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HomeMy WebLinkAbout12-23-1985 Minutes City of San Bernardino, California December 23, 1985 . This is the time and place set for an Adjourned Reg- ular Meeting of the Mayor and Common Council of the City of San Bernardino at their Regular Meeting held at 9:05 a.m., on Monday, December 16, 1985, in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the Notice of Adjournment of said meeting held at 9:05 a.m., Monday, December 16, 1985, and has on file in the Office of the City Clerk an Affidavit of said posting together with a copy of said Order which was posted at 10:00 a.m., on Tuesday, December 17, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 11:09 a.m., Monday, December 23, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Olen Jones, Jr., Immanuel Baptist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Reilly. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Reilly, Hernandez, Marks, Quiel, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Members Estrada, Frazier. . RES. 85-541 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIFTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF SAN BERNAR- DINO AND THE COUNTY OF SAN BERNARDINO CRE- ATING THE SAN BERNARDINO PUBLIC SAFETY AUTHORITY TO AUTHORIZE THE CITY OR THE COUNTY TO USE THE AUTHORITY AS A LEASING AGENT IN THE FUTURE WITHOUT ANY FURTHER AMENDMENTS. (1) (Continued from December 16, 1985) The City Clerk read the title of the resolution. Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolution be waived. COUNCIL MEMBER FRAZIER ARRIVED At 11:10 a.m., Council Member Frazier arrived at the Council Meeting and took his place at the Council Table. Council Member Strickler made a motion, seconded by Council Member Reilly, that said resolution be adopted. . . vote: Quiel, Member Resolution No. 85-541 was adopted by the following Ayes: Council Members Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Estrada. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE NEGATIVE DECLARATION AS TO ENVIRONMENTAL IMPACT AND ADOPTING AMENDMENT NO. 82-3 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO (GENERAL PLAN LAND USE ELE- MENT). (AREA BOUNDED BY LYNWOOD DRIVE ON THE SOUTH, EUREKA STREET ON THE NORTH, MOUNTAIN AVENUE ON THE WEST AND DEL ROSA AVENUE ON THE EAST AND INCLUDING AN ADDI- TIONAL AREA LOCATED WITHIN APPROXIMATELY 400 FEET ON THE EAST SIDE OF DEL ROSA AVE- NUE BETWEEN EUREKA STREET AND MARSHALL BOULEVARD). (2) (Continued from December 16, 1985) . Planning Director Schuma answered questions regarding the Exhibit, a map showing General Plan Amendment No. 82-3. He stated that Vince Bautista, Principal Planner, had listened to the tape of the Council meeting in 1982 when this General Plan was adopted, and that the minutes and the Exhibit presented today are correct according to the tape. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the intent of the Council in making this amendment to General Plan No. 82-3 was to change the General Plan to medium density residential 8-14 units per acre for the land bounded by the following: Marshall Boulevard on the south, Eureka Street on the north, Mountain Avenue on the west and Del Rosa on the east; on the east side of Del Rosa back to the depth of the lot to the east, excluding the southeast corner of Del Rosa and Eureka, which is to remain as commercial; and also including the open space as presently shown on the map dated December 23, 1985, specifically the Del Rosa Elementary School and the Del Rosa Little League Ball Field. (See January 6, 1986 minutes for follow-up action.) . DENSITY BONUS AS A CONDITION PRECEDENT TO SALE OF SEWER CAPACITY RIGHTS - REPORT FROM CITY ATTORNEY - CONTINUED FROM DECEMBER 16, 1985 This is the time and place continued to for consider- ation of a report from the City Attorney relative to waiver of density bonus as a condition precedent to the sale of sewer capacity rights. (3) City Attorney Prince presented an opinion dated De- cember 16, 1985, from Deputy Ci ty Attorney Wilson addressed to Planning Director Schuma, regarding Density Bonus, Walver of Future Right to Request. The conclusion as set forth in the opinion was as follows: . "The sewer capacity rights held by the City are the personal property of the City. The City may accept the execution of a density bonus waiver for the sale of its sewer capacity rights. When the application is for less than 75 equivalent dwelling units of sewer capacity rights any action taken must be justified under the provisions of Resolution No. 84-530 Section 5. Where the application is for the sale of more than 75 equivalent dwelling units of sewer capacity 2 12/23/85 . rights, any action taken must be justified in terms of the "common benefit". Devel- oper and City must, in any instance, agree that the decision to sell the sewer capa- city rights to the developer has an 'equivalent financial value' to the density bonus which is waived." Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the report from the City Attorney regarding density bonus as a condition precedent to the sale of sewer capacity rights be received and filed. . DENSITY BONUS AND SEWER RIGHTS Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, to refer to the Legislative Review Committee the density bonus and sewer capacity rights issue, and direct the City Attorney to prepare a covenant running with the land whereby a purchaser of sewer capacity rights would sign a waiver to density bonus for review by the Legislative Review Committee. The document is to include a provision that if the developer refuses to sign the agreement, he/she may appeal to the Council. APPROVAL OF MINUTES - OCTOBER 21, 1985 - CONTINUED FROM DECEMBER 16, 1985 This is the time and place continued to for approval of the minutes of the meeting of the Mayor and Common Council held on October 21, 1985. (4) Council Member Marks made a motion, seconded by Council Member Strickler, that the minutes of October 21, 1985, be clarified so that it is understood that a new or expanding qualifying business in the commercially designated area of the Enterprise Zone within the first four years of the life of the Enterprise zone is allowed three years of tax rebates within a period of three years. Tax rebates include utility tax and business license tax. . The motion carried by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Estrada. Abstain: Council Member Quiel. APPROVAL OF MINUTES - NOVEMBER I, 1985 - CONTINUED FROM DECEMBER 16, 1985 This is the time and place continued to for approval of the minutes of the meeting of the Mayor and Common Council held on November I, 1985. (5) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that the minutes of the Meeting of the Mayor and Common Council held on November I, 1985, be continued to January 6, 1985, and staff be instructed to present the ordinances on the Enterprise Zone (Ordinance Nos. MC-480, MC-481 and MC-485) for the purpose of clarifying the minutes. . TAXICAB RATE INCREASE In a memorandum dated December 18, 1985, Lee Gagnon, Business License Supervisor, explained that at a Bureau of Franchises meeting held on October I, 1985, Mr. Art Par- las, owner of the Yellow Cab Company, requested an in- crease of $.50 in the taxicab surcharge rate due to an insurance premium increase from $2,326.00 to $4,318.00 per cab. At a subsequent meeting of the Bureau of Franchises held on December 10, 1985, it was recommended that the proposed increases in certain taxicab rates be approved. (6 ) 3 12/23/85 . Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the City Attorney be instructed to prepare an ordinance that would increase the taxicab surcharge rate by $.50 for a period not to exceed ninety days during the installation of new taxicab meters; after ninety days, the total sur- charge ($1.00) and the extra passenger charge ($.25) would be deleted. The ordinance would also increase the flag drop rate of $1.90 for the first 1/10 mile and $.20 for each additional 1/5 mile with waiting time of $9.00 per hour and $.25 charge for handling baggage and groceries. (6 ) APPOINTMENT - PAUL L. RICCIO - PARK AND RECREATION COMMISSION Pursuant to a memorandum dated December 19, 1985 from Mayor Wilcox, Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, to confirm the appointment of Paul L. Riccio, 630 Maywood Avenue, San Bernardino, CA 92404, to the Parks and Recreation Commission representing the Seventh Ward. . COMMISSION AND COMMITTEE APPOINTMENTS - PLACEMENT ON AGENDA The Mayor and Common Council discussed the manner in which appointments to commissions and committees are made. It was suggested that there was a need to show more recog- nition to appointees, such as a monthly luncheon. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, to require that commission and committee appointments be placed first on the Council agenda and that the Legislative Review Committee be directed to look into methods for granting recognition to commission members. TEMPORARY RECREATIONAL VEHICLE PARKING - CHRISTIAN & MISSIONARY ALLIANCE CHURCH In a memorandum dated December 20, 1985, Council Member Reilly presented a letter dated December 16, 1985 from Alan Rosenberg, Pastor, Christian & Missionary Alli- ance Church, requesting an extension of a two month period of time which the Council had previously approved for parking of recreational vehicles in the Church parking lot. . Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that the Mayor and Common Council grant the Christian & Missionary Alliance Church an amendment to the variance that will authorize parking for a 21 day period during March and April 1986. CONFERENCE ON TAX-EXEMPT FINANCING - SR. ASSISTANT CITY ATTORNEY - AUTHORIZATION TO ATTEND In a memorandum dated December 20, 1985, City Attor- ney Prince stated that Sr. Assistant City Attorney Allen R. Briggs had requested that he be permitted to attend a conference on tax-exempt financing for residential, com- mercial and industrial real estate being held on January 9 and 10, 1986, in San Diego. Mr. Prince also set forth suggestions for payment of expenses that would be incurred in this request. . Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, to authorize Sr. Assistant City Attorney Allen R. Briggs to attend a conference on tax-exempt financing to be held in San Diego on January 9 and 10, 1986. 4 12/23/85 . Council Member Strickler, Chairman of the Redevelopment Committee, explained why two staff members from the Redevelopment Agency will be attending the conference. Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that $700 for the Sr. Assistant City Attorney's travel and conference expenses come from the City Attorney's budget, with reimbursement from the Economic Development Council, and that the Economic Development Council be instructed to make the reimbursement. RES. 85-542 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, AUTHORIZING THE SUBMIS- SION OF AN APPLICATION TO THE MORTGAGE BOND ALLOCATION COMMITTEE FOR AN ALLOCATION FOR THE ISSUANCE OF SINGLE FAMILY MORTGAGE REVENUE BONDS DURING CALENDAR YEAR 1986. (R-4) The City Clerk read the title of the resolution. . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that further reading of the resolution be waived. Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-452 was adopted vote: Ayes: Council Members Reilly, Quiel, Frazier, Strickler. Noes: None. Member Estrada. by the following Hernandez, Marks, Absent: Council COUNCIL MEMBER REILLY EXCUSED Council Member Reilly left the Council Meeting. TEFRA PUBLIC HEARING - VARIOUS PROJECTS-MULTIFAMILY MORTGAGE REVENUE BOND POLICY RECOMMENDATIONS This is the time and place set for a TEFRA public hearing to consider various project-multifamily mortgage revenue bond policy recommendations. (R-7) . In a memorandum dated December 20, 1985, Glenda Saul, Executive Director of the Redevelopment Agency, stated that staff is requesting a continuance of all the scheduled TEFRA hearings today, pending adoption of the new policy guidelines for all multifamily bond projects. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $4,820,000 PRIN- CIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVE- NUE BONDS (CHAPARRAL APARTMENT PROJECT). (R-7a) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be continued to Monday, January 20, 1986, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . 5 12/23/85 . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $6,500,000 PRIN- CIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (GILBERT STREET VILLAS PROJECT). (R-7b) Counci 1 Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be continued to Monday, January 20, 1986, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $9,300,000 PRIN- CIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVE- NUE BONDS (SANDALWOOD PARK APARTMENTS PROJECT) . (R-7c) . Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be continued to Monday, January 20, 1986, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $28,000,000 PRIN- CIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVE- NUE BONDS (THE WOODLANDS PROJECT) (R-7d) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be continued to Monday, January 20, 1986, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $15,920,000 PRIN- CIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVE- NUE BONDS (NOBLE PROPERTIES, INC., PROJECT) . (R-7e) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be continued to Monday, January 20, 1986, at 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $1,200,000 PRIN- CIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVE- NUE BONDS (MOUNTAIN GATE PROJECT). (R-7f) . 6 12/23/85 . Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, that said resolution be continued to Monday, January 20, 1986, at 11: 00 a.m., in the Council Chambers of ci ty Hall, 300 North "0' Street, San Bernardino, California. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. RES. 85-543 - RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING REQUIREMENTS CON- CERNING INDUCEMENT AND TEFRA RESOLUTIONS CONCERN I NG MULTI FAM I L Y MORTGAGE REVENUE BOND PROJECTS. (R-7-IIa) The City Clerk read the title of the resolution. Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of the resolution be waived. Glenda Saul, Executive Director of the Redevelopment Agency, answered questions. . Council Member Marks made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-543 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Estrada. RES. 85-544 - RESOLUTION OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 85-40, INDUCEMENT RESOLUTION FOR MULTIFAMILY MORT- GAGE REVENUE BONDS FOR UNIVERSITY PARK PROJECT. (R-7-III) The City Clerk read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Frazier and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. . vote: Quiel, Member Resolution No. 85-544 was adopted by the following Ayes: Council Members Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Estrada. COUNCIL MEMBER FRAZIER - BIRTHDAY GREETINGS The Mayor and Common Council recognized Council Member Frazier's birthday by singing "Happy Birthday". ADJOURNMENT At 12:30 p.m., Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the meeting be adjourned to Monday, January 6,1986, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . #;2,1'a'd//t:?k-1l/ /' City Clerk 7 12/23/85