaint Desk Coordinator - Police Dept. Georgina Aponte, Complaint Desk Coordinator - Police Dept. Barbara Ortiz, ID Technician - Police Dept. Council Member Strickler made a motion, seconded by Council Member Olliel and unanimously carried, that the report from the Council Personnel Committee be filed. CLAIMS AND PAYROLL Council Member Strickler made a motion, seconded by Council Member Olliel 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: July 25, 1983 August 2, 1983 #83/84 #83/84 $632,672.36 $976,932.72 2. Approve a supplement to the total gross payroll for the period June 27, 1983 through July 10, 1983, in the amount of $30,080.15. PERSONNEL ACTIONS Council Member Strickler made a motion, seconded by Council Member Quiel 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: (8) APPOINTMENTS Planning Department Jean E. Cameron - Planning Technician Effective August 8, 1983 deKoven A. James - Planning Aide Effective August 8, 1983 Police Department Gary C. Fahnestock - Complaint Desk Coordinator Effective August 16, 1983 TEMPORARY APPOINTMENTS Park and Recreation James C. Cremer - Senior Recreation Leader Effective August 16, 1983 Public Buildings Norma A. Allie - Parking Control Checker Effective August 15, 1983 Dennis W. Kraus - Security Officer Effective August 16, 1983 Michael W. Kraus - Security Officer Effective August 16, 1983 PROMOTIONAL APPOINTMENTS Building and Safety Bernard T. Graham Jr. - General Plan Checker - Effective August Building Inspector to 14, 1983 - 3 - 8/15/83 City Clerk's Office Jane E. Sneddon - Account Clerk II to Account Clerk III Effective August 2, 1983 Fire Department Edward J. Lindsay - Captain to Battalion Chief Effective August 8, 1983 Richard W. Moore - Engineer to Captain Effective August 8, 1983 Michael D. Smith - Fire Fighter to Engineer Effective August 8, 1983 Police Department Georgina R. Aponte - Intermediate Typist Clerk to Complaint Desk Coordinator - Effective August 16, 1983 Barbara L. Ortiz - Intermediate Typist Clerk to Identifica- tion Technician - Effective August 16, 1983 PROVISIONAL APPOINTMENTS Cit~ Clerk's Office Ju11e A. Williams - Account Clerk Effective August 2, 1983 Convention Center Roger Hughes Jr. - Program Coordinator (MM) Effective August 23, 1983 Police Department Barbara L. Ortiz - Complaint Desk Coordinator to Inter- mediate Typist Clerk - Effective July 16, 1983 (rescinded) LEAVE OF ABSENCE Police Department Susan L. Palmore - Intermediate Typist Clerk August 2, 1983 to October 3, 1983 Public Buildings Doyle E. Hayes - Parking Control Checker From August 23, 1983 to September 30, 1983 ACTING HIGHER CLASSIFICATION Park and Recreation Andrew G. Brown - Community Center Manager II to Recreation Supervisor III - Effective July 11, 1983 APPROVE MINUTES - JULY 26, 1983 Council Member Marks questioned the City Administrator about the amount of revenue that would be generated by a utility tax in- crease stated in the memorandum from the City Administrator and the Finance Director dated July 26, 1983, on page 4 of the minutes of the Mayor and Common Council dated July 26, 1983. (1) The correct amount, according to the Finance Director, is $1,167,000. Council Member Strickler made a motion, seconded by Council Member Reilly 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 26th of July, 1983, as submitted in type- written form. PROTEST HEARING - ASSESSMENT DISTRICT NO. 958 - PEPPER AND MILL SEWER IMPROVEMENT - CONTINUED FROM AUGUST 1, 1983 This is the time and place continued to for a protest hear- ing on Assessment District No. 958 for the installation of sani- tary sewer facilities in the area of Pepper Avenue and Mill Street. (9) - 4 - 8/15/83 Verne Nadeau, Senior Real Property Specialist, stated that Mr. and Mrs. Gehrke of 595 South Meridian Avenue who submitted a protest at the last meeting have been contacted and an agreement with the Gehrkes had been prepared, but they decided not to sign and not to withdraw the protest. The Gehrke's property will re- main within the assessment district. Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that the protests be overruled, the hearing be closed, and find and determine that public convenience and necessity require the proposed improve- ments in the area of Pepper Avenue and Mill Street, and that the Special Assessment, Investigation and Limitation Act of 1931 shall not apply. RES. 83-258 - A RESOLUTION OF THE CITY OF SAN BERNAR- DINO FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED IMPROVEMENTS IN THE AREA OF PEPPER AVENUE AND MILL STREET, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID IMPROVEMENTS, KNOWN AS ASSESSMENT DISTRICT NO. 958, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. The City Clerk read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-258 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. PUBLIC HEARING - SEWER SERVICE CHARGE INCREASE This is the time and place set for a public hearing on the proposed increase in sewer service charges to cover all maintenance and operation, debt service and capital requirements for the sewer system. The rate would increase from $5.85 to $7.45 for inside the City service and from $9.65 to $11.00 for outside City service. (10) Mayor Holcomb opened the hearing. Herb Wessel, General Manager of the Water Department, gave an overview of why the increase is necessary. The sewage treat- ment plant operating costs have increased from natural gas and electrical costs, dump fees for sludge, the overhauling of an engine, and for increased rates to the Public Safety Authority. He stated that on the advice of the bond consultants, the Water Department must have in reserve three months of operating and maintenance overhead expenses for the sewage treatment plant. This increase also includes a rebate program for low income per- sons. Bernie Kersey, Administration and Finance Director of the Water Department, and Herb Wessel, General Manager of the Water Department, answered questions regarding the history of rate in- creases and cost savings at the plant. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, to refer the sewer service charge rate increase to the Ways and Means Committee for further study and for a report back to the Council on Tuesday, September 6, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PUBLIC HEARING - BUSINESS LICENSE RATE INCREASE This is the time and place set for a public hearing sider the proposed increase in business license fees. to con- (11) - 5 - 8/15/83 Council Member Strickler made a motion, seconded by Council Member Reilly, that the public hearing be continued until 2:00 p.m. City Attorney Prince explained why he had recommended a change in the penalty provision in the ordinance from a misdemeanor to an infraction. The motion that the public hearing be continued until 2:00 p.m., carried unanimously. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier was excused from the Council Meeting. PLANNING COMMISSION RECOMMENDATION - CONTINUED FROM AUGUST 1, 1983 This is the time arid place continued to for the following Planning Commission recommendation: That the application for Change of Zone No. 83-12, various owners, City initiated, to change the land use zoning district from R-1-7200 Single-Family Residential, R-2 Two-Family Residential, R-3-1200 Multiple Family Residential, PRD Planned Residential Development, C-l Neighborhood Commercial and C-3A Limited General Commercial to PRD-14-U Planned Resi- dential Development at 14 dwelling units per acre for a study area bounded by Lynwood Drive on the south, Eureka Street on the north, Mountain Avenue on the west and Del Rosa Avenue on the east, including an additional area located within approximately 400 feet of the east side of Del Rosa Avenue, between Eureka Street and Marshall Boulevard, be recommended for denial. (12) Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the application for Change of Zone No. 83-12 be continued to Monday, September 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. PLANNING COMMISSION REPORT Dave Anderson, Principal Planner, gave the Planning Report regarding all Planning Commission matters of the meeting of August 2, 1983. The following recommendation was made: That the application for Change of Zone No. 83-14, Chevron U.S.A., Inc., applicant, to change the land use zoning district from R-l Single-Family Residen- tial to C-3A Limited General Commercial for a rec- tangularly-shaped parcel of land consisting of ap- proximately 6,480 square feet having a frontage of approximately 60 feet on the west side of Waterman Avenue and being located approximately 156 feet north of the centerline of 40th Street, be recom- mended for approval of "T" Transitional zoning. (13) Dave Anderson, Principal Planner, answered questions regard- ing the nature of the protests received. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, to approve the responses to comments and to adopt the Negative Declaration for environ- mental review which has been reviewed and considered. - 6 - 8/15/83 Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, to approve the findings of fact and the recommendation of the Planning Commission and direct the City Attorney to prepare the necessary amendments to the zon- ing ordinance. WAIVER OF RIGHTS - SHANDIN HILLS DEVELOPMENT, LIBRARY SITE - TENTATIVE TRACT NO. 11326 In a memorandum dated August 5, 1983, Frank Schuma, Planning Director, recommended that the waiver of rights in the library site agreement be approved. A condition of approval for the Shandin Hills Development was that the developer would provide a library location within the commercial development located along 40th Street and Kendall Drive. (14) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the Mayor and Common Council approve the waiver of rights in library site agreement to satisfy Condition No. 9A of Tract No. 11326 (Shandin Hills, Block Brothers). MOBILE HOME PARK AD HOC COMMITTEE REPORT Council Member Quiel, Chairman of the Mobile Home Park Ad Hoc Committee, presented the Mobile Home Park Committee report of August 8, 1983. He stated that the Committee recommended that the Council consider a three year contract with the Inland Media- tion Board for the purpose of establishing and developing to fruition an educational and communications program within each mobile home park. Also presented at the Committee meeting was a report on the inspection of Vogue Mobile Home Park from the Build- ing and Safety Department. The report concluded that the majority of code violations were the tenants' responsibility and not the owner's. The Chairman of the Mobile Home Park Committee stated that the Committee recommends that Inland Mediation Board start their program immediately upon approval of contract and proceed with deliberate speed towards completion of phase one during the first year, with a six month summary and a first year report in June 1984 to the Mayor and Common Council. (16) The Council discussed the recommendation of the Mobile Home Park Ad Hoc Committee to require annual inspections of mobile home parks. It was pointed out that annual inspections would be costly to the City and that older parks would be grandfathered in as they were built under former codes. After discussion, Council Member Quiel made a motion, seconded by Council Member Strickler, to direct the Superintendent of Building and Safety, as circumstances warrant, to inspect mobile home parks in the City of San Bernardino to ensure compliance with applicable codes and ordinances. No additional personnel are pro- posed for this inspection. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. INLAND MEDIATION BOARD REPORT - MOBILE HOME MEDIATION AND EDUCATION PROPOSAL In a letter dated July 28, 1983, Betty Davidow, Executive Director of the Inland Mediation Board, submitted a proposed letter of agreement for the City of San Bernardino providing for mediation of rent disputes at mobile home parks in the City. In her letter she stated that the Inland Mediation Board will agree to: (15) 1. Designate one or more trained mediators of the Inland Mediation Board to coordinate and conduct all proceedings necessary to implement the mobile home park rent mediation agreement. - 7 - 8/15/83 2. Assure that mediation is conducted in accordance with standards of the Federal Mediation and Con- ciliation Service as well as applicable ordinances of the City of San Bernardino. 3. Upon conclusion of the process, inform the City Council of the results. In the event that owners and residents cannot mutually agree upon an equitable rent after the mediation process has been completed, then the mediator shall prepare a report to the City Council outlining the appro- priate issues considered within the mediation process. 4. Conduct mediation sessions within the San Bernar- dino City limits at a location designated by the City of San Bernardino. Mr. Jack Kaplan of 2686 West Mill Street, opposed Council action which would appropriate funding for a contract with the Inland Mediation Board. The Mayor and Common Council discussed the services that would be provided by the Inland Mediation Board. Council Member Quiel, Chairman of the Mobile Home Park Ad Hoc Committee, explained why rent mediation is not included in the service. Mr. Chuck Hughes of Western Mobile Home Park Association, spoke in support of hiring Inland Mediation Board. Ms. Shirley Huston, Chairman of Inland Mediation Board, and Ms. Betty Davidow, Executive Director, were present to answer questions regarding the services provided. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that no action be taken on the proposed rent con- trol ordinance or rent moratorium. City Attorney Prince answered questions stating that he had recommended to the Council that they take no action imposing rent control or a moratorium at this time as adequate facts re- quired under the Birkenfield case had not been presented. A gentleman from Mt. Shadows Mobile Home Park asked questions regarding the services of the Inland Mediation Board and stated that he may not be able to avail these services because in Mt. Shadows Mobile Home Park, leases are staggered and do not come up for renewal at the same time. Mr. John Tindall of Star Route 89, Forest Falls, Chairman of San Bernardino Citizens for Fair Rent, stated that he had re- quested notification of hearings and he has not received notifi- cation and would like to see a copy of the proposed ordinance on rent moratorium. The motion made by Council Member Quiel, seconded by Council Member StriCkler, that no action be taken on the proposed rent control ordinance or rent moratorium carried by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. Mayor Holcomb requested that the Council look into hiring Inland Mediation Board to mediate rent increases. - 8 - 8/15/83 Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that the Inland Mediation Board be employed, through contract, to establish and develop the educational and communication program, as outlined with participation by tenants and mobile home park managers with a three year program, subject to an annual review with a termination clause. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, to instruct the City Administrator to prepare and implement appropriate documents to assure approval of contract with Inland Mediation Board by Mayor and Council at the first meeting in September with funding to be decided by the Ways and Means Committee. ' The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. The gentleman from Mt. Shadows Mobile Home Park stated that there are other problems in Mt. Shadows Mobile Home Park besides rent and requested someone to deal with the situation. Council Member Marks made a motion, seconded by Council Mem- ber Quiel, that the Mobile Home Ad Hoc Committee be continued as an active Committee until June 30, 1984 and reviewed at that time \, for termination or continuing requirement. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the Ad Hoc Co~"ittee look into public-private partnership in terms of using public de~ velopment assistance to create additional spaces in mobile home parks, to handle the rent problems of people who are on fixed in- comes, meaning that under certain circumstances where we assist mobile home park owners that they would create spaces on a guar- anteed rate basis for a fixed period of time for people on fixed income; to put together a relocation assistance progra8 by using Community Development funds to assist them moving their coaches to the spaces; and that the Ad Hoc Committee look into rent mediation as well as a 90 day notice that would r~luire th3t the mobile home park owners would give an analysis on the proposed rent increases and report to the Mayor and Common Council at tho earliest possible date. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGE~CY - REGULAR MEETING . The Regular Meeting of the Community Development commisSlonl Redevelopment Agency was called to order by Chairman Ik,lcomb in the Council Chambers of City Hall, 300 North "D" Street, 53n Dor- nardino, California. The Community Development Commission/Redevelopnl",,,t ^gcncy acted upon their agenda items. PUBLIC HEARING - PROPOSED CENTRAL CITY PARKING 1lI::'I'nfCT REGULATION PROGRAM nir<lC""" In a memorandum dated August 5, 1983, Roger Hant'.1r'~~<>;')(lnil tor of Public Works/City Engineer, recommended that t II.> 1/\ {llr Place Commission be authorized to conduct a public 1",.\\IIl~ \'klnq the purpose of gathering information on the Central 1.'\1 y .~ (1"t District Regulation Program. - 9 - M ~ 'l/ :\\ 2:."'f' _ ..""...4..... L_~~ ~_. ~ The City Engineer further stated in his memorandum that Mr. Bill Leonard and Traffic Engineer Bob Wirts presented a proposed public parking regulation program to the Parking Place Commission. The program consisted of expansion of the existing Parking Dis- trict to help meet future demand where the parking would be pro- vided, and the costs involved and how it would be financed. Mr. Leonard also submitted a proposed plan to sell a portion of Park- ing District Lot No. 3 and substitute it with a parcel of land fronting the east side of "E" Street between Fourth and Fifth Streets. Mr. Bill Leonard explained the purpose of the proposed public hearing. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the request to conduct a public hearing on the City parking District Regulation Program be continued to Tuesday, September 6, 1983, in the council Cham- bers of City Hall, 300 North "0" Street, San Bernardino, Califor- nia. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 2 OF THE SAN BERNARDINO MUNICIPAL CODE TO CONSOLIDATE PARK AND RECREATION DEPARTMENT AND HUMAN SERVICES DEPARTMENT; TO ASSIGN DUTIES TO HUMAN SERVICES ADVISORY COMMISSION, AND TO PROVIDE FOR MEMBERSHIP THEREOF; TO DELETE REFERENCES TO HUMAN SERVICES COMMISSION; AND TO REPEAL CHAPTER 2.20. (Final reading) (38) , " A letter dated August 12, 1983 was received from Annie Ramos, Director of Park and Recreation, stating that the Park and Recrea- tion Commission discussed the ordinance assigning duties to the Human Services Advisory Commission and concluded that the City would be best served by one commission. She stated in her memo- randum that the Park and Recreation Commission recommends that the portion of the ordinance concerning the merger of Human Ser- vices Department and Park and Recreation Department which pertains to the establishment of a Human Services Advisory Commission and the duties be rejected. Mr. Frank Lindgren, a member of the Park and Recreation Com- mission, explained why the Commission is opposed to having both a Park and Recreation Commission and a Human Services Commission. Ms. Marye Miles, Chairman of the Park and Recreation Commis- sion, was also present. The Mayor and Common Council discussed the two commission concept. Council Member Hernandez made a motion, seconded by Council Member Marks, to eliminate the two commissions proposed. (this ordinance did not receive a final reading) The motion carried by the fOllowing vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: Council Member Frazier. Absent: None. Mayor Holcomb instructed the Superintendent of Park and Recreation to devise a method to utilize the talents of those serving on the Human Services Commission. Council Member Marks made a motion, seconded by Council Mem- ber Castaneda, to instruct the City Attorney to bring back the necessary ordinance to proceed with the merger. (See page 20) The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: Council Member Frazier. Absent: None. - 10 - 8/15/83 -'---.---- RES. 83-259 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A FIFTH AMENDMENT TO STANDARD AGREEMENT NO. 80-CHAP-002, DATED MARCH 16, 1981, WITH THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. (R13) The City Clerk read the title of the resolution. Council Member Castaneda made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-259 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-260 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A CONSTRUCTION MANAGEMENT AGREEMENT WITH J. D. DIFFENBAUGH, INC. FOR SERVICES RELATING TO THE SAN BERNARDINO CENTRAL LIBRARY. (R14) The City Clerk read the title of the resolution. Glenda Saul, Acting Executive Director of the Redevelopment Agency, answered questions regarding contract costs. Council Member Castaneda made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-260 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 FINDING THAT AN AREA OF THE CITY REQUIRES STUDY TO DETERMINE IF A REDEVELOPMENT PROJECT IS FEASIBLE, DESIGNATING SAID AREA AS A SURVEY AREA TO BE KNOWN AS UPTOWN PROJECT AREA, AND REPEALING RESOLUTION NO. 83-49. (R15) The City Clerk read the title of the resolution. Council Member Quiel stated he would be abstaining from action on this item as he owns property within the project area. The Mayor and Common Council discussed the amended boundaries. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez, that the resolution be continued to the afternoon session. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Olliel. RES. 83-261 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ISSUANCE BY THE CITY OF ITS "CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1983A (MILLCREEK PROJECT) "; AND MAKING CERTAIN DETERMINA- TIONS RELATING THERETO (TEFRA). (708 and 740 West Mill Street) (R16) The City Clerk read the title of the resolution. Mr. Buchanan from Millcreek Project, questioned the 1% development fee. - 11 - 8/15/83 Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-261 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 AUTHORIZING THE MAYOR TO EXECUTE AND SUBMIT AN APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR AN URBAN DEVELOPMENT ACTION GRANT FOR THE PROPOSED HUNTLEY PROPERTIES INDUSTRIAL DEVELOPMENT (Roger's Bindery) (Continued from August 1, 1983) (R17) Council Member Strickler stated he would be abstaining from action due to a client relationship. It was explained that the application for this grant is in- complete and that is why this should be tabled. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda, that the resolution be tabled. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: None. Abstain: Council Member Strickler. RES. 83-262 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE COLLECTION OF A $5,000 URBAN DEVELOPMENT ACTION GRANT (UDAG) FEE FOR THE PREPAR- ATION OF UDAG APPLICATIONS FOR PRESENTATION TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) . (R18a) 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. 83-262 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-263 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE TRANSFER OF URBAN DEVELOPMENT ACTION GRANT (UDAG) FEES COLLECTED TO THE COMMUNITY DEVELOPMENT COMMISSION. (R18b) 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. 83-263 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RECESS MEETING At 12:15 p.m., Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the meeting recess until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:00 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. - 12 - 8/15/83 ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Frazier, Strickler; City Attorney Prince, City Clerk Clark, Deputy City Administrator Schweitzer. Absent: Council Member Quiel. PRESENTATION - SISTER CITIES NATIONAL YOUTH ACHIEVEMENT AWARDS Thelma Press, Executive Director of the International Coun- cil, presented National Youth Achievement Awards to Jeannette Durado and John Loera. (Sl) Jeannette Durado and John Loera were present to accept their awards. PUBLIC HEARING - BUSINESS LICENSE RATE INCREASE This is the time and place set for a public hearing to sider the proposed increase in business license fees, which result in the following changes: con- would (11) 1. Impose a fee of $5.00 for the transfer of a busi- ness license. 2. Make certain information on a business license confidential. 3. Make all quarterly and semi-annual license fees which do not exceed $15.00, due and payable in one lump sum at the beginning of the renewal period. 4. Change provisions pertaining to interstate com- merce. 5. Clarify provisions in the Code pertaining to business licenses for auctioneers. 6. Increase the license fee for bowling alleys from $3.00 per lane to $4.00 per lane per quarter. 7. Increase the rate paid by financial brokers to $62.50 per quarter. 8. Create six new categories of professional busi- nesses and change the rate structure for these business licenses from a flat rate to a rate based on the previous year's gross receipts. For example, a consultant who grossed $75,000 per year would pay a license fee of $250.00. 9. Add twelve categories to the retail section of the ordinance changing the rate structure from flat rate to gross receipts. A business in this category would now pay $75.00 per year for annual gross receipts of $75,000. 10. Raise the minimum on a retail and wholesale busi- ness license from $30.00 to $40.00. In other words, new licenses in these categories would cost $40.00. - 13 - 8/15/83 11. Create a license requirement for the rental or leasing of office space. 12. Increase the fees for boxing, wrestling and other athletic exhibitions from $20.00 to $40.'00 per event. 13. Increase the license rates for barber shops ($5.00 plus $1.00 per operator per quarter) and for beauty salons ($7.50 plus $1.00 per operator) to $10.00 per quarter plus $2.00 for each operator. 14. Remove several sections pertaining to peddlers and transient merchants in order to specifically prohibit this activity within the City. 15. Remove the permit requirement for a garage sale. City Attorney Prince stated that he is recommending that the present code provision, which makes it a misdemeanor to violate license requirements, be changed to an infraction and explained his reasons therefor. The City Clerk answered questions and explained why she pre- ferred the misdemeanor provision. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING FIRST CHAPTER 5.04 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO BUSINESS LICENSES TO CHANGE CERTAIN LICENSE CATEGORIES FROM FLAT RATE TO GROSS RECEIPTS, TO AMEND RATES OF GROSS RECEIPTS, TO PROVIDE FEE FOR TRANSFER OF BUSINESS LICENSE, AND TO DELETE PROVI- SIONS IN CHAPTERS 5.04 AND 5.68 RENDERED INAPPLICABLE BY AMENDMENTS, AND ADDING CHAPTER 5.84 RELATING TO EN- FORCEMENT OF PROVISIONS OF TITLE 5. The City Clerk read the title of the ordinance. Council Member Castaneda made a motion, seconded by Council Member Frazier and unanimously carried, that the first reading of the ordinance be waived. Council Member Castaneda made a motion, seconded by Council Member Strickler and unanimously carried, to lay the ordinance with Alternate B over for final passage. (Retains present mis- demeanor provision in the ordinance) LEGISLATIVE REVIEW COMMITTEE REPORT - ELIMINATION OF PEDDLERS AND TRANSIENT MERCHANTS BUSINESS LICENSES Council Member Strickler, Chairman of the Legislative Review Committee, presented the Legislative Review Committee report of August 4, 1983. The elimination of provisions within the business license ordinance was discussed at the Legislative Review Com- mittee meeting of August 4, 1983 and the Committee recommended adoption of the proposed changes. (17) Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, to accept the recommenda- tion of the City Clerk to eliminate provisions within the license ordinance which allow peddling in the City. LEGISLATIVE REVIEW COMMITTEE REPORT - CHAIN LINK FENCE RESTRICTIONS Council Member Strickler, Chairman of the Legislative Review Committee, continued his report on the Legislative Review Committee report of August 4, 1983 pertaining to chain link fence restric- tions. He stated that the Committee recommended that the Plan- ning Commission consider a Municipal Code amendment requiring that approval of all fences erected in the area bounded by Rialto Avenue, Seventh Street, 1-215 and Sierra Way be made by the Planning Com- mission. - 14 - 8/15/83 Chairman Strickler also stated that action on "hometel" use in a commercially zoned land use designation, ground rules for Mayor/Council relations, and policy for City Council's access to information and staff was continued to the Legislative Review Committee meeting in September. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the report from the Legislative Review Committee be filed. WAYS AND MEANS COMMITTEE REPORT - ELECTRICAL DIVISION REORGANIZATION Council Member Castaneda, Chairman of the Ways and Means Committee, presented the Ways and Means Committee report of August 9, 1983. He stated that at the Committee meeting, a report was presented on the reorganization of the Electrical Division and the Ways and Means Committee recommended approval of the reorganiza- tion. (18) Deputy City Administrator Schweitzer answered questions re- garding the request made for an Intermediate Typist Clerk. He explained that the Intermediate Typist Clerk would be helping the Energy Auditor and would be performing the same functions per- formed in the Electrical Division. Council Member Reilly made a motion, seconded by Council Member Castaneda and unanimously carried, that the Electrical Division be reorganized by deletion of the Administration Section, transfer the Street Lighting Section to the Public Buildings Division, and transfer of the Traffic Signals Section to the En- gineering Division. Council Member Reilly made a motion, seconded by Council Member Castaneda and unanimOUSly carried, that the budget trans- fers required to accomplish the reorganization of the Electrical Division, as set forth above, be approved. Council Member Reilly made a motion, seconded by Council Member Castaneda and unanimously carried, that the Personnel De- partment be directed to prepare a salary survey to determine the necessary adjustments to the salary for Public Buildings Superin- tendent and Clerical Operations Supervisor, due to the transfer of the Street Lighting Section. Council Member Reilly made a motion, seconded by Council Member Castaneda and unanimOUSly carried, that the position of Electrical Supervisor - Street Lighting Section be established and the Civil Service Board requested to develop an appropriate job description. Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the recommendation of the Ways and Means Committee that Frank O'Brien be transferred to the position of General Building Inspector in the Department of Building and Safety, and that the salary be "Y" rated, be referred to the City Administrator for further study. WAYS AND MEANS COMMITTEE REPORT - SOCIAL SERVICES FUNDING Council Member Castaneda, Chairman of the Ways and Means Committee, presented the Ways and Means Committee report of August 8, 1983. 'Requests for promotional and publicity funding were discussed and the following recommendations were made: Mexican Chamber of Commerce - $5,000 Inland Empire Cultural Foundation (CLASS) - no funding at this time WE TIP - $5,160 Black History Parade and pageant Inc. - $5,000 - 15 - 8/15/83 National Council of Negro Women-Project Checkmates - refer to City Administrator for further study San Bernardino Valley Concert Association - refer for further study Casa Ramona - increased to $26,053 Boys Club - increased to $16,362 Family Services - increased to $22,448 Merri-Mixers - $2,967 Council Member Marks made a motion, seconded by Council Mem- ber Strickler, that the allocation recommendations of the Ways and Means Committee be approved for inclusion in the fiscal year 1983-84 budget. The Mayor and Common Council discussed the funding for Casa Ramona. The motion carried by Members Castaneda, Reilly, Council Member Hernandez. the fOllowing vote: Ayes: Council Marks, Frazier, Strickler. Noes: Absent: Council Member Olliel. WAYS AND MEANS COMMITTEE REPORT - PROPOSED ADMISSIONS TAX The Ways and Means Committee report of August 9, 1983 was presented by Chairman Castaneda. The proposed admissions tax ordinance was discussed at the Ways and Means Committee meeting ana the Committee recommended that proposed ordinance not be adopted. Council Member Castaneda made a motion, seconded by Council Member Strickler and unanimously carried, that the proposed ad- missions tax ordinance not be adopted. BOX CULVERT INSTALLATION - 40TH STREET AT DEVILS CREEK DIVERSION CHANNEL, EAST OF KENDALL DRIVE In a memorandum dated August 8, 1983, Roger Hardgrave, Direc- tor of Public Works/City Engineer, requested authorization to issue requests for proposals for engineering design services for the construction of a reinforced concrete box culvert on 40th Street, at Devils Canyon Diversion Channel, east of Kendall Drive. (20) Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that the Director of Public WorkS/City Engineer be authorized to issue request for proposals for engineering design services for construction of a concrete box culvert on 40th Street, at Devils Canyon Diversion Channel (east of Kendall Drive) . ASSESSMENT DISTRICT NO. 956 - RE-AFFIRM AUTHORIZATION TO PROCEED - WATERMAN AVENUE AND 1-10 FREEWAY Roger Hardgrave, Director of Public Works/City Engineer, stated in a memorandum dated August 4, 1983, that new owners of the subdivision located between Waterman Avenue and Tippecanoe Avenue, north of the 1-10 Freeway, has requested the establish- ment of a landscaping maintenance district. The City Engineer stated in his memorandum that his office was authorized to pro- ceed with the establishment of an assessment district pursuant to the request of the previous owner of the subdivision. The City Engineer is requesting in his memorandum that authorization to proceed with the establishment of an assessment district be re-affirmed. (21) Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that due to a change in the ownership of proposed Tract No. 12034, the motion made by the Mayor and Common Council at their meeting of June 7, 1982, for the establishment of a landscaping maintenance assessment dis- trict in the general area of Waterman Avenue and Interstate High- way 10, is hereby re-affirmed. - 16 - 8/15/83 COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier was excused from the Council Meeting. WAIVE READINGS - RESOLUTIONS The City Clerk read the title of all the resolutions on the agenda. Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that further reading of all the resolutions on the agenda be waived. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meeting and took his place at the Council Table. RES. 83-264 - RESOLUTION DESIGNATING AREA BOUNDED BY WALNUT STREET ON THE SOUTH, MUSCOTT STREET ON THE WEST, BELLEVIEW STREET ON THE NORTH, AND SANTA FE RAILROAD RIGHT-OF-WAY ON THE EAST, AS BLIGHTED AREA IN WHICH FEDERAL COMMUNITY DEVELOPMENT FUNDS ARE USED FOR INSTALLATION OF A PORTION OF THE MU- NICIPAL SEWER SYSTEM, EXEMPTING SUCH AREA FROM CERTAIN FEES PAID BY INDIVIDUALS. (23) Mr. Taylor, an area resident, spoke regarding the inability for some residents to afford sewer connection costs. It was explained to Mr. Taylor that this resolution will en- able the Community Development Department to offer funding assis- tance. Council Member Hernandez made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 83-264 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Frazier, Strickler. Noes: Council Member Marks. Absent: Council Member Quiel. RES. 83-265 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 2482 ENTITLED IN PART "A RESOLUTION. . .DESIGNATING CERTAIN STREET INTER- SECTIONS WHERE A STOP IS REQUIRED. . ."; AND AUTHO- RIZING THE INSTALLATION OF STOP SIGNS ON "G" STREET AT MARSHALL BOULEVARD. (24) Council Member Marks made a motion, seconded by Council Mem- ber Castaneda, that said resolution be adopted. Resolution No. 83-265 was adopted by the fOllowing vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that a Crossing Guard be approved for the intersection of Marshall Boulevard and "G" Street. RES. 83-266 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 13200 ENTITLED IN PART "RESOLUTION. . .DESIGNATING CERTAIN STREET INTERSEC- TIONS WHERE AN OFFICIAL TRAFFIC CONTROL SIGNAL IS REQUIRED. . ."; AND AUTHORIZING THE REMOVAL OF TRAF- FIC SIGNALS AT MARSHALL BOULEVARD AND "G" STREETS. (25) Council Member Marks made a motion, seconded by Council Mem- ber Castaneda, that said resolution be adopted. Resolution No. 83-266 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. - 17 - 8/15/83 RES. 83-267 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO IMPLEMENTING A TEN DOLLAR PENALTY AND THREE DOLLAR DEPARTMENT OF MOTOR VEHICLES' HOLD CHARGE FOR DELINQUENT PARKING CITATIONS. (26) Council Member Marks made a motion, seconded by Council Mem- ber Castaneda, that said resolution be adopted. Resolution No. 83-267 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 83-268 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING BAR RYE HANSON, SENIOR ENGINEER, TO SIGN PLANS AND MAPS IN THE ABSENCE OF THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER. (27) Council Member Marks made a motion, seconded by Council Mem- ber Castaneda, that said resolution be adopted. Resolution No. 83-268 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 83-269 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF OREGON STREET BETWEEN PICO STREET AND ARTESIAN AVENUE. (28) Council Member Hernandez made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 83-269 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that Plan No. 5747 for the vacation of a portion of Oregon Street between Pico Street and Artesian Avenue be approved and the City Engineer and City Clerk be authorized to proceed. RES. 83-270 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO ABANDONING PROCEEDINGS UNDER THE IMPROVEMENT ACT OF 1913 WITHIN A PORTION OF THE CITY DESIGNATED "ASSESSMENT DISTRICT NO. 948" FOR THE CONSTRUCTION OF OFF-SITE IMPROVEMENTS IN THE AREA GENERALLY DES- CRIBED AS EAST OF WATERMAN AVENUE, SOUTH OF GOULD STREET, NORTH OF HIGHWAY 110 AND WEST OF TIPPECANOE AVENUE, IN THE CITY OF SAN BERNARDINO, CALIFORNIA. (Tri-City Improvement District No. 948) (29) Council Member Hernandez made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 83-270 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 83-271 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 11744 LOCATED SOUTH OF NORTHPARK BOULEVARD, NORTH OF 48TH STREET AND WEST 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 SUBDIVISION. (Barratt Southern California, Inc.) (30) - 18 - 8/15/83 Council Member Hernandez made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 83-271 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 83-272 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO TERMINATING THE AGREEMENT WITH RALPH ALLEN & PARTNERS, ARCHITECTS, RELATING TO ARCHITECTURAL SERVICES FOR CONSTRUCTION OF A NEW CENTRAL LIBRARY. (31) Council Member Hernandez made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 83-272 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 83-273 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RE- LATING TO THE DELIVERY OF TYPE A LUNCHES AND SCHEDULE B SNACKS TO CITY'S DELMANN HEIGHTS HEAD START CENTER. (32) Council Member Hernandez made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 83-273 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 83-274 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN EXTENSION OF TERM OF LEASE WITH ROBERT AND NANCY SEDLAK, HUSBAND AND WIFE, TO PROVIDE FOR A ONE YEAR EXTENSION OF THE LEASE TERM FOR THAT CERTAIN OFFICE BUILDING COMMONLY KNOWN AS 646 NORTH SIERRA WAY. (33) Council Member Hernandez made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 83-274 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 83-275 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LITTLE LEAGUE BASEBALL, INC. TO PROVIDE FUNDING FOR THE WESTERN REGIONAL LITTLE LEAGUE TOURNAMENT. (34) Council Member Hernandez made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 83-275 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 83-276 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT FOR FURNISHING SWEEPING SERVICES IN ACCORDANCE WITH SPECIFICATION NO. F- 83-15. (D. C. Sweeping Service) (35) Council Member Marks made a motion, seconded by Council Mem- ber Hernandez, that said resolution be adopted. Resolution No. 83-276 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. - 19 - 8/15/83 ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A FIRST 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 (PETI- TION NO. 83-13, A .67 ACRE SITE LOCATED NORTHWEST OF THE INTERSECTION OF ELMWOOD ROAD AND 20TH STREET AND APPROXIMATELY 505 FEET SOUTH OF THE CENTERLINE OF HIGHLAND AVENUE). (36) The City Clerk read the title of the ordinance. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the first reading of the ordinance be waived and said ordinance be laid over for final passage. ORD. MC-298 - ORDINANCE OF THE CITY OF SAN BERNAR- FINAL DINO ADDING CHAPTER 13.20 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO GEOTHERMAL RESOURCES. (37) The City Clerk read the title of the ordinance. Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that the final reading of the ordinance be waived and said ordinance be adopted. Ordinance MC-298 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. ORD. MC-299 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING TITLE 2 OF THE SAN BERNARDINO MUNICI- PAL CODE TO CONSOLIDATE PARK AND RECREATION DEPART- MENT AND HUMAN SERVICES DEPARTMENT; TO PROVIDE ADDITIONAL DUTIES TO THE PARK AND RECREATION COM- MISSION; TO DELETE REFERENCES TO HUMAN SERVICES COMMISSION; AND TO REPEAL CHAPTER 2.20. FINAL (38) Council Member Marks made a motion, seconded by Council Mem- ber Hernandez, that the final reading of the ordinance be waived and said ordinance be adopted. Ordinance MC-299 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Strickler. Noes: Council Member Frazier. Absent: Council Member Quiel. GENERAL REPORTS AND CORRESPONDENCE Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that the following items be filed: (39) a. Correspondence from Samuel Johnson relative to ordinance proposing imposition of penalties for apprehension of loose dogs. b. Civil Service Eligibility Lists for: Firefighter/Trainee - Open Park Maintenance Worker III - Promotional c. Six alcoholic beverage control applications for the following new and transferred licenses: New Steven D. Dacre dba Tin Can Saloon 571 East Redlands Boulevard #3 On Sale Beer & Wine Claudia J. & Gaston P. DeRoos dba Claudia's Deli/Cafe 1263 East Lynwood On Sale Beer & Wine - 20 - 8/15/83 California Target Enterprises, Inc. dba Fast Save 1087 North Mt. Vernon Avenue Off Sale Beer & Wine Gary Lazar dba Fast Save 2696 Foothill Boulevard Off Sale Beer & Wine Transferred Mark Conant, General Partner, dba USA Petroleum Company 187 North "F" Street Off Sale Beer & Wine Choon Myong Lee & Jum Bun dba John's Burgers 1155 West Second Street On Sale Beer & Wine RES. 83-277 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO FINDING THAT AN AREA OF THE CITY REQUIRES STUDY TO DETERMINE IF A REDEVELOPMENT PROJECT IS FEASIBLE, DESIGNATING SAID AREA AS A SURVEY AREA TO BE KNOWN AS UPTOWN PROJECT AREA, AND REPEALING RESOLUTION NO. 83-49. (Continued from earlier in the meeting) (R15) Vince Bautista, Principal Planner, explained changes in the boundary area. Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-277 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. City Attorney Prince answered questions about the Uptown Citizens Advisory Board and whether there would be a conflict of interest if board members owned property within the survey area. FINE ARTS COMMISSION CREATION In a memorandum dated August 12, 1983, Council Member Marks requested that a nine member City Fine Arts Commission be estab- lished to help facilitate the attainment of the many worthwhile goals and objectives associated with the arts. (S2) The Mayor and Common Council discussed the appointment pro- cess and whether appointments should be made by the ward system. Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the establishment of a City of San Bernardino Fine Arts Commission be accepted in prin- ciple. Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the proposed Fine Arts Commission consist of nine members appointed by the Mayor subject to City Council review and approval.' Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that Thelma Press, Executive Director, International Council, in addition to her other speci- fied duties within the Office of the Mayor, be designated as the City staff liaison person to the proposed Fine Arts Commission. Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the City Administrator and City Attorney be directed to prepare an appropriate ordinance for the establishment of a Fine Arts Commission which shall in- clude relevant points raised in form motions 1 through 4, as well as the duties and responsibilities as outlined in Councilman Marks' memorandum to the Mayor and Common Council dated August 12, 1983 regarding the establishment of a Fine Arts Commission in San Bernardino. - 21 - 8/15/83 council Member Marks made a motion, seconded by Council Mem- ber Frazier and unanimously carried, that the members of the pro- posed Fine Arts Commission be selected and appointed on the basis of rational criteria, including demonstrated experience and knowledge of the arts and recognized dedication to cultural af- fairs irrespective of specific residency location within the City of San Bernardino and that a special committee of three Councilmen be established to interact with the Mayor and advise him on ap- pointments to the Fine Arts Commission. Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that Council Members Castaneda, Marks and Frazier be appointed to the special committee. PERSONNEL ACTIONS Council Member Marks made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that Kevin D. Jenner be appointed as Coach Operator in the Park and Recreation Department, on a temporary basis, effective August 16, 1983. (S3) RES. 83-278 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CASA RAMONA, INC. TO PROVIDE FOR THE OPERATION OF A DROP-IN CENTER LOCATED AT 1524 WEST SEVENTH STREET, SAN BERNARDINO, CALIFORNIA. (S4) The City Clerk read the title of the resolution. Council Member Castaneda 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. 83-278 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. CONVENTION CENTER ROOM RENTAL - ENGLISH ENTERPRISES Martha Johnson, Convention Center Manager, requested in a memorandum dated August 12, 1983, authorization to rent the upper level room to English Enterprises, Inc., at a rate of 409 per square foot per month. (S5) Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that the Convention Center Manager be authorized to rent Upper Level Room No. 1 to English Enterprises, Inc., in addition to Rooms 2 and 3, at the rate of '409 per square foot per month (inclusive of those stipulations authorized by City Council action on January 17, 1983) and that English Enterprises, Inc. be permitted to install new door locks in this room also at no cost to the City. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier was excused from the Council Meeting. ORD. MC-300 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING ORDINANCE NO. MC-297 TO SPECIFY THAT THE TAX INCREASE EFFECTED BY ORDINANCE NO. MC-297 WILL BE EFFECTIVE ON ALL BILLINGS ORIGINATED ON SEPTEMBER 29, 1983 AND SUBSEQUENT THERETO, AND DE- CLARING THE URGENCY THEREOF. FINAL (S6) The City Clerk read the title of the ordinance. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the ordinance be waived and said ordinance be adopted. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meeting and took his place at the Council Table. - 22 - 8/15/83 council Member Castaneda made a motion, seconded by Council Member Reilly, .that said ordinance be adopted as an urgency mea- sure. Ordinance MC-300 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Frazier, Strickler. Noes: Council Member Hernandez. Absent: Council Member Quiel. CODE COMPLIANCE OFFICER - CITATION POWER In a memorandum dated August 11, 1983, Ralph Prince, City Attorney, recommended that the Municipal Code be amended to em- power the Code Compliance Specialist in the Building and Safety Department to arrest and issue notices to. appear for violations of the building and zoning ordinances. (S7) Council Member Reilly made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the City Attorney be directed to prepare amendments to Titles 15 and 19 to empower the Code Compliance Specialist to issue notices to appear for viola- tions of the building and zoning ordinances. UPTOWN CITIZENS ADVISORY COMMITTEE DECLARATION Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the Mayor and Com- mon Council declares that the individuals appointed to the Uptown Citizens Advisory Committee are intended to represent and further the interest of residents and businesses in the area and that such responsibility and furtherance will ultimately serve the public interest. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier was excused from the Council Meeting. APPOINTMENTS - OBERSHAW, SAENZ, PALMER - UPTOWN CITIZENS ADVISORY COMMITTEE Pursuant to the recommendation of Council Mayor Holcomb appointed Chuck Obershaw of 1155 Cruz Saenz of 1530 North Riverside Avenue, and 1440 Edgehill Road, to serve as members on the Advisory Committee. Member Reilly, North "E" Street, John Palmer of Uptown Citizens (S8) Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that the appointments be confirmed. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meeting and took his place at the Council Table. APPOINTMENT - CHRISTIE - PLANNING COMMISSION Mayor Holcomb appointed Charles Christie, Jr., of 969 West Edgemont Drive, to serve as a member of the Planning Commission. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the appointment be confirmed. SEWER MAIN CONNECTION GUARANTEE - SOUTH WATERMAN AREA In a memorandum dated August 15, 1983, Roger Hardgrave, Director of Public Works/City Engineer, recommended that the following listed options which would guarantee that at least 85% of the property owners will connect if sewer mains are con- structed in the South Waterman area, be approved: 1. File a good faith cash deposit with the City in the amount of the sewer connection fee, plant establishment fee, and estimated construction cost of a lateral. (Deposits to be placed in an interest-bearing account.) - 23 - 8/15/83 2. Receive approval of a loan from the City Redevelop- ment Agency in the amount of the sewer connection fee, plant establishment fee and estimated con- struction cost of a lateral. 3. Establishment of an assessment district by the City to include cost for sewer connection fees, plant establishment fees and construction cost of laterals. The City Engineer further stated in his memorandum that any of the three options stated will provide assurance that at least 85% of the property owners will connect to the sewer mains. Mrs. Willie Brue questioned the deposit under the recommenda- tions. Mayor Holcomb explained that the deposits will be the connec- tion fee. Council Member Castaneda made a motion, seconded by Council Member Marks and unanimously carried, to instruct the City Attor- ney to prepare the necessary resolution to designate this area as a blighted area so that bedroom fees will be waived. The City Engineer answered questions regarding his memo ran- dum. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that at least 85% of the property owners in the South Waterman Area shall file cash deposits with the City to provide funds for their sewer connection fees, plant capacity fees and construction cost of the laterals. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that at least 85% of the property owners in the South Waterman Area shall obtain loans from the Redevelopment Agency to cover the cost of their sewer connection fees, plant capacity fees and construction costs of the laterals. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that an assessment dis- trict be established for the South Waterman Area to raise funds to cover the sewer connection fees, plant capacity fees and con- struction costs of the laterals. The Mayor and Common Council discussed the requirement that 85% of the property owners in the South Waterman Area file a cash deposit and whether it should refer to improved property only or also include vacant parcels. Council Member Marks made a substitute motion, seconded by Council Member Castaneda and unanimously carried, that at least 85% of the improved property owners in the South Waterman Area shall file cash deposits with the City to provide funds for plant capacity fees or obtain loans from the Redevelopment Agency for the plant capacity fees. STREET CLOSURE - 11TH STREET, BETWEEN MUSCOTT AND HANCOCK In a memorandum dated August 15, 1983, Council Member Frazier recommended that 11th Street, between Muscott and Hancock, be closed on September 3, 1983 for a revival by the Carter Memorial Church of God in Christ. - 24 - 8/15/83 Council Member Frazier made a motion, seconded by Council Member Marks and unanimously carried, that the Superintendent of Public Services Division be authorized to deliver and recover the necessary barricades to the Carter Memorial Church of God in Christ for the purpose of conducting a Youth Activities Weekend Revival; that the Chief of Police and Fire Chief be notified of this activity, and the City Clerk to advise the pastor of Carter Memorial Church of God in Christ of his responsibility for main- taining health, safety, welfare and order during the activities. RECESS MEETING - CLOSED SESSION At 4:25 p.m., the Regular Meeting of the Mayor and Cornmon Council of the City of San Bernardino recessed for a Closed Ses- sion for discussion on labor relations, personnel matters and a legal settlement. (22) CLOSED SESSION The Closed Session of the Mayor and Cornmon 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, Frazier, Strickler; City Attorney Prince, City Clerk Clark, Deputy City Administrator Schweitzer. Absent: Coun- cil Member Quiel. Also present were Glenda Saul, Acting Executive Director of the Redevelopment Agency, and Bill Flory, Agency Counsel. ACTING EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY AND AGENCY COUNSEL EXCUSED The Acting Executive Director of the Redevelopment Agency and the Agency Counsel were excused from the Closed Session. RISK MANAGEMENT COORDINATOR SOLHEIM ARRIVED Ron SOlheim, Risk Management Coordinator, arrived at the Closed Session. RISK MANAGEMENT COORDINATOR SOLEHIM EXCUSED The Risk Management Coordinator was excused from the Council Meeting. ADJOURN CLOSED SESSION At 5:03 p.m., the Closed Session of the Mayor and Cornmon 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 5:03 p.m., the Regular Meeting of the Mayor and Cornmon Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Reilly, Marks, Frazier, Strickler; City Attorney Prince, City Clerk Clark, Deputy City Administrator Schweitzer. Absent: Council Members Castaneda, Hernandez, Quiel. CLAIM SETTLEMENT - JONES, MARTIN In a memorandum dated August 4, 1983, Ron Solheim, Risk Management Coordinator, requested approval of a settlement, in the sum of $12,900, for the claims filed by Pauline Jones, Earline Martin and Nathan Martin for bodily injuries and property damages resulting from a traffic collision on December 22, 1982. - 25 - 8/15/83 Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the claims of Pauline E. Jones, Earline Martin and Nathan Martin, a minor, for injuries and damages alleged to be the result of a traffic collision at the intersection of Iowa Avenue and Center Street on December 22, 1982, be approved in the sums of $4,300, $7,500 and $1,100, re- spectively. SALARY SETTING FORMULA - FIREFIGHTERS In a letter dated August 9, 1983, Skip Kulikoff, Executive Secretary of Firefighters Local 891, requested a determination by the Mayor and Common Council on the Firefighters use of 1981-82 figures to determine the upcoming salaries study as figures for 1982-83 are not published yet by the State Controllers Office. In a memorandum dated August 4, 1983, Allen Briggs, Assistant City Attorney, answered the inquiry of Joe Acosta, Labor Manage- ment Relations Officer, whether the latest information provided by the State Controller regarding the population of cities between 100,000 and 250,000 can be used rather than the latest Annual Re- port of Financial Transactions of California Cities published by the State Controller when the State Controller is late in publish- ing its annual report. Assistant City Attorney Briggs stated in his memorandum that the specific wording of the Charter makes it clear that it must be the latest Annual Report of Financial Trans- actions of California Cities pUblished by the State Controller which must be used, and later information not so published cannot be substituted. Council Member Marks made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the request be denied based on the legal opinion from the City Attorney's Office. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. ADJOURN MEETING Mayor Holcomb suggested that the meeting adjourn to Thursday, August 18, 1983, in order to discuss the Highland Cityhood issue, alternate uses of the nursery stock, a personnel matter and the hiring of a consultant to study the Fire Department. At 5:05 p.m., Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that the meeting adjourn to Thursday, August 18, 1983, at 3:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. City Clerk Approved the 19th of September, 1983. Mayor of the City of San Bernardino - 26 - 8/15/83