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HomeMy WebLinkAbout01-20-1993 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING JANUARY 20, 1993 COUNCIL CHAMBERS This is the time and place set for an adjourned regular meeting of the Mayor and Common Council of the city of San Bernardino at an adjourned regular meeting held at 8: 35 a.m., Monday, January 11, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the Order of Adjournment of said meeting held on January 11, 1993, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 10: 00 a.m., Thursday, January 14, 1993, on the door of the place at which said meeting was held. The adjourned regular meeting was called to order by Mayor Holcomb at 9:31 a.m., Wednesday, January 20, 1993, in the Council Chambers of City Hall, 300 North "0" street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman; City Clerk Rachel Clark. Absent: Council Member Estrada; City Administrator Shauna Clark. READING OF RESOLUTIONS AND ORDINANCES Deputy City Clerk Jones read the titles of all resolutions and ordinances on the regular, supplemental, Community Development Commission agendas prior to the calling the meeting to order. the and Mayor CLOSED SESSION (1) The Mayor and Common Council did not recess to closed session during this meeting. INVOCATION The invocation was given by Dr. Thomas S. Harvick of Central Christian Church. <'...- PLEDGE The pledge of allegiance was led by Council Member Maudsley. 1 1/20/93 ,- COUNCIL MEMBER ESTRADA ARRIVED At 9:33 a.m., Council Member Estrada arrived at the Council meeting and took her place at the council table. CITY ADMINISTRATOR SHAUNA CLARK ARRIVED At 9:33 a.m., City Administrator Shauna Clark arrived at the Council meeting. SERVICE PIN AWARD CEREMONY (4) J. Lorraine Velarde, Executive Assistant to the Mayor, read the names of each employee receiving service pin awards. Each employee received a service pin from Mayor Holcomb in gratitude of hiS/her many years of dedicated service to the City. ANNOUNCEMENT BY COUNCIL MEMBER MINOR (2) Council Member Minor announced that he and Council Member Reilly had attended the San Bernardino Police Reserves Awards Dinner where awards were presented to individuals who donated time and other activities connected with the Police Department. Time donated by the San Bernardino Police Department Reserves amounted to an equivalent of $325,000 in salaries for police officers. ANNOUNCEMENT BY COUNCIL MEMBER ESTRADA (2) Council Member Estrada commended the Public Services Department for their outstanding service during the recent rain storms. ANNOUNCEMENT BY COUNCIL MEMBER REILLY (2) Council Member Reilly 1993, at 8:00 a.m., the sponsor a cleanup day with SchOOl. announced that saturday, January 23, Baseline Merchants Association will a kick-off pancake breakfast at Riley ANNOUNCEMENT BY COUNCIL MEMBER MINOR (2) Council Member Minor explained the procedures for speaking under public comments. PUBLIC COMMENTS - ROGER DUMAS (3) Roger Dumas, a that he be allowed debates. resident of San Bernardino, equal media access during CA, the requested election 2 1/20/93 PUBLIC COMMENTS - JAMES ELDER (3) James Elder, P. O. Box 7039, San Bernardino, CA, presented Mayor Holcomb with a certificate of appreciation for his efforts relating to gang and drug prevention. Mayor Holcomb accepted the certificate. PUBLIC COMMENTS - DAVID OBERHELMAN (3) David Oberhelman, 5395 Leroy Street, San Bernardino, CA, candidate for the Fourth Ward, voiced concern regarding the negative perception of how City government operates; and the negotiation of a settlement regarding the Stubblefield Construction Company case. PUBLIC COMMENTS - JOHN STEVENS (3) John Stevens, 3097 N. pershing Avenue, San Bernardino, CA, announced that on Friday, January 22, 1993, at 7:00 p.m., Channel 3 would air a forum concerning the proposal to transport low- level radioactive waste through the County of San Bernardino to Ward Valley located in the vicinity of Needles, CA. PUBLIC COMMENTS - JEFF WRIGHT (3) Jeff Wright, P. O. Box 2341. San Bernardino. CA. concern on the rules of addressing the Mayor and Council the public comments session of the agenda. voiced during WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (5) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and community Development Commission agendas, be waived. CHANGE ORDER NO. ONE - MODIFICATION OF TRAFFIC AT KENDALL DRIVE & UNIVERSITY PARKWAY - PAUL CORPORATION SIGNALS GARDNER (6) In a memorandum dated December 18, 1992, Roger G. Hardgrave, Director of Public Services, reported that the contractor, Paul Gardner Corporation, has stated that the existing asphalt concrete pavement on Uni versi ty Parkway, for northbound traffic approaching Kendall Drive, is not adequate for installation of traffic signal inductive loops to be installed under this contract. Therefore, it is necessary for the contractor to place an overlay, where the new loops are to be installed. 3 1/20/93 Southern California Edison's steel transmission tower, at the northwest corner of the intersection, has recently been removed. It is proposed that the curb return be widened to the planned ultimate width on Kendall Drive; and that the traffic signal poles be installed to match the new curb return. The total estimated project cost is $12,004. council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that Change Order No. One to the contract with Paul Gardner corp., for the modification of traffic signals at Kendall Drive and University Parkway, in accordance with Plan No. 7754/8299, be approved; to authorize the contractor to provide an A. C. overlay for the installation of traffic signal loops (for northbound traffic) and to widen the northwest corner of the intersection, to accommodate traffic turning west onto Kendall Drive, at an increase in the contract price of $10,382.50; from $69,996.00 to $ 80,378.50. IN-FILL STREET IMPROVEMENTS ON KENDALL DRIVE, HIGHLAND AVENUE & STATE STREET - APPROVAL OF PLANS (8) In a memorandum dated January 5, 1993, Roger G. Hardgrave, Director of Public Works/City Engineer, stated that authorization was granted in 1989 to proceed with in-fill street improvements for 53 parcels, which were divided into seven groups. After significant protests were received from the fourth group, a program was developed by the Economic Development Agency to finance 50% of the cost from bond proceeds. The EDA has determined that a finding of mutual benefit could be made on 12 of the parcels. Authorization to proceed with these 12 parcels was granted at the Council meeting of September 3, 1991. Resolution No. 91-137, adopted on April 15, 1991, stipulates that the city would finance 50% of the cost for each parcel for which the owner agrees, within a specified time frame, to participate. Owners who are willing to participate would need to fill out an application form. The owners of five parcels have agreed to participate in the program, by paying 50% of the cost to install in-fill improvements adjacent to their properties. The parcels are listed as follows: 266-221-05, 266-221-06, 266- 221-07, 266-221-12 and 268-351-11. Plans have been prepared, and the project is ready to be advertised for bids. The total estimated project cost is $36,673.75. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the plans for construction of in-fill street improvements at four (4) locations on Kendall Drive, and at Highland Avenue and State Street, in accordance with Plan No. 8841, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids. 4 1/20/93 CLAIMS AND PAYROLL (11) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the claims and payroll, and the authorization to issue warrants as listed on the memorandum dated January 13, 1993 from the Director of Finance, be approved. PERSONNEL ACTIONS (12) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the personnel actions submitted by the Chief Examiner dated January 7, 1993, in accordance with all administrative regulations of the City of San Bernardino, be approved. JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (13) Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the regular meeting of the Joint Powers Financing Authority be adjourned to February 15, 1993. RES. 93-9 - RESOLUTION OF THE CITY OF AUTHORIZING THE EXECUTION OF AGREEMENT PAUL M.D., RELATING TO MEDICAL SERVICES. SAN BERNARDINO WITH CAREY B. (14) RES. 93-10 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ASSIGNMENT OF THE LEASE OF FISCALINI FIELD FROM DON NOMURA TO ELMORE SPORTS GROUP LTD. SUBJECT TO THE REVIEW AND APPROVAL OF THE FINAL ASSIGNMENT DOCUMENTS. (16) RES. 93-11 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6429 ENTITLED IN PART "A RESOLUTION. . ESTABLISHING A BASIC COMPENSATION PLAN FOR OFFICERS AND/OR EMPLOYEES OF THE POLICE AND FIRE DEPARTMENTS OF THE CITY OF SAN BERNARDINO AND REPEALING RESOLUTION NO. 92-457." (17) RES. 93-12 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION. .PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS OR PORTIONS THEREOF, OR OTHER CITY PROPERTY. ." TO RESERVE 18 PARKING SPACES FOR THE EXCLUSIVE USE OF THE CITY PARKS AND RECREATION EMPLOYEES, ON THE PUBLIC PARKING LOT LOCATED ON THE SOUTHEAST CORNER OF SIERRA WAY AND SIXTH STREET, APPLICABLE ONLY FROM MONDAY THROUGH FRIDAY BETWEEN THE HOURS OF SEVEN A.M. AND FIVE P.M. (18) 5 1/20/93 council Member Minor made a motion, seconded by Member Miller, that said resolutions be adopted. Council Resolution Nos. 93-9, 93-10, 93-11, and 93-12 were by the fOllowing vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: Absent: None. adopted Reilly, None. ORD. MC-859 - ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.04, SECTION 19.04.030(2) (C) OF THE SAN BERNARDINO MUNICIPAL (DEVELOPMENT) CODE PERTAINING TO LARGE FAMILY DAY CARE HOMES. Final (20) ORD. MC-860 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.56.105 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE POWER OF THE CITY CLERK TO CONTRACT WITH CIVIC AND SERVICE ORGANIZATIONS TO PROVIDE INDIVIDUALS TO SERVE ON PRECINCT BOARDS IN ELECTIONS. Final (21) Council Member Minor made a motion, seconded by Council Member Miller, that said ordinances be adopted. Ordinances MC-859 and MC-860 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH VERNADETTE L. JORDAN FOR SERVICES AS THE CLERICAL STAFF TO THE ADULT BASIC EDUCATION PROGRAM. (15) RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO OCTEL COMMUNICATIONS CORPORATION FOR THE FURNISHING OF A VOICE PROCESSING SYSTEM, TO BE UTILIZED BY THE TELECOMMUNICATIONS DIVISION PROVIDING SERVICE FOR THE CITY CLERK'S OFFICE AND THE ECONOMIC DEVELOPMENT AGENCY. (19) Council Member Minor made a motion, seconded by Council Member Miller, and unanimOUSly carried, that said resolutions be tabled. CHANGE ORDER NO. TWO - INSTALLATION OF LITTLE MOUNTAIN DRIVE, RANCHO AVENUE, AVENUE - PALADIN CONSTRUCTION, INC. GUARD RAIL ON AND WATERMAN (7) 6 1/20/93 In a memorandum dated January 6, 1993, Roger G. Hardgrave, Director of Public Works/city Engineer, stated that Caltrans is requiring the contractor to provide a Railroad Protective Insurance POlicy while performing the removal of the existing concrete rail and the installation of the new Type 26 concrete barrier on Waterman Avenue, at the Southern Pacific Railroad overpass south of Redlands Boulevard. The contractor is expected to purchase the insurance policy and be reimbursed for the costs incurred. Change Order No. One deleted a portion of the temporary "K" Rail, and decreased the contract price by $7,752. There is a total of $38,456.50 in contingencies available to finance the additional costs of the Railroad Protective Insurance Policy. Caltrans is expected to participate in financing of 90% of the additional costs, utilizing Federal-Aid High Hazard Elimination funds. Discussion was held regarding the Railroad Protective Insurance Policy requirement. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that change Order No. Two to the contract with Paladin Construction, Inc., for the installation of guardrail on Little Mountain Drive, Rancho Avenue, and Waterman Avenue, in accordance with Plan No. 8262, be approved. to authorize the contractor to provide a Railroad Protective Liability Insurance POlicy, at an increase in the contract price of $6,900; from $172,543.50 to $179,443.50. DECERTIFICATION/RECOGNITION ELECTION RESULTS - GENERAL EMPLOYEES BARGAINING UNIT (9) In a memorandum dated January 12, 1993, Barbara Dillon, Director of Personnel, stated that in October 1992, the San Bernardino Public Employees Association (SBPEA) challenged the incumbent organization, the American Federation of state, County and Municipal Employees (AFSCME). Pursuant to the Rules and Regulations Implementing Employer- Employee Relations and provisions Governing Decertification- Recognition of Bargaining units, a secret ballot election was conducted to resolve the questions as to which employee organization shall be accorded exclusive representation rights on matters affecting employees' wages, hours, and other terms and conditions of employment. 7 1/20/93 The secret ballot election was conducted under the supervision of the state of California Mediation and Conciliation Service. A total of 551 general unit employees were eligible to vote. Notices of Election were posted between December 11 and December 16, 1992; and ballots were mailed to all eligible employees on December 28, 1992. On Tuesday, January 12, 1993, ballots were counted under the supervision of Draza Mrvichin of the State Mediation and Conciliation Service. union observers were: Norma Allie for ASFCME, Local #122, AFL-CIO, and Chris Gonzales for SBPEA. Assisting Mr. Mrvichin were Tom McCarthy and Douglas Thompson of the State Mediation and Conciliation Service. Also present on behalf of the City were: Barbara Dillon, Director of Personnel; Diane Roth, Deputy city Attorney; Rachel Clark, City Clerk; Melanie Vale, Deputy City Clerk; and Brenda Wilder, Personnel Assistant. Of the 551 general unit employees eligible to participate in the election, 392 voted. The Results of Representation Election dated January 12, 1993 provides a detailed report on the number of ballots, and the final results of votes cast. The Results of Representation Election have been duly signed by Draza Mrvichin of the California State Mediation and Conciliation Service and by the respective observers. Bob Elliott, General Manager, San Bernardino Public Employees Association, introduced himself and introduced Malcom Simmons, the city's representative to the General Employees Bargaining unit. Council Member Minor made a motion, seconded by Council Member Pope-Ludlam, and unanimously carried, that the Mayor and Common Council acknowledge receipt of the Results of Representation Election dated January 12, 1993, and certify San Bernardino Public Employees' Association as the General Employees exclusive bargaining unit agent. TAXING OF SINGLE FAMILY RENTAL UNITS BUSINESS REGISTRATION PROCESS THROUGH THE (10) In a memorandum dated January 12, 1993, Council Member Ralph Hernandez stated that the City Clerk's Office charges a $60.00 fee for each business registration certificate issued to a single family rental unit. There is no certificate of occupancy required as a prerequisite to the issuance of the business registration permit. He requested that the subject of single family business registration certificates be referred to the Legislative Review Committee. A discussion was held regarding the requirement of property owners to apply for a certificate of occupancy prior to the issuance of a business registration certificate; and the additional costs that would be incurred by the property owner. 8 1/20/93 Council Member Pope-Ludlam made a motion, seconded by Council Member Minor, and unanimously carried, that the subject of taxing single family rental units through the business registration certificate process be referred to the Legislative Review Committee. RECONSIDERATION RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO OCTEL COMMUNICATIONS CORPORATION FOR THE FURNISHING OF A VOICE PROCESSING SYSTEM, TO BE UTILIZED BY THE TELECOMMUNICATIONS DIVISION PROVIDING SERVICE FOR THE CITY CLERK'S OFFICE AND THE ECONOMIC DEVELOPMENT AGENCY - (Discussed earlier in the meeting. See Page 6) (19) Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada, to reconsider Council action to table the resolution awarding a purchase order to Octel Communications corporation for a voice processing system. (Note: No vote was taken on the motion) RES. 93-13 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A INTER-JURISDICTIONAL DISCHARGE AGREEMENT WITH THE CITY OF RIALTO RELATING TO DISCHARGE OF WASTEWATER FROM THE CITY OF SAN BERNARDINO INTO RIALTO'S SEWAGE COLLECTION SYSTEM. (Continued from December 21, 1992) (22) Council Member Hernandez made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 93-13 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-LUdlam, Miller. Nays: None. Absent: None. 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 MUNICIPAL ELECTION TO BE HELD MARCH 2, 1993 - (Discussed later in the meeting) (See page 16) (S-l) Council Member Minor made a motion, Member pope-Ludlam, that said resolution be vote was taken at this time) seconded adopted. by Council (Note: No Council Member Estrada made a motion, seconded by Council Member Hernandez, that said resolution be continued to the afternoon session of the meeting. (Note: No vote was taken at this time) 9 1/20/93 Discussion was held regarding the redistricting of Council Ward boundaries, and the difficulties experienced by voters in locating their voting places. City Clerk Rachel Clark stated that the original resolution contained minor clerical errors that had been corrected and distributed a revised version of the resolution to the Mayor and Council. The Mayor and Council agreed to continue discussion relative to the resolution appointing election officers and designating polling places until the afternoon portion of the agenda. RECONSIDER GENERAL PLAN NO. 92-06 AND TENTATIVE TRACT NO. 15407 - TO CHANGE THE LAND USE DESIGNATION FROM RL, RESIDENTIAL LOW, TO RS, RESIDENTIAL SUBURBAN TO CREATE A 110 SINGLE-FAMILY SUBDIVISION - SOUTHEAST CORNER OF IRVINGTON AVENUE AND OLIVE AVENUE. (S-2) RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 92-06 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (S-2) Discussion was held relative to the proposed change in the land use designation. Council Member Reilly made a motion, seconded by Council Member Estrada, that the Mayor and Common Council reconsider action taken December 21, 1992 regarding General Plan No. 92-06 and Tentative Tract No. 15407, to change the land use designation from RL, Residential Low, to RS, Residential Suburban. The motion failed by the following vote: Ayes: Council Members Estrada, Reilly, Pope-Ludlam. Nays: Council Members Hernandez, Maudsley, Minor, Miller. Absent: None. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 88-280 ENTITLED IN PART "RESOLUTION... ADOPTING PROCEDURES FOR COMPLIANCE WITH... RALPH M. BROWN. .. ACT"; ... AND AMENDING RESOLUTION NO. 87-60 ENTITLED IN PART 'RESOLUTION... AMENDING RESOLUTION NO. 87-1... "TO PLACE THE "PUBLIC COMMENTS ON ITEMS NOT ON AGENDA" AS THE LAST ITEM ON THE AGENDA OF THE MEETINGS OF THE MAYOR AND COUNCIL, AND TO PROVIDE THAT PUBLIC COMMENT TIME TO ADDRESS MATTERS ALREADY LISTED ON THE REGULAR OR SUPPLEMENTAL AGENDA BE LIMITED TO THREE (3) MINUTES, UNLESS SUCH TIME LIMIT IS EXTENDED BY THE MAYOR AND COMMON COUNCIL WITH CERTAIN EXCEPTIONS; AND AUTHORIZING AND DIRECTING STAFF TO PREPARE A COMPOSITE DOCUMENT OF SUCH PROCEDURES. (S-3) 10 1/20/93 Mayor Holcomb stated that this resolution was prepared in response to complaints received from the public regarding the lack of decorum at recent council meetings, and urged adoption of said resolution. Discussion ensued relative to the authority of the Chairperson and Mayor Pro Tem. Council Member Hernandez made a motion, seconded by Council Member Reilly, to allow discussion regarding the proposed resolution to change the duration of time allotted for items appearing on the agenda and the order in which pUblic comments will be heard on the agenda. (Note: There was no vote taken at this time.) Jeff Wright, P. O. Box 2341, San Bernardino, CA, expressed opposition to the proposed three (3) minute time frame; and also expressed the importance of representing the pUblic and the responsibility of public officials. Discussion ensued relative to when public comments can be heard. City Attorney Penman stated that public comments can legally be placed at any point in the agenda. Gary Kirby, 1505 Yardley, San Bernardino, CA, opposition to having the public comments placed as the on the agenda. expressed last item Jeff Stech, 633 South "G" Street, San Bernardino, CA, expressed opposition to having public comments placed at the end of the agenda. John stevens, 3097 N. pershing Avenue, San Bernardino, CA, expressed opposition to placing public comments at the end of the agenda and the proposed three (3) minute allotment. Bobby expressed resolution. Oquendo, opposition 3094 N. to the Central, San Bernardino, time limit proposed by CA, said James Wirth, 1980 Sierra Way, San Bernardino, CA, expressed opposition to the time limit proposed by said resolution. COUNCIL MEMBER ESTRADA EXCUSED At 10:57 a.m., Council Member Estrada left the Council meeting. Mayor Holcomb stated that the best way to communicate with the Council would be in writing before the meeting, or to ask to be heard before the Legislative Review Committee, or other committee. The three minute rule can be suspended for those 11 1/20/93 individuals who are speaking on the issues grandstanding or making political statements. urged the adoption of said resolution. and are not Mayor Holcomb Discussion ensued regarding the intent and adoption of the proposed resolution. City Attorney Penman stated that members of the public may speak on any item of interest to the pUblic that is within the subject matter jurisdiction of the legislative body. As a practical matter, current practice dictates that individuals wishing to have items placed on the agenda generally go through their council member. The public also has the opportunity to utilize the appeal process. COUNCIL MEMBER ESTRADA RETURNED At 11:09 a.m., Council Member Estrada returned to the Council meeting and took her place at the council table. Discussion ensued relative which do not fall within the Council. to placement of agenda items jurisdiction of the Mayor and It was suggested that said resolution be referred to the LegiSlative Review Committee and that a process be developed for the handling of public comments. Discussion ensued relative to the intent of the Ralph M. Brown Act and the adoption of said resolution. Council Member Hernande2: made a motion, seconded by Council Member Reilly, that the resolution to place the public comments on items not on the agenda as the last item on the agenda and to provide that public comment time to address matters already listed on the regular or supplemental agenda be limited to three (3) minutes, unless such time limit is extended by the Mayor and Common Council with certain exceptions; and authorizing and directing staff to prepare a composite document of such procedures, be tabled. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Nays: Council Member Maudsley. Absent: None. Council Miller. RECESS MEETING At 11:26 a.m., Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 11:31 a.m., the adjourned regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. 12 1/20/93 ROLL CALL Roll call was taken by Deputy city Clerk Diane Jones with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow; Deputy City Clerk Jones. Absent: City Administrator Shauna Clark. COMMUNITY DEVELOPMENT COMMISSION - ADJOURNED REGULAR MEETING At 11:31 a.m., Chairman Holcomb called the adjourned regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North liD" street, San Bernardino, California. At this time, the Mayor and Common Council, acting as the community Development Commission, took action on Community Development Commission items. There was no action taken on Mayor and Common Council items during this portion of the meeting. RECESS MEETING At 12:34 p.m., the adjourned regular Community Development Commission recessed to Council Chambers of city Hall, 300 North Bernardino, California. meeting of 2:00 p.m. in liD" Street, the the San RECONVENE MEETING At 2:09 p.m., Chairman Holcomb reconvened regular meeting of the Mayor and Common Council Chambers of City Hall, 300 North "D" street, California. the adjourned in the Council San Bernardino, ROLL CALL Roll call was taken by Deputy City Clerk Diane Jones with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernande2:, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant city Attorney Barlow; Deputy City Clerk Jones. Absent: City Administrator Shauna clark. COMMUNITY DEVELOPMENT COMMISSION - ADJOURNED REGULAR MEETING At 2: 09 p. m., Chairman Holcomb reconvened the adj ourned regular meeting of the Community Development Commission in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. At this time, the Mayor and Common council, acting as the Community Development Commission, took action on Community Development Commission items. There was no action taken on Mayor and Common Council items during this portion of the meeting. 13 1/20/93 COUNCIL MEMBER MINOR EXCUSED At 2:23 p.m., Council Member Minor left the Council meeting. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 2:25 p.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by Senior Assistant city Attorney Morillo. CITY CLERK CLARK RETURNED At 2:26 p.m., City Clerk Rachel Council meeting and replaced Deputy City Clark returned to Clerk Diane Jones. the APPEAL HEARING OFFICER'S STATEMENT OF DECISION- REVOCATION OF CONDITIONAL DEVELOPMENT PERMIT NO. 262- GOLDEN EAGLE MOTEL - CONTINUED FROM JULY 20, 1992 (24) This is the time and place continued to for an appeal of the Hearing Officer's Statement of Decision regarding the revocation of Conditional Development Permit No. 262, the Golden Eagle Motel. In a memorandum dated January 7, 1993, Al Boughey, Director of Planning and Building Services, stated that a series of hearings were held and the Hearing Officer issued a Statement of Decision on March 10, 1992. The Conditional Development Permit was not revoked; however, certain conditions were added. The decision was appealed to the Mayor and Council and was continued several times. At the Mayor and Council meeting of July 20, 1992, the item was continued for six months to resolve outstanding items including the submittal of a general plan amendment application and the completion of necessary repairs to the motel. General Plan Amendment No. 92-11 was submitted on September 10, 1992; is being processed, and is scheduled to be heard before the Planning Commission on February 2, 1993, with review by the Mayor and Common Council on March 1, 1993. A continuance of the appeal of the Hearing Officer's statement of Decision would enable staff to complete the general plan amendment process. It would also allow the applicant to complete the necessary repairs so that certificates of Occupancy may be issued and the matter resolved. Mayor Holcomb opened the hearing. Council Member Miller made a motion, seconded by Council Member Hernandez, and unanimously carried, that the hearing be continued to April 5, 1993, to allow completion of General Plan Amendment No. 92-11, completion of the necessary improvements and issuance of certificates of occupancy. .~ 14 1/20/93 APPEAL - CONSTRUCT CONTINUED DENIAL - CONDITIONAL USE PERMIT NO. 91-03- 45 UNIT SENIOR CITIZEN APARTMENT COMPLEX- FROM JANUARY 11, 1993 (23) This is the time and place continued to for an appeal of the Planning Commission's denial of Conditional Use Permit No. 91-03 to construct a senior citi2:en apartment project consisting of 45 units in one building with an interior courtyard, on a 1.4 acre site located on the north side of Third Street, between Allen Street and Sierra Way; and a reduction of the required parking. In a memorandum dated January 13, 1993, Al Boughey, Director of Planning & Building Services, stated that on January 11, 1993, the Mayor and council referred the project to the Housing Committee to revise the Conditions of Approval, and continued the item to January 20, 1993. The Housing Committee met on January 12, 1993, to discuss the proposed Conditions of Approval. A consensus was reached and the revised conditions are attached as Exhibit A. The Planning commission recommended denial of the project based on the fact that the site is unsuitable for senior housing; and a redesign of the project would be of no benefit due to the location. Mayor Holcomb opened the hearing. Michael Murphy, 2601 N. Del Rosa Avenue, San answered questions pertaining to the 45 unit apartment complex project. Bernardino, CA, senior citizen Council Member Hernandez made a motion, seconded by Council Member Miller, that the hearing be closed; and that the negative declaration be adopted, and Conditional Use Permit No. 91-03 be approved based on the findings of fact contained in Exhibits "E" and "F" and subject to the standard requirements contained in Exhibit "H" of the staff report dated December 16, 1992 (EXhibit "B" of this report), and the revised conditions of approval contained in Exhibit "G" of the staff report dated January 13, 1993, with the exception of item #19 which shall be modified to allow for a wall unit air conditioning and heating unit. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Pope-Ludlam, Miller. None. Abstain: Council Member Maudsley. Absent: Member Minor. Council Nays: Council 15 1/20/93 RES. 93-14 - 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 MUNICIPAL ELECTION TO BE HELD MARCH 2, 1993. (Discussed earlier in the meeting) (See page 9) (S-l) Council Member Reilly made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution Ayes: Council Miller. Nays: Member Minor. No. 93-14 was adopted by the following vote: Members Estrada, Reilly, Maudsley, Pope-Ludlam, Council Member Hernandez. Absent: Council ADJOURNMENT (25) At 2:40 p.m., the meeting was adjourned to Monday, January 25, 1993, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. RACHEL CLARK city Clerk /, - /7 By 44d'(,,~P= fliane J&srtes Deputy City Clerk By 1 Suz na Cordova De uty City Clerk No. of Items: 37 No. of Hours: 3.5 ~ 16 1/20/93