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HomeMy WebLinkAbout02-04-1985 Minutes City of San Bernardino, California . February 4, 1985 The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 9:00 a.m., on Monday, February 4, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Reverend Bob Clover of the Catholic Diocese of San Bernardino. 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 fol- lowing being present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzei. Absent: Council Member Marks. RES. 85-48 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO TO THE CITY OF HERZLIYA, ISRAEL, CON- FIRMING THE SISTER CITY AFFILIATION BETWEEN THE TWO CITIES. (a) Mayor Holcomb presented the resolution. Thelma Press, Executive Director of the International Council, read the title of the Resolution. Council Member Strickler made a motion, seconded by Council Member Hernandez and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. . Resolution No. 85-48 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Ab- sent: Council Member Marks. Thelma Press, Executive Director of the International Council, introduced Rabbi Jacob Alkow from Herzliya, Israel, who served as San Bernardino's first rabbi in the early 1930's. Rabbi Alkow thanked the Mayor and Common Council for their participation in the new Sister City affiliation with Herzliya, Israel. Rabbi Alkow recalled his years spent in San Bernardino and compared them with problems the City of Herzliya is now facing. COUNCIL MEMBER MARKS ARRIVED At 9:13 a.m., Council Member Marks arrived at the Council Meeting and took his place at the Council Table. . BLACK HISTORY BALL Council Member Frazier spoke of the success of the Black History Ball held on February 2, 1985, and presented a trophy to the Mayor and Common Council which had been awarded at the Black History Ball. Mayor Holcomb accepted the trophy. . CLAIMS AND PAYROLL Counc i 1 Member Re illy made a mot ion, seconded by Council Member Frazier and unanimously carried, to approve demands against the City and authorize the issuance of warrants as follows: (3) 1. Approve the register of demands dated: January 14, 1985 January 21, 1985 84/85 #26 84/85 #27 $1,359,270.61 1,152,232.83 2. Approve a supplement to the gross payroll for the period December 10, 1984, through December 23, 1984, in the amount of $474.41. 3. Approve the total gross payroll for the period December 24, 1984, through January 6, 1985, in the amount of $1,108.602.36. . PERSONNEL ACTIONS Council Member Reilly made a motion, seconded by Council Member Frazier 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 Police Department Junior Typist Clerk Nance R. Karr - Effective February 5, 1985 Nancy B. Sorensen - Effective February 19, 1985 Shelley M. Tygart - Effective February 19, 1985 Mary E. Luttrell - Dispatcher I - Effective February 5, 1985 City Attorney William Sabourin - Assistant City Attorney - Effective February 4, 1985 . TEMPORARY APPOINTMENTS City Clerk Michael A. Stanley - Business License Inspector - Effective January 14, 1985 Public Buildings Security Officer - Effective January 22, 1985 Steven D. Cade Joel R. Pattison Rodolfo Franco - Custodial Aide III - Effective February 8, 1985 Parks, Recreation and Community Services Robert L. Velarde - Groundsman - Effective February 5, 1985 Public Services/Refuse . Extra Relief Heavy Laborer - Effective February 5, 1985 2 2/4/85 --, . Leland Angiollilo Eugene Finley Sal G. Hernandez Michael T. Holt Tommy R. Walker PROMOTIONAL APPOINTMENTS Finance Dean R. Meech - Purchasing Agent - From Senior Buyer to Purchasing Agent - Effective January 1, 1985 Public Works/Engineering Brian M. Hagman - Senior Engineering Aide From Engineering Aide to Senior Engineering Aide - Effective February 5, 1985 REINSTATEMENT OF LEAVE OF ABSENCE . Police Department Elizabeth N. Bradley - Intermediate Typist Clerk _ From October 3, 1984 to November 19, 1984 Effective October 19, 1984 Christine M. Bristol - Subpoena Clerk _ From October 10, 1984 to October 16, 1984 _ Effective October 16, 1984 Gloria A. From June Effective Hurt - Intermediate 22, 1984 to October October 22, 1984 Typist Clerk - 22, 1984 - APPROVE MINUTES - DECEMBER 19, 1984 Council Member Hernandez made a motion, seconded by Council Member Reilly, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 19th day of December, 1984. (1) The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: None. Abstain: Council Member Marks. . APPROVE MINUTES - JANUARY 7, 1985 Council Member Hernandez made a motion, seconded by Council Member Reilly, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 7th day of January, 1985, as sub- mitted in typewritten form. (2) The Council Frazier, Abstain: motion carried by the following vote: Members Castaneda, Reilly, Hernandez, Strickler. Noes: None. Absent: None. Council Member Marks. Ayes: Quiel, . PUBLIC HEARING - AMENDMENT TO GENERAL PLAN NO. 84-4 - NORTH OF FAIRWAY DRIVE, EAST OF THE EXTENSION OF ORANGE SHOW ROAD, SOUTH OF CENTURY AVENUE AND WEST OF CAMINO REAL. This is the time and place set for a public hearing to consider General Plan Amendment 84-4 for property con- sisting of approximately 29.4 acres located northerly of Fairway Drive, easterly of the extension of Orange Show Road, southerly of Century Avenue and westerly of Camino Real. (5) Mayor Holcomb opened the hearing. No protests were filed. 3 2/4/85 . Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried that the hearing be closed. RES. 85-49 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE NEGATIVE DECLA- RATION AS TO ENVIRONMENTAL IMPACT AND ADOPTING AMENDMENT NO. 84-4 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO GENERAL PLAN LAND USE ELEMENT). Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 85-49 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. . APPEAL HEARING - BOARD OF BUILDING COMMIS- SIONERS' DECISION - DEMOLITION OF PROPERTY - 206 SOUTH ALLEN STREET - JAMES ROE. (CONTINUED FROM DECEMBER 3, 1984) This is the time and place continued to for an appeal hearing filed by James Roe, to consider the Board of Building Commissioners' decision of demolition of property located at 206 S. Allen Street. (6) Jack Rosebraugh, Superintendent of Building and Safety, reported that the appellant had begun repairs and has almost completed the project, so there is no need to continue with the abatement hearing. Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal hearing on demolition of property at 206 South Allen Street be tabled. . APPEAL HEARING - PLANNING COMMISSION'S DECISION _ CONDITIONAL USE PERMIT NO. 84-61 - 247 EAST 40TH STREET (CONTINUED FROM JANUARY 21, 1985) This the time and place continued to for an appeal hearing filed by Peter D'Amico, Best California Gas, Ltd., to consider the decision of the Planning Commission of approval for Conditional Use Permit No. 84-61 to permit a mini market in conjunction with an existing service sta- tion in the C-3A, Limited General Commercial Zone on property located at 247 East 40th Street. (7) Peter D'Amico, Best California Gas, Ltd. reported that there is a thirty foot easement for ingress and egress to the property, and objected to the requirement to close two existing driveways and the construction of one thirty-six foot wide driveway. Mayor Holcomb suggested that Mr. D'Amico and Frank Schuma, Planning Director, get together and try to work a solution to the problem and that the matter be continued to 2:00 p.m. this afternoon. (See Page 22) . PLANNING COMMISSION REPORT Frank Schuma, Planning Director, gave the Planning Report regarding the Planning Commission matters of the meeting on January 22, 1985. The following recommenda- tions were made: 4 2/4/85 . That the application for Change of Zone No. 84-14 to change the land use zoning dis- trict from MHP, Mobile Home Park to PRD -7, Planned Residential Development at 7 units per acre for property located approximately 1,568 feet on the north side of Frontage Road and being located approximately 1,100 feet westerly of the centerline of Little League Drive be recommended for approval. (9) Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to ap- prove the responses to comments, adopt the N eg a ti ve Dec.- laration, and approve the findings and recommendation of the Planning Commission and direct the City Attorney to prepare the necessary amendments to the Zoning Ordinance, subject to appropriate waiver of density bonus to be exe- cuted by owners of property and that it be recorded to run with the land. . That the application for Change of Zone No. 84-29 - to change the land use zoning dis- trict from "0", Open Space to R-3-l200, Multiple-Family Residential and to adjust the lot lines between two parcels in the "O",Open Space zone for property located approximately 329 feet on the south side of Court Street and a frontage of 428 feet on the north side of Third Street, being lo- cated approximately 241 feet east of the centerline of Sierra Way be recommended for approval. (10) Council Member Castaneda made a motion, seconded by Council Member Reilly and unanimously carried, to approve the responses to comments, adopt the Negative Declaration for environmental review, to approve the findings and recommendation of the Planning Commission, and direct the City Attorney to prepare the necessary amendments to the Zoning Ordinance. . That Change of Zone No. 84-31 to change the land use zoning district from "0", Open Space to R-3-l200, Multiple-Family Resi- dential District for property located ap- proximately 175 feet on the east side of Allen Street and approximately 171 feet south of the centerline of Fourth Street be recommended for approval. (ll) Council Member Castaneda 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, to approve the find- ings and the recommendation of the Planning Commission and to direct the City Attorney to prepare the necessary amendments to the Zoning Ordinance. DENSITY BONUS - STANDARD FORM WAIVER AGREEMENT Council discussed the impacts that can result from over-use of density bonuses and expressed a need for a commitment from developers to limit the use of density bonuses. . Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, to direct the City Attorney to prepare a standard form waiver agree- ment on density bonuses. 5 2/4/85 . That Change of Zone No. 84-30 to change the land use zoning district from R-3-3000, Multiple-Family Residential, to PRD-147, Planned Residential Development for pro- perty located approximately 1132 feet on the west side of "I" Street and 35 feet on the east side of "J" Street and approxi- mately 217 feet south of the centerline of Hazel Street be recommended for approval. (12) Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, to approve the responses to comments and to adopt the Nega- tive Declaration for environmental review, to approve the findings and recommendations of the Planning Commission and to direct the City Attorney to prepare the necessary amendments to the Zoning Ordinance. , CABLE LAKES PROJECT - NEGATIVE DECLARATION FINDINGS IN SUPPORT In a memorandum dated January 23, 1985, Frank Schuma, Planning Director, presented findings in support of the negative declaration for the Cable Lakes Project, a pro- posal to develop 120 lots on 20 acres on the north side of Frontage Road west of Little League Drive. (13) Special social, economic and other reasons for is- suing a Negative Declaration are: 1) physical improve- ments of the road system; 2) improvements to the flood control channel; 3) create employment for construction of residential structures; 4) provide affordable housing in area designated for higher income levels; and 5) sequen- tial development and physical improvements necessary for development of this area as prime residential area. Discussion ensued regarding the high fire hazard zone where this property is located. Frank Schuma, Planning Director, stated that the Fire Department would not support changing the area designation from high fire hazard. Mr. Schuma further stated that a provision of an ordinance adopted three years ago indicated that property located in a high fire hazard zone must have two means of access. . Counci 1 Member Quiel made a motion, seconded by Council Member Reilly to adopt the Negative Declaration and the findings in support of the Negative Declaration for the Cable Lakes Project (Tentative Tract No. 12756 and Conditional Use Permit No. 84-37), a proposal to develop 120 lots on approximately 20 acres of land located on the north side of Frontage Road approximately 1,568 feet west of Little League Drive. The Counc il Frazier, None. motion carried by the following vote: Members Castaneda, Reilly, Hernandez, Strickler. Noes: Council Member Marks. Ayes: Quiel, Absen't: . APPOINTMENT - JOINT POWERS AUTHORITY - COUNCIL MEMBER REILLY In a memorandum dated January 23, 1985, Planning Director Frank Schuma reported that Council Member Strickler had resigned from the Authority for a Greater San Bernardino in December, 1984, and that Council Member Reilly had expressed an interest in serving on this com- mittee. (14) 6 2/4/85 . Council Member Castaneda made a motion, seconded by Council Member Hernandez and unanimously carried, that Council Member Jack Reilly be appointed to fill the City vacancy on the Joint Powers Authority for a Greater San Bernardino. APPRAISAL OF PROPERTY - 40TH AND ELECTRIC (CONTINUED FROM JANUARY 21, 1985) This is the time and place continued to for consid- eration of appraisal of property located at 40th and Electric for the purpose of widening 40th Street. Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the matter of appraisal of property to widen south side of 40th Street, east of Electric Avenue be continued to Monday, February 18, 1985 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (17 ) t WAYS AND MEANS COMMITTEE REPORT - JANUARY 28, 1985 Council Member Castaneda, Chairman of the Ways and Means Committee, presented the Committee's report of the meeting of January 28, 1985. The following items were discussed: Area Health Education Center; Mall Security. (18) Council Member Marks made a motion, seconded by Council Member Castaneda and unanimously carried, that the Council go on record supporting the Area Health Education Center (AHEC) project; that Casa Ramona apply for Block Grant Funds through various governmental agencies and that the City Administrator cooperate fully with this effort. Council Member Marks made a motion, seconded by Council Member Castaneda and unanimously carried, that the item concerning Mall security be tabled. . REPORT FROM LOCOMOTIVE AD HOC COMMITTEE - JANUARY 30, 1985 Council Member Castaneda presented the report of the Locomotive Ad Hoc Committee meeting held on January 30, 1985, at which time the subject of relocation of Locomo- tive "3751" out of Viaduct Park was continued until their next meeting. (19) Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously, that the report of the Locomotive Ad Hoc Committee meeting of January 30, 1985 be received and filed. REPORT FROM LEGISLATIVE REVIEW COMMITTEE - JANUARY 30, 1985 Council Member Strickler presented the report of the Legislative Review Committee meeting held on January 31, 1985. Items discussed were: Standards for vacant build- ings in Parking District vacant in excess of 180 days and Cash in Lieu fee - Parking District. (20) . REVISED STANDARDS - BUILDINGS IN PARKING DISTRICT VACANT IN EXCESS OF 180 DAYS Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried to direct the City Attorney to prepare a resolution recommending revised standards for buildings in the Parking District vacant in excess of 180 days. 7 2/4/85 . APPROVAL OF PLAN - 1911 ACT PROJECT - ORANGE SHOW LANE BETWEEN "E" & ARROWHEAD In a memorandum dated January 16, 1985, Roger Hard- grave, Director of Public Works, explained that a delay from December of 1983 to the present time for the improve- ment of Orange Show Lane between "E" and Arrowhead had been caused by acquisition of necessary rights of way and rights of entry. (21) Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that Plan No. 6502 for the improvement of portions of Orange Show Lane between "D" Street and Arrowhead Avenue for the construction of curbs, gutters, paving, sidewalks, street lights and drainage facilities be approved. , ADJUSTMENT FOR SALARY RATES - CONSTRUCTION ENGINEERING TEAM - TIPPECANOE AVENUE BRIDGE In a memorandum dated January 9, 1985, Roger Hard- grave, Director of Public works/City Engineer, reported a need for salary adjustments for the construction engi- neering team for the Tippecanoe Avenue Bridge, and for provisional appointment of an Assistant Resident Bridge Eng ineer. (22) Council Member Marks made a motion, seconded by Council Member Castaneda and unanimously carried, that the salary rate for Resident Bridge Engineer be adjusted from an hourly rate of $32.00 to $33.50, for Assistant Resident Bridge Engineer from an hourly rate of $28.50 to $30.00, and for Bridge Construction Inspector from an hourly rate of $28.50 to $30.00. Council Member Marks made a motion, seconded by Council Member Castaneda and unanimously carried, that permission be granted to make a provisional temporary appointment of Mr. Joe Hoban as Assistant Resident Bridge Engineer. . UPGRADING LIGHTING SYSTEMS - LITTLE LEAGUE FIELDS IN WILDWOOD PARK In a memorandum dated January 24, 1985, Roger Hard- grave, Director of Public Works/City Engineer, reported that plans for the upgrading of lighting systems for the Little League fields in wildwood Park have been prepared, and the project is ready to be advertised for bids. (23) Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the plans for upgrading the lighting systems for the two Little League Baseball fields in Wildwood Park, in accor- dance with Plan No. 6667 be approved; and that the Direc- tor of Public Works/City Engineer be authorized to adver- tise for bids. PLACEMENT OF MARBLE STONE AND BRONZE PLAQUE - MARTIN LUTHER KING, JR. STATUE In a letter dated January 21, 1985, Lois Carson, Chairperson of the Martin Luther King, Jr. Statue Com- mittee, requested City participation for the placement of a marble stone and bronze plaque at the foot of the statue of Dr. Martin Luther King, Jr. (24) . Ms. Carson was present at the Council Meeting and spoke regarding this request and explained that the Martin Luther King, Jr. Statue Committee wishes to place this plaque at the statue so that in years to come, people will be aware of the significance of this statue and why it was placed at the entrance of City Hall. Funds for this project will be provided by the Martin Luther King, Jr., Statue Committee. 8 2/4/85 . Council Member Frazier made a motion, seconded by Council Member Hernandez and unanimously carried, to ap- prove the installation of the marble stone and bronze plaque at the foot of the statue of Dr. Martin Luther King, Jr., at a cost of $5,250.00. The work is to be done by the person who sculpted the statue. The sum of $1750.00 from the Statue Committee is to be placed with the City in an interest earning trust to take care of the statue for five years; after that, the City agrees to maintain the statue. John E. Bailey, who has maintained the statue in the past, is to continue this maintenance as long as he is available. READING AND WAIVING OF ALL RESOLUTIONS City Clerk Clark read the titles of all the resolu- tions on the Agenda. Council Member Castaneda made a motion, seconded by Council Member Frazier and unanimously carried, that fur- ther reading of all the resolutions on the Agenda be waived. . RES. 85-50 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH "THE COUNSELING TEAM" FOR PROVIDING AN EMPLOYEE ASSISTANCE PROGRAM FOR SWORN OFFICERS. (25) Council Member Marks made a motion, seconded by Council Member Quiel, that said resolution be adopted. Resolution 85-50 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-51 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPOINTING ELECTION OFFICERS AND DESIGNATING POLLING PLACES PURSUANT TO SECTION 2.56.110 OF THE SAN BERNARDINO MUNICIPAL CODE FOR THE PRIMARY ELECTION TO BE HELD MARCH 5, 1985. (26) Counci 1 Member Marks made a motion, seconded by Council Member Quiel, that said resolution be adopted. . Resolution 85-51 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-52 - 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. (286 AND 286 1/2 EAST 4TH STREET, 2239 WEST 8TH STREET, 898 EAST BASELINE, 868 NORTH "H" STREET, 438 WEST 16TH STREET, 1994 NORTH FLORES, 3282 NORTH ARROWHEAD, 3621 NORTH GOLDEN). (27) Resolution 85-52 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. . 9 2/4/85 . RES. 85-53 - RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER WORK IN PORTIONS OF ORANGE SHOW LANE BE- TWEEN "E" STREET AND ARROWHEAD AVENUE, IN THE CITY OF SAN BERNARDINO, AS SHOWN ON PLAN NO. 6502. (28) Resolution 85-53 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. . RES. 85-54 OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 8234 ENTITLED IN PART "A RESOLUTION . . . ESTABLISHING PARK- ING TIME LIMITATIONS UPON CERTAIN DESIG- NATED STREETS OR ALLEYS, OR PORTIONS THEREOF. . ."; REMOVING THE 2-HOUR PARKING LIMITATION ON THE EAST SIDE OF "E" STREET BETWEEN 14TH STREET AND MAGNOLIA AVENUE, AND ESTABLISHING A I-HOUR PARKING LIMITA- TION ON THE NORTH SIDE OF RED LANDS BOULE- VARD IN FRONT OF RAMSEY McCUE IMPORTED MOTOR CARS. (29) Resolution 85-54 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-55 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 5428 ENTITLED IN PART "A RESOLUTION . . . DES- IGNATING CERTAIN STREET INTERSECTIONS WHEREIN TRAFFIC IN RIGHT LANES MUST TURN RIGHT", AND AUTHORIZING THE INSTALLATION OF A "RIGHT TURN ONLY" LANE FOR SOUTHBOUND WATERMAN AVENUE TRAFFIC AT HOSPITALITY LANE, AND NORTHBOUND UNIVERSITY PARKWAY TRAFFIC AT STATE STREET. (30) Counc i 1 Member Ma rks made a mot i on, seconded by Council Member Hernandez, that said resolution be adopted. . Resolution 85-55 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. RES. 85-56 - RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN BERNARDINO FOR THE ANNEXATION OF 73 ACRES OF UNINHABITED TERRITORY LOCATED NORTH OF JUNE STREET, WEST OF CAJON BOU- LEVARD. (31) Council Member Marks made a motion, seconded by Council Member Hernandez, that said resolution be adop- ted. Resolution 85-56 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. . RES. 85-57 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PERSONNEL RESEARCH CENTER FOR CONSULTING SERVICES FOR CLAS- SIFICATION STUDY. (32) 10 2/4/85 . council Member Harks made a motion, seconded by council Member Hernandez and unanimously carried, that said resolution be adopted. Ayes: Marks, None. Resolution 85-57 was adopted by the following vote: Council Members Castaneda, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: RES. 85-58 - RESOLUTION OF 'rHE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMEWf WITH HYATT COMPANY FOR CONSULTING SERVICES ON CITY'S INSURANCE AND BENEFIT PROGRAMS. (33) Council Member Marks made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution 85-58 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. . RES. 85-59 - RESOLUTION OF THE CITY m' SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE CITY ATTORNEY'S OFFICE. (34) Council Member fvlarks made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Ayes: Marks, None. Resolution 85-59 was adopted by the following vote: Council Members Castaneda, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: . RES, 85-60 - RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING APPRAISER'S DETERMI- NATION OF FAIR MARKET VALUE OF VACANT LNJD LOCATED ON THE NORTH SIDE OF PENNSYLVANIA AVENUE EXTENDED, BETWEEN MAGNOLIA AVENUE AND LITTLE LEAGUE DRIVE IN THE CITY OF SAN BERNARDINO, RATIFYING OFFERS FOR UNDIVIDED INTERESTS BASED ON THE FAIR MARKET VALUE OF SAID PROPER'fY, AND MAKING FINDINGS AND DETERMINATIONS RELATING TO THE NECESSITY OF ACQUIRING CERTAIN DESCRIBED REAL PROPERTY AT SAID LOCATION FOR A STREET RIGHT OF WAY AND AUTHORIZING THE CITY AT'rORNEY TO Cm1- MENCE AND PROSECUTE EMINENT DOMAIN PRO- CEEDINGS. (35) Council Member Marks made a motion, seconded by Council Member Hernandez that said resolution be adopted. Resolution 85-60 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None, . RES. 8~-61 - RESOLUTION OF THE CITY OF Sju~ BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENTS FOR Gmu,T ALLOCATIONS FOR FISCAL YEAR 1984-85 WITH BALLET FOLKLORICO CUL- TURAL, MUSIC FOR WHISTLE, PIPES & FLUTES, COMMUNITY ARTS PRODUCTIONS, THEATRE FES- TIVAL FOR YOUNG AUDIENCES, SAN BERNARDINO ART ASSOCIATION, INLAND EMPIRE SYMPHONY, AND SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION. (36) 11 2/4/85 Counc i 1 Member Ma rk s made a mot i on, seconded by Council Member Hernandez, that said resolution be adopted. . Ayes: Marks, None. Resolution 85-61 was adopted by the following vote: Council Members Castaneda, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: WAIVING AND READING OF ORDINANCES City Clerk Clark read the titles of all the ordi- nances on the agenda. Council Member Castaneda made a motion, seconded by Council Member Hernandez and unanimously carried, that first and final readings of all the ordinances on the agenda be waived. . ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCOR- PORATED BY REFERENCE IN SECTION 29.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PE- TITION NO. 84-28, GENERALLY LOCATED AT THE NORTHEAST CORNER OF MILL STREET AND WATER- MAN AVENUE). (38) Council Member Castaneda made a motion, seconded by Council Member Hernandez 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 INCOR- PORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PE- TITION NO. 84-25, LOCATED ON KENDALL DRIVE, WEST OF PINE AVENUE AND EAST OF CABLE CREEK CHANNEL) . (37) COUNCIL MEMBER FRAZIER LEFT Council Member Frazier left the Council Meeting. . Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that said ordinance be laid over for final passage subject to ap- propriate waiver of density bonus being executed by owners of property and that it be recorded to run with the land. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SECTIONS 10.52.030 AND 10.52.050 OF THE SAN BERNARDINO MUNICIPAL CODE ES- TABLISHING A SPEED ZONE ON NORTH PARK BOUL- EVARD OF 40 MPH FROM ELECTRIC AVENUE TO LITTLE MOUNTAIN DRIVE AND 50 MPH FROM LITTLE MOUNTAIN DRIVE TO UNIVERSITY PARK- WAY. (40) Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that said ordinance be laid over for final passage. . 12 2/4/85 . ORDINANCE OF THE CITY OF SAN BERNARDINO FIRST AMENDING SECTION 19.66.030 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO PETITION APPROVING ADDITION OR ALTERATION TO BE SUBMITTED WITH APPLICATION FOR VAR- IANCE AND ADDING PROVISIONS TO APPLY WHEN SUCH PETITION CANNOT BE OBTAINED. (39) City Attorney Prince answered questions. Council Member Frazier made a motion, seconded by Council Member Strickler and unanimously carried, that said ordinance be laid over for final passage. ORD. MC-433 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING CHAPTER 3.38.040 TO ADD PARAGRAPH C TO PROVIDE AN EXEMPTION FROM THE STORM DRAINAGE FEE FOR THE CONSTRUCTION OF ANY BUILDINGS ON A SITE PREVIOUSLY DE- VELOPED EXCEPT TO THE EXTENT THE FEE FOR THE NEW CONSTRUCTION EXCEEDS THE FEE FOR THE PREVIOUS CONSTRUCTION. (41) . Council Member Strickler made a motion, seconded by Council Member Quiel, that said ordinance be adopted. Ordinance MC-433 was adopted by the following vote: Ayes: Council Member Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. ORD. MC-434 - ORDINANCE OF THE CITY OF SAN FINAL BERNARDINO AMENDING SECTION 10.52.020 OF THE SAN BERNARDINO MUNICIPAL CODE AUTHO- RIZING A 35 MPH SPEED LIMIT ON MARSHALL BOULEVARD BETWEEN WATERMAN AVENUE AND LITTLE MOUNTAIN DRIVE, AND ON FORTY-EIGHTH STREET BETWEEN ELECTRIC AVENUE AND KENDALL DRIVE; AND ABOLISHING THE 35 MPH SPEED LIMIT ON DAVID WAY BETWEEN FORTIETH STREET AND FORTY-FIFTH STREET. (42) Council Member Strickler made a motion, seconded by Council Member Quiel, that said ordinance be adopted. . Ordinance MC- 434 was adopted by the following vote: Council Member Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. GENERAL REPORTS AND CORRESPONDENCE Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the following items be filed: (43) a. Civil Service Eligibility Lists for: Youth Service Aide I & II - Open Fire Captain - Departmental Promotion Only b. Report relative to Reserve Sewer Capacity Rights - Raymond D. Schweitzer, Deputy City Administrator. . c. Application No. 85-01-011 before the Public Utilities Commission relating to the applica- tion of the Southern California Edison Company for authority to: reduce its conservation/ Load Management Adjustment billing factor; and make certain other changes. 13 2/4/85 d. Two alcoholic beverage control applications for the following new licenses: ., NEW Steven J. Mi ller dba Yesterday's 4508 N. Sierra Way On Sale General Lorenzo P. Gomez dba El Taco Cowboy #2 600 S. G Street On Sale Beer and Wine APPOINTMENT - PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION - ATTORNEY BRIAN J. SIMPSON Pursuant to a memorandum dated January 30, 1985 from Mayor Holcomb, Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the appointment of Attorney Brian J. Simpson, 1726 Mesa Verde Drive, to serve on the Parks, Recreation and Community Services Commission, be confirmed. BENCH AREA SIDEWALK REPAIRS In a memorandum dated January 22, 1985, Manuel P. Moreno, Jr., Director of Public Services, submitted an estimated cost for sidewalk repairs in the Bench Area. (S-2) . Council Member Marks made a motion, seconded by Council Member Castaneda and unanimously carried, to ap- prove the expenditure of $34,000 from the Ward 3 Resur- facing Account for sidewalk repair in the Bench Area. REVOCATION OF CONDITIONAL USE PERMIT NO. 671 - RUMOURS NIGHT CLUB, 4397 SIERRA WAY On January 21, 1985, the Mayor and Common Council heard the appeal filed by Attorney Toby Bowler for Robert J. Sullivan, owner of Rumours Night Club, 4397 Sierra Way, on the revocation of Conditional Use Permit No. 671, which was for a dance and live entertainment. The appeal was denied and the decision of the Planning Commission to revoke Conditional Use Permit No. 671 was affirmed. This decision was based on numerous complaints from surrounding residents and the amount of policy activity at the loca- tion. (S-3) . In a memorandum dated January 31, 1985, Ralph Prince, City Attorney, stated that pursuant to Code of civil Procedure Section 1094.6, a writ of mandate must be filed not later than the 90th day following the date a decision of denial of a Conditional Use Permit becomes final. In order to start this period running, it was recommended that the Statement of Decision be adopted as soon as possible. Counc i 1 Member Ma rks made a mot i on, seconded by Council Member Castaneda and unanimously carried, to adopt the Statement of Decision; Notice of Time Limits for Filing Petition for Writ of Mandate, and authorize and direct the City Clerk to serve a copy of such Statement and Notice to Robert Sullivan and his attorney, Toby Bowler. . LETTER OF DEMAND FOR DAMAGES - EUGENE DOUGHERTY, CANDIDATE FOR MAYOR In a document dated February 4, 1985, Eugene Dougherty, Candidate for Mayor in the March 5, 1985 Pri- mary Municipal Election, demanded the sum of one million dollars for alleged damages, when on two occasions he claimed that he was denied the right to be on City owned property to distribute political literature. 14 2/4/85 , Council Member Hernandez made a motion, seconded by Council Member Marks and unanimously carried, that this matter be discussed. City Attorney Prince read from Section 9.12.010 of the San Bernardino Municipal Code wherein it states that any person entering a government facility and willfully interferes with activities or causes a disturbance is guilty of a misdemeanor; and Section 9.12.030 of the San Bernardino Municipal Code, wherein it states that the Mayor or other designated person may notify any person causing a disturbance that consent to remain in a public building has been withdrawn, and may direct such person to leave the building. Any person who fails to leave or returns within seventy-two hours after being asked to leave is guilty of a misdemeanor. Mayor Holcomb stated that he had discussed this matter with Mr. Dougherty and at that time had told Mr. Dougherty that he had the right to distribute campaign materials as long as he did not interfere with the opera- tion of the center. . Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, to di- rect the City Attorney to prepare a letter to be distri- buted to all supervisors of community centers that poli- tical material can be distributed in any public facility so long as a disturbance is not created. RECESS ~lEE'rING At 10:00 a.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino recessed until 11:00 a.m. RECONVENE MEETING At 11:00 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 Pro Tempore Strickler, Council Members Castaneda, Reilly, Hernandez, Strickler. Senior Assistant City Attorney Briggs, City Clerk Clark. Absent: Mayor Holcomb; Council Members Marks, Quiel, Frazier; City Administrator Matzer. COMMUNITY DEVELOPMENT' COMMISSION/REDEVELOPMENT AGENCY - REGULAR MEETING The Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Vice Chairman Castaneda in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 85-62 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE PRELIMINARY PRO- GRAM DEFINITION AND ADVANCED PLANNING, INCLUDING DEMONSTRATION SITE AND MODEL SELEC'fION, TO ES'fABLISH AND DEVELOP AN IN- NOVATIVE TECHNOLOGICAL RESEARCH INDUSTRIAL CENTER WITHIN THE CITY OF SAN BERNARDINO. (R-2) The City Clerk read the title of the resolution. . Council Members discussed site selection. 15 2/4/85 , Jack Kelly, Executive Director of the Economic De- velopment Commission, answered questions and explained that February 15, 1985 is the cutoff date for submission of the application to the Department of Commerce. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that fur- ther reading of the resolution be waived and said reso- lution be adopted. Resolution No. 85-62 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Strickler. Noes: None. Absent: Council Members Marks, Quiel, Frazier. COUNCIL MEMBERS QUIEL AND MARKS ARRIVED At 11:07 a.m., Council Members Quiel arrived at the Council Meeting and took their the Council Table. and Marks places at MAYOR PRO TEMPORE - COUNCIL MEMBER QUIEL Mayor Pro Tempore Quiel assumed the duties of Mayor Pro Tempore from Council Member Strickler. . ECONOMIC LINKAGE PROGRAM In a memorandum dated January 28, 1985, Glenda Saul, Executive Director of the Redevelopment Agency explained that this program is designed to link the unemployed San Bernardino resident into development activities by creat- ing a public/private partnership between the City, the Redevelopment Agency, the Economic Development Council, the Private Industry Council and the private employer. (R-3) COUNCIL MEMBER FRAZIER ARRIVED Council Member Frazier arrived at the Council Meeting and took his place at the Council Table. Richard GOblirsch, Deputy Director of the Redevelop- ment Agency, answered questions regarding hiring of the unemployed. Mr. Goblirsch explained that there is an in- centive bonus provided for businesses to locate within the City of San Bernardino. However, the bonus is contingent upon the employer hiring the unemployed resident. . COUNCIL MEMBER CASTANEDA LEFT Council Member Castaneda left the Council Meeting. Council Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried to ap- prove the Employment Linkage Program, in concept, and to direct the staff to prepare the final program for Council consideration, via the Ways and Means Committee. RES. 85-63 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO RIVERSIDE CONSTRUCTION COMPANY FOR CONSTRUCTION OF STORM DRAIN AND PARKING LOT IMPROVEMENTS TO NUNEZ PARK SOUTH. (R-4) The City Clerk read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Marks, that further reading of the reso- lution be waived. . Resolution 85-63 was adopted by the following vote: Ayes: Council Members Reilly, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: Council Member Castaneda. Abstain: Council Member Hernandez. 16 2/4/85 COUNCIL MEMBER CASTANEDA RETURNED Council Member Castaneda returned to the Council Meeting and took his place at the Council Table. . WIDENING OF "E" STREET AND SIXTH STREET - NEW CENTRAL LIBRARY In a memorandum dated January 14, 1985, Roger Hard- grave, Director of Public Works/City Engineer, stated that plans, specifications and estimate for the widening of "E" Street and Sixth Street, adjacent to the new Central Li- brary, have been prepared and the project is ready to be advertised for bids. Due to the overrun of some items of work for the library, it is now planned to finance the widening of "E" Street and Sixth Street with Community Development Block Grant funds. (R-5) Council Member Marks made a motion, seconded by Council Member Strickler to approve the plans for widening "E" Street and Sixth Street in connection with the New Central Library, in accordance with Plan No. 6642; and the Director of Public Works/City Engineer, was authorized to advertise for bids. , The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler. Noes: Council Member Hernandez. Absent: None. CHANGE ORDER NO. TWO - NEW CENTRAL LIBRARY - MARK COX ELECTRIC In a memorandum dated January 24, 1985, Roger Hard- grave, Director of Public Works/City Engineer, reported on the proposed electrical change orders to the New Central Library and stated that funds are available for this change order in the latest budget vs. bid analysis dated December 6, 1984. (R-6) , Council Member Marks made a motion, seconded by Council Member Castaneda and unanimously carried, that Change Order No. Two to the contract with Mark Cox Elec- tric, Inc., for construction of electrical facilities for the New Central Library, in accordance with Plan No. 6464, be approved, to authorize the provision of a TV outlet, additional phone jack, delete fixtures in the skylight, revise ceiling and security wiring, at an increase of $5,444.91 in the contract price, from $495,798.00 to $50l,242.9l. ON-SITE WORK - NEW CENTRAL LIBRARY In a memorandum dated January 30, 1985, Roger Hard- grave, Director of Public Works/City Engineer, reported that plans for the on-site work at the New Central Library have been prepared by the Architect, and the project is ready to be advertised for bids. I tems of work included in this bid package will be landscaping, irrigation sys- tem, and parking lot. (R-7) Counc i 1 Member Ma rks made a mot i on, seconded by Council Member Castaneda and unanimously carried, that the plans for construction of on-site work for the New Central Library, in accordance with Plan No. 6468, be approved; and the Director of Public Works/City Engineer be autho- rized to advertise for bids. . CHANGE ORDER NO. TWO - NEW CENTRAL LIBRARY - BERRY CONSTRUCTION In a memorandum dated January 30, 1985, Roger Hard- grave, Director of Public Works/City Engineer, reported that this change order will correct eight problems dis- covered with the plans during construction. (R-8). 17 2/4/85 . Counc i 1 Membe r Ma rks made a mot i on, seconded by Council Member Frazier, and unanimously carried, to ap- prove Change Order No. Two to the contract with Berry Construction, Inc. for construction of interior for the New Central Library, in accordance with Plan No. 6467; to authorize various items of work to correct problems with the plans, at an increase in the contract price of $6,212.00, from $1,603,977.00 to $1,610,189.00. PARKING WITHIN FIVE LEVEL PARKING STRUCTURE REPORT A report dated January 30, 1985 from John Matzer, Jr., City Administrator on Assignment of Parking Within The 5-Level Parking Structure was presented. (R-9) Council Member Marks made a motion, seconded by Council Member Castaneda and unanimously carried, that the report from City Administrator on assignment of parking within the five-level parking structure be referred to the Ways and Means Committee. COUNCIL MEMBER FRAZIER LEFT Council Member Frazier left the Council Meeting. . PUBLIC HEARING - DISPOSITION AND JOINT DEVELOPMENT AGREEMENT - MILES AND HALL This is the time and place set for a public hearing to consider a Disposition and Joint Development Agreement with Miles and Hall Partnership, for property in the Southeast Industrial Park project area. (R-ll) Vice Chairman Castaneda opened the hearing. Council Member Quiel made a motion, seconded by Council Member Castaneda and unanimously carried, that the hearing be closed. RES. 85-64 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING SALE OF CERTAIN REAL ESTATE IN SOUTHEAST INDUSTRIAL PARK PROJECT AREA BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, TO MILES AND HALL PARTNERSHIP (HEALTH AND SAFETY CODE SECTION 33433) . . Counci 1 Member Quiel made a motion, seconded by Council Member Castaneda, that further reading of the resolution be waived and that said resolution be adopted. Resolution No. 85-64 was adopted by the fOllowing vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Frazier. COUNCIL MEMBER FRAZIER RETURNED Council Member Frazier returned to the Council Meet- ing and took his place at the Council Table. . STATUS REPORT - AMERICAN CITY CORPORATION STUDY - GREATER SAN BERNARDINO In a memorandum dated January 29, 1985, Glenda Saul, Executive Director, Redevelopment Agency, presented a Status Report from Frank Schuma, Planning Director, and Warren Knudson, Finance Director, in which it was reported that on March 19, 1984, the American City Corporation was awarded a contract by the Joint Powers Authority for a Greater San Bernardino to complete a master development plan for downtown San Bernardino. 18 2/4/85 . It was further reported that on January 21, 1985, the Community Development Commission authorized increasing the Redevelopment Agency contribution to the Authority for Greater San Bernardino by $100,000 and instructed staff to prepare a status report on the City's contract with Ameri- can City Corporation. Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that the Status Report prepared by the Planning Director and Fi- nance Director on the American City Corporation Study -Greater San Bernardino, be received and filed. (R-15) RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING POLICY GUIDELINES ON BOND SALE PROCEDURES. Glenda Saul, Executive Director of Agency requested that the resolution guipelines on bond sale procedures be Council Meeting of February 18, 1985. the Redevelopment approving policy continued to the (R-16) . Counci 1 Member Marks made a motion, seconded by Council Member Hernandez and unanimously carried, that the resolution approving policy guidelines on bond sale pro- cedures be continued to the Council Meeting of February 18, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. FY 85-86 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM MIX AND BUDGET CONSIDERATIONS In a memorandum from Glenda Saul, Executive Director of the Redevelopment Agency, it was reported that noti- fication has been received that the Redevelopment Agency can expect ninety-five percent of their FY 84/85 alloca- tion from the FY 85/86 Community Development Block Grant Program, which computes to $1,909,500 for the upcoming year. (R-22) . Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the FY 85-86 Community Development Block Program Mix and Budget Considerations be referred to the Ways and Means Committee with a report back at the Council Meeting of February 18, 1985. NICHOLSON PARK COMMUNITY CENTER NEEDS ASSESSMENT In a memorandum dated January 28, 1985, Annie F. Ramos, Director of Parks, Recreation and Community Ser- vices, presented a needs assessment for a community center at Nicholson Park. The report cites a need for a facility to promote positive and useful activities for the commu- nity. It further reflects the fact that there is a greater number of San Bernardino residents in the area than Rialto residents. The general population of these areas falls in the low income and senior citizen cate- gories and is within CDBG income level. (R-23) Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, to ap- prove in principle the architectural design and construc- tion of a community center at the Nicholson Park site. . 19 2/4/85 . RES. 85-65 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MIRALLES ASSOCIATES, INC. RELATING TO PROVIDING ARCHITECTURAL SER- VICES FOR CONSTRUCTION OF A COMMUNITY CENTER FOR THE BENCH AREA. (R-24) Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that further reading of the resolution be waived and that said resolution be adopted. Ayes: Marks, None. Resolution 85-65 was adopted by the following vote: Council Members Castaneda, Reilly, Hernandez, Quiel, Frazier, Strickler. Noes: None. Absent: MAYOR HOLCOMB ARRIVED Mayor Holcomb arrived at the Council Meeting and took his place at the Council Table. . MILL COMMUNITY CENTER - PAYMENT OF ONE-HALF THE COST OF ADDITIONAL MATERIAL In a memorandum dated February 4, 1985, Roger Hard- grave, Director of Public Works/City Engineer reported a cost of $3,950.00 for additional materials to repair Mill Community Center. To avoid further damage by weather and vandals, it was recommended that approval be given to pay one-half the cost, while further efforts are made to collect one-half of the cost from Mr. Bonadiman. Allen Briggs, Senior Assistant City Attorney, stated that Mr. Bonadiman has agreed to pay only one-half of what the City spends on repairs. Counc i 1 Member Qu i el made a mot i on, seconded by Council Member Reilly and unanimously carried, that the City's Department of Public Works be authorized to pay for the necessary materials to complete Mill Center, with the right to process litigation and claims against all re- sponsible parties and that a report be brought back upon completion of the project as to what cost the City has expended. Funds for this repair are to come from the Community Development contingency fund. . CLOSED SESSION -RECESS MEETING At 11:37 a.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino recessed to a Closed Session. STATEMENT FROM MAYOR Mayor Holcomb announced that the Common Council will recess to closed session to meet with its designated rep- resentatives regarding labor relations matters pursuant to Government Code Section 54957.6. CLOSED SESSION At 11:37 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 Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. 20 2/4/85 . ADJOURN CLOSED SESSION At 11:45 a.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 11:45 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 Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. . MEMORANDUM OF UNDERSTANDING RE-OPENER PROPOSAL SAN BERNARDINO AND RIALTO FIREFIGHTERS, LOCAL 891 In a letter dated January 22, 1985, Skip Kulikoff, Executive Secretary for the San Bernardino and Rialto Fire Fighters Local 891, requested a contract re-opener meeting to discuss possible extension of their current contract and possible increase in the Public Employees Retirement System benefit. Counc i 1 Member Ma rks made a mot i on, seconded by Council Member Castaneda and unanimously carried, to au- thorize and direct the City Administrator and staff to meet with members of the San Bernardino City Fire Fighters Union for the purpose of reopening negotiations. (S-l) REDEVELOPMENT AGENCY MEETINGS - RECORDING OF MINUTES Counc i 1 Member Ma rks made a mot i on, seconded by Council Member Quiel and unanimously carried to refer to a Redevelopment Agency ad hoc committee the question of RDA minutes being taken by the City Clerk's Office. MOMENT OF SILENT MEDITATION - TALMAGE HUGHES Mayor Holcomb and members of the Common Council ob- served a moment of silent meditation for Talmage Hughes and adjourned in honor of his memory. . RECONVENE MEETING At 2:00 p.m., the Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Pro Tempore Quiel; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Mayor Holcomb; Council Member Frazier. . CHANGE OF ZONE NO. 84-26 - VALENCIA AVENUE SOUTH OF BERNARD WAY - ADJACENT TO HARRISON BASIN FLOOD CONTROL DIKE This is the time and place for consideration of the application for Change of Zone No. 84-26, Associated En- gineers, Applicant, William Hellyer, Owner, to change the land use zoning district from "0", Open Space to R-1-7200, Single Family Residential, minimum lot size of 7200 square 21 2/4/85 . feet, located on the centerline of Valencia Avenue south of the centerline of Bernard Way and adjacent to the Har- rison Basin Flood Control Dike, which was recommended for denial by the Planning Commission. (15) Frank Crosswhite, a representative from Associated Engineers, was present and stated that the area needs to be evaluated regarding the rezoning of the entire twenty-one acres, rather than the 3.36 acres of land in this project. Frank Schuma, Planning Director, stated that accord- ing to the General Plan in 1976, the recommendation was for open space, and the Planning Commission feels the area should be low density, four to seven units per acre. Robert Fullerton, 3255 Valencia Avenue, a resident of the area, spoke in favor of denial of the change of zone. . Counci 1 Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, to ap- prove the findings and recommendation of the Planning Commission for denial. APPEAL - PLANNING COMMISSION'S DECISION - VARIANCE NO. 84-29 - TO CONSTRUCT 3,750 SQUARE FOOT ADDITION TO EXISTING CHAMBER OF COMMERCE FACILITY - PARKING REQUIREMENTS This is the time and place for an appeal hearing filed by the San Bernardino Area Chamber of Commerce, on the Planning Commission's decision of denial for Variance No. 84-29, to construct a 3,750 square foot addition to the existing Chamber of Commerce facility for the purpose of future parking requirements. (16) A letter was presented from Stephen Whitney, City Librarian, written for the Board of Trustees of the San Bernardino Public Library, expressing the Library Board's willingness to share parking at the New Central Library on a reciprocal basis with the Chamber of Commerce. . Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, to over- ride the decision of the Planning Commission, approve Variance No. 84-29, and direct the Planning staff to come back at the February 18, 1985 Council meeting with find- ings in support of that variance. Council Member Marks made a motion, seconded by Council Member Strickler to direct the Redevelopment Agency staff and the City Ad- ministrator to investigate the possibility of acquiring by eminent domain or any other legal means property in the vicinity of the Chamber of Commerce for the purpose of future parking requirements and working on the scenario of joint participation from Chamber and any other non-profit government entity in the community. The motion carried by the following vote: Council Members Castaneda, Reilly, Marks, Quiel, Strickler. Noes: Council Member Hernandez. None. Ayes: Frazier, Absent: . APPEAL - PLANNING COMMISSION'S DECISION - CONDITIONAL USE PERMIT NO. 84-61 - 247 E. 40TH STREET - CONTINUED FROM JANUARY 21, 1985 This is the time and place continued to for an appeal hearing filed by Peter D'Amico, Best California Gas, Ltd., on the Planning Commission's decision of approval for Conditional Use Permit No. 84-61 to permit a mini 22 2/4/85 market in conjunction with an existing service station in the C-3A, Limited General Commercial Zone at 247 E. 40th Street. (7) . Mayor Pro Tempore Quiel opened the hearing. Counc i 1 Member Ma rks made a mot i on, seconded by Council Member Reilly and unanimously carried, that the appeal hearing be closed and the decision of the Planning Commission for denial be affirmed. REPORT FROM PLANNING DEPARTMENT - ALTERNATIVE FINANCING INCENTIVES AND OTHER INCENTIVES IN LIEU OF DENSITY BONUSES Frank Schuma, Planning Director, presented a recom- mendation to adopt a resolution establish a mechanism for density bonuses with the City of San Bernardino. (8) . A memorandum dated February 4, 1985, was received from Ralph Prince, City Attorney, stating that Assemblyman Eaves is introducing a bill which would amend the density bonus provisions of the Government Code. The proposed amendment allows the mechanisms whereby a city, such as the City of San Bernardino, where market forces maintain the cost of housing at rates which are at or below those to be provided pursuant to Government Code Section 65915, would be excused from density bonus requirements of that section. Murray Simeon, 1529 Indian Trail, complained regard- ing high density of housing in the northwest portion of the Sixth Ward and the need for the City of San Bernardino to develop employment opportunities for skilled labor. Joy Kolstad, 1542 Indian Trail, spoke in appreciation of the Council's action to limit density bonuses. MAYOR HOLCOMB ARRIVED At 2:45 p.m., Mayor Holcomb arrived at the Council Meeting and took his place at the Council Table. John Wilson, Deputy City Attorney, answered questions regarding the resolution proposed by the Planning Depart- ment. . RES. 85-66 - RESOLUTION OF THE CITY OF BERNARDINO ADOPTING PROCEDURES FOR GRANT OF DENSITY BONUS OR EQUIVALENT NANCIAL VALUE. SAN THE FI- Counci 1 Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to amend the resolution be interdelineation as follows: page 2, line 23 to add to the first sentence "subject to the recom- mendation of the Planning Commission and approval of the Mayor and Common CounciL", and on page 4, line 2, to be correct to read: "The recommendation of the Planning Com- mission to the Mayor and Common Council shall be made in writing no later than ninety days after receipt of appli- cation.", and to adopt the resolution as amended. Resolution 85-66 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler. Noes: None. Absent: None. . counci 1 Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, to instruct the City Attorney and the Planning Department to inves- tigate final reading of ordinances adopting changes of zones for a period not to exceed one year from date of approval by the Mayor and Common Councilor pending ap- 23 2/4/85 . proval of a conditional Use Permit/Review of Plans and approval of building permits, with a report back to Coun- cil with a recommendation at the February 18, 1985 meet- ing. Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, to authorize and direct the City Attorney to provide proposed draft legislation for consideration by Assemblyman Eaves which would provide legal exemption for the City of San Bernar- dino from the State density bonus program, utilizing the two points raised before: 1) SCAG 82 on low and moderate income housing stock in the City of San Bernardino; 2) the impact on the ability of this community to provide ade- quate public services. John Wilson, Deputy City Attorney, answered questions and explained that if the market rental level in the City of San Bernardino is lower than the Section 8 provisions of the Department of Housing and Urban Development, the City is already providing its required amount of low and moderate income housing and therefore should be excluded from density bonus requirements. . A resident from 1539 Indian Trail spoke regarding housing in the City. The Mayor and Common Council discussed mechanisms for upscale housing bonuses. Counci 1 Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, to direct staff to analyze and come up with a program for low den- sity and upscale housing bonus alternatives. This would be a program in which developers would be encouraged to provide more upscale housing than heretofore. This report is to be presented at the Council Meeting of March 18, 1985. ADJOURN MEETING At 3:23 p.m., Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the meeting be adjourned. . ~#Jlt?~Ab ./ City lerk . 24 2/4/85