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HomeMy WebLinkAbout01-07-1985 Minutes '. -~ -. . ~ City of San Bernardino, California January 7, 1985 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 9:02 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Dan Harman, First Church of God. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Castaneda. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Member Strickler. APPOINTMENT - LIBRARY BOARD OF TRUSTEES - MARTINEZ Pursuant to a memorandum from Mayor Holcomb dated December 20, 1984, Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously car- ried, that the appointment of George Martinez, 4231 Per- shing, to the Board of Library Trustees be confirmed. APPOINTMENTS - EQUAL EMPLOYMENT OPPORTUNITY COMMISSION - ROUSE - WILSON Pursuant to a memorandum dated December 4, 1984, from Mayor Holcomb, Counci 1 Member Marks made a motion, seconded by Council Member Hernandez and unanimously car- ried, that the appointments of Charles Rouse, 664 West Ninth Street, and John Wilson, City Attorney's Office, to serve on the Equal Employment Opportunity Commission, be confirmed. APPROVE MINUTES - DECEMBER 3, 1984 Council Member Frazier made a motion, seconded by Council Member Marks 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 December, 1984, as submitted in typewritten form. (1) APPROVE MINUTES - DECEMBER 10, 1984 Council Member Frazier made a motion, seconded by Council Member Marks 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 lOth of Decem- ber, 1984, as submitted in typewritten form. (2) PERSONNEL ACTIONS Council Member Frazier made a motion, seconded by Council Member Marks 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 approved and ratified as fol- lows: (3) APPOINTMENT Animal Control Brenda K. Anderson - Senior Animal License Checker - Effective January 8, 1985 .. .. . . TEMPORARY APPOINTMENTS Police Department Arthur Molina - Crossing Guard - Effective January 8, 1985 TEMPORARY APPOINTMENTS/PART TIME Animal Control Animal License Checker - Effective January 8, 1985 - Kathy J. Burgett Richard Guerrero Carol J. Cohen Shelly L. Parr PROMOTIONAL APPOINTMENT Fire Department Fred C. Lakes - Fire Prevention Specialist - From Fire Prevention Technician to Fire Prevention Specialist - Effective January 8, 1985 LEAVE OF ABSENCE/EXTENSION Police Department Ramond C. Robles-Castro - Dispatcher II - From January 2, 1985 to January 7, 1985 - Effective January 2, 1985 TRANSFER Public Buildings Burnett Ross, Jr. - Parking Control Checker - From Community Relations Technician in Fire to Parking Control Checker in Public Buildings - Effective January 8, 1985 COUNCIL MEMBER STRICKLER ARRIVED At 9:05 a.m., Council Member Strickler arrived at the Council Meeting and took his place at the Council Table. APPEAL HEARING - PLANNING COMMISSION'S DECISION - TENTATIVE TRACT NOS. 12150 AND 12151 - NORTHWEST CORNER OF KENDALL DRIVE AND PINE AVENUE This is the time and place set to hear an appeal filed by Barbara J. Roberts on the Planning Commission's decision of approval of Tentative Tract Nos. 12150 and 12151 to permit a 318 unit planned residential development in the PRD-14U Planned Residential Development Zone at 14 units per acre on property located at the northwest corner of Kendall Drive and pine Avenue. (4) APPEAL HEARING - PLANNING COMMISSION'S DECISION - TENTATIVE TRACT NO. 10182 - SOUTH OF IRVINGTON AVENUE This is the time and place set to hear an appeal filed by Barbara J. Roberts on the Planning Commission's decision of approval of Tentative Tract No. 10182 to es- tablish a 60 unit Single Family Residential Zone and to adjust the lot lines between two parcels to conform with tract boundaries. (5) Barbara J. Roberts, 3766 Belmont Avenue, read her letter of appeal and explained her protests of the devel- opment which proposes to regrade and lower nearby hills to provide additional buildings sites. Frank A. Schuma, Planning Director, answered ques- tions, stating that the primary issue is that of drainage 2 1/7/85 of the specific area. Mr. Schuma explained how the storm drains are implemented by developers. ,c. Barbara J. Roberts stated that her main concerns were that of flooding, inadequate notification of proposed development to surrounding property owners and that devel- opment should not occur prior to completion of Verdemont Plan. Planning Director Schuma explained the notification process and stated that in this case notification was properly done according to law by mail and through legal notice in The Sun newspaper. Mr. Jamie White, President of Sunflower Properties, owner and applicant of the development, was present and spoke regarding drainage in this area. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to close the hearing, deny the appeal and uphold the decision of the Planning Commission (Item #4). . Council Member Quiel made a motion, seconded by Council Member Castaneda and unanimously carried, to close the hearing, deny the appeal and uphold the decision of the Planning Commission (Item #5). APPEAL - PLANNING COMMISSION'S DECISION - REVOCATION FOR CONDITIONAL USE PERMIT NO. 671 - SOUTHEAST CORNER OF 44TH STREET AND SIERRA WAY This is the time and place set to hear an appeal filed by Attorney E. Toby Bowler, representing Robert Sullivan, on the Planning Commission's decision of revoca- tion for Conditional Use Permit No. 671 which permitted an existing beer bar to add a dance and live entertainment on property located at the southeast corner of 44th Street and Sierra Way, known as Rumours Night Club. (6) Attorney E. Toby Bowler, representing the owner, Robert Sullivan, was present and stated he needed more time to obtain a transcript of the Planning Commission Meeting of December 4, 1984. . Frank process of ready. Schuma, Planning Director, explained the preparing a transcript and why it was not yet Counc i 1 Member Ma rk s made a mot i on, seconded by Council Member Castaneda and unanimously carried, that the appeal relative to Conditional Use Permit No. 671 be con- tinued to 7: 00 p.m., Monday, January 21, 1985 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. APPEAL - PLANNING COMMISSION'S DECISION - TENTATIVE TRACT NO. 12824 - CONDITIONAL USE PERMIT 84-53 - COLLEGE AVENUE AND VARSITY DRIVE This is the time and place set to hear an appeal filed by Mayor Holcomb on the Planning Commission's deci- sion of approval for Tentative Tract No. 12824 and Condi- tional Use Permit No. 84-53 to permit 508 unit apartment planned residential development in the PRD 14 u/ac zone. (7) . Mayor Holcomb explained the appeal which relates to his concern about density bonuses which are mandated by State Law, and in his opinion, should be municipal af- fairs. He referred to a City Attorney's opinion which stated that this particular case would have only a slight chance of winning in court. Mayor Holcomb also spoke of 3 1/7/85 . another important issue of establishing a policy that would set forth alternatives to granting density bonuses under State Law. Joy Kolstad, 1541 Indian Trail, spoke regarding den- sity bonuses and referred to Item 65917 of the State Plan- ning Law. She suggested that the City establish a mora- torium on density bonuses for future projects. City Attorney Prince answered questions relative to a moratorium in the City. He stated there is no basis to appeal this case as the State Legislature has the right to make State Law applicable to charter cities. A discussion ensued regarding density bonuses and affordable housing. Mayor Holcomb stated he wished to withdraw his appeal and proceed to find other alternatives to the problem of density bonuses. . Eugene Dougherty, stated he felt there was in the City. a resident of the Third Ward, not sufficient affordable housing Council Member Quiel made a motion, seconded by Council Member Strickler, to close the hearing and affirm the decision of the Planning Commission. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Quiel, Frazier, Strickler. Noes: Council Members Hernandez, Marks. Absent: None. City Attorney Prince answered questions relative to challenging State Law on density bonuses and repeated his opinion that there is no basis for such a challenge. Brad Briggs, Pacific Scene Development, asked about the definition of future development and spoke -of develop- ment his company is planning and density bonuses they would like. . Council Member Quiel made a motion, seconded by Council Member Castaneda and unanimously carried, to di- rect Planning staff to research and come back with alter- native financing incentives or any other incentives which may apply in lieu of density bonuses, and report back on Monday, January 21, 1985. City Attorney Prince stated it would be a mistake to use a specific case as a basis to challenge the State Law, but to challenge it on the basis of unconstitutionality. Mayor Holcomb stated a good specific case is needed to test the issue of density bonuses. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the Council go on record as a matter of public policy that they feel that the City is not pre-empted by State Law on the issue of density bonuses and if circumstances warrant it, the City will file suit on the issue of density bonuses. . City Attorney Prince answered questions relative to waiving of rights for density bonuses. 4 1/7/85 . Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, to instruct the Planning staff to come up with a policy that says that before any change of zone for increased density, the rights for density bonuses must be relinquished by waiver. TRI-CITY ASSESSMENT DISTRICT 961 - NEGATIVE DECLARATION In a memorandum dated December 14, 1984, Frank A. Schuma, Planning Director, explained that the purpose of Assessment District 961 is to authorize the sale of bonds to finance the acquisition and installation of off-site improvements in the Tri-City Redevelopment District, which is located east of Waterman Avenue, west of Tippecanoe, south of the Santa Ana River and Brier Drive and north of Interstate 10 and Redlands Boulevard. (8) . Counc i 1 Member Ma rk s made a mot i on, seconded by Council Member Castaneda, to adopt the Negative Declara- tion for the City of San Bernardino Public Works Depart- ment to form Assessment District 961 to authorize the sale of bonds to finance the acquisition and installation of off-site improvements in Tract Map No. 12034, Parcel Map No. 8120 and adjoining areas within the Tri-City Redevel- opment District. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. COUNCIL MEMBER STRICKLER LEFT Council Member Strickler left the Council Meeting. APPEAL - PLANNING COMMISSION'S DECISION - VARIANCE NO. 84-20 - 255 SOUTH PEPPER STREET - CONTINUED FROM DECEMBER 17, 1984 This is the time and place continued to for an appeal filed by Al Connel, Fleetwood Enterprises, Inc., on the Planning Commission's decision of approval for Variance No. 84-20 to expand an existing non-conforming trailer manufacturing plant in the R-1-7200 Single-Family Residen- tial Zone, subject to conditions and standard require- ments, which is located at 255 South Pepper Street. (8A) . Mr. Connel, Fleetwood Enterprises, Inc., showed a picture of proposed landscaping for property and described their plan. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal be granted on all the issues, except as to the wall, and as a condition of not putting in the wall, hedges are to be planted along the northerly line to the area approximately 200 feet easterly from Pepper, on the northerly boundary to the rear of the property westerly to the start of the railroad spur, along the entire area to the easterly property line, and that a hedge be extended along the southerly boundary westerly to where the wall stops; further, the front of the building is to be re- painted and the wall next to the mobile home parks is to be included. COUNCIL MEMBER HERNANDEZ LEFT Council Member Hernandez left the Council Meeting. . 5 1/7/85 . SECCOMBE LAKE STATE URBAN RECREATION AREA - WIDENING SIERRA WAY FROM FIFTH STREET TO SEVENTH STREET - CONTINUED FROM NOVEMBER 8, 1984 This is the time and place continued to for consider- ation of the widening of Sierra Way from Fifth Street to Seventh Street. Roger Hardgrave, Director of Public Works/City Engineer, had recommended that the available balance in the "Victoria, Highland to Mirada" account be used for this project. (9) City Administrator Matzer introduced a memorandum dated December 26, 1984, from Roger Hardgrave, Director of Public Works/City Engineer, in which he explained the Victoria Avenue project and stated the available balance in that account is estimated to be $52,467, and recom- mended its use for the widening of a portion of Sierra Way. . Council Member Marks made a motion, seconded by Council Member Castaneda and unanimously carried, that the transfer of $42,400.00 "Improvement of Victoria Avenue" (Account No. 42-510-495) to the widening of Sierra Way from Fifth Street to Seventh Street, in accordance with Plan no. 6403, be approved. COUNCIL MEMBER STRICKLER RETURNED Council Member Strickler returned to the Council Meeting and took his place at the Council Table. BUSINESS LICENSE INSPECTOR - CITY CLERK'S OFFICE - TEMPORARY POSITION In a memorandum dated December 19, 1984, Leon J. Gagnon, Business License Supervisor, explained that the number of business licenses issued has increased by 58% since 1975 and the City has grown by four square miles, and recommended a pilot program which would provide the services of an additional business license inspector. It is estimated that additional revenue of $36,000 could be generated by the pilot program. (10) . Council Member Quiel made a motion, seconded by Council Member Castaneda and unanimously carried, to cre- ate a temporary position of Business License Inspector from January 14, 1985 through June 30, 1985, as a pilot project, and authorize the City Clerk to fill the posi- tion; and to commend City Clerk Clark and Business License Supervisor Gagnon on the outstanding job done in the Busi- ness License Division relating to an audit program which was conducted and was highlighted in the Western Cities Magazine, and this commendation be spread across the minutes. COUNCIL MEMBER FRAZIER LEFT Council Member Frazier left the Council Meeting. REJECT BIDS - DIESEL POWERED MOTOR GRADER In a memorandum dated December 12, 1984, Dean R. Meech, PurChasing Agent, explained that two bids had been received relative to the purchase of one diesel powered motor grader, one from Johnson Tractor Co. and one from Whitney Machinery Co., and further explained the reasons for the recommendation that these bids be rejected. (11) . Council Member Quiel made a motion, seconded by Council Member Castaneda and unanimously carried, that all bids received for the furnishing of one diesel powered motor grader be rejected and the purchasing Agent be di- rected to re-advertise for same. 6 1/7/85 COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. . AMENDMENT TO MUNICIPAL CODE - CASH IN LIEU FEE - PARKING DISTRICT In a memorandum dated December 17, 1984, Roger Hard- grave, Director of Public Works/City Engineer, explained the Central City Parking Place Commission's recommendation of an amendment to San Bernardino Municipal Code Section 19.56.290 which relates to cash in-lieu fees for each parking space in the Parking District and stated the sec- tion now needs to be updated. Mr. Hardgrave also stated that the Commission at their November 1, 1984 meeting adopted the following motion: "That the present ordinance be amended to reflect the cost of the current in-lieu fee, based on the market value at the time; subject to negotia- tion, which may take in participation by government bodies." (12) . Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the present Code, Chapter 19, Section 56.290, be amended to reflect the cost of cash in-lieu fee based on the market value at the time; and that the City Attorney be directed to amend Section 56.290, Chapter 19, accordingly and that the amendment be reviewed by the Parking Place Commission and LegiSlative Review Committee. STREET BANNER PERMITS In a memorandum dated December 7, 1984, Wayne Over- street, Superintendent of Public BuildingS/Parking Con- trol, explained the background of the street banner per- mits and the need for revisions. (13) Counc i 1 Membe r Qu i el made a mot i on, seconded by Council Member Marks and unanimously carried, to adopt the proposed street banner application and specifications as shown in Attachments #2 and #3 to the memorandum. RES. 85-1 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FEE TO COVER THE COSTS OF PERMIT ISSUANCE AND OF ERECTION AND REMOVAL OF BANNER, AND REPEALING RESO- LUTION NO. 79-133. . The City Clerk read the title of the resolution. Council Member Quiel 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. 85-1 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Hernandez. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 16.16 OF THE SAN BERNAR- DINO MUNICIPAL CODE TO DELETE REFERENCE TO ELECTRICAL SUPERINTENDENT AND TO AN APPLI- CANT PROVIDING INSURANCE PRIOR TO ERECTION OF A BANNER. FIRST The City Clerk read the title of the ordinance. . 7 1/7/85 . Counci 1 Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that first reading of the ordinance be waived and said ordinance be laid over for final passage. REQUEST FOR APPEAL HEARING - BUILDING COMMISSIONERS' DECISION - ABATEMENT - 947 WEST 6TH STREET In a letter dated December 6, 1984, Robert L. Zweig, peartrei Properties, Inc., requested a hearing to appeal the Board of Building Commissioners' decision relative to the costs accrued in the abatement of hazardous conditions on property located at 947 West 6th Street. (14) Council Member Reilly made a motion, seconded by Council Member Castaneda and unanimously carried, to set an appeal hearing at 9: 00 a.m., for Monday, January 21, 1985, to consider an appeal by Robert L. Zweig, peartrei Properties, Inc., on the Board of Building Commissioners' decision regarding cost of abatement of a hazardous condi- tion for property located at 947 West 6th Street. READING AND WAIVING OF ALL RESOLUTIONS City Clerk Clark read the titles of all the resolu- tions on the agenda. . 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. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. RES. 85-2 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE WITH WILLIE CLARK RELATING TO PREMISES LOCATED AT 2656 WEST FOOTHILL BOULEVARD AND PERMITTING THE CITY TO USE THE PREMISES AS A COMMUNITY POLICE CENTER OR FOR ANY OTHER LAWFUL PUBLIC PURPOSES. (15) . Council Member Frazier stated he would abstain from voting on this resolution, as the Abundant Light Fellow- ship, which he serves as pastor, is a tenant in the Plaza Complex. He does not receive compensation for his ser- vices and wished to avoid any appearance of a conflict of interest. Council Member Strickler made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 85-2 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: None. Abstain: Council Member Frazier. RES. 85-3 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2482 ENTITLED IN PART "A RESOLUTION . . . DESIG- NATING CERTAIN STREET INTERSECTIONS WHERE A STOP IS REQUIRED. ."; AND INSTALLING STOP SIGNS ON MARSHALL BOULEVARD AT ITS INTERSECTION WITH "G" STREET. (16) City Attorney Prince answered questions. . Counci 1 Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. 8 1/7/85 . Resolution No. 85-3 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. COUNCIL MEMBER HERNANDEZ LEFT Council Member Hernandez left the Council Meeting. RES. 85-4 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 655 ENTITLED IN PART "A RESOLUTION . . . DESIG- NATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS. ."; AND DELETING "G" STREET AS A THROUGH HIGHWAY. (17) Council Member Quiel made a motion, seconded by Council Member Frazier, that said resolution be adopted. Resolution No. 85-4 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Hernandez. . RES. 85-5 - RESOLUTION OF THE CITY OF SAN BERNARDINO RESCINDING APPROVAL OF THE FINAL MAP FOR SUBDIVISION TRACT NOS. 11320, 11321, 11322 AND 11325, LOCATED SOUTHERLY OF KENDALL DRIVE, EAST AND WEST SIDE OF LITTLE MOUNTAIN DRIVE; RESCINDING APPROVAL OF THE AGREEMENTS FOR THE IMPROVEMENTS IN SAID SUBDIVISION; AND REPEALING RESOLUTION NO. 83-411. (18) City Administrator Matzer answered questions. Counc i 1 Member Qu ie 1 made a mot i on, seconded by Council Member Reilly, that said resolution be adopted. vote: Quiel, Member Resolution No. 85-5 was adopted by the following Ayes: Council Members Castaneda, Reilly, Marks, Frazier, Strickler. Noes: None. Absent: Council Hernandez. . RES. 85-6 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING ASSESSMENT ROLL NO. 959 FOR THE MAINTENANCE OF FUTURE LANDSCAP- ING IN PORTIONS OF KENDALL DRIVE, SHANDIN HILLS DRIVE, "F" STREET AND LITTLE MOUNTAIN DRIVE, IN THE CITY OF SAN BERNARDINO, AND APPROVING ASSESSMENT DIAGRAM MAP NO. 959. (19) Council Member Marks made a motion, seconded by Council Member Castaneda, that said resolution be adopted. vote: Quiel, Member Resolution No. 85-6 was adopted by the following Ayes: Council Members Castaneda, Reilly, Marks, Frazier, Strickler. Noes: None. Absent: Council Hernandez. RES. 85-7 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR COMPUTER EXAMINATION SCORING SERVICES WITH THE SAN BERNARDINO CITY UNI- FIED SCHOOL DISTRICT. (20) Council Member Quiel made a motion, seconded by Council Member Castaneda, that said resolution be adopted. . 9 l7/85 . vote: Quiel, Member Resolution No. 85-7 was adopted by the following Ayes: Council Members Castaneda, Reilly, Marks, Frazier, Strickler. Noes: None. Absent: Council Hernandez. RES. 85-8 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT WITH PRIVATE MEDI- CAL-CARE, INC., EXTENDING THE TERM FOR AN ADDITIONAL YEAR EFFECTIVE JANUARY 1, 1985. (21) Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-8 was adopted by the following vote: ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Hernandez. , RES. 85-9 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF FIRST AMENDMENTS TO AGREEMENTS WITH MISSION DENTAL HEALTH PLAN EXTENDING THE TERMS FOR AN ADDITIONAL ONE YEAR PERIOD FOR (1) EM- PLOYEES' DENTAL PLAN AND (2) SEPARATE EM- PLOYEE ORTHODONTICS ONLY PLAN. (22) Counc i 1 Member Qu i el made a mot i on, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-9 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes. None. Absent: Council Member Hernandez. RES. 85-10 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT WITH STANDARD LIFE INSURANCE COMPANY OF PORTLAND, OREGON, EXTENDING THE TERM FOR AN ADDITIONAL YEAR, EFFECTIVE DECEMBER 1, 1984. (23) Counci 1 Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. . Resolution No. 85-10 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Hernandez. RES. 85-11 - RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PAR- CELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT OF A PUBLIC NUISANCE. (360-366 WEST 9TH STREET, 1180 NORTH TIA JUANA STREET, 679 NORTH CRESCENT, 241 EAST CEN- TRAL, AND 1045 WEST RIALTO AVENUE) (25) Cou nc i 1 Member Qu ie 1 made a mot i on, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-11 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, 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. 10 1/7/85 ..: -- ..----..- . RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH RELIABLE ELEVATOR COMPANY RELATING TO ELEVATOR AND ESCALATOR MAINTENANCE SERVICE. (24) Mayor Holcomb stated he had been contacted by Oliver & Williams Elevator Corporation regarding the specifica- tions for the elevator maintenance service in City Hall. Pursuant to his request Oliver & Williams Elevator Corpor- ation put the information in a letter which he received on January 4, 1985, in which they stated their opinion that the specifications were drawn to preclude other bidders. Counc i 1 Membe r Ma rk s made a mot i on, seconded by Council Member Hernandez and unanimously carried, that the resolution relative to an agreement with Reliable Elevator Company be continued to Monday, January 21, 1985, in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California, and the City Administrator be instructed to make an independent analysis of the issue of the bid specifications for elevator maintenance service and report back. t RES. 85-12 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SEQUOIA PACIFIC SYSTEMS CORPORATION RELATING TO THE FURNISHING OF ELECTION SUPPLIES AND SERVICES FOR THE PRIMARY MUNICIPAL ELECTION TO BE HELD ON MARCH 5, 1985, AND REPEALING RESOLUTION NO. 84-497. (26) Council Member Quiel made a motion, seconded by Council Member Castaneda, that said resolution be adopted. Resolution No. 85-12 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. WAIVING AND READING OF ORDINANCES City Clerk Clark read the titles of all the ordi- nances on the agenda. . Counci 1 Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that first and final readings of the ordinances be waived. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SECTION 6.24.150 OF THE SAN BER- NARDINO MUNICIPAL CODE TO PROVIDE FOR A FIVE DOLLAR VACCINATION FEE FOR ALL DOGS AND CATS RECLAIMED, ADOPTED, OR SOLD FOR RESEARCH PURPOSES FROM THE ANIMAL SHELTER. (27) City Administrator Matzer answered questions regard- ing the ordinance. Counci 1 Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that said ordinance be laid over for final passage. . 11 1/7/85 . ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPOR- ATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 84-22, A RECTANGULARLY SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY .83 ACRES LOCATED AT THE SOUTHWEST CORNER OF MARSHALL BOULEVARD AND DEL ROSA AVENUE. (28) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that said ordinance be laid over for final passage. I ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPOR- ATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 84-23, GENERALLY DESCRIBED AS AN IRREG- ULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 29 ACRES LOCATED WESTERLY OF THE INTERSECTION OF COLLEGE AVENUE AND VARSITY DRIVE WITH A FRONTAGE OF APPROXI- MATELY 1,359 FEET ALONG THE SOUTH-WESTERLY SIDE OF COLLEGE AVENUE AND APPROXIMATELY 1,137 FEET ALONG THE WESTERLY SIDE OF VAR- SITY DRIVE). (29) City Attorney Prince answered questions regarding the preparation of this ordinance. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that said ordinance be laid over for final passage. . ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPOR- ATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 84-24, GENERALLY DESCRIBED AS AN IRREG- ULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 2.3 ACRES HAVING A FRONTAGE OF APPROXIMATELY 132 FEET ON THE WEST SIDE OF "I" STREET AND A FRONTAGE OF 35 FEET ON THE EAST SIDE OF "J" STREET AND BEING LO- CATED APPROXIMATELY 217 FEET SOUTH OF THE CENTERLINE OF HAZEL STREET). (30) Council Member Marks made a motion, seconded by Council Member Castaneda and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SECTION 3.04.010 OF THE SAN BER- NARDINO MUNICIPAL CODE TO EXEMPT PURCHASES AND SALES THROUGH ANY ADVANTAGEOUS GOVERN- MENTAL CONTRACT FROM THE REQUIREMENTS OF CHAPTER 3.04 CONCERNING THE CENTRALIZED PUCHASING SYSTEM. (31) Council Member Marks made a motion, seconded by Council Member Castaneda and unanimously carried, that said ordinance be laid over for final passage. . 12 1/7/85 . ORD. MC-425 - ORDINANCE OF THE MAYOR AND FINAL COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO AUTHORIZING AN AMENDMENT TO THE CON- TRACT BETWEEN THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM PROVIDING FOR ONE YEAR FINAL COMPENSATION FOR RETIREMENT PURPOSES FOR LOCAL FIRE MEMBERS, AND DE- CLARING THE URGENCY THEREOF. (32) Council Member Marks made a motion, seconded by Council Member Castaneda, that said ordinance be adopted. ayes: Marks, None. Ordinance MC-425 was adopted by the following vote: Council Members Castaneda, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: GENERAL REPORTS AND CORRESPONDENCE Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the following items be filed: (33) I a. Sewer Capacity Rights Report - January 7, 1985 - Deputy City Administrator b. Civil Service Eligibility Lists for: Program Specialist - Department Promotional Only Intermediate Typist Clerk - Open and Promotional Junior Typist Clerk - Open and Promotional c. Re-employment Lists: Labor Management Relations Officer Personnel Clerk II d. Supplement to petition for special relief before the Federal Communications Commission by Group W Cable. e. Eight alcoholic beverage control applications for the following new and transferred licenses: . NEW Casillas, Jerry 385 North liE II On Sale & Mary, dba La Street Beer and Wine Casita Stumpf, patricia 1395 W. Kendall Off Sale & Phillip, dba General 7-11 Food Store Peter Piper, Inc. l033 Waterman On Sale dba Peter Piper Avenue Beer and Wine Pizza Enciso, Teresa 1208 W. 5th Off Sale Aguilar, George Street Beer and Wine dba La Esperanza Cisneros, Lerry 348 W. High- Off Sale M. Udayke, Joel land Avenue Beer and Wine S. Vasquez, Jess . D. , dba The Flower- loft 13 1/7/85 Bashir, Salah M. 974 Kendall Off Sale Avenue General . TRANSFERRED Patel, Pravin K. 2729 North Del Off Sale dba Victoria Rosa Avenue Beer and Wine Guernsey Drive In Singer, Ralph 423 N. lIG" On Sale St., Suite 1 General SHANDIN HILLS GOLF CLUB PROBLEM SOLVING COMMITTEE - EXPAND MEMBERSHIP In a memorandum dated December 28, 1984, Council Member Quiel stated that a Shandin Hills Golf Club Problem Solving Committee had been established on December 17, 1984, to be comprised of three Council Members and four private sector members. He recommended that the private membership section be increased to six members. I Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to in- crease the private section membership of the Shandin Hills Problem Solving Committee from four to six members so as to broaden community base and representation. APPOINTMENTS - SHANDIN HILLS GOLF CLUB PROBLEM SOLVING COMMITTEE - DE LA TORRE - SEYMOUR Pursuant to memoranda dated January 4, 1985, from Mayor Holcomb, Council Member Quiel made a motion, seconded by Council Member Castaneda and unanimously car- ried, to appoint Charles Seymour and Manny DeLaTorre to serve on the Shandin Hills Golf Club Problem Solving Com- mittee. MITCHELL SCHOOL PARK - CHANGE ORDER NO. TWO - BOB BRITTON, INC., CONTRACTOR In a memorandum dated December 26, 1984, Roger Hard- grave, Director of Public Works/City Engineer, explained that new regulations requiring backflow prevention devices are now in effect and must be installed before the Water Department can issue final approval of this project. (S-l) . Council Member Marks made a motion, seconded by Council Member Castaneda and unanimously carried, that Change Order No. Two to the contract with Bob Britton, Inc. for construction of Mitchell Park, in accordance with Plan No. 6494, be approved; to authorize the furnishing and installation of a 2" backflow prevention device on the 2" galvanized iron water supply line as per environmental requirements of the Water Department, as directed by the Engineer, for an increase of $972.60 in the contract price from $213,936.00 to $214,908.60. . ABSENTEE BALLOT ABUSE In a memorandum dated January 4, 1985, Council Member Hernandez stated that absentee ballot abuse and misuse have increased in recent years, causing strain to person- nel and budgets in offices handling elections. He recom- mended that the City Attorney prepare an emergency ordi- nance which would restrict absentee ballot applications to those mailed by the City Clerk with the sample ballots or mailed to or handed out by the City Clerk upon voter request. 14 1/7/85 . City Clerk Clark answered questions regarding the handling of absentee ballots and the workload which it entails. City Clerk Clark stated she felt that such an ordinance couldn't be done legally, as certain areas of State Law preempt charter cities. Such a law would also interfere wi th those who are permanent absentee voters. City Attorney Prince answered questions, stating that currently there are no restrictions on the handling of absentee ballot applications, only on the absentee ballot itself, and that such an ordinance would be legal. Eugene Dougherty, resident of the Third Ward, stated there is a lot of abuse of absentee ballots. Council Member Hernandez made a motion to direct the City Attorney to prepare an emergency ordinance that would prohibit campaign workers from handling or mailing appli- cations for absentee ballots and that such ordinance would take effect immediately and be enforced in the March 5, 1985 San Bernardino City Primary Election. . The motion died for lack of a second. TRAFFIC SIGNAL ASSESSMENT - PARCEL MAP NO. 5318 - HALLMARK AND STATE COLLEGE PARKWAY Council Member Quiel presented a letter dated January 3, 1985 from John Edwins, project Manager, 2367 N. Sierra Way, in which he stated that College Parkway Development Associates is developing land in the State College Proj- ect Area and has been told by the Engineering Department they must pay 50% or $63,500, of the traffic signalization on the corner of Hallmark Blvd. and State College Parkway. According to a traffic survey, their development will contribute only about 8% of the traffic. They have of- fered to pay $12,000.00 which is more than 8% of the cost. Counc i 1 Member Qu i el made a mo t i on, seconded by Council Member Strickler and unanimously carried, to grant the request of developer at the northeast corner of Hall- mark Boulevard and State College Parkway that their parti- cipation in the signalization will be $12,000. . CLAIM - lONE C. CAREY Pursuant to a memorandum dated December 27, 1984 from Ronald Solheim, Director, Risk Management, Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the claim of lone C. Carey, Risk Management File 84B-116, for damage to her vehicle on or about November 29, 1984 on Arrowhead Avenue between 3rd and Court Streets, City of San Bernardino, caused when a Police Officer opened the door of the patrol unit striking the vehicle being driven by Ms. Carey, be settled as a full and complete release in the sum of $2,143.66. MANPOWER FUNDS - CITY BROCHURES Eugene Dougherty, a resident of the Third Ward, stated that he had heard that Mayor Holcomb had spent $50,000 of Manpower Funds on brochures for the City. On the government's request, this money was returned, but it was taken out of General Fund money. He also stated that there were well-to-do people working on the Mayor's staff who were paid by CETA. . It was suggested that Mr. Dougherty put all the in- formation pertaining to these accusations in writing and submit to a Council Committee. 15 1/7/85 . 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 Bernardino, California. NORTHWEST PROJECT AREA SPECIAL ELECTION - CERTIFICATION In a memorandum dated December 28, 1984, City Clerk Clark presented the results of the election to select twenty-one members for the Northwest Project Area Commit- tee and recommended that these results be declared official. (R-l) City Clerk Clark recommended that the highest vote getter and the next highest vote getter serve as Chair- person and Vice Chairperson of the Committee until the PAC adopts its own officers. . Council Member Frazier made a motion, seconded by Council Member Castaneda and unanimously carried, that the results of the Special Election held in the Northwest Redevelopment Project Area on December 18 and 19, 1984, as listed on the memorandum from the City Clerk dated Decem- ber 28, 1984, be declared official. Ms. Sam Ella Hicks, 2863 California, spoke against the temporary appointment of the two highest vote getters as Chairperson and Vice Chairman and suggested that the Committee could convene the first meeting and select their own officers. Al Lumpkin, 1616 W. 11th Street, also spoke in favor of the Committee selecting their own officers without assistance from the City. Cheryl Brown, who was the highest vote getter in the election, stated she felt she should be appointed tempor- ary Chairman, as she had support from both slates on the ballot. . Mr. Thomas Chandler stated he had no problem with the selection of the City appointing Cheryl Brown as a tempor- ary Chairperson and to assist in getting the Committee started. Council Member Frazier made a motion, seconded by Council Member Castaneda, that the two highest vote get- ters on the PAC election serve as Chairperson and Vice Chairperson on a temporary basis, until such time that they have had their election of officers. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Hernandez. . David Lechuga read a letter from the Westside Home- owners and Tenants Association, and stated that the City Clerk conducted an honest and proper election. Mr. Lechuga recommended that the Redevelopment Agency staff call the first meeting, with members receiving five days' written notice of the purpose, place, time and date. The purpose of the meeting would be (1) drawing of lots for terms of office for members, (2) members elect temporary leadership and (3) set the next meeting for the Committee. 16 1/7/85 . ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE NO. 3902 RELATING TO ASSESSMENT BONDS FOR PUBLIC IMPROVEMENTS IN THE CITY AND DECLARING THE URGENCY THEREOF. (Final) (R-4) The City Clerk read the title of the ordinance. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the ordinance be waived. Mr. Robert Haight, on behalf of Warren Beebe, ex- plained the substantive changes in the ordinance. Senior Assistant City Attorney Briggs answered ques- tions and stated that the ordinance amendment had no ad- verse impact on the City, that it was basically an expan- sion of bonding powers, rather than limiting. The Council delayed action on this matter until Roger Hardgrave, Director of Public Works/City Engineer could be present to answer questions. (See Page 17) . COUNCIL MEMBER HERNANDEZ LEFT Council Member Hernandez left the Council Meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MIRALLES ASSOCIATES, INC. RELATING TO PROVIDING ARCHITECTURAL SERVICES FOR CON- STRUCTION OF A COMMUNITY CENTER FOR THE BENCH AREA. (R-9) The City Clerk read the title of the resolution. A discussion ensued regarding the wording in the staff report dated December 27, 1984 as follows: "Funds to finance the contract cost, construction engineering costs and contingencies, are to be allocated in the 1985-86 Community Development Block Grant program." Ken Henderson, Resources Coordinator for the Commun- ity Development Commission, answered questions. . Counc i 1 Member Qu i e 1 made a mot i on, seconded by Council Member Castaneda and unanimously carried, to con- tinue the resolution relative to an agreement with Miralles Associates, Inc. to Monday, January 21, 1985 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and have a report back rela- tive to: can an existing facility be replicated without going to the expenses of a full architectural fee? and does this area quality for Community Development Block Grant funds? ORD. MC-426 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING ORDINANCE NO. 3902 RELATING TO ASSESSMENT BONDS FOR PUBLIC IMPROVEMENTS IN THE CITY AND DECLARING THE URGENCY THEREOF. (R-4) (Continued from earlier in the meeting) . Roger Hardgrave, Director of Public Works/City Engi- neer, answered questions and stated he had reviewed the ordinance and had no problems with it. 17 1/7/85 . Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that said ordinance be adopted. Ordinance MC-426 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Hernandez. RECESS MEETING - CLOSED SESSION At 11:55 a.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino recessed for a Closed Session to discuss possible litigation. CLOSED SESSION At 11:55 a.m., the Closed Session was called to order by Mayor Holcomb in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. . ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Holcomb; Council Members Reilly, Marks, Quiel, Frazier, Strickler; City Attorney prince, City Administrator Matzer, City Clerk Clark. Ab- sent: Council Members Castaneda, Hernandez. Also present: Deputy City Attorney Fenton. COUNCIL MEMBER HERNANDEZ ARRIVED At 12:00 noon, Council Member arrived at the Closed Session. ADJOURN CLOSED SESSION At 12:20 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 12:20 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 fol- lowing being present: Mayor Holcomb; Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Administrator Matzer, City Clerk Clark. Absent: Council Member Castaneda. ADJOURN MEETING At 12:20 p.m., Council Member Strickler made a mo- tion, seconded by Council Member Reilly and unanimously carried, that the meeting be adjourned. AL7///?c?/aM . . Ci ty Clerk . 18 1/7/85