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Home My WebLink About06-03-1985 Minutes City of San Bernardino, California . June 3, 1985 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 9:04 a.m., on Monday, June 3, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Reverend Kenneth T. Caudill, Pastor of Lutheran Church of Our Savior. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Colonel Thomas E. Eggers, Commander, 63rd Military Airlift Wing, Norton Air Force Base, 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 Clerk Clark, City Administrator Matzer. Absent: Council Member Castaneda. OATH OF OFFICE - MAYOR EVLYN WILCOX, COUNCIL MEMBER ESTHER ESTRADA, COUNCIL MEMBER REILLY City Clerk Clark administered the Oath of Office of the City of San Bernardino to Mayor Evlyn Wilcox, Council Member Esther Estrada (First Ward), Council Member Reilly (Second Ward). OATH OF OFFICE - COUNCIL MEMBER MARKS The Honorable Marcus M. Kaufman administered the Oath of Office of the City of San Bernardino to Council Member Marks (Fourth Ward). RECESS MEETING At 9:40 a.m., the meeting was recessed until 10:15 a.m. for a reception honoring the newly elected and re- elected City officials. . RECONVENE MEETING At 10:20 a.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 Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. CLAIMS AND PAYROLL Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to ap- prove demands against the City and authorize the issuance of warrants as follows: (3) 1. Approve the register of demands dated: . May 13, 1985 May 20, 1985 84/85 84/85 #44 #45 $1,554,064.44 1,038,664.38 . 2. Approve a supplement to the total gross payroll for the period April 15, 1985, through April 28, 1985, in the amount of $160.34. 3. Approve the total gross payroll for the period April 29, 1985, through May 12, 1985, in the amount of $1,113,562.99. PERSONNEL ACTIONS Council Member Marks made a motion, seconded by Council Member Strickler 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: (4) APPOINTMENTS Public Works/City Engineer Gary P. Cole - civil Engineering Technician II - Effective June 4, 1985 . Fire Prevention Carlene K. Lukasik - Intermediate Typist Clerk - Effective June 4, 1985 Public Services/Refuse Refuse Operator I - Effective May 21, 1985 Richard A. Mestas Tommy R. Walker Public Works/Central Garage Cherie R. Turnbull - Intermediate Typist Clerk - Effective May 28, 1985 TEMPORARY APPOINTMENTS Parks, Recreation & Community Services Joseph Garcia - Groundsman - Effective June 4, 1985 . Supervising Lifeguard/Part-time - Effective June 4, 1985 Kim J. Mucho Peter R. Petrucci Lloyd Stafford Coach Operator/Part-time - Effective June 4, 1985 Recreation Aide/Part-time - Effective June 11, 1985 Buzz Adkins Roger L. Buckley Anthony A. Flores Jeremy MCKinney Lorenzo Romero Daphne Savage Tia J. Shakir Mary Brubaker Bonnie L. Chisom Frederick Hughes Adriene L. Ricks Matthew Rootland Rodney B. Scott Michael T. Tabb Recreation Leader/Part-time - Effective June 4, 1985 . Diane E. Cleveland Gary L. Johnson Erina L. Martinez John P. Oxrider Paul Contreras James C. Lewis Michele A. Mittlehouser Micaela Perez 2 6/3/85 . SBETA - Administration Paula J. Messer - Staff Analyst I - (JTPA) Effective June 4, 1985 Public Works/Engineering Alexander M. Newton - Assistant Resident Engineer - Effective June 4, 1985 Police Margaret Staten - Crossing Guard/Part-time - Effective June 4, 1985 Public Buildings Custodial Aide III - Effective June 5, 1985 Otis Jackson Alex Motes TEMPORARY APPOINTMENT/PROMOTIONAL Public Buildings . Custodial Aide III - Effective June 4, 1985 - From Custodial Aide II to Custodial Aide III Michael Hill Wayne Jones PROMOTIONAL APPOINTMENTS Public Services/Refuse Tony R. Cano - Refuse Crew Foreman - From Commercial Refuse Route Supervisor to- Refuse Crew Foreman - Effective May 7, 1985 Francisco DeCasas - Refuse Operator III - From Refuse Operator I to Refuse Operator III - Effective May 21, 1985 Gregory N. Gonzales - Refuse Crew Foreman - From Refuse Route Supervisor to Refuse Crew Foreman - Effective May 7, 1985 . Armando R. Leon - Refuse Operator III - From Refuse Operator I to Refuse Operator III - Effective May 21, 1985 Daniel P. Thomas - Refuse Route Supervisor - From Refuse Operator II to Refuse Route Supervisor - Effective May 7, 1985 David L. Villalobos - Commercial Refuse Route Supervisor - From Refuse Operator III to Commercial Route Supervisor - Effective May 7, 1985 Public Services/Street Trees Dennis J. Garrahan - Maintenance Worker III - From Tree Trimmer to Maintenance Worker III - Effective May 21, 1985 Parks, Recreation & Community Services Andrew Kruk - Senior Lifeguard - From Lifeguard/ Part-time to Senior Lifeguard/Part-time - Effective June 4, 1985 . Christine Wells - Recreation Specialist/Part-time - From Recreation Leader/Part-time to Recreation Specialist/Part-time - Effective June 4, 1985 3 6/3/85 . Personnel Leticia D. Tapia - Personnel Clerk I - From Intermediate Typist Clerk to Personnel Clerk I - Effective May 28, 1985 ACTING HIGHER CLASSIFICATION Police Christine Bristol - Principal Clerk - From Subpoena Clerk to Principal Clerk - Effective May 13, 1985 REINSTATEMENT OF LEAVE OF ABSENCE Finance Debby A. Centner - Account Clerk - April 1, 1985 to June 3, 1985 - Effective June 4, 1985 Public Works/Engineering Alfred Goer, civil Engineering Technician II - April 28, 1985 to May 12, 1985 - Effective May 13, 1985 . LEAVE OF ABSENCE Personnel Lisa Villalobos - Personnel Clerk I - May 2, 1985 to June 30, 1985 - Effective May 2, 1985 APPROVE MINUTES - MAY 2, 1985 Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 2nd day of May, 1985, with the substitute page as submitted. (1) APPROVE MINUTES - MAY 13, 1985 Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to ap- prove the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 13th day of May, 1985, as submitted in typewritten form. (2) . RECONSIDERATION - MAYOR AND COMMON COUNCIL'S DECISION TO ABATE PUBLIC NUISANCE - 5718 NORTH "D" STREET - TED D. BAIR - CONTINUED FROM MAY 13, 1985 This is the time and sideration of the Mayor and abate a public nuisance at perty owned by Ted D. Bair. place continued to for recon- Common Council's decision to 5718 North "D" Street, on pro- (5) Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that re- consideration of the decision to abate a public nuisance at 5718 North "D" Street be continued to Monday, July 1, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COMPREHENSIVE PLAN TO COMBAT DRUGS IN THE CITY OF SAN BERNARDINO In a memorandum dated May 22, 1985, Council Member Hernandez requested Council consideration of a plan to combat drugs in the City of San Bernardino. (6) . Council Member Hernandez made a motion, seconded by Council Member Frazier, that the Mayor and Common Council direct the Chief of Police to prepare a comprehensive plan to combat drugs in the City of San Bernardino and report back to the Council within thirty days. 4 6/3/85 Council discussed the recommendation. . council Member Marks made a substitute motion, se- conded by Council Member Quiel and unanimously carried, that the Office of the Mayor assume the the responsibility for establishing a task force to prepare and implement a comprehensive plan for combatting drugs in the City of San Bernardino. LEGISLATIVE REVIEW COMMITTEE REPORT - MAY 30, 1985 Council Member Strickler, Chairman of the Legislative Review Committee, reported that the Legislative Review Committee did not meet on May 30, 1985. (7) Counc i 1 Member Re illy made a mot i on, seconded by Council Member Frazier and unanimously carried, that the report of the Legislative Review Committee be presented at the meeting of the Mayor and Common Council scheduled for Monday, June 17, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . READING AND WAIVING OF RESOLUTIONS The City Clerk read the title of all the resolutions on the Agenda. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolutions be waived. COUNCIL MEMBER QUIEL LEFT Council Member Quiel left the Council Meeting. RES. 85-197 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS "ASSESSMENT DISTRICT NO. 968"; AND SETTING AND DIRECTING PUBLICATION OF A NOTICE OF A TIME AND DATE OF A PUBLIC HEARING. (AIRPORT DRIVE) (8) . Council Member Strickler made a motion, seconded by Council Member Marks, that said resolution be adopted. Resolution No. 85-197 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. RES. 85-198 - RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT; DECLARING ITS INTEN- TION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS "ASSESSMENT DIS- TRICT NO. 956"; AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC HEARING. (CARNEGIE DRIVE AREA). (9) Council Member Strickler made a motion, seconded by Council Member Marks, that said resolution be adopted. . Resolution No. 85-198 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Frazier, Strickler. Noes: None. Absent: Council Member Quiel. 5 6/3/85 . RES. 85-199 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONSENT TO COMMON USE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO CON- STRUCTION OF A NEW BOX CULVERT FOR FORTIETH STREET AND THIRD AVENUE ACROSS DEVIL CREEK CHANNEL. (11) Council Member Strickler made a motion, seconded by Council Member Marks, that said resolution be adopted. vote: Marks, Member Resolution No. 85-199 was adopted by the following Ayes: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler. Noes: None. Absent: Council Quiel. COUNCIL MEMBER QUIEL RETURNED Council Member Quiel returned to the Council Meeting and took his place at the Council Table. . RES. 85-200 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO J & R LANDSCAPING FOR MAINTENANCE OF LANDSCAPING IN PORTIONS OF UNIVERSITY PARKWAY, COLLEGE AVENUE, 48TH STREET, KENDALL DRIVE (STATE ROUTE 206), NORTHPARK BOULEVARD AND LITTLE MOUNTAIN DRIVE. (10) Council Member Quiel made a motion, seconded by Council Member Strickler, that said resolution be adopted. Resolution No. 85-200 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. . RES. 85-201 - RESOLUTION OF THE CITY OF SAN BERNARD I NO APPROV I NG THE FINAL MAP FOR SUBDIVISION TRACT NO. 11391, LOCATED AD- JACENT TO THE SOUTHWEST CORNER OF OHIO AVENUE AND OLIVE AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STAN- DARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PER- FORMANCE SPECIFIED. (12) Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution No. 85-201 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. . RES. 85-202 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 12468, LOCATED AP- PROXIMATELY 250 FEET SOUTH OF THE CENTER- LINE OF BASELINE STREET AND FRONTAGE OF APPROXIMATELY 701 FEET ON THE EAST SIDE OF TIPPECANOE AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. (13) Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted. 6 6/3/85 . Resolution No. 85-202 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. GENERAL REPORTS AND CORRESPONDENCE Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the following items be filed: (14) a. Civil Service Eligibility Lists for: Senior Lifeguard - Open Supervising Lifeguard - Open Custodial Aide - Open Coach Operator - Open Recreation Leader - Open Senior Recreation Leader - Open Recreation Specialist/Social & Cultural - Open Recreation Specialist/Therapeutics - Open . b. Report relative to Reserve Sewer Capacity Rights - Raymond D. Schweitzer, Deputy City Administrator. c. Notice of Public Hearings - Department of Industrial Relations - to consider revisions to regulations in Title 8, Group 3 of the California Administrative Code, Articles 1-6 concerning the payment of prevailing wages on Public Works Projects. d. Application of General Telephone Company of California for authority to increase certain intrastate rates and charges for telephone service. e. Application of Southern California Edison Company for authority to change its Energy Cost Adjustment Billing Factors. f. Three alcoholic beverage control applications for the following new and transferred licenses: , NEW Southland Corporation dba 7 -E leven #2131 SE corner Kendall and Palm Off Sale Beer & Wine Timothy G. 1621 E. Highland Dofflow & David B. Thrasher, dba Numero Uno On Sale Beer & Wine TRANSFERRED Deborah K. & Rodney L. Coch- ran, dba Inland Flowers 768 Inland Center Drive Off Sale Beer & Wine . 7 6/3/85 g. Board of Building Commissioners' Resolutions as follows: . BBC 1017 BBC 1015 BBC 1019 BBC 1014 BBC 1012 BBC 1011 BBC 1010 BBC 1009 BBC 1008 BBC 1013 855 W. Orange 1182 North "G" Street 805 North "F" Street 964 N. Acacia 147 North "J" Street 1796 W. Highland Avenue 833 North "F" Street 500 Blk. N. Waterman NE corner 1258 W. 19th Street 752 W. 9th Street PLANNING COMMISSION REPORT At the meeting of the Planning Commission held on May 15, 1985, the following recommendations were made: . That the application for Change of Zone No. 84-8 - Bert and Vada Rendahl, owners; Frank Tracadas, applicant, to change the land use zoning district from R-3-3600, Multiple- Family Residential, to C-l, Neighborhood Commercial on an irregularly shaped parcel of land consisting of approximately .42 acres located at the northeast corner of Kendall Drive and pine Avenue, having a frontage of approximately 63 feet on the north side of Kendall Drive and a frontage of 194 feet on the east side of pine Avenue be recommended for denial. (15) Council Member Reilly stated that he wished to ab- stain from voting on this matter since his former em- ployer had done work on this project. Council Member Quiel made a motion, seconded by Council Member Strickler, to approve the findings and the recommendation of the Planning Commission and deny Change of Zone No. 84-8, to change the land use zoning district from R-3-3600, Multiple-Family Residential, to C-l, Neigh- borhood Commercial. . The motion carried by the following vote: Ayes: Council Members Estrada, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Reilly. That the application for Change of Zone No. 85-11 - City of San Bernardino Redevelop- ment Agency, owner; Western Communi ties Association, applicants, to change the land use zoning district from R-3-3000, Mul- tiple-Family Residential, R-1-7200, Single- Family Residential, and "0", Open Space to PRD-14U/Acre, Planned Residential Develop- ment at 14 units per acre on an irregularly shaped parcel of land consisting of ap- proximately 13 acres located on the south- easterly side of University Parkway between North Park Boulevard and Kendall Drive having a frontage of approximately 240 feet on North Park Boulevard and 657 feet on Kendall Drive, be recommended for approval. (16) . Frank Schuma, Planning Director, stated that a letter has been received from surrounding property owners, who requested an evening Council meeting to discuss Change of Zone No. 85-11. 8 6/3/85 . Robert Sprague, representing Western Communities, 7777 Alvarado Road, La Mesa, California, was present to answer questions. Frank Schuma, Planning Director, stated that this development will be part of a maintenance assessment dis- trict. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, to approve the responses to comments and to adopt the Negative De- claration for environmental review which has been reviewed and considered. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, to approve the findings and the recommendation of the Planning Com- mission and to direct the City Attorney to prepare the necessary amendments to the zoning Ordinance. . That the application for Change of Zone No. 85-12 - Lawrence & Lura Lansing, owners, L. D. Lansing & Associates, applicant, to change the land use zoning district from R-l-lO,800, Single-Family Residential to PRD-.5U/Acre, Planned Residential Develop- ment at .5 units to the acre on an irre- gularly shaped parcel of land consisting of approximately 41.8 acres and being located approximately 140 feet north of the cen- terline of Lynwood Drive at the northern terminus of Central Avenue extending east to the northern terminus of Orange Street be recommended for approval. (17) Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to ap- prove the responses to comments and to adopt the Negative Declaration for environmental review which has been re- viewed and considered. . Council Member Marks made a motion, seconded by Council Member Strickler and unanimously carried, to ap- prove the findings and the recommendation of the Planning Commission and to direct the City Attorney to prepare the necessary amendments to the Zoning Ordinance. PLANNING COMMISSION REPORT At the Planning Commission meeting held on May 21, 1985, the following recommendations were made: That the application for Change of Zone No. 85-10 - Byron White Home FurniShing, Inc., owner, Merriman's Inc., applicant, to change the land use zoning district from M-l, Light Industrial to C-M, Commercial- Manufacturing on a rectangularly-shaped parcel of land consisting of approximately .42 acres having a frontage of approxi- mately 97 feet on the west side of Stoddard Avenue and being located approximately 255 feet north of the centerline of Oak Street be recommended for approval. (18) . Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, to approve the responses to comments and to adopt the Negative De- claration for environmental review which has been reviewed and considered. 9 6/3/85 . Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, to approve the findings and the recommendation of the planning Com- mission and to direct the City Attorney to prepare the necessary amendments to the Zoning Ordinance. . That the application for Change of Zone No. 85-9 and Lot Line Adjustment No. 85-16, Ernest and Blanch Meyer, owner, Fountain Place LMT, applicant, to change the land use zoning district from R-1-7200, Single- Family Residential and C-3A, Limited General Commercial to PRD-14U/Acre, planned Residential Development and C-3A and to adjust the lot lines between two parcels to correspond with proposed zoning boundaries on an irregularly-shaped parcel of land consisting of approximately 12 acres having a frontage of approximately 745 feet on the west side of Tippecanoe Street and being located approximately 241 feet south of the centerline of Baseline Street be recom- mended for approval. (19) Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, to ap- prove the responses to comments and to adopt the Negative Declaration for environmental review which has been re- viewed and considered. Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, to ap- prove the findings and the recommendation of the Planning Commission and to direct the City Attorney to prepare the necessary amendments to the Zoning Ordinance. . APPEAL HEARING - PLANNING COMMISSION'S DECISION - CONDITIONAL USE PERMIT NO. 85-8 - LUPE JAMIE CONTINUED FROM MAY 13, 1985 This is the time and place continued to for con- sideration of an appeal filed by Lupe Jaime, owner, Shanty Cocktail Lounge, on the Planning Commission's decision of denial of Conditional Use Permit No. 85-8 to permit a cocktail lounge with pool tables with less than the re- quired number of parking spaces in the C-3 General Com- mercial Zone. This project is located on the south side of Baseline Street and west of "F" Street. (22) Council Member Hernandez made a motion, seconded by Council Member Frazier and unanimously carried, that the appeal relating to parking requirements for the Shanty Cocktail Lounge be continued to Monday, June 17, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. NEGATIVE DECLARATION - TWO DOMESTIC WATER WELLS, 3-5 MILLION GALLON RESERVOIR - NORTHPARK BOULEVARD In a memorandum dated May 16, 1985, Frank Schuma, Planning Director, recommended the adoption of a Negative Declaration to install two domestic waterwells and to con- struct a 3 to 5 million gallon reservoir on Northpark Boulevard. (23) . 10 6/3/85 . Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the Negative Declaration to install two domestic water wells and construct a 3 to 5 million gallon reservoir on 109 acres located on the west side of Northpark Boulevard and northerly of the intersection of State College Parkway and Northpark Boulevard within the City of San Bernardino for the San Bernardino Municipal Water Department be continued to June 17, 1985, and that Planning Staff be directed to consult with officials at California State University, San Bernardino regarding this proposed project. NEGATIVE DECLARATION - 12.90 ASSESSMENT DISTRICT FOR LANDSCAPING AND LIGHTING - AIRPORT DRIVE In a memorandum dated May 6, 1985, Frank Schuma, Planning Director, recommended the adoption of a Negative Declaration to establish a 12.90 assessment district for landscaping and lighting maintenance on Airport Drive. (24) . Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to adopt the Negative Declaration to establish a 12.90 assessment district by the City of San Bernardino Public Works De- partment to maintain landscaping and lighting along the north and south sides of Airport Drive, located east of Commercenter West and west of Commercenter East within the City of San Bernardino. PLANNING ITEMS - PLACEMENT ON COUNCIL AGENDA In response to questions from Council Members, Frank Schuma, Planning Director, stated that Planning items have been placed on the Council agenda to be heard at 2:00 p.m., at the direction of the Mayor's Office. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that all items be scheduled for 9:00 a.m. on all Council agendas, unless staff is otherwise directed by the Mayor and Common Council. . RECESS MEETING At 10:55 a.m., Council Member Frazier made a motion, seconded by Council Member Estrada and unanimously car- ried, that the meeting of the Mayor and Common Council recess until 2:00 p.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:11 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 Wilcox; Council Members Estrada, Reilly, Quiel, Frazier, Strickler; City Attorney prince, City Clerk Clark, City Administrator Matzer. Absent: Council Members Hernandez, Marks. . PUBLIC HEARING - SAN BERNARDINO GOLF CLUB UNSAFE CONDITIONS AT NEW COMMERCIAL DEVELOP- MENT WEST OF GOLF CLUB - SOUTH WATERMAN AVENUE This is the time and place set for a public hearing to consider unsafe conditions at new commercial develop- ment west of the San Bernardino Golf Club, 1494 South Waterman Avenue. (20) 11 6/3/85 . In a letter dated May 15, 1985, Mr. Jon Grossman, owner/operator of the San Bernardino Golf Club, explained potential problems for buildings being constructed next to the golf course at 1494 South Waterman Avenue and cited deficient fencing and walling in the area of the golf course. Mr. Jon Grossman, 1493 South Waterman Avenue, ex- plained that a building has been constructed adjacent to the golf course without proper fencing to protect the building. The building adjacent to the golf course received a minor subdivision approval from the Planning Commission. One condition for the minor subdivision was Planning De- partment's approval of the wall to be constructed. Frank Schuma, Planning Director, presented a letter dated March 1, 1985 addressed to Mr. Dana McKay, P. O. Box 92959, Los Angeles, California,in which Mr. Schuma re- minded Mr. McKay of the condition imposed by the Planning Commission requiring Planning Department approval of the wall to be constructed. . Mr. Grossman explained that he does not own the land that the golf course is on; the land belongs to the City of San Bernardino, and Mr. Grossman added that the City might be liable for damages caused by golf balls. City Attorney Prince referred to Paragraph 9 of the lease between the City and Mr. Grossman for the San Ber- nardino Golf Club (ReSOlution No. 81-365). The lease instructs the operator or lessee of the golf club to put in additional improvements to make the land more usable and create greater protection for others. Under the lease, the City could require the operator to erect the fence. It was suggested that the owner of the building ad- jacent to the golf course sign a hold harmless agreement, stating that he would not sue the golf course for balls that go out of range and hit the building. . Frank Schuma, Planning Director, answered questions of the Council, stating that when the minor subdivision was granted, the City did not specify what height the fence should be. Mr. Grossman answered questions and explained why he could not relocate the tee box on the golf green near the adjacent building. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the hearing be closed. Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the City Attorney be instructed to exercise the option in Paragraph 9 of the lease and notify the operator of the unsafe condition at the course. . Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to di- rect Planning staff to meet with the developer of the adjacent project to get the fence issue resolved and the fenced area completed. 12 6/3/85 . APPEAL HEARING - PLANNING COMMISSION'S DECISION DENIAL FOR VARIANCE NO. 84-16 - EXPAND EXISTING NONCONFORMING AUTOMOBILE IMPOUND YARD - 10TH AND "E" STREETS - GERALD M. & MARY E. LAIR - CONTINUED FROM MAY 23, 1985 This is the time and place continued to for an appeal hearing filed by Gerald M. and Mary E. Lair, dba City Towing, of the Planning Commission's decision of denial for Variance 84-16 to expand an existing non-conforming automobile impound yard at the northwest corner lOth and "E" Streets. At the meeting of the Mayor and Common Council held on May 28, 1985, an appeal hearing was held to consider Planning Commission's decision of denial of Variance 84-16. The decision of the Planning Commission was re- versed and Variance 84-16 was granted, based upon findings of fact and subj ect to var ious cond i tions. (See minutes of meeting of May 28, 1985, page 6.) . In a memorandum dated June 3, 1985, City Attorney Prince quoted from the San Bernardino Municipal Code, Section 19.81.030, which requires the Mayor and Common Council to hear and consider the evidence of all concerned parties at the time fixed for the hearing, which, in the case of Variance 84-16, would be June 3, 1985. Mr. Prince further stated that the foregoing information makes the decision made at the meeting of the Council held on June 28, 1985 invalid, and requested Council to set another date for a public hearing on the appeal. Mr. John L. Fitzpatrick, 478 West 16th Street, spoke regarding the golf course, which was the previous planning item. City Attorney Prince again explained that this hear- ing should be continued to allow the submission of new evidence. Council Member Reilly stated that he would abstain from voting on this matter, since his former employer had worked for Mr. Lair on the wall. . Council Member Quiel made a motion, seconded by Council Member Strickler, that the hearing be continued to Monday, June 17, 1985, and Planning staff be prepared to go forward with a report on findings of fact at that time. The motion carried by the following vote: Council Members Estrada, Quiel, Frazier, Strickler. None. Absent: Council Members Hernandez, Marks. stain: Council Member Reilly. Ayes: Noes: Ab- CALIFORNIA HOTEL - 5TH AND "E" STREET DEMOLITION Council discussed the status of the California Hotel, 5th and "E" Streets, which is being demolished. It was pointed out that some of the debris has overlapped onto the library property and that Pan American Bank, the pro- perty owner, has halted demolition through a court order. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to in- struct the Building and Safety Department to serve notice that the Cal ifornia Hotel property contains a publ ic nuisance. . 13 6/3/85 . ADJOURNMENT At 4:00 p.m., Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously car- ried, to adjourn to 8:00 a.m., Monday, June 10, 1985 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. A4/L;7?a/~Ab , City Clerk . . . 14 6/3/85