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HomeMy WebLinkAbout01-04-1983 Minutes . . City of San Bernardino, California . January 4, 1983 This is the time and place heretofore set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Regular Meeting held Monday, January 3, 1983, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California; all members of the Mayor and Common Council being absent therefrom. The City Clerk has caused to be posted the Notice of Adjourn- ment of said meeting held Monday, January 3, 1983, at 9:00 a.m., and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said Notice which was posted on Monday, January 3, 1983, at 9:01 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 9:01 a.m., on Tuesday, January 4, 1983, in the Council Chambers . of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Reverend Larry Dobson of the Calvary Baptist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Reilly. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Reilly, Hernandez, Marks, Quiel, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Members Castaneda, Hobbs. APPROVE MINUTES - DECEMBER 9, 20, 1982 Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, to approve the minutes of the meetings of the Mayor and Common Council of the City of San Bernardino held on December 9, 1982 and December 20, 1982, as tt submitted in typewritten form. (1) OUT-OF-STATE TRAVEL - CITY LIBRARIAN In a memorandum dated December 27, 1982, Larry Harvey, Pres- ident of the Library Board of Trustees, recommended that the City Librarian be authorized to attend the annual midwinter conference of the American Library Association to be held in San Antonio, Texas, from January 8 through January 11, 1983. (2) Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that authorization be given for the City Librarian to attend the annual midwinter con- ference of the American Library Association to be held in San Antonio, Texas, from January 8 through January 11, 1983. WALKATHON - APRIL 24, 1983 - MARCH OF DIMES Pursuant to the recommendation of the Chief of Police, Coun- cil Member Quiel made a motion, seconded by Council Member Hernandez and unanimously carried, that the walkathon sponsored by the March of Dimes on April 24, 1983, at 8:00 a.m., be ap- proved, subject to the following conditions stipulated by the . Chief of Police: (3) 1. The walkathon must start on time. . . . 2. All participants are to walk on the sidewalks or extreme right-hand edge of the roadway with traffic. 3. The applicant must provide sufficient monitors. 4. The Police Department have the beat car monitor the event. CLAIMS AND PAYROLL Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, to approve demands against the City and authorize the issuance of warrants as follows: (4) 1. Approve the register of demands dated: December 20, 1982 #82/83 $481,616.09 2. Approve a supplement to the total gross payroll for the period November 15, 1982 through November 28, 1982, in the amount of $(21.98). . 3. Approve the total gross payroll for the period November 29, 1982 through December 12, 1982, in the amount of $925,855.37. PERSONNEL ACTIONS Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez 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 ap- proved and ratified as follows: (5) LEAVE OF ABSENCE REINSTATEMENT Convention Center Eileen M. Connolly - Program Coordinator From September 22, 1982 to January 21, 1983 . APPEAL - ABATEMENT - 400 WEST HIGHLAND AVENUE - ACKERMAN At the Council Meeting of November 22, 1982, the action which ordered the Superintendent of Building and Safety to begin demolition of a public nuisance located at 400 West Highland Ave- nue, was stayed until January 3, 1983 to allow the property owner, Mr. Norman Ackerman, to submit plans from an engineer showing how the building can be brought up to code. (6) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the decision of the Board of Building Commissioners' ordering the abatement of a public nuisance located at 400 West Highland Avenue be affirmed. GAMES OF AMUSEMENT LICENSE - ALOHA CLAIRISA CARRICO- RUSSELL (KIMBERLY) - CONTINUED FROM DECMEBER 20, 1982 This is the time and place continued to for consideration of approval of an application submitted by Aloha Clairisa Carrico- Russell (Kimberly) to engage in the business of games of amuse- ment. (7) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the application be continued to Monday, February 7, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . COUNCIL MEMBER REILLY EXCUSED Council Member Reilly was excused from the Council Meeting. - 2 - 1/4/83 . . . JOINT POWERS AGREEMENT - COLTON - SEWER SERVICE - SOUTH OF MILL STREET, BETWEEN EUCALYPTUS AVENUE AND SOUTHERN PACIFIC RAILWAY - CONTINUED FROM DECEMBER 20, 1982 This is the time and place continued to for a request from the Director of Public Works/City Engineer that the decision to pursue the joint powers agreement with Colton for sewer service be confirmed or a decision made to use lift stations. (8) Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the request be con- tinued to Monday, February 7, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COUNCIL MEMBER REILLY RETURNED Council Member Reilly returned to the Council Meeting and took his place at the Council Table. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISH- ING A PROCEDURE FOR REVIEW AND APPROVAL OF PLANS. (Continued from December 20, 1982) (9) . Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the resolution be continued to Monday, February 7, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RENAMING OF PERRIS HILL PLAYING FIELD AND STADIUM - "FISCALINI FIELD" A memorandum dated December 27, 1982 was received from Coun- cil Member Strickler recommending that the playing field and the new stadium in perris Hill Park be named "Fiscalini Field" in memory of the late John Fiscalini, who was a native of the City of San Bernardino and actively participated in baseball from junior high school through college and on into the major leagues. (10) A letter dated December 29, 1982 was received from Mary Easterday, President-Elect of the San Bernardino Valley Board of Realtors, Inc., supporting the suggestion to rename perris Hill Baseball Field after John Fiscalini. She also stated in her letter that the Board of Realtors are prepared to provide a suitable bronze plaque and mounting. . Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the recommendation to rename the playing field and new stadium in Perris Hill Park to "Fiscalini Field" be referred to the Park and Recreation Com- mission for a public hearing and a report to the Mayor and Common Council. COUNCIL MEMBER MARKS EXCUSED Council Member Marks was excused from the Council Meeting. REQUEST TO DISCUSS - NEIGHBORHOOD WATCH PROGRAM SIGNS In a memorandum dated December 27, 1982, Council Member Strickler requested discussion on the requirement for and purpose of sign poles for use in mounting Neighborhood Watch Program signs within City parkways. (12) Council Member Strickler stated that the matter has been resolved. . Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that the matter be tabled. - 3 - 1/4/83 . . . NEW CENTRAL FIRE STATION - 200 EAST THIRD STREET - HOWARD C. EDMISTON CONSTRUCTION - APPROVAL OF WORK C. Glenn Wilson, Director of Public Works/City Engineer, recommended in a memorandum dated December 27, 1982, that the construction of the new Central Fire Station at 200 East Third Street by Howard C. Edmiston Construction be approved and accepted and that final payment be authorized at the expiration of the lien period. (13) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the work performed by Howard C. Edmiston Construction, in accordance with Specification No. 6088, be approved and accepted; and that final payment be authorized at the expiration of the lien period. STREET LIGHT INSTALLATION - NORTHWEST CORNER OF 58TH STREET AND PERSHING AVENUE In a memorandum dated December 28, 1982, C. Glenn Wilson, Director of Public Works/City Engineer, recommended approval of a request for installation of a street light at the intersection of Pershing Avenue and 58th Street. (14) . Council Member Quiel made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the installation of a street light, at the intersection of Pershing Avenue and 58th Street, be approved, in accordance with the recommendation from the Department of Public Works. WAIVE READINGS - RESOLUTIONS The City Clerk read the titles of all the resolutions on the agenda. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that further reading of all the resolutions on the agenda be waived. RES. 83-1 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH VICTOR MAZAL AND ROSLYN MAZAL RELATING TO THE CONSTRUCTION OF A BRICK PLANTER WITHIN THE PUBLIC RIGHT-OF-WAY AT 251 WEST BASE LINE STREET. (15) Council Member Strickler made a motion, seconded by Council Member Quiel, that said resolution be adopted. . Resolution No. 83-1 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Council Members Castaneda, Marks, Hobbs. WAIVE READINGS - ORDINANCES The City Clerk read the titles of all the ordinances on the agenda. Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that the first and final readings of all the ordinances on the agenda be waived. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 13.40.130 OF THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE THAT CUL-DE-SACS BE CONSTRUCTED IN ACCORDANCE WITH STANDARDS ESTABLISHED BY THE DIREC- TOR OF PUBLIC WORKS/CITY ENGINEER. FIRST (18) Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that said ordinance be ~ laid over for final passage. - 4 - 1/4/83 . . ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A FIRST CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 82-23, A RECTANGULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY .44 ACRE HAVING A FRONTAGE OF APPROXIMATELY 45 FEET ON THE EAST SIDE OF TIPPECANOE AVENUE AND BEING LOCATED APPROXIMATELY 480 FEET SOUTH OF THE CENTER LINE OF BASE LINE STREET). (19) . Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that said ordinance be laid over for final passage. ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING ZONING DESIGNATION R-1-5 ACRE SINGLE-FAMILY RESI- DENTIAL FOR CERTAIN DESCRIBED PROPERTY CURRENTLY PENDING ANNEXATION TO THE CITY OF SAN BERNARDINO (PREZONE, AN IRREGULARLY-SHAPED PARCEL OF LAND CON- SISTING OF APPROXIMATELY 77 ACRES LOCATED GENERALLY NORTH OF SAN BERNARDINO STATE COLLEGE AND EAST OF DEVIL'S CANYON). . FIRST (21) Council Member Hernandez made a motion, seconded by Council Member Strickler and unanimously carried, that said ordinance be laid over for final passage. ORD. MC-243 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING CHAPTER 15.16 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING THE UNIFORM FIRE CODE (1982 EDITION) TOGETHER WITH APPENDICES "I-A" THROUGH "VI-D" INCLUSIVE, (EXCEPT "VI-B"), AND THE UNIFORM FIRE CODE STANDARDS (1979 EDITION). FINAL (22) Council Member Hernandez made a motion, seconded by Council Member Quiel, that said ordinance be adopted. Ordinance MC-243 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Council Members Castaneda, Marks, Hobbs. . ORD. MC-244 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNAR- DINO MUNICIPAL CODE (PETITION NO. 82-20, A RECTAN- GULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXI- MATELY 1.27 ACRES LOCATED AT THE SOUTHWEST CORNER OF POPLAR STREET AND EUREKA STREET. FINAL (23) Council Member Hernandez made a motion, seconded by Council Member Quiel, that said ordinance be adopted. Ordinance MC-244 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Quiel, Strickler. Noes: None. Absent: Council Members Castaneda, Marks, Hobbs. GENERAL REPORTS AND CORRESPONDENCE Council Member Strickler made a motion, seconded by Member Quiel and unanimously carried, that the following be filed: . a. Resolution No. 82-478 received from the City of Grand Terrace opposing the location of a State prison in the Glen Helen area. b. Three alcoholic beverage control applications for the following new and transferred licenses: - 5 - 1/4/83 Council items (25) . . . New H. B:-Food Services Inc. dba Barry's Deli 239 East Hospitality Lane On Sale General Transferred The C & C Organization dba Cask 'n Cleaver 2354 Del Rosa Ave- nue On Sale General Chul Young Park dba Victoria Guernsey 735 East Base Line Off Sale Beer & Wine ENERGY CONSERVATION AWARD - CITY OF SAN BERNARDINO Joe Falkner, District Manager of Southern California Edison Company, presented a check in the amount of $5,000 to Mayor Holcomb on behalf of the City of San Bernardino for the City's Energy Con- servation Program. . Mayor Holcomb accepted the check, commended Wayne Overstreet, Superintendent of Public Buildings, and Dave Harrison, Energy Auditor of the Public Buildings Division, and instructed the City Administrator to look into giving an award to Wayne Overstreet, Superintendent of Public Buildings, through the employees sugges- tion award program. DISABILITY RETIREMENT - PISANI - POLICE DEPARTMENT A memorandum dated December 28, 1982 was received from Scotty Wallace, Risk Management Coordinator, recommending that the City Administrator file notice with the Public Employees Re- tirement System, stating that Antoinette Pisani is permanently incapacitated from continuing her duties as a Police Officer. (Sl) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the Mayor and Common Council hereby find Antoinette Pisani to be incapacitated for the performance of her duties as a Police Officer and that this find- ing be certified to the Public Employees Retirement System, as provided in Section 21025 of the Government Code, together with a request that Ms. pisani be placed on disability retirement. . DEMOLITION - RECREATION BUILDING - NICHOLSON PARK In a memorandum dated December 29, 1982, Council Member Hernandez stated that the existing recreational building at Nicholson Park is in a state of disrepair and it is not econom- ically feasible to refurbish the building. He recommended in his memorandum that the building be demolished. (S2) Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the Superintendent of Public Services be instructed, in concert with the Superintendent of Public Buildings, to implement necessary action for demolish- ing the recreation building at Nicholson Park and salvage those reusable materials from the building for use by City forces. COUNCIL MEMBER MARKS RETURNED Council Member Marks returned to the Council Meeting and took his place at the Council Table. RECONSIDER PREVIOUS ACTION - APPEAL - ABATEMENT - 400 WEST HIGHLAND AVENUE - ACKERMAN Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the previous action affirming the decision of the Board of Building Commissioners' ordering the abatement of a public nuisance located at 400 West Highland Avenue be reconsidered. (6) ~ Mr. Norman Ackerman stated that he has hired a contractor to bring the building back up to code. - 6 - 1/4/83 . . . Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the appeal be con- tinued to Monday, February 7, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, and that Mr. Ackerman be requested to submit prior to February 7, 1983, a report on how the building will be brought up to code. OFF-SITE STREET IMPROVEMENTS - WAIVER OF PERMIT FEES - CHAPTER 27 IMPROVEMENTS, STATE AND HIGHWAY CODE C. Glenn Wilson, Director of Public Works/City Engineer, recommended in a memorandum dated December 27, 1982, that the proposed amendment to the Municipal Code to provide that the fee shall be waived for improvements constructed pursuant to a Notice of Improvement issued as a part of proceedings under Chapter 27 of the Streets and Highways Code be approved as the improvements are ordered by the City and will be a direct benefit for City activities such as street sweeping. (11) Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the recommendation be continued to Monday, February 7, 1983, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. . RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ- ING TERMINATION OF TIMBER RIGHTS. (16) Tom Crawford, Assistant City Administrator, answered ques- tions stating that an agreement with Norton Air Force Base con- cerning the use of equipment to remove timber was undertaken but was never completed. Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that the resolution be con- tinued to Monday, January 17, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . RES. 83-2 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN PARCEL MAP NO. 7534, DECLARING PARCEL 2 OF PARCEL MAP 7534 EXCESS TO CITY'S NEEDS, DIRECTING REAL PROPERTY SEC- TION TO OFFER FOR SALE THAT PARCEL OF CITY OWNED PROPERTY LOCATED AT THE NORTHWEST CORNER OF VALENCIA AVENUE AND TWENTY-FIRST STREET, DESIGNATING PROCEEDS OF SALE TO BE DEPOSITED IN THE WATER FUND, SETTING MINIMUM SALE PRICE, REQUIRING DEED TO CONTAIN RE- STRICTIONS, AND REPEALING RESOLUTION NO. 82-495. (17) The Council discussed ownership. Mayor Holcomb explained that the Water Department would get the proceeds. Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the resolution be adopted on the condition that the provisions set forth in Reso- lution No. 82-497 concerning the disposition of real property be followed. Resolution No. 83-2 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Members Castaneda, Hobbs. . - 7 - 1/4/83 . . . . . . ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING 'l'IlE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETI- TION NO. 82-26, A RECTANGULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 2.38 ACRES HAVING A FRONT- AGE OF APPROXIMATELY 220 FEET ON THE SOUTH SIDE OF PUMALO STREET AND BEING LOCATED APPROXIMATELY 580 FEET EAST OF THE CENTER LINE OF DEL ROSA AVENUE) . (first reading) (20) Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the ordinance be con- tinued to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ORD. MC-245 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNAR- DINO MUNICIPAL CODE (PETITION NO. 82-22, CONSISTING OF APPROXIMATELY 541 ACRES IN THE NORTHEASTERN SEC- TION OF THE CITY FRONTING ON EAST HIGHLAND AVENUE EASTERLY OF STATE ROUTE 330) . FINAL (24) Council Member Marks made a motion, seconded by Council Mem- ber Quiel, that said ordinance be adopted. Ordinance MC-245 was adopted by the following vote: Ayes: Council Members Reilly, Hernandez, Marks, Quiel. Noes: None. Absent: Council Members Castaneda, Hobbs. Abstain: Council Member Strickler. JOINT EXERCISE OF POWERS AGREEMENT - COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO Mayor Holcomb spoke in favor of a proposed joint powers agreement between the County of San Bernardino and the City of San Bernardino which would create the Authority for a Greater San Bernardino. (S3) The Council discussed the need to give this proposal further study. Council Member Quiel made a motion, seconded by Council Mem- ber Marks, that the joint exercise of powers agreement between the County of San Bernardino and the City of San Bernardino be referred to the Legislative Review Committee. The motion carried by the following vote: Members Reilly, Marks, Quiel, Strickler. Noes: Hernandez. Absent: Council Members Castaneda, Ayes: Council Council Member Hobbs. RECESS MEETING At 9:52 a.m., Council Member Reilly made a motion, seconded by Council Member Quiel and unanimously carried, that the meeting recess until 11:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 11:00 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 City Clerk with the following be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Member Hobbs. - 8 - 1/4/83 . . . REDEVELOPMENT AGENCY - ADJOURNED REGULAR MEETING The Adjourned Regular Meeting of the Redevelopment Agency was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RES. 83-3 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THREE AGREEMENTS FOR THE DEMOLITION OF CERTAIN BUILDINGS OR STRUCTURES LOCATED AT 104 WEST FIFTH STREET; 1298 NORTH PENNSYL- VANIA AVENUE; AND 171 WALKINSHAW STREET; ALL OF SAID BUILDINGS OR STRUCTURES BEING LOCATED IN THE CITY OF SAN BERNARDINO. The City Clerk read the title of the resolution. Council Member Castaneda 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. 83-3 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. . RECESS MEETING At 11:03 a.m., Council Member Quiel made a motion, seconded by Council Member Strickler and unanimously carried, that the meeting recess until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:03 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 Bernar- dino, California. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. PLANNING COMMISSION RECOMMENDATION - CONTINUED FROM DECEMBER 20, 1982 This is the time and place continued to for the following . Planning Commission recommendation: That the application for Change of Zone No. 82-24, Robert P. Warmington, owner, to change the land use zoning district from MHP-7 Mobile Home Park at seven dwelling units per acre to R-1-7200 Single-Family Residential for a rectangularly-shaped parcel of land consisting of approximately 57.8 acres located on the south side of Mill Street, between Eucalyptus Avenue and Pepper Avenue, be approved, based on findings of fact. (26) Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that the recommendation of the Planning Commission be approved and the City Attorney be directed to prepare the necessary amendment to the zoning ordi- nance. PLANNING COMMISSION REPORT Frank Schuma, Planning Director, gave the Planning Report regarding all Planning Commission matters of the meeting of 4t December 21, 1982. The following recommendation was made: - 9 - 1/4/83 . . . That the amendment to the San Bernardino Municipal Code, Chapter 19.08, revising the minimum develop- ment criteria for the R-l Single-Family Residential zone, including provisions for 6,000 square foot lots, be recommended for approval with wording as noted in the memorandum to the Planning Commission dated December 21, 1982 as follows: (27) The major changes which are proposed from the current ordinance pertain to the minimum lot size from 7,200 square feet to 6,000 square feet, front and rear yard setbacks, the establishment of a minimum square foot- age for single-family residences, and modification to permitted accessory uses and structures. Michael Murphy of 671 North "D" Street, questioned the mini- mum size of a house under this proposal which would be 950 square feet and how this provision would be affected by SB 1160 adopted in September of 1981 which provides for "granny housing" of 650 square feet. . Frank Schuma, Planning Director, explained that the State law is permissive, therefore, not mandatory, and that this action would not conflict with State provisions on "granny units". The City has no provisions for any type of "granny units". Rod Placencia of Arben Engineering, 255 North "D" Street, stated he would like more time to review the proposed amendment to the Municipal Code. Planning Director Schuma answered questions stating that the Planning Commission had held two hearings and notifications had been provided as required. Mayor Holcomb stressed the need for public notification and asked for architectural control to protect the value of surround- ing property. The Planning Director answered questions regarding the open space requirement of the planned unit development ordinance and stated the present Municipal Code does not prescribe a minimum square foot size for housing. . Council Member Marks made a motion, seconded by Council Mem- ber Hernandez, that the proposed amendment be referred to the Legislative Review Committee. The motion carried by Members Reilly, Hernandez, Council Member Castaneda. the following vote: Marks, Quiel, Hobbs, Absent: None. Ayes: Council Strickler. Noes: APPEAL HEARING - VARIANCE NO. 82-18 - SOUTH SIDE OF HOSPITALITY LANE AND WATERMAN AVENUE - McKENZIE A letter dated December 8, 1982 was received from Ronald McKenzie of Heath and Company, appealing the Planning Commission's decision of denial of Variance No. 82-18. The Variance would allow the installation of a sign which exceeds the maximum area and height requirements of the C-3A Limited General Commercial zone on property located on the south side of Hospitality Lane and Waterman Avenue. (28) A representative from Heath and Company stated that there are actually two signs for two parcels but on one pole at a height of 55 feet. . It was explained that the maximum height permitted by the sign ordinance is 40 feet and that the total square footage of the sign requested exceeds the standards set forth in the ordi- nance. - 10 - 1/4/83 . . . Ron Hellis of Pastry Food Services and the owner of Barry's Delicatessen, stated that a 40 foot sign is not an adequate height for the off-ramp for the Waterman Avenue exit off of Interstate 10 and requested two 50 foot high signs on one pole. Frank Schuma, Planning Director, answered questions stating that approval could have a detrimental effect on other property owners in the area as their signs have been limited and if the Council grants approval, they will have to make findings of fact that the variance has been granted due to the uniqueness of the property. Mr. Hellis stated they will be willing to reduce the face of the sign but not the height. Mayor Holco~ suggested that the matter be continued to see whether or not Caltrans will trim the shrubs that would block the view of a 40 foot sign. Council Me~er Quiel made a motion, seconded by Council Mem- ber Marks, that the appeal be continued to Monday, January 17, 1983, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . The motion carried by the following vote: Ayes: Me~ers Castaneda, Reilly, Marks, Quiel, Strickler. cil Members Hernandez, Hobbs. Absent: None. Council Noes: Coun- RESOLUTION OF COMMENDATION - KRACHE - PARK AND RECREATION COMMISSION Lorraine Velarde, Administrative Assistant to the Mayor, read a resolution commending Edith Krache, a member of the Park and Recreation Commission from December 21, 1981 to December 12, 1982. Mrs. Krache was present and accepted the resolution. APPEAL - SUBCONTRACTOR SUBSTITUTION - FISHER - CONTINUED FROM DECEMBER 20, 1982 This is the time and place continued to for an appeal filed by Attorney C. L. Vineyard representing Ray M. Fisher and Fisher Construction Company, on the decision of the Hearing Officer Roger Hardgrave to authorize the contractor for the Mill Center Recreation Facility to substitute another subcontractor in the . place of Fisher Construction. (29) City Administrator Matzer stated the matter had been re- solved by the parties involved. Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the appeal be tabled. ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A FIRST CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZON- ING MAP, WHICH IS INCORPORATED BY REFERENCE IN SEC- TION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 82-26, A RECTANGULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 2.38 ACRES HAV- ING A FRONTAGE OF APPROXIMATELY 220 FEET ON THE SOUTH SIDE OF PUMALO STREET AND BEING LOCATED AP- PROXIMATELY 580 FEET EAST OF THE CENTER LINE OF DEL ROSA AVENUE). (Continued from earlier in the meeting) (20) . Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that said ordinance be laid over for final passage. - 11 - 1/4/83 . . COUNCIL MEMBER CASTANEDA EXCUSED Council Member Castaneda was excused from the Council Meet- . ing. APPOINTMENT - CORNELISON - TRI-CITY ADVISORY COMMITTEE Pursuant to the recommendation of Council Member Reilly, Mayor Holcomb appointed Mr. Merle L. Cornelison of 2077 Sierra Way, to serve as a member of the Tri-City Advisory Committee. Council Member Hernandez made a motion, seconded by Council Member Reilly and unanimously carried, that the appointment be confirmed. COUNCIL MEMBER CASTANEDA RETURNED Council Member Castaneda returned to the Council Meeting and took his place at the Council Table. RECESS MEETING - CLOSED SESSION At 3:00 p.m., Council Member Marks made a motion, seconded by Council Member Quiel and unanimously carried, that the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino recess for a Closed Session for discussion on pending litigation. .. CLOSED SESSION The Closed Session of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb 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 following be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. Also present were Ray Schweitzer, Deputy City Administrator, and Bill Flory, Agency Counsel. COUNCIL MEMBER CASTANEDA EXCUSED At 3:35 p.m., Council Member Castaneda was excused from the Closed Session. . COUNCIL MEMBER CASTANEDA RETURNED At 3:45 p.m., Council Member Castaneda returned to the Closed Session. ADJOURN CLOSED SESSION At 3:47 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 3:47 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 Bernar- dino, California. ROLL CALL Roll Call was taken by the City Clerk with the fOllowing be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. . - 12 - 1/4/83 . . . . . . FOURTH AND "E" STREETS PROPERTY Mayor Holcomb stated that the Closed Session pertained to litigation now pending on Agency property sold to Mr. Frank Dominguez at Fourth and "E" Streets. The Mayor presented a letter dated January 4, 1983 from H. Frank Dominguez of the Vanir Research Company, which states that a check in the amount of $68,216.16 has been submitted for the payment in full of the note and deed of trust and full satisfac- tion of the Disposition and Development Agreement dated February 5. 1979 with the Agency for property at Fourth and "E" Streets. Mr. Dominguez set forth in his letter several proposed solutions for the parking difficulties within the block of Fourth and "E" Streets. Mayor Holcomb stated that the City has discussed relieving Mr. Dominguez of build-out requirements on the property at Fourth and "E" Streets if Mr. Dominguez will agree to stipulate that the assessed value of the Penney's Building is $3,000,000 or more. This action will result in a temporary solution to the downtown parking problem by causing the Fourth and "E" Streets property to remain as a parking lot. Mr. Dominguez stated that he understood the City's offer and that he will accept a valuation of at least $3,000,000 on the Penney's Building and that he understands that the assessments will increase by two percent per year, which is the normal in- crease. Harold Hoffman, owner of property at 470 North "E" Street, presented a letter dated December 28, 1982, recommending that the Parking District be paid in cash the full amount due for the park- ing deficiencies for the former Penney Building and that the Park- ing District purchase the existing unimproved land included in the block bordered by "E" and "F" Streets and between Fourth and Fifth Streets. Also, that these lots be improved to provide parking for future growth. A letter dated December 30, 1982 was received from Dale A. Vander Tuig, owner of the Bible Supply Center at 470 North "E" Street, regarding insufficient parking in the downtown area. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda, to authorize the Mayor to accept Mr. Dominguez's check in the amount of $68,000 as payment in full of the encum- brances on the Fourth and "E" Street property and determine as a matter of record that Mr. Dominguez is excused from all build- out requirements on the Fourth and "E" Street property and on the small lot next to Penney's (the vacant lot south of the Penney's building) on the condition that Mr. Dominguez stipulate in writing that the minimum assessed valuation for tax increment purposes is $3,000,000 on the Penney's building. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Quiel, Hobbs, Strickler. Noes: Council Member Marks. Absent: None. MIDYEAR BUDGET REVIEW A memorandum dated January 3, 1983 was received from Council Member Marks requesting that the City Administrator provide the Mayor and Council with a midyear budget review. Mayor Holcomb opposed the request as being premature. City Administrator Matzer answered questions stating that the budget is maintained on a monthly basis and that he can pre- pare an analysis indicating where the City stands with regards - 13 - 1/4/83 . . . . . . to revenue. This written analysis could be submitted to the Mayor and Common Council by the 20th of January. After discussion, Council Member Marks made a motion that the City Administrator, in concert with the Finance Director, be directed to prepare and present a midyear budget review for the budget year 1982-83 with input from department members as required. The Mayor and Common Council discussed the motion. City Administrator Matzer explained what would be included in the analysis and how it would be prepared. Council Member Quiel made a substitute motion, seconded by Council Member Hobbs, to direct the City Administrator to prepare a summary of the budget through December 31, 1982 to be submitted to the Council no later than January 20, 1983, and that the matter be discussed at the February 7, 1983 Council meeting to determine whether or not a midyear budget review session is necessary. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Quiel, Hobbs, Strickler. Noes: Council Member Marks. Absent: None. ADJOURN MEETING At 4:30 p.m., Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that the meeting be adjourned. City Clerk Approved the 17th of January, 1983. Mayor of the City of San Bernardino - 14 - 1/4/83