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HomeMy WebLinkAbout12-19-1983 Minutes City of San Bernardino, California December 19, 1983 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb on Monday, December 19, 1983, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Olen Jones, City Chaplain. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Reilly. INVOCATION A second Invocation was given by Major David Boyd of the Salvation Army. 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. APPROVE MINUTES - NOVEMBER 29, 1983 Council Member Quiel made a motion, seconded by Council Mem- ber Reilly, to approve the minutes of the Mayor and Common Council of the City of San Bernardino held on the 29th of November, 1983, as submitted in typewritten form. (1) The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier. Noes: None. Absent: None. Abstain: Council Member Strickler. APPROVE MINUTES - DECEMBER 5, 1983 Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernar- dino held on the 5th of December, 1983, as submitted in typewritten form. (2) HAMPSHIRE AVENUE FLOODWAY - INSTALLATION OF IRRIGATION SYSTEM AND LANDSCAPING - SCC GENERAL CONTRACTOR In a memorandum dated December 1, 1983, Roger Hardgrave, Director of Public Works/City Engineer, recommended that the installation of irrigation system and landscaping for Hampshire Avenue Floodway by SCC General Contractor, be approved. (3) Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the work performed by the Contractor, in accordance with Specification No. 6178, be approved and accepted; and that final payment be authorized at the end of the lien period. OUT-OF-STATE TRAVEL - STEVE L LOCATI - FIRE PREVENTION SPECIALIST II In a memorandum dated December 7, 1983, Gerald M. Newcombe, Fire Chief, requested authorization for Fire Prevention Specialist II Steve I. Locati to attend the National Fire Academy in Emmits- burg, Maryland, January 30 through February 10, 1984. (4) Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that authorization be given for Specialist Steve I. Locati to attend the National Fire Academy in Emmitsburg, Maryland, January 30, through February 10, 1984. OUT-OF-STATE TRAVEL - CHARLOTTE S. MONTOYA- FIRE PREVENTION SPECIALIST II In a memorandum dated December 7, 1983, Gerald M. Newcombe, Fire Chief, requested authorization for Fire Prevention Specialist II Charlotte S. Montoya to attend the National Fire Academy in Emmitsburg, Maryland, March 12 through 23, 1984. (5) Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that authorization be given for Specialist Charlotte S. Montoya to attend the National Fire Academy in Emmitsburg, Maryland, March 12 through 23, 1984. COUNCIL PERSONNEL COMMITTEE REPORT Council Member Hernandez, Chairman of the Council Personnel Committee, presented the Council Personnel Committee report of December 9, 1983. The following recommendations were made: (6) Approval of the requests to fill positions for Redevelopment Agency - Upgrade - Account Clerk II position to Account Clerk III, with condition that recruitment be made and list of applicants be brought before this Committee; Convention Center - Appointment - Program Coordinator (contract basis), Roger Hughes, Jr.; Finance/ purchasing - Hiring - Intermediate Typist Clerk (temporary); Mayor/Affirmative Action - Up-grade - Jr. Clerk Typist to Intermediate Typist Clerk; Police Department/Records Bureau - Hiring - Inter- mediate Clerk Typist; Police Department - proposed reorganization - with condition the proposed re- organization be placed on the December 19, 1983 Council Agenda, with proper backup; Public Works/ Public Buildings - Re-establishment of Senior Custodian position; hiring of Custodian; hiring of Maintenance Carpenter (in-house promotion); Energy Auditor; Planning - Planning Aide - with condition advertisement to be made in newspaper prior to next Council meeting, provisional employee be selected from applicants and action be brought to Council for ratification. Approval of Civil Service Eligibility Lists for Public Services - Maintenance Worker II; Public Buildings - Senior Custodian, Maintenance Carpenter. Approval of the current eligibility lists for Conven- tion Center - Program Coordinator; Public Buildings - Custodian Aide I; Fire Department - Fire Equipment Shop Foreman; Park, Recreation, Community Services - Coach Operator; Animal Control - Animal Health Aide; Public Works - Traffic Engineer. Approval of the request to establish eligibility list for Public Buildings - Energy Auditor. Approval of the personnel action forms for the following: SBETA/Administration - Intermediate Typist Clerk - Juanita M. Romero Fire Department - Equipment Mechanic Foreman (MM) - Gregory M. Lopez (prom) Police Department/Records Bureau - Intermediate Typist Clerk - Kathryn I. Miller Police Department - School Crossing Guard - Shirley A. Swain Public Buildings - Custodian - Gilbert R. Lopez; Security Officer - Eileen Prieto - 2 - 12/19/83 Park, Recreation, Community Services Youth Service Aide I - Eddie Lee, Jr. Youth Service Aide II - Inez Green Recreation Specialist - Pamella L. Kiesel Recreation Aide - Raymond I. Ramirez; Lebrac Fletes; Mark Chisom; Kevin A. Newton; Johnny D. Moore; Robert Anderson Recreation Leader - Stephanie L. Jimenez; John A. Negrette; Kenneth R. McDonald; Susan L. Perry; John Abraham; Lisa Jewett Senior Recreation Leader - Ruben Campos; Janet Chaney; Mary Irving; Martin Pastucha; Ann Davis-Schultz Field Representative Aide - Petra Rodriquez Senior Services Aide - Henry K. Manship; Flora Gadsden; Crescencia G. Escajeda Food Service Supervisor - Maria D. Abrego Food Service Supervisor II - Marjorie L. Deleva Food Service Worker I - Lorraine M. Adams; David Wuornos Food Service Worker II - priscilla Giles Kitchen Helper - Carl Jones; Marsha Larkin, Edna Santiful Light Equipment Operator - Art Perez; Charles Medina; Chris Cook; Richard Robbins; Ruben Suarez; Vincent Martinez; James Haleman Youth Service Aide I - Trivia Holt Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the report from the Council Personnel Committee be filed. CLAIMS AND PAYROLL Council Member Hernandez made a motion, seconded by Council Member Reilly 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: December 2, 1983 December 5, 1983 #83/84-20 83/84-21 $ 135,186.06 1,125,172.37 2. Approve a supplement to the total gross payroll for the period October 31, 1983, through November 13, 1983, in the amount of $12,840.41. 3. Approve the total gross payroll for the period November 14, 1983, through November 27, 1983, in the amount of $1,024,759.43. 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, with the exception of the action form for the Assistant Chief of POlice, be approved and ratified as follows: (8) APPOINTMENTS Police Department Jeffery A. Andrade - Police Officer Effective December 20, 1983 Raymond Bryant - Police Officer Effective December 20, 1983 Robert Cram - Police Officer Effective January 3, 1984 Gordon D. Jones - Police Officer Effective December 20, 1983 Candance L. McGee - Police Officer Effective December 20, 1983 John B. Minor - Police Officer Effective January 3, 1984 - 3 - 12/19/83 Jimmy D. Rawls - Police Officer Effective December 20, 1983 Kathryn I. Miller - Intermediate Typist Clerk Effective December 20, 1983 Public Buildings Gilbert R. Lopez - Custodian Effective December 20, 1983 TEMPORARY APPOINTMENTS Parks, Recreation and Community Services Maria D. Abrego - Food Service Supervisor Effective December 6, 1983 Robert L. Anderson - Recreation Aide Effective December 20, 1983 Mark Chisom - Recreation Aide Effective December 13, 1983 Marjorie L. DeLeva - Food Service Supervisor II Effective December 6, 1983 Crescencia G. Escajeda - Senior Services Aide Effective December 6, 1983 Flora Gadsden - Senior Services Aide Effective December 6, 1983 priscilla A. Giles - Food Service Worker II Effective December 6, 1983 Inez Green - Youth Service Aide II Effective December 6, 1983 Trivia M. Holt - Youth Service Aide I Effective December 20, 1983 Stephanie L. Jimenez - Recreation Leader Effective December 6, 1983 Pamella L. Kiesel - Recreation Specialist Effective December 13, 1983 Eddie Lee, Jr. - Youth Services Aide I Effective December 6, 1983 Henry K. Manship - Senior Services Aide Effective December 6, 1983 Kenneth R. McDonald - Recreation Leader Effective December 6, 1983 Johnny D. Moore - Recreation Aide Effective December 20, 1983 John A. Negrette - Recreation Leader Effective December 6, 1983 Kevin A. Newton - Recreation Aide Effective December 20, 1983 Susan L. Perry - Recreation Leader Effective December 6, 1983 Raymond I. Ramirez - Recreation Aide Effective December 6, 1983 - 4 - 12/19/83 Lebrac F1etes - Recreation Aide Effective December 6, 1983 Petra Rodriguez - Field Representative Aide Effective December 6, 1983 John G. Abraham - Recreation Leader Effective December 13, 1983 Lisa A. Jewett - Recreation Leader Effective December 13, 1983 Lorraine M. Adams - Food Service Worker I Effective December 6, 1983 David W. Wuornos - Food Service Worker I Effective December 6, 1983 Carl D. Jones - Kitchen Helper Effective December 6, 1983 Marsha D. Larkin - Kitchen Helper Effective December 6, 1983 Edna J. Santifu1 - Kitchen Helper Effective December 6, 1983 Ruben M. Campos - Senior Recreation Leader Effective December 13, 1983 Janet Chaney - Senior Recreation Leader Effective December 13, 1983 Ann L. Davis-Schultz - Senior Recreation Leader Effective December 13, 1983 Mary A. Irving - Senior Recreation Leader Effective December 13, 1983 Martin pastucha - Senior Recreation Leader Effective December 13, 1983 Police Cynthia J. Babb - Dispatcher Effective December 19, 1983 Jerome S. Brown - Law Enforcement Trainee Effective December 28, 1983 John R. Diaz - Law Enforcement Trainee Effective December 28, 1983 Raymond L. Govan - Law Enforcement Trainee Effective December 28, 1983 Alice Mallek - Dispatcher Effective December 19, 1983 Sharon L. Minor - Dispatcher Effective December 19, 1983 Kevin D. Sovereign - Dispatcher Effective December 19, 1983 Richard W. Summers - Law Enforcement Trainee Effective December 28, 1983 Shirley A. Swain - Crossing Guard Effective November 21, 1983 - 5 - 12/19/83 Robert L. widlund - Dispatcher Effective December 19, 1983 Police/Fire Departments Myrna J. Bidelow - Dispatcher Effective December 8, 1983 Cheryl A. Domfort - Dispatcher Effective December 8, 1983 Jo S. Emery - Dispatcher Effective December 8, 1983 Michael Fox - Dispatcher Effective December 8, 1983 Michael D. Huddleston - Dispatcher Effective December 8, 1983 Karon S. Humphreys - Dispatcher Effective December 8, 1983 David J. Lewis - Dispatcher Effective December 8, 1983 David J. Pickett - Dispatcher Effective December 8, 1983 Gary M. pulliani - Dispatcher Effective December 8, 1983 Jaynie M. Randall - Dispatcher Effective December 8, 1983 Robert J. Ruess - Dispatcher Effective December 8, 1983 Leonard E. Temby - Dispatcher Effective December 8, 1983 Gregory P. Turner - Dispatcher Effective December 8, 1983 Dennis L. West - Dispatcher Effective December 8, 1983 Public Buildings Eileen M. Prieto - Security Officer Effective November 8, 1983 SBETA Administration Juanita M. Romero - Intermediate Typist Clerk Effective November 22, 1983 PROMOTIONAL APPOINTMENTS Fire Department Gregory M. Lopez - Equipment Mechanic to Fire Equipment Shop Foreman - Effective December 20, 1983 Police Department Stephen W. Barilics - Police Officer to Detective - Effective December 20, 1983 Michael A. Billdt - Police Officer to Training Officer - Effective December 20, 1983 Robert J. Valkenburg - Police Officer to Training Officer - Effective December 20, 1983 - 6 - 12/19/83 TRANSFER Public Services/Refuse Catherine L. Melton - Intermediate Typist Clerk - Effective January 9, 1984 RECLASSIFICATIONS Parks, Recreation and Community Services Christopher D. Cook - Light Equipment Operator to Park Maintenance Worker III Effective December 6, 1983 James Haleman - Light Equipment Operator to Park Maintenance Worker III - Effective December 6, 1983 Vincent R. Martinez - Light Equipment Operator to Park Maintenance Worker III Effective December 6, 1983 Charles Medina - Light Equipment Operator to Park Maintenance Worker III - Effective December 6, 1983 Arthur A. Perez - Light Equipment Operator to Park Maintenance Worker III - Effective December 6, 1983 Richard L. Robbins - Light Equipment Operator to Park Maintenance Worker III - Effective December 6, 1983 Ruben P. Suarez - Light Equipment Operator to Park Maintenance Worker III - Effective December 6, 1983 LEAVE OF ABSENCE EXTENSION Building and Safety Vera Franz - Intermediate Typist Clerk From December 19, 1983 to March 28, 1984 Effective December 19, 1983 PUBLIC HEARING - ALLEY CLOSURE - BETWEEN THE 5700 BLOCK OF ELECTRIC AVENUE AND PERSHING AVENUE This is the time and place set for a Public Hearing on the alley closure between the 5700 block of Electric Avenue and Pershing Avenue. (9) Mayor Holcomb opened the hearing. No protests were received. Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the hearing be closed. RES. 83-444 RESOLUTION OF THE CITY OF SAN BERNAR~ DINO AUTHORIZING THE CLOSURE OF THE EAST/WEST ALLEY, BETWEEN THE 5700 BLOCK OF ELECTRIC AVENUE AND PERSHING AVENUE. The City Clerk read the title of the resolution. Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-444 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. - 7 - 12/19/83 APPEAL - PLANNING COMMISSION'S DENIAL ON APPLICA- TION FOR LOT LINE ADJUSTMENT NO. 83-17 - 5380 NORTH MOUNTAIN VIEW AVENUE - CONTINUED FROM DECEMBER 5, 1983 This is the time and place continued to for a hearing on the appeal filed by Wayne Hendrix for Mr. and Mrs. Leroy Pattison, on Planning Commission's decision of denial on the application for Lot Line Adjustment No. 83-17, to adjust the lot line between two parcels located at 5380 North Mountain View Avenue. (10) In a memorandum dated December 19, 1983, Frank A. Schuma, Planning Director, indicated that after a discussion with the applicant's engineer regarding Lot Line Adjustment No. 83-17, a compromise solution had been reached in the event the application is approved. The applicant will provide for an access point on the northerly portion of his property extending west to Electric Avenue. This roadway will have a minimum right-of-way width of 28 feet and shall be dedicated and improved to the satisfaction of the City Engineer. Therefore, if Lot Line Adjustment No. 83-17 is approved, the following two conditions should be added: 1. A Certificate of Compliance for a Lot Line Adjustment is required. 2. The following statement shall be placed on the Certificate of Compliance: "Upon the development of the larger parcel, Pershing Avenue shall be extended to provide access to the adjacent parcel to the north and a secondary means of access shall be pro- vided for Pershing Avenue. Said access shall be a minimum of 25 feet and shall be dedicated and improved as approved by the City Engineer." Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the appeal hearing be closed and the decision of the Planning Commission be modified to include the conditions listed on Frank A. Schuma's memorandum dated December 19, 1983 as follows: 1. A Certificate of Compliance for a Lot Line Adjustment is required. 2. The following statement shall be placed on the Certificate of Compliance: "Upon the development of the larger parcel, Pershing Avenue shall be extended to provide access to the adjacent parcel to the north and a secondary means of access shall be pro- vided for Pershing Avenue. Said access shall be a minimum of 25 feet and shall be dedicated and improved as approved by the City Engineer." PLANNING COMMISSION RECOMMENDATIONS Frank Schuma, Planning Director, gave the Planning Report regarding the Planning commission matters of the meeting of December 6, 1983. The following recommendations were made: That the application for Change of Zone No. 83-29, Ross Gifford, applicant, to change the land use zoning district from R-1-7200 Single-Family Resi- dential to R-3-3000 Multiple Family Residential for a rectangularly-shaped parcel of land consist- ing of approximately 8.32 acres having a frontage of approximately 658 feet on the east side of Pepper Avenue and being located approximately 738 feet north of the centerline of Rialto Avenue, be recommended for approval. (11) - 8 - 12/19/83 council Member Hernandez made a motion, seconded by Council Member 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. Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, to approve the findings of fact and the recommendation of the Planning Commission and direct the City Attorney to prepare the necessary amendments to the zoning ordinance. That the application for Change of Zone No. 83-26, D. A. Verrico, applicant, to change the land use zoning district from R-3-3000 Multiple Family Resi- dential to PRD-14U planned Residential Development zone at 14 dwelling units per acre for an irregularly- shaped parcel of land consisting of approximately 5.4 acres located at the northeasterly corner of Kendall Drive and 48th Street having a frontage of approxi- mately 926 feet on the north side of Kendall Drive and a frontage of 596 feet on the easterly side of 48th Street, be recommended for approval. (12) Council Member Reilly stated he would abstain from voting, as the engineering firm he works for has done some work for this applicant. Council Member Hernandez made a motion, seconded by Council Member Quiel, to approve the responses to comments and to adopt the Mitigated Negative Declaration for environmental review which has been reviewed and considered. The motion carried by the following vote: Ayes: Council Members Castaneda, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Reilly. Council Member Hernandez made a motion, seconded by Council Member Quiel, to approve the findings of fact and the recommenda- tion of the Planning Commission and direct the City Attorney to prepare the necessary amendments to the zoning ordinance. The motion carried by the fOllowing vote: Ayes: Council Members Castaneda, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Reilly. PUBLIC NUISANCE ABATEMENT - S & S MEAT PRODUCTS COMPANY - 1389 WEST MILL STREET - CONTINUED FROM NOVEMBER 21, 1983 This is the time and place continued to for discussion on the abatement of a public nuisance arising from nauseous odors from S & S Meat Products Company at 1389 West Mill Street. (13) Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that this matter be tabled. REQUEST FOR PARKING SPACES - FIVE-LEVEL PARKING STRUCTURE - DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING - CONTINUED FROM DECEMBER 5, 1983 This is the time and place continued to for a request by the Department of Fair Employment and Housing for three designated parking spaces in the basement level of the five-level parking structure. (14) RES. 83-445 RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A LEASE WITH THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING RELATING TO THE LEASE OF THREE PARKING SPACES IN THE FIVE- LEVEL PARKING STRUCTURE. - 9 - 12/19/83 The City Clerk read the title of the resolution. Council Member Castaneda made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-445 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. CITY ATTORNEY REPORT - RECOUPING CITY'S LOSS FROM BOND COMPANY - CORRECTIVE WORK - NORTH OF 48TH STREET, EAST OF KENDALL DRIVE Council Member Quiel made a motion, seconded by Council Mem- ber Marks and unanimously carried, that the matter of the City Attorney's report on recouping the City's loss from Bonding Company for corrective work north of 48th Street, east of Kendall Drive be continued to Monday, January 23, 1984, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (15) MILL CENTER RECREATION FACILITY - CORRECTIVE WORK - RON ROBERTS & ASSOCIATES - CITY ATTORNEY LEGAL ACTION TO NOTIFY BONDING COMPANY OF DEFAULT This is the time and place for a report from the City Attorney concerning legal action to notify bonding company of default in the matter of corrective work by Ron Roberts & Associates at Mill Center Recreation Facility. (16) It was stated that the parties involved in the Mill Center Recreation Facility are in non-binding arbitration with Judge Haldorson. COUNCIL MEMBER QUIEL EXCUSED Council Member Quiel was excused from the Council Meeting. Council Member Marks made a motion, seconded by Council Mem- ber Castaneda, that this matter be continued to Thursday, December 22, 1983 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. ALTERNATE METHODS OF TRANSPORTATION SERVICES - REQUEST FOR PROPOSALS - CONTINUED FROM DECEMBER 5, 1983 This is the time and place continued to for action on the draft of a request for proposals for the possible hiring of a consultant to evaluate alternate methods of providing transit service in the City. (17) Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carrie~ that this matter be continued to Monday, January 9, 1984, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL PERSONNEL COMMITTEE RECOMMENDATION - INEQUITY WAGE ADJUSTMENTS - CONTINUED FROM DECEMBER 5, 1983 This is the time and place continued to for a recommendation from the Council Personnel Committee on the matter of inequity wage adjustments. (18) Council Member Hernandez, Chairman of the Council Personnel Committee, stated that the Committee has been reviewing inequity in wages, that they have agreed that any wage inequities will be retroactive to July I, 1983, and that this matter has been re- ferred to the Ways and Means Committee for study. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that this matter be con- tinued to Monday, January 23, 1984, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. - 10 - 12/19/83 TWO LITTLE LEAGUE FIELDS AT PATTON PARK - IMPROVEMENTS - PLAN NO. 6400 In a memorandum dated December 9, 1983, Roger Hardgrave, Director of Public Works/City Engineer, recommended approval of plans for construction of improvements to the two Little League fields at Patton Park, in accordance with Plan No. 6400. The total estimated project cost is $176,400. $140,533 of 1980 State Bond Act Funds is available under Account No. 43-460-715, to finance the costs of this project. (19) City Administrator Matzer answered questions regarding the source of funds for this project. Council Member Strickler made a motion, seconded by Council Member Reilly, that the plans for improvements to the two Little League fields at Patton Park, in accordance with plan No. 6400, be approved; and the Director of Public Works/City Engineer authorized to advertise for bids. After discussion, the Council agreed to hold this matter over until later in the meeting so that the Director of Parks, Recrea- tion and Community Services could answer questions. CHANGE ORDER NO. 1 - INSTALLATION OF CURB AND GUTTER - TERRACE ROAD, FROM SIXTH STREET TO ETIWANDA AVENUE - AAA PAVING COMPANY In a memorandum dated December 9, 1983, Roger Hardgrave, Director of Public Works/City Engineer, recommended approval of Change Order No. 1 to the contract with AAA Paving Company for the installation of curb and gutter on Terrace Road, from Sixth Street to Etiwanda Avenue, in accordance with plan No. 6373. This change order will authorize the contractor to remove and re- place approximately 28 feet of curb and gutter, at a cost not to exceed $400.00, for an increase in the contract price from $22,298.87 to $22,698.87. (22) Council Member Marks made a motion, seconded by Council Mem- ber Frazier, that Change Order No. One to the contract with AAA Paving Company for installation of curb and gutter on Terrace Road, from Sixth Street to Etiwanda Avenue, in accordance with Plan No. 6373; be approved, to authorize removal and replacement of approximately 28 feet of curb and gutter at a cost not to ex- ceed $400.00, for an increase in the contract price from $22,298.87 to $22,698.87. The motion carried by the following vote: Ayes: Members Castaneda, Reilly, Hernandez, Marks, Frazier, Noes: None. Absent: Council Member Quiel. Council Strickler. INSTALLATION OF EDISON LIGHT - 100 BLOCK OF CENTRAL AVENUE In a memorandum dated December 12, 1983, Roger Hardgrave, Director of Public Works/City Engineer, recommended the installa- . tion of an additional street light on Central Avenue between prop- erty line of resident 104 and 122 on existing Edison light pole No. l266901E, light size 9500L. The monthly cost to lease a light from Edison Company will be approximately $9.89 per month for an annual cost of $119.00 per year. (23) Council Member Hernandez made a motion, seconded by Council Member Reilly, that the installation of a street light on Central Avenue between property line of resident 104 and 122 be installed on existing Edison light pole No. l266901E, light size 9500L be authorized and that the Public Buildings Superintendent be directed to coordinate the installation of said light with the California Edison Company. The motion carried by the following vote: Ayes: Members Castaneda, Reilly, Hernandez, Marks, Frazier, Noes: None. Absent: Council Member Quiel. Council Strickler. - 11 - 12/19/83 INSTALLATION OF STREET LIGHT - MID-BLOCK ON EAST BERNARD WAY In a memorandum dated December 5, 1983, Roger Hardgrave, Director of Public Works/City Engineer, recommended the installa- tion of a street light on the existing Edison utility pole in front of the residence of 249 East Bernard Way. He fUrther stated that this area has been surveyed by the Public Buildings Division, which revealed that the nearest street light is on LeRoy and/or Belle Street. The installation of this street light would be in accordance with approved City guidelines. (24) Council Member Hernandez made a motion, seconded by Council Member Reilly, that the installation of a street light on the existing utility pole, at 249 E. Bernard Way be authorized, and the Superintendent of Public Buildings be directed to make the necessary arrangements with Edison Company. The motion carried by the following vote: Ayes: Members Castaneda, Reilly, Hernandez, Marks, Frazier, Noes: None. Absent: Council Member Quiel. Council Strickler. ADDITIONAL PATROL VEHICLES - PATROL OF DOWNTOWN PARKING DISTRICT LOTS & DOWNTOWN AREA - $6,000 In a memorandum dated December 13, 1983, Wayne Overstreet, Superintendent of Public Buildings/Parking Control, recommended the purchase of two additional parking control vehicles from parking citation revenue, not to exceed $6,000. He also stated that at the Council meeting of November 21, 1983, an additional Parking Control Checker was authorized. Included in this request was the purchase of two additional vehicles to be used for patrolling of the downtown parking district lots and down- town area. One of the proposed new vehicles will be used by the additional employee, and the second to be used as a spare during a time when the other five vehicles are being repaired. (25) Council Member Hernandez made a motion, seconded by Council Member Reilly, that the Purchasing Agent be authorized to purchase two (2) additional golf cart type vehicles at the earliest possible date, not to exceed $6,000. The motion carried 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 Reilly, that the Director of Finance be authorized to estab- lish a Vehicle account from parking Citation Revenue to fund this purchase, not to exceed $6,000. The motion carried by the following vote: Ayes: Members Castaneda, Reilly, Hernandez, Marks, Frazier, Noes: None. Absent: Council Member Quiel. Council Strickler. JOHNSON HALL COMMUNITY CENTER - PURCHASE OF PIANO - SIXTH WARD EXTENSION FUND - $1,000 In a memorandum dated December 12, 1983, Annie F. Ramos, Director of Parks, Recreation, and Community Services, recommended the purchase of an upright piano for Johnson Hall Community Center in the amount of $1,000 from the Sixth Ward Park Extension Account No. 41-460-696. The piano is needed for use during special events and programs. (26) COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler was excused from the Council Meeting. Council Member Hernandez made a motion, seconded by Council Member Castaneda, that an expenditure of Sixth Ward Park Extension Funds (Account No. 41-460-696) in the amount of $1,000 be authorized for the purchase of a piano for Johnson Hall Community Center. - 12 - 12/19/83 The motion carried by the following vote: Ayes: Members Castaneda, Reilly, Hernandez, Marks, Frazier. None. Absent: Council Members Quiel, Strickler. Council Noes: COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. DEL ROSA LITTLE LEAGUE FIELD - CONSTRUCTION OF FENCING EXTENSION - SEVENTH WARD EXTENSION FUNDS $2,300 In a memorandum dated December 12, 1983, Annie R. Ramos, Director of Parks, Recreation, and Community Services, recommended construction of 22 feet high by 80 feet long fencing extension for the first base side of the backstop at Del Rosa Little League Field. The funding would be from the Seventh Ward Park Extension Account No. 41-460-697 .in the amount of $2,300. She further stated that this construction will provide an increased margin of safety and reduce potential liability to the Del Rosa Little League and the City. (27) Council Member Marks made a motion, seconded by Council Mem- ber Strickler, that an expenditure of Seventh Ward Park Extension Funds (Account No. 41-460-697) in the amount of $2,300 be authorized for installation of fencing 80 feet by 22 feet at first base side of the back stop at Del Rosa Little League Field. The motion carried by the following vote: Ayes: Members Castaneda, Reilly, Hernandez, Marks, Frazier, Noes: None. Absent: Council Member Quiel. Council Strickler. PARKING REQUIREMENTS IN THE PARKING DISTRICT In a memorandum dated November 16, 1983, Ralph H. prince, City Attorney, explained parking requirements in the Parking Dis- trict. He stated that Section 19.56.210 of the San Bernardino Municipal Code provides that building structures constructed prior to February 26. 1979, "shall be governed by the parking space and nonconforming regulations, if any, in effect at the time of their construction", instead of the current Code re- quirements. (28) Mr. Prince further stated that exempting existing structures indefinitely from compliance with parking regulations is not re- quired by law, although our City Code may have that effect. Con- tinuance of nonconforming uses indefinitely can be regarded as against public policy. He also stated that parking regulations which impinge on vested property rights must provide alternatives to destruction of structures which have useful life and economic value. Mr. Prince stated that a review of the law indicates that Section 19.56.210 could be amended to provide for the same period of nonconforming status as applies to other buildings. He also suggested that other sections of the Municipal Code could be amended to provide that any vacant building in the Parking District in excess of a specified period can be required to meet the parking space requirement in effect at the time of reoccupancy. Mayor Holcomb explained why this matter was on the agenda relating to the Gas Company relocation. He urged the Council to put a sunset clause in the grandfathering provision within the Parking District regulations so that when a company like the Gas Company relocates, they will be subject to parking requirements. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. - 13 - 12/19/83 Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that this matter be referred to the Legislative Review Committee for the purpose of holding a Public Hearing, that property owners within the parking District be notified of the Hearing, and that different parking requirements for the downtown area, as opposed to the surrounding areas, be considered. TWO LITTLE LEAGUE FIELDS AT PATTON PARK - IMPROVEMENTS - PLAN NO. 6400 - CONTINUED FROM EARLIER IN THE MEETING In a memorandum dated December 9, 1983, Roger Hardgrave, Director of Public Works/City Engineer, recommended approval of plans for construction of improvements to two Little League fields at Patton Park, at an estimated project cost of $176,400. (19) Annie Ramos, Director of Parks, Recreation, and Community Service~ stated that funds for this project were available in the current 1983-1984 budget. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that the plans for im- provements to the two Little League fields at Patton Park, in accordance with Plan No. 6400, be approved; and the Director of Public Works/City Engineer authorized to advertise for bids. GUADALUPE FIELD - IMPROVEMENTS - PLAN NO. 6341 In a memorandum dated December 9, 1983, Roger Hardgrave, Director of Public Works/City Engineer, recommended approval of plans for construction of improvements to Guadalupe Field, in accordance with Plan No. 6341. The estimated cost of the total project is $135,000. Mr. Hardgrave also recommended that author- ization be granted to advertise for bids. (20) Annie Ramos, Director of Parks, Recreation, and Community Services, stated that funds for this project were available in the current 1983-1984 budget. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that the plans for improvements to Guadalupe Field, in accordance with plan No. 6341, be approved, and the Director of Public Works/City Engineer authorized to advertise for bids. STREET IMPROVEMENTS - ADJACENT TO 670 TERRACE ROAD - BY CITY FORCES - PLAN NO. 6408 In a memorandum dated December 13, 1983, Roger Director of Public Works/City Engineer, recommended tion of curb and gutter and paving, adjacent to 670 by City forces, in accordance with plan No. 6408. Hardgrave, the installa- Terrace Road (21) Mr. Hardgrave further stated that a previous contract was awarded to AAA Paving Company to install curb and gutter on the west side of Terrace Road, between Sixth Street and Etiwanda Avenue, except adjacent to 656 and 670 Terrace Road. These lots were not included, since their owners declined to pay for the cost of materials. Improvements were later completed for the second lot under Change Order No. Two. The owner of the parcel known as 670 Terrace Road, has sub- mitted a check to cover the cost of materials, and has requested that improvements be installed in front of his lot. It would be advisable to have the improvements done by City forces, since the Contractor has completed all work in the contract. Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that authorization be granted for the installation of street improvements adjacent to 670 Terrace Road, in accordance with Plan No. 6408, by City forces, at a total net estimated cost of $2,737.41 from Account No. 42-510-459. - 14 - 12/19/83 POLICE DEPARTMENT - PROPOSED REORGANIZATION In a memorandum dated October 31, 1983, Benjamin Gonzales, Chief of Police, set forth the proposed reorganization of the Police Department. In his memorandum, "Mr. Gonzales indicated several programs which have been implemented for improved effici- ency, upgraded service and reduced costs. These include: (29) 1. In-house controls have been strengthened. 2. An effective Crime Prevention Unit has been implemented. A new alarm ordinance has also been enacted. 3. A C-CAP Grant for $489,000 was received for computer equipment for a Crime Analysis Unit. 4. Civilian personnel have been used, which has resulted in cost reductions, and minimized potential liability. 5. Volunteers are being used in "reserve report car" and Neighborhood Watch programs. 6. The use of team policing, coupled with an on-site police community service officer is a new strategy. Mr. Gonzales further stated he is recommending a change in the organizational structure, with the declassification of the position of Assistant Chief. Mr. Gonzales also referred to the Hughes-Heiss Report in which it was recommended that one of the four command positions remain unfilled or deleted. Up to this date, he has kept Assis- tant Chief's position vacant, but now recommends the declassifi- cation and filling of that position. The Chief of Police presented and explained his report and further explained the need for an Assistant Chief of Police. City Administrator Matzer stated that he supported the re- organization. The Mayor and Common Council discussed a report filed by the Police Commission entitled "Study and Recommendations of Increased Police Services". Council Member Reilly made a motion, seconded by Council Mem- ber Quiel, to support the reorganization as presented by the Chief of Police. Mayor Holcomb also spoke in favor of the reorganization. The Chief of Police answered questions regarding the crime problems in the City of San Bernardino and the proposed Community Oriented policing Program. He pointed out that the Polioe Com- mission Report is not inconsistent with his recommendation. The Mayor and Common Council discussed the reorganization at length. Council Member Marks made a substitute motion, seconded by Council Member Frazier, that the Council receive the proposed re- organization presented by Chief Gonzales, the ideas on the Com- munity Oriented Policing Program and officially receive the Police Commission Study on enhanced police services here for San Bernar- dino, that the Council form an ad hoc committee consisting of three council members to study all three reports and any other relevant report, and report back to this Council within 45 days on recommendations leading to the enhancement of police services within the City of San Bernardino and a funding mechanism to implement such recommendations. - 15 - 12/19/83 After discussion, the motion carried by the following vote: Ayes: Council Members Castaneda, Hernandez, Marks, Frazier. Noes: Council Members Reilly, Quiel, Strickler. Absent: None. Mayor Holcomb vetoed the motion as being improper at this time. Council Member Marks appealed the ruling of the chair. City Attorney Prince answered questions on the Charter provi- sions on the veto power of the Mayor. Mayor Holcomb explained his reasons for his veto. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez, that this item be continued for a period of 45 days at which time an ad hoc committee of the City Council would be formed to review this matter and report back to the City Council within 45 days. The motion carried by the following vote: Ayes: Members Castaneda, Hernandez, Marks, Frazier. Noes: Members Reilly, Quiel, Strickler. Absent: None. Council Council Mayor Holcomb vetoed the motion as being a redundancy of the prior motion. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez, that this item be continued for 45 days, be referred to the Ways and Means Committee of the City Council, whereupon said committee will report back to the Council within 45 days on a recommendation. The motion carried by the following vote: Members Castaneda, Hernandez, Marks, Frazier. bers Reilly, Quiel, Strickler. Absent: None. Ayes: Noes: Council Council Mem- Mayor Holcomb vetoed the motion as being redundant. City Attorney Prince answered questions regarding the Mayor's veto power. Council Member Reilly made a motion, seconded by Council Member Quiel, to support the reorganization of the Police Depart- ment as presented by Chief Gonzales. The motion failed by the following vote: bers Reilly, Quiel, Strickler. Noes: Council Hernandez, Marks, Frazier. Absent: None. Ayes: Council Mem- Members Castaneda, COMMUNITY ORIENTED POLICING PROGRAM In a memorandum dated December IS, 1983, Mayor Holcomb recom- mended the approval of a Community-Oriented Policing Program and that the Chief of Police be authorized to develop a detailed im- plementation plan and timetable. He indicated in his memorandum several cities that have similar programs which are very success- ful. A copy of the proposed program entitled "San Bernardino Police Department Community Oriented policing Preliminary proposal" was attached to his memorandum. (30) Council Member Marks made a motion, seconded by Council Mem- ber Frazier and unanimously carried, that this item be continued for a period of 45 days, that an ad hoc committee of three Council Members be formed to examine the issues raised as the Community Oriented pOlicing Program, as well as the recommendations of the Police Commission on enhanced police standards, and that the com- mittee shall report back to the Council within 45 days on a pro- posed program for enhancing police services within the City of San Bernardino and a financing plan for implementation. - 16 - 12/19/83 Mayor Holcomb urged the Council to continue the matter for only two weeks instead of 45 days. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that Council Members Reilly, Marks and Frazier be appointed to the Police Ad Hoc Study Committee. REQUEST TO DISCUSS HIGH RENT INCREASES - SEQUOIA MOBILE HOME PARK - HAROLD SPENCER In a letter dated December 12, 1983, Harold Spencer requested permission to discuss high rent increases at Sequoia Mobile Home Park. (31) Mr. Spencer reported on the rent increases at Sequoia Mobile Home park, and urged the implementation of a rent moratorium. Others speaking in favor of a rent moratorium included Mr. Ira Bracken, Mr. Eby and Mr. Art Ferren. Mayor Holcomb recommended that this matter be investigated by Inland Mediation Services, which is on contract with the City, to review problems between tenants and mobile home park owners. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that the matter be continued for a period of two weeks and Inland Mediation Service be requested to review the rent issue and report back to the Council within two weeks. City Attorney Prince explained the requirement of the Ber- kenfield case to find the existence of certain facts pertainIng to housing before instituting a rent moratorium. John Tindall, an attorney representing mobile home tenants, spoke regarding the Berkenfield case. Mayor Holcomb spoke in favor of the two week continuance and also suggested that the City Attorney go ahead with the prepara- tion of an emergency ordinance that could be adopted at the next meeting if the facts so warrant. Council Member Marks made a substitute motion, seconded by Council Member Hernandez, that the City Attorney be directed to prepare a rent moratorium ordinance; that the ordinance include provisions whereby the moratorium would have a retroactive effect to July 1, 1983, that the Council ad hoc committee on the mobile home rent issue meet between now and the next Council meeting to gather updated information and facts relevant to the support of a rent moratorium in San Bernardino for mobile home parks and that the City Attorney have that preparation for consideration at the next Council Meeting. The motion carried by the following vote: Ayes: Council Members Castaneda, Hernandez, Marks, Frazier, Strickler. Noes: Council Members Reilly, Quiel. Absent: None. The Mayor suggested that the mobile home park rent matter be discussed at a meeting other than the regular meeting on the 9th of January, 1984. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the matter on the mobile home park rents be discussed at an Adjourned Regular Council Meeting to be held Friday, January 13, 1984, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. - 17 - 12/19/83 COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission- Redevelopment Agency was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Ber- nardino, California. The Redevelopment Agency and the Community Development Com- mission acted upon their agenda items. WAIVE READINGS - REDEVELOPMENT AGENCY RESOLUTIONS The City Clerk read the title of all the resolutions on the Redevelopment Agency agenda. Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that further reading of all the resolutions on the Redevelopment Agency agenda be waived. COUNCIL MEMBERS HERNANDEZ AND FRAZIER RETURNED Council Members Hernandez and Frazier returned to the Council Meeting and took their place at the Council Table. RES. 83-446 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING AN APPLICATION FOR INDUSTRIAL DE- VELOPMENT BOND FINANCING; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS; AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. (San Bernardino Community Hospital, 1500 West 17th Street) (R2) Mayor Holcomb answered questions stating that there will be no acquisition of property as a result of this application. Council Member Marks made a motion, seconded by Council Mem- ber Castaneda, that said resolution be adopted. Resolution No. 83-446 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier was excused from the Council Meeting. RES. 83-447 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO APPROVING AN APPLICATION FOR INDUSTRIAL DE- VELOPMENT BOND FINANCING; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS; AND MAKING CERTAIN OTHER FIND- INGS AND DETERMINATIONS IN CONNECTION THEREWITH. (Belco Development and Associates, northwest corner of intersection of MacKay Drive and South "E" Street) (R3) Council Member Reilly stated that he would abstain from voting on this resolution due to a potential client relationship. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda, that said resolution be adopted. Resolution No. 83-447 was adopted by the following vote: Ayes: Council Members Castaneda, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. Abstain: Council Member Reilly. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meeting and took his place at the Council Table. - 18 - 12/19/83 RES. 83-448 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN APPLICATION FOR INDUSTRIAL DEVELOPMENT BOND FINANC- ING; DIRECTING THE PREPARATION OF CERTAIN DOCUMENTS; AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. (The Central City Group) (Fourth & "E" Street, CCN) (R4) Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda, that said resolution be adopted. Resolution No. 83-448 was adqpted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-449 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING ITS ELECTION TO HAVE THE $10,000,000 LIMITATION OF SEC- TION 103(b) (6) (D) OF THE INTERNAL REVENUE CODE OF 1954, AS AMENDED, APPLIED TO THE ISSUANCE OF AN IN- DUSTRIAL DEVELOPMENT REVENUE NOTE ISSUED BY THE CITY PURSUANT TO AN APPLICATION THEREFOR FILED BY METRO- POLITAN AUTOMOTIVE WAREHOUSE, A CALIFORNIA CORPORA- TION, AND DIRECTING THAT A STATEMENT OF SUCH ELEC- TION BE FILED WITH THE DISTRICT DIRECTOR OF THE INTERNAL REVENUE FORTHWITH. (Metropolitan Automo- tive Warehouse Project, west of Tennis Court Lane) (R5a) Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda, that said resolution be adopted. Resolution No. 83-449 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-450 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CERTAIN TRUST INDENTURE WHICH CREATES A TRUST ESTATE AND MAKES CERTAIN PROVISIONS THEREFOR AND WHICH AUTHORIZES THE ISSUANCE OF ITS CITY OF SAN BERNARDINO, CALIFORNIA INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1983A (METROPOLITAN AUTOMOTIVE WAREHOUSE PROJECT), FOR THE PURPOSE OF PROVIDING FUNDS FOR THE ACQUISITION AND CONSTRUCTION OF SUCH PROJECT; APPROVING A CERTAIN LOAN AGREEMENT WITH THE SPENCER FAMILY TRUST, A CALIFORNIA INTER VIVOS TRUST; APPROVING A BOND PURCHASE AGREEMENT AND AUTHORIZING ITS EXECUTION; AUTHORIZING SUCH FURTHER ACTION AS MAY BE NECESSARY TO CONCLUDE THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS; AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. (Metro- politan Automotive Warehouse Project) (R5b) Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda, that said resolution be adopted. Resolution No. 83-450 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. - 19 - 12/19/83 RES. 83-451 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, INVESTMENT COMPANY, A CALIFORNIA LIMITED PARTNER- SHIP; AUTHORIZING THE ISSUANCE OF ITS CITY OF SAN BERNARDINO, CALIFORNIA, INDUSTRIAL DEVELOPMENT REVENUE BOND, SERIES 1983A (TRI-CITIES INVESTMENT COMPANY COMMERCE PLAZA PROJECT), FOR THE PURPOSE OF PROVIDING FUNDS FOR THE ACQUISITION AND CON- STRUCTION OF SUCH PROJECT; APPROVING AN ASSIGNMENT OF LOAN AGREEMENT AND A FINANCING STATEMENT AND AUTHORIZING THEIR EXECUTION; AUTHORIZING SUCH FURTHER ACTION AS MAY BE NECESSARY TO CONCLUDE THE ISSUANCE, SALE AND DELIVERY OF SUCH BOND, AND MAK- ING CERTAIN FINDINGS AND DETERMINATIONS IN CONNEC- TION THEREWITH. (155 Hospitality Lane, SEIP) (R6) Council Member Marks made a motion, seconded by Council Mem- ber Castaneda, that said resoldtion be adopted. Resolution No. 83-451 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-452 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FINDING THAT AN APPLICATION FOR INDUSTRIAL DEVELOPMENT BOND FI- NANCING HAS BEEN SUBMITTED PURSUANT TO THE PROVI- SIONS OF ORDINANCE NO. 3815 OF THE CITY FOR A CER- TAIN PROJECT, FINDING THAT SAID APPLICATION COM- PLIES WITH THE PROVISIONS AND REQUIREMENTS OF SAID ORDINANCE NO. 3815; APPROVING SAID APPLICATION AND THE PROJECT TO WHICH IT REFERS; DIRECTING THE PREP- ARATION OF A PROJECT AGREEMENT, A RESOLUTION OF IS- SUANCE AND SUCH OTHER LEGAL DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT SAID PROJECT AND PROVIDE FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS THEREFOR; AND MAKING CERTAIN OTHER FINDINGS AND DE- TERMINATIONS IN CONNECTION THEREWITH. (Gate City Beverage Distributors, 2505 Steele Road) (R7) Council Member Marks made a motion, seconded by Council Mem- ber Castaneda, that said resolution be adopted. Resolution No. 83-452 was adopted by the following vote: Ayes: Council Members Castaneda, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Reilly. RES. 83-453 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FINDING THAT AN APPLICATION FOR INDUSTRIAL DEVELOPMENT BOND FI- NANCING HAS BEEN SUBMITTED PURSUANT TO THE PROVI- SIONS OF ORDINANCE NO. 3815 OF THE CITY FOR A CER- TAIN PROJECT, FINDING THAT SAID APPLICATION COM- PLIES WITH THE PROVISIONS AND REQUIREMENTS OF SAID ORDINANCE No. 3815; APPROVING SAID APPLICATION AND THE PROJECT AGREEMENT, A RESOLUTION OF ISSUANCE AND SUCH OTHER LEGAL DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT SAID PROJECT AND PROVIDE FOR THE ISSUANCE FOR INDUSTRIAL DEVELOPMENT REVENUE BONDS THEREFOR; AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. (R.A.S. Properties, Inc., on Shanandoah Way) (R8) Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda, that said resolution be adopted. Resolution No. 83-453 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. - 20 - 12/19/83 RES. 83-454 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CERTAIN TRUST INDENTU~ WHICH CREATES A TRUST ESTATE AND MAKES CERTAIN PROVISIONS THEREFOR AND WHICH AUTHORIZES THE ISSUANCE OF ITS CITY OF SAN BERNARDINO, CALIFORNIA, INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1983A (COORS OF SAN BERNARDINO PROJECT), FOR THE PURPOSE OF PROVIDING FUNDS FOR THE ACQUISITION AND CONSTRUCTION OF SUCH PROJECT; APPROV- ING A CERTAIN LOAN AGREEMENT WITH COORS OF SAN BERNAR- DINO, INC., A CALIFORNIA CORPORATION; APPROVING A BOND PURCHASE AGREEMENT AND AUTHORIZING ITS EXECUTION; AUTHORIZING SUCH FURTHER ACTION AS MAY BE NECESSARY TO CONCLUDE THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS; AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CON- NECTION THEREWITH. (223 South "G" Street, CCS) (R9) Council Member Quiel made a motion, seconded by Coun~il Mem- ber Castaneda, that said resolution be adopted. Resolution No. 83-454 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. PUBLIC HEARING - INDUSTRIAL DEVELOPMENT BOND FINANCING - BAI/MEDICAL EQUITIES Council Member Marks made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the public hearing to consider financing for industrial development bonds for the BAI/ Medical Equities project located on the St. Bernardine Hospital Campus, be continued to Monday, March 19, 1984, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (R10) PUBLIC HEARING - INDUSTRIAL DEVELOPMENT BOND FINANCING - VARIOUS DEVELOPERS Council Member Marks made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the public hearings on industrial development bond financing for various developers be continued to Monday, January 9, 1984, at 11:00 a.m., in the Redevelopment Agency Conference Room, 300 North "D" Street, San Bernardino, California. (Rll) CENTER FOR INDIVIDUALS WITH DISABILITIES IMPROVEMENTS - MAVERIC CONSTRUCTION COMPANY In a memorandum dated December 9, 1983, Roger Hardgrave, Director of Public Works/City Engineer recommended to Glenda Saul, Acting Executive Director of the Redevelopment Agency, that Change Order No. Two to the contract with Maveric Construc- tion Company for improvements to the Center for Individuals with Disabilities, be approved. The change order will authorize pay- ment for Bid Item No. Two. (R12) Council Member Marks made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that Change Order No. Two to the contract with Maveric Construction Company for installa- tion of improvements to the Center for Individuals with Disabilities in accordance with Plan No. 6329, be approved; to revise the method of payment for Bid Item No.2, Portland Cement Concrete, from unit price to a lump sum amount of $11,115.00, at no change in the contract price. SET PUBLIC HEARING - PURCHASE OF PROPERTY - KENDALL DRIVE AND STATE COLLEGE PARKWAY - HARWOOD INVESTMENT COMPANY, DANIEL S. EVANS AND ASSOCIATES, AND WESTERN COMMUNITIES ASSOCIATES Council Member Marks made a motion, seconded by Council Mem- ber Quiel, that a joint public hearing be set for Monday, January 9, 1984, to consider the sale of agency owned property to Harwood Investment Company, Daniel S. Evans and Associates, and Western Communities Associates. (R15b) _ 21 - 12/19/83 The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quie1, Frazier. Noes: None. Absent: None. Abstain: Council Member Strickler. INDUSTRIAL DEVELOPMENT BONDS - RIO BERNARD LTD. - PRIME-LINE PRODUCTS PROJECT Council Member Quie1 made a motion, seconded by Council Mem- ber Frazier and unanimously carried, that the following resolutions pertaining to industrial development bond financing be taken up as new business items. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez was excused from the Council Meeting. RES. 83-455 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL AMENDING CERTAIN "OFFICIAL ACTION" RESO- LUTIONS. (RIO BERNARD LTD.) (Northeast corner of South "E" Street and MacKay Court) (R23) Council Member Quie1 made a motion, seconded by Council Mem- ber Frazier, that said resolution be adopted. Resolution No. 83-455 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quie1, Frazier, Strickler. Noes: None. Absent: Council Member Hernandez. RES. 83-456 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, RESCINDING THE CITY'S $10,000,000 ELECTION IN REGARDS TO ITS "CITY OF SAN BERNARDINO, INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1983A (PRIME-LINE PRODUCTS PROJECT); AMENDING A CERTAIN RESOLUTION FOR THE PURPOSE OF SUBSTITUTING A NEW TRUSTEE, BEING GOLDEN STATE SANWA BANK OR SOME OTHER SUITABLE TRUSTEE; AMENDING A CERTAIN RESOLUTION FOR THE PURPOSE OF SUBSTITUTING A NEW PURCHASER, BEING GOLDEN STATE SANWA BANK; AMENDING A CERTAIN RESOLUTION FOR THE PURPOSE OF SUBSTITUTING A NEW BORROWER, BEING THE HAUBER FAMILY TRUST; AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. (Prime- Line Products Project) (State College Business Park) (R24) Council Member Quie1 made a motion, seconded by Council Mem- ber Frazier, that said resolution be adopted. Resolution No. 83-45n was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quie1, Frazier, Strickler. Noes: None. Absent: Council Member Hernandez. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. STATE OF CALIFORNIA MOBILE HOME PARK ACT - SPA MOBILE HOME PARK - 494 SOUTH MACY STREET In a memorandum dated December 13, 1983, Council Member Hernandez requested that the Mayor and Council enforce the State of California Mobile Home Park Act due to the numerous complaints involving the Spa Mobile Home Park. (32) Attorney John Tindall was present to explain the request stating that the City of San Bernardino is collecting the operat- ing fees for the State of California but the City is not enforcing the State Mobile Home Park Act. - 22 - 12/19/83 Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, to direct the Department of Building and Safety to enforce the laws and conditions as they apply to the act and that a progress report be submitted at the first meeting in January (January 9,1984). RECESS MEETING At 12:15 p.m., the meeting recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, california. RECONVENE MEETING At 2:04 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; Deputy City Attorney Fenton, City Clerk Clark, City Administrator Matzer. Absent: None. PERRIN ROAD EXTENSION - REQUEST FOR RECONSIDERATION - DEPOSIT - EMINENT DOMAIN PROCEEDINGS A letter dated December 12, 1983 was received from Ed Jacobsen requesting reconsideration of the amount of deposit re- quired by the Council to offset the cost of possible eminent domain proceedings regarding the extension of Perrin Road, be- tween Magnolia Avenue and Little League Drive. (33) Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the request to re- consider the amount of the deposit to be made in conjunction with possible eminent domain proceedings on the extension of Perrin Road be granted; that the deposit be reduced to $5,000 as recom- mended by the City Engineer and City Attorney subject to a con- tract to guarantee any additional amounts that might be necessary. LIBRARY BUDGET TRANSFER - BOARD OF TRUSTEES MEETINGS AND CONFERENCE EXPENSE In a memorandum dated December 9, 1983, Larry Harvey, Presi- dent of the Library Board of Trustees, requested an increase in the Library's Meetings and Conference budget by $1,250 in order to allow the City Librarian to attend the Midwinter Conference of the American Librarian Association in Washington, D.C. in January, 1984. (34) COUNCIL MEMBER STRICKLER EXCUSED Council Member Strickler was excused from the Council Meeting. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the Library Budget be amended to permit the City Librarian's attendance at the Mid- winter Conference of the American Library Association in Washing- ton, D. C., January 8-11, 1984, and that the amount of $1,250 be transferred from the Operating Contingency Fund, Account No. 49-008-004 to Account No. 05-910-183 (Library-Meetings and Con- ference Expense) . COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler 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. - 23 - 12/19/83 Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of all the resolutions on the agenda be waived. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6429 ENTITLED IN PART "A RESOLUTION. ESTABLISHING A BASIC COMPENSATION PLAN FOR OFFICERS AND/OR EMPLOYEES OF THE POLICE AND FIRE DEPARTMENTS OF THE CITY OF SAN BERNARDINO." (Continued from December 5, 1983) (36) The Council agreed that this resolution should be discussed in Closed Session. No official action was taken. RES. 83-457 - A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 34 OF LOCAL AGENCY FEDERAL-AID SAFETY IMPROVEMENT PROJECTS, BE- TWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION. (Traffic signal modification at Mt. Vernon Avenue and Base Line, Mt. Vernon Avenue and Second Street, Fortieth Street and Sierra Way, Sixth and "G" Streets, and Highland and Valencia Avenues) (38) Council Member Hernandez made a motion, seconded by Council Member Castaneda, that said resolution be adopted. Resolution No. 83-457 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-458 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO PURCHASE TAX-DEEDED LAND FROM THE COUNTY OF SAN BER- NARDINO (PARCEL NO. 280-251-20). (39) Council Member Hernandez made a motion, seconded by Council Member Castaneda, that said resolution be adopted. Resolution No. 83-458 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that the payment of $4,550.00, for purchase of Parcel No. 280-251-20, east of Tippe- canoe Avenue, between San Bernardino Avenue and the Santa Ana River, be authorized from Account No. 42-510-471, "Tippecanoe - Mill to I-lO". RES. 83-459 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO ESTABLISHING REVISED PROCEDURAL RULES AND REG- ULATIONS FOR ACCESS TO PUBLIC RECORDS UNDER THE CALIFORNIA PUBLIC RECORDS ACT; REQUIRING THE PAY- MENT OF FEES FOR COPIES AND CERTIFICATION OF PUBLIC RECORDS; AND REPEALING RESOLUTION NOS. 10384 AND 12319. (Continued from December 5, 1983) (37) The Mayor and Common Council discussed public records policy and the $2.00 charge for certifications. The City Clerk answered questions regarding the use of cer- tified documents for court purposes. The Mayor and Common Council discussed appeal rights for those who are denied access to public documents. - 24 - 12/19/83 Council Member Quiel made a motion, seconded by Council Mem- ber Reilly, that the resolution be amended by interdelineation to include a provision that the Department Head shall be required to give notice of the appeal rights to the person requesting a public document if the document is denied, and that said resolution be adopted as amended. Resolution No. 83-459 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: Council Member Marks. Absent: None. RES. 83-460 - 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. . ."; AUTHORIZING THE INSTALLATION OF STOP SIGNS ON ARROWHEAD AVENUE AT "D" STREET, AND ON "D" STREET FOR NORTHBOUND TRAFFIC ENTERING ARROWHEAD AVENUE; AND REMOVING SIGNALIZED INTERSECTIONS AS INTERSECTIONS AT WHICH TRAFFIC MUST STOP. (41) Council Member Strickler made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 83-460 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-461 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 655 ENTITLED IN PART "A RESOLUTION. . .DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS. . ."; AND PROVIDING THAT ARROWHEAD AVENUE IS A THROUGH HIGH- WAY ONLY FROM ORANGE SHOW ROAD TO MARSHALL BOULE- VARD. (42) Council Member Strickler made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 83-461 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-462 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 82-99 ENTITLED IN PART "RESOLUTION. . .AMENDING CONFLICT OF INTEREST CODES . . ."; AND AMENDING APPENDICES A AND B TO REFLECT THE CONSOLIDATION OF THE PARK AND RECREATION DEPART- MENT AND THE HUMAN SERVICES DEPARTMENT INTO THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT; TO REFLECT THE REORGANIZATION OF THE PUBLIC SERVICES DIVISION; TO REFLECT THE CHANGE OF NAME OF CETA TO SBETA; TO ELIMINATE THE ELECTRICAL DIVISION; AND TO INCLUDE THE FINE ARTS COMMISSION. (44) Council Member Strickler made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 83-462 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-463 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO REOPENING THAT PORTION OF ARROWHEAD AVENUE BE- TWEEN KENDALL DRIVE AND A POINT FORTY FEET EAST OF "E" STREET; AND REPEALING RESOLUTION NO. 83-360. (40) - 25 - 12/19/83 ... At the Council Meeting of December 5, 1983, the installation of a three way stop at the intersection of Arrowhead Avenue and "D" Street was authorized and the removal of the barricades at Kendall Drive and Arrowhead Avenue was ordered when the three way stop is installed. Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the resolution be amended by interdelineation to include the new design of the street where Arrowhead Avenue meets "D" Street where the corner has been squared off, and that said resolution be adopted as amended. Resolution No. 83-463 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-464 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO ADOPTING AMENDMENT NO. 83-2 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO (GENERAL PLAN LAND USE ELEMENT). (50 acres bounded by Mill Street on the north, "J" Street on the west, Grant Avenue on the south and Interstate 215 on the east) (43) Council Member Hernandez made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 83-464 was adopted by the following vote: Ayes: Council Members Castaneda, Hernandez, Marks, Frazier, Strickler. Noes: Council Members Reilly, Quiel. Absent: None. RES. 83-465 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SOUTHERN CALIFORNIA GAS COMPANY RELATING TO REFUND- ING CERTAIN UTILITY USER TAXES. (46) Council Member Marks made a motion, seconded by Council Mem- ber Hernandez, that said resolution be adopted. Resolution No. 83-465 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-466 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PRIVATE MEDICAL-CARE, INC., RELATING TO AN OPTICAL PLAN FOR EMPLOYEES AND DEPENDENTS. (48) Council Member Marks made a motion, seconded by Council Mem- ber Hernandez, that said resolution be adopted. Resolution No. 83-466 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 83-467 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH KAISER FOUNDATION HEALTH PLAN, INC., RELATING TO A CHANGE IN RATES; EFFECTIVE JANUARY 1, 1984. (49) Council Member Marks made a motion, seconded by Council Mem- ber Hernandez, that said resolution be adopted. Resolution No. 83-467 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. - 26 - 12/19/83 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ARTHUR YOUNG AND COMPANY AND HUGHES-HEISS AND ASSOCIATES, AS JOINT VENTURERS, TO PERFORM A MANAGEMENT STUDY OF THE FIRE DEPARTMENT. (45) The Mayor and Common Council discussed the elements of the agreement and the Deputy Chief position. Mayor Holcomb urged the Council to authorize negotiation of a final contract with the understanding that any item the Council feels is improper will be taken out of the contract. Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, to authorize the negotia- tion of a final contract with the understanding that any item that this Council feels is improper will be taken out of the con- tract and that the Ways and Means Committee be directed to review the scope of this work with the staff and be prepared to make a recommendation at the next Council meeting. RES. 83-468 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT FOR THE FURNISHING AND DE- LIVERING OF ONE ARTICULATED WHEEL LOADER IN ACCOR- DANCE WITH SPECIFICATION NO. F-83-22. (Whitney Machinery, Inc.) (47) Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the resolution be amended to include the following findings of fact and that said resolution be adopted as amended: a. Operator station located on bucket linkage - specification called for entire cab assembly to be mounted on rear power unit. with cab mounted on bucket linkage it is difficult to maintain safe control due to unknown position of rear power unit. b. Dump height 9'2" - a minimum of 9'4" specified. c. Bucket width 94~" - a minimum of 96" specified. d. Digging depth 3.3" - a minimum of 4" specified. e. Hydraulic pump capacity - 48 GPM - specification calls for no less than 49 GPM Resolution No. 83-468 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. WAIVE READINGS - ORDINANCES The City Clerk read the title of all the ordinances on the agenda. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that the first and final readings of all the ordinances on the agenda be waived. 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. 83-19, AN IRREGULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 5.02 ACRES LOCATED AT THE NORTHEAST CORNER OF 40TH STREET AND NORTH MOUN- TAIN VIEW AVENUE). (50) - 27 - 12/19/83 Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZON- ING MAP, WHICH IS INCORPORATED BY REFERENCE IN SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 83-22, LOCATED ON THE EAST SIDE OF TIPPECANOE AVENUE APPROXIMATELY 520 FEET SOUTH OF BASE LINE STREET). FIRST (51) Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZON- ING MAP, WHICH IS INCORPORATED BY REFERENCE IN SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 83-23, AN IRREGULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 1.39 ACRES HAV- ING A FRONTAGE OF APPROXIMATELY 270 FEET ON THE SOUTH SIDE OF MILL STREET AND BEING LOCATED APPROXI- MATELY 985 FEET EAST OF THE CENTER LINE OF GIFFORD STREET). FIRST (52) Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZON- ING MAP, WHICH IS INCORPORATED BY REFERENCE IN SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 83-24, LOCATED ON THE EAST SIDE OF WATERMAN AVENUE APPROXIMATELY 800 FEET NORTH OF THE CENTER LINE OF MILL STREET) . FIRST (53) Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION B OF SECTION 13.08.055 OF THE SAN BER- NARDINO MUNICIPAL CODE TO EXEMPT FROM PAYMENT OF CONNECTION FEES THOSE DWELLINGS CONSTRUCTED ON LOTS FOR WHICH SUCH FEES WERE COLLECTED AT THE TIME OF CONSTRUCTION OF A PREVIOUS DWELLING, AND PRO RATING FEES FOR ADDITIONAL BEDROOMS. FIRST (54) Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SEC- TION 3.44.170 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR REVIEW OF TAX UPON SERVICE CHARGE INCREASE. (Continued from December 5, 1983) FIRST (54a) Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that said ordinance be laid over for final passage. ORD. MC-326 - ORDINANCE AMENDING SECTIONS 3.56.060 AND 3.56.090 OF THE SAN BERNARDINO MUNICIPAL CODE IMPOSING A SALES AND USE TAX TO BE ADMINISTERED EFFECTIVE UPON ADOPTION BY THE STATE BOARD OF EQUALIZATION, AND DECLARING THE URGENCY THEREOF. - 28 - 12/19/83 FINAL (55) Council Member Marks made a motion, seconded by Council Mem- ber Strickler, that said ordinance be adopted. Ordinance MC-326 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ORD. MC-327 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO MUNICIPAL CODE SECTION 8.01.010 TO ADOPT BY REFERENCE THAT CERTAIN CODE KNOWN AS TITLE III OF THE SAN BERNARDINO COUNTY CODE AND THE WHOLE THERE- OF AS CURRENTLY EXISTING, INCLUDING TITLE III, DIVISION 8, CHAPTERS 1 THROUGH 11 INCLUSIVE THEREOF, PERTAINING TO UNDERGROUND STORAGE OF HAZARDOUS SUB- STANCES, EFFECTIVE IMMEDIATELY, AND DECLARING THE URGENCY THEREOF. The City Administrator answered questions. FINAL (56) Council Member Marks made a motion, seconded by Council Mem- ber Quiel, that said ordinance be adopted. Ordinance MC-327 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, to refer the general subject of storage of hazardous substances to the Legislative Review Com- mittee. ORD. MC-328 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 5.04.355 TO EXCLUDE REFERENCE TO HYPNOTISM AS A PROHIBITED ACTIVITY. FINAL (58) Council Member Strickler made a motion, seconded by Council Member Hernandez, that said ordinance be adopted. Ordinance MC-328 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ORD. MC-329 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REF- ERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 83-20, A RECTANGULARLY- SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 0.85 ACRE, HAVING A FRONTAGE OF APPROXIMATELY 375 FEET ON THE NORTH SIDE OF COLTON AVENUE AND BEING LOCATED APPROXIMATELY 695 FEET SOUTH OF THE INTER- SECTING CENTERLINE OF HILLCREST AVENUE AND COLTON AVENUE) . FINAL (59) Council Member Strickler made a motion, seconded by Council Member Marks, that said ordinance be adopted. Ordinance MC-329 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ORD. MC-330 - ORDINANCE OF THE CITY OF SAN BERNAR- FINAL DINO AMENDING SUBSECTIONS A AND D OF SECTION 3.44.140 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE A REFUND PROCEDURE FOR SERVICE USERS LIVING IN MOBILE HOME PARKS WHICH HAVE MASTER METERS FOR UTILITIES. (60) - 29 - 12/19/83 council Member Strickler made a motion, seconded by Council Member Marks, that said ordinance be adopted. Ordinance MC-330 was adopted Council Members Castaneda, Reilly, Frazier, Strickler. Noes: None. by the following vote: Ayes: Hernandez, Marks, Quiel, Absent: None. GENERAL REPORTS AND CORRESPONDENCE Council Member Strickler made a motion, seconded by Member Marks and unanimously carried, that the following be filed: Council items (61) a. Civil Service Eligibility lists for: Program Coordinator - Open Custodial Aide I - Open Fire Equipment Shop Foreman - Open & Promotional Animal Health Aide - Open Coach Operator - Open Traffic Engineer - Open Police Officer - Open b. Letter from Michael Franchetti, Director of Finance, Sacramento, California, relating to Local Government Funding, FY 1983-84. c. Application No. 83-12-02 before the Public utilities Commission by Southern California Edison Company for authority to increase its conservation/load management adjustment billing factor; to make certain changes to its base rates and certain other rate levels to conform to the rate design criteria set forth in Deci- sion No. 82-12-055 of the California Public Utilities Code; to make certain changes to its conservation/load management adjustment clause tariff; and to review the reasonableness of Edison's expenditures reflected in the conser- vation/load management adjustment clause in 1983. d. Report on Municipal Water Department-City of San Bernardino - Water utility as of June 30, 1983. e. Inventory of the Water Department and Water Rec- lamation Plant as of June 30, 1983. f. Four alcoholic beverage control applications for the following new licenses: Reginos P. Sellas dba Queen's Restaurant No. 2 1734 and 1736 East Highland Avenue On Sale Beer & Wine Lillian L. Corriveau dba Soup Asylum 1471 North Water- On Sale man Avenue, Suites Beer & Wine III and 113 Frank Summage dba Penguin Club 1965 West Base Line On Sale Beer & Wine Charles E. and Shirley M. 801 West Highland Bowen dba Lacey's Coffee Avenue Shop On Sale Beer & Wine - 30 - 12/19/83 PROHIBITATION OF BARNYARD ANIMALS IN RESIDENTIAL DISTRICTS A memorandum dated December 14, 1983 was received from Coun- cil Member Hernandez stating that he has received numerous com- plaints from constituents in his ward concerning the keeping of barnyard animals in residential zones. He is requesting in his memorandum that the Planning Department and Animal Control Divi- sion prepare an ordinance which prohibits the keeping of barnyard animals and makes provisions for amortization of existing uses within the City. (Sl) The Mayor and Common Council discussed the effects that con- trol of barnyard animals would have on the Highland annexation. Council Member Hernandez explained that there is a problem in his ward and the Mayor offered to investigate. Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, to refer the restriction of barnyard animals in residential areas to the Mayor for a report back to the Councilman of the ward. HIGHLAND AREA PLAN - CITIZEN ADVISORY COMMITTEE In a memorandum dated December 14, 1983, Frank Schuma, Planning Director, requested that the Mayor and Council Members of the First, Second, Fourth and Seventh Wards select a citizen advisory committee that would function to identify relevant issues, select goals and objectives and review and select land use alternatives for recommendations to the Planning Commission regarding the development of the Highland area plan. (S2) Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the appointment of a citizen advisory committee for the Highland a.rea plan be continued to Monday, January 23, 1984, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER CASTANEDA EXCUSED Council Member Castaneda was excused from the Council Meet- ing. TRAFFIC ENGINEER AUTOMOBILE ALLOWANCE Roger Hardgrave, Director of Public Works/City Engineer, recommended in a memorandum dated December 15, 1983, that an automobile allowance of $200.00 per month for the position of Traffic Engineer be approved. (S3) Roger Hardgrave, Director of Public Works/City Engineer, explained the recommendation. Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the request for automobile allowance for the Traffic Engineer position be taken up in Closed Session. COUNCIL MEMBER CASTANEDA RETURNED Council Member Castaneda returned to the Council Meeting and took his place at the Council Table. NURSERY STOCK DISPOSITION John Matzer, City Administrator, recommended in a memorandum dated December 15, 1983 that the Purchasing Agent be authorized to negotiate the disposition of the remaining nursery stock as the public sale of nursery stock did not deplete the entire stock. (S4) Mayor Holcomb presented a proposal for the disposition of surplus nursery stock. He recommended that trees and shrubs be planted in City/County rights-of-way for the purpose of beautify- ing City boundaries. - 31 - 12/19/83 The Mayor and Common Council discussed the motion, the re- quest from Norton Air Force Base for surplus plants and trees, and instructions to the Park and Recreation Department to identify areas in the City for tree planting. Council Member Marks made a motion, seconded by Council Mem- ber Olliel and unanimously carried, that it be the first priority of the Park and Recreation Department in the disposition of these trees and shrubs to plant them within the City limits to the maximum extent possible and what is left over, the Mayor is autho- rized to utilize in a joint program with the County for planting in non-City streets, in the Highland area, and for utilization by Norton Air Force Base. WAIVE READINGS - RESOLUTIONS The City Clerk read the title of all the resolutions on the supplemental agenda. Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that further reading of all the resolutions on the supplemental agenda be waived. RES. 83-469 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO AGREEMENT WITH FLORIAN/MARTINEZ ASSOCIATES TO PROVIDE FOR ADDITIONAL COMPENSATION. (S5) City Administrator Matzer explained why this resolution has come back a second time. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda, that said resolution be adopted. Resolution No. 83-469 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier was excused from the Council Meeting. RES. 83-470 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH HUGHES, HEISS & ASSOCIATES TO ANALYZE THE POLICE DEPARTMENT'S APPROACH TO COMMUNITY AND PUBLIC RELATIONS. (S6) Council Member Castaneda made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 83-470 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. RECESS MEETING - CLOSED SESSION At 3:45 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino recessed for a Closed Session to discuss pending litigation. CLOSED SESSION The Closed Session of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; city Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. - 32 - 12/19/83 Also present were Glenda Saul, Acting Executive Director of the Redevelopment Agency, and Bill Flory, Agency Counsel. ADJOURN CLOSED SESSION At 7:45 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 7:45 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Frazier; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Members Quiel, Strickler. ADJOURN MEETING At 7:45 p.m., Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, that the meeting be adjourned. City ClerK: Approved the 9th of January, 1984. Mayor of the City of San Bernardino - 33 - 12/19/83