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Home My WebLink About11-12-1985 Minutes ... City of San Bernardino, California November 12, 1985 . 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 their Regular Meeting held on Monday, November 4, 1985, at 9:03 a.m. in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The City Clerk has caused to be posted the Order of Adjournment of said Meeting held on Monday, November 4, 1985, at 9:03 a.m. in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Wilcox at 9:05 a.m., Tuesday, November 4, 1985, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . INVOCATION The Invocation was given by Olen Jones, Jr., Immanuel Baptist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Reilly. ROLL CALL Roll Call was taken by the City follow i ng be i ng presen t: Mayor Wilcox; Estrada, Reilly, Hernandez, Marks, Strickler; City Attorney Prince, City Administrator Matzer. Absent: None. Clerk with the Council Members Quiel, Frazier, Clerk Clark, City . APPEAL HEARING - SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT - EXEMPTION OF LANDTECH, INC. FROM SCHOOL FACILITY FEES - CONTINUED FROM NOVEMBER 4, 1985 This is the time and place continued to for consideration of an appeal filed by Parker and Covert on behalf of the San Bernardino City Unified School District in connection with the LegiSlative Review Committee's decision of approval of the petition of Landtech, Inc., for exemption from payment of school facilities fees.(l) Deputy City Attorney John Wilson answered questions concerning requirements of developers for exemption from payment of school facilities fees. Ray Goldie, Attorney representing Landtech, Inc., spoke concerning the wording and understanding of City resolutions governing school facilities fees, the possible impact that payment of these fees, $97,000, would have on Landtech, Inc. and on the tax base of the City. He further stated that Landtech, Inc. is willing to pay $170,000 out of pocket for permit fees on December 2, 1985, before their construction loan closes, or on the first business day after their loan is funded, as proof of commitment of their project. . City Attorney Prince spoke concerning exemptions to the payment of school facilities fees for residential developments having verified, firm commitments for financing in place and recorded within 30 days following the date of the adoption of the resolution. 1 11/12/85 . Discussion was held concerning the intent of the Legislative Review Committee and the Common Council regarding the wording of the resolutions establishing school facilities fees. Dr. Hal Boring, San Bernardino City Unified School District, spoke regarding the impact that the decision concerning the commitment of Landtech, Inc. will have on other cases of school facilities fees exemptions. A respresentative of Andrew Barmakian, developer, spoke regarding instructions given to developers by the City during the month previous to the adoption of the resolutions governing school facilities fees. Mr. Hardy Brown, Board of Education, San Bernardino City Unified School District, spoke regarding the position of the Board of Education, and requested that the school district be granted school facilities fees from Landtech, Inc. . Discussion was held concerning the intent of the San Bernardino City Unified School District to appeal other claims filed by developers for exemption from school facilities fees. Shelby Obershaw, Board of Education, San Bernardino City Unified School District, spoke regarding the impact of the Landtech, Inc. development on the population of the school system. Discussion was held concerning the interpretation of the language in the resolution regarding developer's supplying the City with a letter of firm commitment covering construction loans, and the responsibility of the City to the school district and to the people trying to build and develop the community. Council Member Marks made a motion, seconded by Council Member Hernandez, to uphold the decision of the City Attorney's Office, grant the appeal of the School Board and deny the appeal of Landtech, Inc. regarding school impaction fees. . The motion carried by the following vote: Council Members Estrada, Hernandez, Marks, Frazier. Council Members Reilly, Quiel, Strickler. Absent: Ayes: Noes: None. (Later reconsidered - see Page 3) ALCOHOLIC BEVERAGE LICENSE APPLICATION - GEORGE D. CLUBB - PRODUCT MART - 101 N. MT. VERNON - CONTINUED FROM NOVEMBER 4, 1985 This is the time and place continued to for consid- eration of an alcoholic beverage license application by George D. Clubb, dba Product Mart, 101 N. Mt. Vernon. (2) Discussion was held concerning the need for a program to control the saturation of alcoholic beverage sales. Ben Gonzales, Chief of Police, answered questions concerning the primary purpose of the Product Mart being food products, and the manner in which the City is notified of a business' intent to sell alcoholic bever- ages. . City Attorney Prince spoke concerning an extension of the Conditional Use Permit process to prohibit a concen- tration of alcoholic sales in certain areas. 2 11/12/85 . Council Member Hernandez made a motion, seconded by Council Member Frazier, that the Council go on record and direct the Chief of Police to protest the application of George D. Clubb. The motion failed by the following vote: Council Members Estrada, Hernandez, Frazier. Council Members Reilly, Marks, Quiel, Strickler. None. Ayes: Noes: Absent: City Attorney Prince spoke regarding a need to set criteria establishing grounds for denial of alcoholic sales permits. Saturation of sales in a certain area could be one criterion. Council Member Estrada made a motion, seconded by Council Member Hernandez and unanimously carried, to direct the City Attorney to prepare legal opinion regarding expanding the Conditional Use Permit process to include Off Sales of alcohol and report back by December 2, 1985. . RECESS MEETING - CLOSED SESSION At 11:02 a.m., Council Member Marks made a motion, seconded by Counci 1 Member Hernandez and unanimously carried, that the meeting recess to Closed Session to discuss personnel matters under the authority of Govern- ment Code 54957. ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. ADJOURN CLOSED SESSION At 11:25 a.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Adjourned Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . RECONVENE MEETING At 11:25 a.m., the Adjourned 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 Ci ty following being present: Mayor Wilcox; Estrada, Reilly, Hernandez, Marks, Strickler; City Attorney Prince, City Administrator Matzer. Absent: None. Clerk wi th the Council Members Quiel, Frazier, Clerk Clark, City . VETO - APPEAL HEARING DECISION - SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT - EXEMPTION OF LANDTECH, INC. FROM SCHOOL FACILITY FEES - CONTINUED FROM EARLIER IN MEETING Mayor Wilcox vetoed the following motion made earlier in the meeting: "Council Member Marks made a motion, seconded by Counci 1 Member Hernandez, to uphold the decision of the City Attorney's Office, grant the appeal of the School Board and deny the appeal of Landtech, Inc. regarding school impaction fees." (1) 3 11/12/85 . Mayor Wilcox stated that she was vetoing the motion because she believes that the decision of the Legislative Review Committee to exempt Landtech, Inc. was based on the Section 9J Exemption in the resolution on school impaction fees, and to protect any developments which have firm financial commitments. The Council discussed at length the effect of the veto. The City Attorney stated that the Council cannot overrule legal decisions, and answered questions as to whether or not the Legislative Review Committee had authority to grant the exemption. The Mayor and Common Council discussed the appeal process under the resolution on school impaction fees, and the intent of the resolution as far as exempting developers who had secured financial commitments for projects before the resolution. . MAYOR WILCOX EXCUSED FROM MEETING At 12:10 p.m., Mayor Wilcox excused herself from the Council Meeting and asked Mayor Pro Tempore Estrada to take the chair. After discussion, Council Member Hernandez made a motion, seconded by Council Member Marks, to direct the City Attorney to continue administering the requests for exemptions from school impaction fees until modification of the resolution is made. The Mayor Pro Tempore and the Council discussed the motion at length. The motion carried by the following vote: Council Members Estrada, Hernandez, Marks, Frazier. Council Members Reilly, Quiel, Strickler. Absent: Ayes: Noes: None. After further discussion, Council Member Marks changed his vote from Yes to No. . The motion failed by the following vote: Council Members Estrada, Hernandez, Frazier. Council Members Reilly, Marks, Quiel, Strickler. None. Ayes: Noes: Absent: The Mayor Pro Tempore and the Council discussed the appeal from school impaction fees process. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez left the Council Meeting. Council Member Quiel made a motion, Council Member Marks and unanimously reconsider the previous motion. seconded carried, by to COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. . Council Member Marks made a motion, seconded by Council Member Frazier, that the City Attorney be responsible for administering the school impaction fees Section 9J Exemption, and that appeals to the decision of the City Attorney's Office regarding Section 9J Exemptions be referred to the Legislative Review Committee for review and recommendation to the full Council. 4 11/12/85 The City Attorney agreed not to furnish legal opinion to the Legislative Review Committee on the denial of exemptions. . The motion carried by the following Council Members Estrada, Reilly, Hernandez, Frazier. Noes: Council Member Strickler. vote: Marks, Absent: Ayes: Quiel, None. RECESS MEETING - CLOSED SESSION At 12:32 p.m., Mayor Pro Tempore Estrada stated the meeting would recess to Closed Session to discuss per- sonnel matters under the authority of Government Code Section 54957. CLOSED SESSION The Closed Session of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Estrada in the Conference Room of 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 Estrada; Council Members Estrada, Rei lly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Adminis- trator Matzer. Absent: Mayor Wilcox; City Clerk Clark. ADJOURN CLOSED SESSION At 12:57 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Adjourned Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 12:57 p.m., the Adjourned 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 following being present: Mayor Pro Tempore Estrada; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, Deputy City Clerk Reese, City Administrator Matzer. Absent: Mayor wilcox. ADJOURNMENT At 12:57 p.m., Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the Adjourned Regular Meeting of the Mayor and Common Council be adjourned to 10:00 a.m., Thursday, November 14, 1985, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. /~~/7f/~/ . 5 11/12/85