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HomeMy WebLinkAbout03-04-1983 MinutesCity of San Bernardino, California March 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, February 21, 1983, at 9:06 a.m., 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 Adjourn- ment of said meeting held Monday, February 21, 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 order which was posted on Tuesday, February 22, 1983, at 9:00 a.m., in the Council Cham- bers 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 9:00 a.m., on Friday, March 4, 1983, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . INVOCATION The Invocation was given by Reverend R. L. McDonald, Pastor of the Little Zion Missionary 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 being present: Mayor Holcomb: Council Members Castaneda, Reilly, Hernan- dez, Marks, Quiel, Hobbs, Strickler; Assistant City Attorney Briggs, City Clerk Clark, City Administrator Matzer. Absent: None. tion week City PROCLAMATION - INTERNATIONAL DEMOLAY WEEK Dave Light, Executive Assistant to the Mayor, read a proclama- of the Mayor of the City of San Bernardino proclaiming the of March 13 to 20, 1983, as International Demolay Week in the of San Bernardino. The proclamation was accepted by members of the Demolay. . APPROVE MINUTES - FEBRUARY 14, 1983 Council Member Castaneda made a motion, seconded by Council Member Marks and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernar- dino held on the 14th of February, 1983, as submitted in typewritten form. (1) APPROVE MINUTES - FEBRUARY 21, 1983 Council Member Castaneda made a motion, seconded by Council Member Marks and unanimously carried, to approve the minutes of the meeting of the Mayor and Common Council of the City of San Bernardino held on the 21st of February, 1983, as submitted in typewritten form. (2) GAMES OF AMUSEMENT LICENSE - FLIPPER FLAPPER FUN FACTORY - ELLIS Pursuant to the recommendation of the Chief of Police, Coun- cil Member Castaneda made a motion, seconded by Council Member Marks and unanimously carried, that the application of the region- al manager of Bally's Aladdin's Castle, Incorporated of Chicago, ~ Illinois, Mr. Edward L. Ellis of Kaysville, Utah, for a games of amusement license for The Flipper Flapper Fun Factory, Inland Center Mall, be approved. (3) . . . . . . CANVASSING BOARD - PRIMARY MUNICIPAL ELECTION - MARCH 8, 1983 In a memorandum dated February 17, 1983, Shauna Clark, City Clerk, requested authorization to appoint a canvassing board to canvass the returns of the March 8, 1983 Primary Municipal Elec- tion. The canvass will be conducted on March 10, 1983 at 1:30 p.m., in the Council Chambers of City Hall. (4) Council Member Castaneda made a motion, seconded by Council Member Marks and unanimously carried, that the City Clerk be authorized to appoint a canvassing board to canvass the returns of the March 8, 1983 Primary Municipal Election. CIRCUS - MARCH 9, 10, 1983 - CIRCUS VARGAS - NATIONAL ORANGE SHOW GROUNDS Pursuant to the recommendation of the Chief of police, Coun- cil Member Castaneda made a motion, seconded by Council Member Marks and unanimously carried, that the application for a City license to operate a circus on March 9 and 10, 1983, on the Orange Show Grounds by John W. Peterson of Lakewood,California, for Circus Vargas, be approved. (5) CLAIMS AND PAYROLL Council Member Castaneda made a motion, seconded by Council Member Marks and unanimously carried, to approve demands against the City and authorize the issuance of warrants as follows: (6) 1. Approve the register of demands dated: February 14, 1983 #82/83 $483,209.60 2. Approve the total gross payroll for the period January 24, 1983 through February 6, 1983, in the amount of $935,543.06. APPEAL - ABATEMENT - 400 WEST HIGHLAND AVENUE - ACKERMAN - CONTINUED FROM FEBRUARY 7, 1983 This is the time and place continued to for an appeal filed by Mr. Norman Ackerman on the Board of Building Commissioners order that the public nuisance located at 400 West Highland Ave- nue be abated. At the Council Meeting of February 7, 1983, Mr. Ackerman was instructed to have an engineer's plan on file with the Superintendent of Building and Safety by February 28, 1983. (7) Jack Rosebraugh, Superintendent of Building and Safety, gave a history of this complaint which was presented to the Board of Building Commissioners in June of 1982. Nothing has been done to the building other than boarding it up. He stated that in his opinion, rehabilitating the building would be eco- nomically infeasible. Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the hearing be closed and that the decision of the Board of Building Commissioners ordering the abatement of a public nuisance located at 400 West Highland Avenue be affirmed. OFF-SITE STREET IMPROVEMENTS - WAIVER OF PERMIT FEES - CHAPTER 27 IMPROVEMENTS, STREETS AND HIGHWAYS CODE - CONTINUED FROM FEBRUARY 7, 1983 This is the time and place continued to for a decision on the recommendation from the Director of Public Works/City Engineer, 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. The improvements are ordered by the City and will be a direct bene- fit for City activities such as street sweeping. (8) - 2 - 3/4/83 . . . Mayor Holcomb proposed an incentive for getting curbs and gutters completed which involves a six months extension on per- mit and inspection fees. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, to instruct the City Attor- ney to amend the various ordinances or provide the necessary or- dinance for permits and inspection fees for infilling of curbs and gutters and sidewalks throughout the City and that the or- dinance have a sunset clause of December 31, 1983. GENERAL PLAN AMENDMENT - SOUTHWEST CORNER OF RANCHO AVENUE AND MILL STREET - CONTINUED FROM FEBRUARY 21, 1983 This is the time and place continued to for a request from Council Member Hernandez that the City's general plan for the property located at the southwest corner of Rancho Avenue and Mill Street be amended by changing the zoning of the area from residential to commercial. (9) Council Member Hernandez made a motion, seconded by Council Member Quiel and unanimously carried, that the request be tabled. . REVIEW - COMPLIANCE OF CONDITIONS OF APPROVAL - CONDI- TIONAL USE PERMIT NO. 82-26 - GREYHOUND BUS TERMINAL - SOUTHWEST CORNER OF SIXTH AND "G" STREETS Frank Schuma, Planning Director, stated in a memorandum dated February 4, 1983 that Conditional Use Permit No. 82-26, which established a temporary Greyhound Bus Terminal at the southwest corner of Sixth Street and "G" Street, was approved with modified conditions and that the project was to be reviewed by the Mayor and Council 90 days after occupancy by Greyhound. The Planning Director also stated in his memorandum that the modified conditions have not been satisfied after inspection of the site on November 16, 1982, and on February 22, 1983. (10) Mr. Juarez was present to represent Greyhound and stated that Greyhound's lease at this location will expire November 1, 1983. . After discussion, Council Member Quiel made a motion, seconded by Council Member Reilly and unanimously carried, that this matter be continued until March 24, 1983 and that the appli- cant be urged to meet with the Council Member of the First Ward and the Planning Director to go through those items that Grey- hound is deficient in for a resolution. HAMPSHIRE FLOODWAY LANDSCAPING/IRRIGATION PROJECT COMPLETION - FUND EXPENDITURE In a memorandum dated February 22, 1983, Annie Ramos, Direc- tor of Park and Recreation, requested allocation of funds in the amount of $92,890, for completion of the Hampshire Floodway Landscaping/Irrigation project. (11) Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimously carried, that funds in the amount of $92,890 be appropriated from Account No. 20-411-380 for the purpose of completing the Hampshire Floodway Landscaping and Irrigation project. . STREET IMPROVEMENTS - VARIOUS LOCATIONS C. Glenn Wilson, Director of Public Works/City Engineer, recommended in a memorandum dated February 22, 1983, that the plans for installing fill-in street improvements at 23 various locations be approved and requested authorization to advertise for bids. (12) - 3 - 3/4/83 . . . . . . Council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the plans for installation of fill-in street improvements, adjacent to 23 parcels, in accor- dance with Plan No. 6343, be approved; and the Director of Public Works/City Engineer authorized to advertise for bids. CITY HALL AUTOMATIC DOORS - CHANGE ORDER NO. ONE - EZ AUTOMATED SYSTEMS In a memorandum dated February 18, 1983, C. Glenn Wilson, Director of Public Works/City Engineer, recommended that Change Order No. One to the contract with E Z Automated Systems, Inc., for installing automatic doors in the lobby of City Hall, be approved. The Change Order will direct the contractor to install safety beams, muntin bars and new thresholds for an increase in the contract price of $1,300. (13) Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that Change Order No. One to the contract with E Z Automated Systems, for installation of automatic doors for the lobby of City Hall, in accordance with Plan No. 6262, to direct the contractor to install safety beams, muntin bars and new thresholds, at an increase in the contract price of $1,300, from $11,300 to $12,600, be approved. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that the transfer of $600 from Account No. 01-312-131 (Building-Maintenance) to Account No. 01-312-892 (Automatic Entrance Doors), be authorized. STREET LIGHTING IMPROVEMENTS - MT. VERNON AVENUE, FROM SECOND STREET TO NINTH STREET A memorandum dated February 16, 1983 was received from C. Glenn Wilson, Director of Public Works/City Engineer, recommend- ing that the plans for street lighting improvements on Mt. Vernon Avenue, from Second Street to Ninth Street, be approved and re- quested authorization to advertise for bids. (14) Council Member Hobbs made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the plans for street lighting improvements on Mt. Vernon Avenue, from Second Street to Ninth Street, in accordance with Plan No. 6291, be approved; and the Director of Public Works/City Engineer authorized to adver- tise for bids. REQUEST FOR FUNDS - YOUTH DEVELOPMENT PROGRAM A letter dated February 14, 1983 was received from o. Dennis Mims, Director of the Youth Development Program, requesting fi- nancial assistance for support of the Youth Development Program to sponsor twenty participants. (15) Council Member Castaneda made a motion, seconded by Council Member Hobbs and unanimously carried, that the request be tabled. BALLARD LITTLE LEAGUE FIELD RESTROOM/CONSESSION/ STORAGE BUILDING - NUNEZ PARK - CHANGE ORDER NO. ONE - STANLEY E. NELSON C. Glenn Wilson, Director of Public Works/City Engineer, recommended in a memorandum dated February 18, 1983 that Change Order No. One to the contract with Stanley E. Nelson for the con- struction of the restroom/concession/storage building for the Ballard Little League Field in Nunez Park be approved. The Change Order revises the special provisions to comply with re- quirements of the Department of Housing and Urban Development for Community Development Funds. (16) Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that Change Order No. One to the contract with Stanley E. Nelson, for completion of the restroom/concession/storage building for Ballard Little League Field in Nunez Park, per Plan No. 6315, be approved at no increase in the contract price of $24,831.00. - 4 - 3/4/83 . . . Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that the transfer of $3,000 from Account No. 41-460-691 (First Ward) to Account No. 41-460-760 (Ballard Field Concession Stand); be authorized. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 14.08.070 SUBSECTION D OF THE SAN BERNAR- DINO MUNICIPAL CODE REGARDING CABLE TELEVISION SER- VICE TO PERMIT THE MAYOR AND COMMON COUNCIL TO EX- EMPT REQUIREMENT OF AN OFFICE WITHIN THE CITY FOR COMPANIES HAVING LESS THAN TWO HUNDRED SUBSCRIBERS WITHIN THE CITY FROM THE REQUIREMENT OF AN OFFICE WITHIN THE CITY FOR GOOD AND SUFFICIENT REASON. FIRST (17) The City Clerk read the title of the ordinance. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the first reading of the ordinance be waived and said ordinance be laid over for final passage. . PUBLIC HEARING TO SET FEES - ORDINANCE AMENDMENTS Mayor Holcomb urged the Council to ask the City Attorney to prepare the necessary documents to set fees for single purpose ordinance amendments. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, to instruct the City Admin- istrator and City Attorney to prepare the neccessary documents for a public hearing for adoption of all fee schedules required to be adopted by public hearing. WAIVE READINGS - RESOLUTIONS The City Clerk read the titles of all resolutions on the agenda. Council Member Quiel made a motion, seconded by Council Mem- ber Hobbs and unanimously carried, that further reading of all the resolutions on the agenda be waived. RES. 83-68 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING AN AMENDMENT TO AGREEMENT FOR CON- VEYANCE OF TIMBER RIGHTS. (Margo Damus, 1525 East Bonita Vista Drive) (19) . Council Member Quiel made a motion, seconded by Council Mem- ber Hobbs, that said resolution be adopted. Resolution No. 83-68 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. RES. 83-69 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO ACCEPTING THE TERMINATION OF AN AGREEMENT WITH THE BOARD OF TRUSTEES OF CHAFFEY COMMUNITY COLLEGE DISTRICT RELATING TO A SENIOR COMPANION PROGRAM AT CHAFFEY COMMUNITY COLLEGE. (20) Council Member Quiel made a motion, seconded by Council Mem- ber Hobbs, that said resolution be adopted. Resolution No. 83-69 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. . - 5 - 3/4/83 . . . RES. 83-70 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO ACKNOWLEDGING RECEIPT OF NOTICE OF TERMINATION AND ACCEPTING TERMINATION OF AN AGREEMENT WITH IN- LAND AREA URBAN LEAGUE RELATING TO FINANCIAL ASSIS- TANCE FOR THE FISCAL YEAR 1982-83 FOR A MOTIVATION- AL WORK EXPERIENCE PROGRAM FOR HIGH SCHOOL STUDENTS; AND DIRECTING THE DIRECTOR OF FINANCE TO AUDIT RECORDS AND RECOVER ANY FUNDS DUE CITY. (21) Council Member Quiel made a motion, seconded by Council Mem- ber Hobbs, that said resolution be adopted. Resolution No. 83-70 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. RES. 83-71 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT OF SAN BERNARDINO COUNTY RELATING TO THE SALE OF THE MITCHELL SCHOOL SITE TO THE CITY. (22) . Council Member Marks made a motion, seconded by Council Mem- ber Hernandez, that said resolution be adopted. Resolution No. 83-71 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. COUNCIL MEMBER HERNANDEZ EXCUSED Council Member Hernandez was excused from the Council Meet- ing. RES. 83-72 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AWARDING A CONTRACT FOR THE FURNISHING AND DE- LIVERING OF ALUMINUM BLEACHER MATERIAL IN ACCORDANCE WITH SPECIFICATION NO. F-83-3. (General Seating Co.) (23) Council Member Hobbs made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. . Resolution No. 83-72 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: Council Member Hernandez. RES. 83-73 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AMENDING RESOLUTION NO. 655 ENTITLED IN PART "A RESOLUTION. . .DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS. . ."; AND AUTHORIZING THAT THE "THROUGH HIGHWAY" DESIGNATION OF NINTH STREET BE EXTENDED TO ELMWOOD ROAD, BEING THE EAST CITY LIMIT LINE. (24) Council Member Hobbs made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. Resolution No. 83-73 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: Council Member Hernandez. COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. . COUNCIL MEMBER CASTANEDA EXCUSED Council Member Castaneda was excused from the Council Meeting. - 6 - 3/4/83 . . . RESOLUTION OF THE CITY OF SAN BERNARDINO OPPOSING THE DETACHMENT OF INCORPORATED AREAS FROM THE CITY OF SAN BERNARDINO AS CURRENTLY BEFORE THE LOCAL AGENCY FOR- MATION COMMISSION AS FILE 2220. (25) Council Member Marks made a motion, seconded by Council Mem- ber Hernandez and unanimoUSly carried, that the resolution be tabled. COUNCIL MEMBER CASTANEDA RETURNED Council Member Castaneda returned to the Council Meeting and took his place at the Council Table. WAIVE READINGS - ORDINANCES The City Clerk read the title of all the ordinances on the agenda. Council Member Castaneda made a motion, seconded by Council Member Reilly 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 CHAPTER 19.56 OF THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH VARIATIONS OF MINIMUM STANDARDS FOR PARKING SPACES WITHIN ENCLOSED STRUCTURES. (First reading) (26) Council Member Castaneda made a motion, seconded by Council Member Marks and unanimously carried, that said ordinance be re- ferred to the Planning Commission. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.28.060 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO BUILDING HEIGHT IN THE C-3 GEN- ERAL COMMERCIAL AND C-3A LIMITED GENERAL COMMERCIAL ZONES TO INCREASE MAXIMUM HEIGHT FROM THIRTY-FIVE FEET TO FORTY-FIVE FEET. FIRST (27) Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that said ordinance be laid over for final passage. . ORD. MC-252 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING SECTION 18.44.030 OF THE SAN BERNAR- DINO MUNICIPAL CODE TO PERMIT GUARANTEE BY REDEVEL- OPMENT AGENCY IN LIEU OF BOND, CASH OR SECURITY IN DEVELOPMENTS COVERED BY DISPOSITION AND JOINT DE- VELOPMENT AGREEMENT. FINAL (28) Council Member Castaneda made a motion, seconded by Council Member Strickler, that said ordinance be adopted. Ordinance MC-252 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. ORD. MC-253 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING SECTION 5.04.420 SUBSECTION D OF THE SAN BERNARDINO MUNICIPAL CODE CONCERNING TIME FOR PAYMENT OF COLLECTION AGENCY BUSINESS LICENSE FEES. The City Clerk answered questions regarding the discount granted to contractors. FINAL (29) . council Member Castaneda made a motion, seconded by Council Member Strickler, that said ordinance be adopted. - 7 - 3/4/83 . . Ordinance MC-253 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, .. Hobbs, Strickler. Noes: None. Absent: None, ORD. MC-254 - ORDINANCE OF THE CITY OF SAN BERNAR- FINAL DINO AMENDING SECTIONS 5.40.090 AND 8.15.170 SUB- SECTION B OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING CHAPTER 9.90 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH AUTHORITY OF CERTAIN FIRE OFFICERS, POLICE OFFICERS, PARKING CONTROL CHECKERS AND CERTAIN SECURITY OFFICERS, TO ENFORCE LITTER PROVISIONS OF THE SAN BERNARDINO MUNICIPAL CODE. (30) Council Member Castaneda made a motion, seconded by Council Member Strickler, that said ordinance be adopted. Ordinance MC-254 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. .. ORD. MC-255 - 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. 82-28, A REC- TANGULARLY-SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 1.2 ACRES HAVING A FRONTAGE OF AP- PROXIMATELY 350 FEET ON THE SOUTH SIDE OF MARSHALL BOULEVARD AND BEING LOCATED APPROXIMATELY 300 FEET WEST OF THE CENTER LINE OF STERLING AVENUE) . FINAL (31) Council Member Castaneda made a motion, seconded by Council Member Strickler, that said ordinance be adopted. Ordinance MC-255 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. . ORD. MC-256 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING SECTION 5.76.550 OF THE SAN BERNAR- DINO MUNICIPAL CODE PERTAINING TO TOWING CARRIERS ROTATION LIST TO REPEAL PROVISIONS REQUIRING THE MAYOR AND COMMON COUNCIL TO ESTABLISH THE NUMBER OF TOWING CARRIERS TO BE PLACED ON THE LIST. FINAL (32) Council Member Castaneda made a motion, seconded by Council Member Strickler, that said ordinance be adopted. Ordinance MC-256 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. ORD. MC-257 - ORDINANCE OF THE CITY OF SAN BERNAR- DINO AMENDING SECTION 5.76.540 OF THE SAN BERNAR- DINO MUNICIPAL CODE PERTAINING TO TOWING CARRIERS TO ADD REQUIREMENT THAT TOW VEHICLES BE RATED AT A MINIMUM OF ONE TON CAPACITY. FINAL (33) Council Member Castaneda made a motion, seconded by Council Member Strickler, that said ordinance be adopted. Ordinance MC-257 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler. Noes: None. Absent: None. . COUNCIL MEMBER HOBBS EXCUSED Council Member Hobbs was excused from the Council Meeting. - 8 - 3/4/83 . . . ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAP- TER 15.12 TO THE SAN BERNARDINO MUNICIPAL CODE CON- CERNING EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS. (Final reading) (34 ) Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the ordinance be referred back to the City Attorney and the Planning Director for modification. COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and took his place at the Council Table. FINDINGS OF FACT AMENDMENT - DINE AND DANCE LICENSE REVOCATION - MICHAEL AND PAUL GOEHRING - THE GROVE Ralph Prince, City Attorney, recommended in a memorandum dated March 1, 19B3 that the following amended findings of fact and conclusions regarding the dine and dance license revocation of Michael and Paul Goehring for The Grove, be adopted: (Sl) . 1. On January B, 19B3, and on January 19, 19B3, a matron was not in attendance during times when dancing was permitted, in violation of condition of approval Number 1 imposed by the Mayor and Common Council "That a special officer and matron be in attendance at all times that dancing is permitted. " 2. That on January B, 19B3 and January 19, 19B3, the special officers present were not persons with previous law enforcement experience and that on February 17, 19B3, the matron was not a person with previous law enforcement experience, in vio- lation of condition of approval Number 3 imposed by the Mayor and Common Council "That the special officer and matron be persons with previous law enforcement experience". We specifically find that on February 17, 19B3, one male officer on duty had extensive law enforcement experience. . 3. That on January B, 19B3, sufficient security was not present to prevent parking lot problems such as public drinking, in violation of condition of approval Number 4 imposed by the Mayor and Common Council "That sufficient lighting and security be present to prevent parking lot problems such as public drinking, drug sales or other disturbances of the public peace". 4. That on January B, 19B3 and on January 19, 19B3, The Grove's "Company Policy as to Employee's Duties" was not strictly enforced by applicants, in viola- tion of condition of approval Number 5 imposed by the Mayor and Common Council "That the policy adopted by The Grove as 'company policy as to employee's duty', a copy of which is attached hereto and in- corporated herein by reference, be strictly enforced by applicants". . CONCLUSIONS Based on the foregoing findings of fact, the Mayor and Common Council revoke the dine and dance license of Paul Goehring and Michael Goehring at 1353 North "E" Street in the City of San Bernardino. - 9 - 3/4/B3 . . . Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the Amended Find- ings of Fact and conclusions be adopted as presented by the City Attorney in the matter of the dine and dance license revocation of Michael and Paul Goehring, dba The Grove. . REQUEST FOR DISCUSSION - SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT LETTER Council Member Marks requested in a memorandum dated March 1, 1983, discussion on the letter from the South Coast Air Quality Management District addressed to Mayor W. R. "Bob" Holcomb dated February 23, 1983. The letter states that the Environmental Pro- tection Agency proposes to impose a moratorium on the construction of major new or modified stationary sources in the South Coast Air Basin. The letter also states that the Environmental Protection Agency published a notice in the Federal Register soliciting com- ments on the withholding of federal funds for highways, waste water treatment facilities and air grants in the South Coast Air Basin. (S2) Council Member Marks made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the Mayor be directed to write a letter on behalf of the Mayor and Common Council to the EPA protesting the proposed EPA actions and incorporating the suggested comments outlined in the South Coast Air Quality Manage- ment District's letter dated February 23, 1983. PATTON PARK ATHLETIC FIELDS DEVELOPMENT - PACIFIC AND ARDEN AVENUES In a memorandum dated March 1, 1983, Annie Ramos, Director of Park and Recreation, requested direction in regard to the Phase I development of Patton Farm Park Athletic Fields upgrading. (S3) Council Member Strickler made a motion, seconded by Council Member Castaneda and unanimously carried, that the plans for Phase I of the upgrading of the baseball and softball fields at Patton Farms Property, in accordance with Plan No. 6309, be approved; and the Director of Public Works/City Engineer authorized to advertise for bids. APPOINTMENT - HARDGRAVE - DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER Council Member Reilly made a motion, seconded by Council Member Castaneda, that Roger Hardgrave be appointed to the posi- tion of Director of Public Works/City Engineer. (S4) . At the request of Council Member Marks the matter was held over for a closed session. COUNCIL COMMITTEE ON RELATIONS WITH UNINCORPORATED TERRITORIES REPORT Council Member Marks of the Council Committee on Relations with Unincorporated Territories, gave a report on the major points discussed between the LAFCO personnel and the Committee at their meeting held on Monday, February 28, 1983. (S5) No action was taken. . MANUFACTURED AND FACTORY BUILT HOMES INSTALLATION - SINGLE FAMILY LOTS Council Member Hobbs stated in a memorandum dated March 4, 1983 that he has received numerous complaints concerning the in- stallation of both factory built homes and manufactured homes on individual single-family lots. He stated in his memorandum that he was informed by the Planning Director that there are currently no provisions within the zoning ordinance which prohibit the in- stallation of these types of units in R-l areas. He recommended in his memorandum that the Planning Commission be directed to prepare the necessary ordinance that would allow a review of the locations of both manufactured and factory built homes on R-l residential lots. - 10 - 3/4/83 . . . Allen Briggs, Assistant City Attorney, answered questions stating that the State of California has a strong policy encour- aging affordable housing. Part of this policy is a broad treat- ment of manufactured housing and mobile homes. There are some provisions that allow the City to limit the area in which manu- factured housing and mobile homes can be located. Council Member Hobbs made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that the Planning Commission and the City Attorney be instructed to prepare appropriate ordi- nance amendments which provide for standards and procedures for the location of both factory built and manufactured units in single-family residential areas. APPOINTMENT - BRUE - COMMUNITY DEVELOPMENT CITIZEN ADVISORY COMMITTEE Pursuant to the recommendation of Council Member Hernandez, Mayor Holcomb appointed Mrs. Willie Brue of 1063 South Lincoln Avenue, to serve as a member on the Community Development Citizen Advisory Committee. . Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that the appointment be confirmed. STREET PAVING - STATE COLLEGE PARKWAY, FROM ROUTE 215 FREEWAY TO KENDALL DRIVE Roger Hardgrave, Acting Director of Public Works/City Engi- neer, requested in a memorandum dated March 4, 1983, that the Mayor and Council determine that the paving of the two inside traffic lanes (adjacent to the curbed median) on State College Parkway, from Route 215 Freeway to Kendall Drive, can be done by City Forces from the Division of Public Services. He stated in his memorandum that the two inside lanes were to have been paved through another assessment district but the district was not approved, so these lanes have not been paved. Council Member Quiel made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that a determination be made that the public project consisting of paving the two inside lanes on State College Parkway, from Route 215 Freeway to Kendall Drive, can be done by City Forces. . APPRAISAL AND ACQUISITION SERVICES - TIPPECANOE AVENUE BRIDGE OVER THE SANTA ANA RIVER - COUNTY AGREEMENT In a memorandum dated March 3, 1983, Roger Hardgrave, Acting Director of Public Works/City Engineer, recommended that a reso- lution authorizing the execution of an agreement with the County of San Bernardino to provide the City of San Bernardino appraisal and acquisition services for the new Tippecanoe Avenue Bridge over the Santa Ana River, be adopted. RES. 83-74 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE PROVI- SION OF APPRAISAL AND ACQUISITION SERVICES FOR OB- TAINING THE NECESSARY RIGHTS OF WAY FOR CONSTRUCTION OF A NEW BRIDGE ON TIPPECANOE AVENUE OVER THE SANTA ANA RIVER. The City Clerk read the title of the resolution. Council Member Quiel made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that further reading of the resolution be waived. . The Mayor and Council discussed whether or not prior autho- rization for spending funds on the Tippecanoe Avenue bridge had been given. - 11 - 3/4/83 . . . Council Member Quiel made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. Resolution No. 83-74 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Hobbs, Strickler. Noes: Council Member Hernandez. Absent: None. RES. 83-75 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO AGREEMENT WITH THE SAN BERNARDINO ECONOMIC DEVEL- OPMENT COUNCIL, INC., RELATING TO THE CREATION OF A REVOLVING LOAN FUND, TO AUTHORIZE ADDITIONAL PUR- POSES TO BE SERVED BY THE REVOLVING LOAN FUND, AND TO PROVIDE FOR PAYMENTS TO THE FUND AS FUNDS BECOME AVAILABLE. The City Clerk read the title of the resolution. council Member Marks made a motion, seconded by Council Mem- ber Quiel and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. . Resolution No. 83-75 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. RECESS MEETING - CLOSED SESSION At 10:15 a.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino recessed for a Closed Session for discussion on personnel matters and pending litigation. (18) 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; Assistant City Attor- ney Briggs, City Clerk Clark, City Administrator Matzer. Absent: None. Also present were Ray Schweitzer, Deputy City Administrator, and Joe Canton, Director of Personnel. ADJOURN CLOSED SESSION At 10:40 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 10:40 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 Ber- nardino, 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; Assistant City Attor- ney Briggs, City Clerk Clark, City Administrator Matzer. Absent: None. - 12 - 3/4/83 . . . APPOINTMENT - HARDGRAVE - DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that Roger G. Hardgrave be appointed to the position of Director of Public Works/City Engineer effective March 4, 1983. (S4) GRIEVANCE - DAVID CLARK, MIKE LEWIS - SENIOR IDENTIFICA- TION INSPECTORS - POLICE DEPARTMENT In a memorandum dated February 24, 1983, Joe Canton, Director of Personnel, stated that a grievance has been submitted by the San Bernardino Police Benefit Association on behalf of David Clark and Mike Lewis, Senior Identification Inspectors in the Police Department, complaining that the Chief of Police has assigned Identification Technicians to field assignments. The Personnel Director further explained in his memorandum that the employee representative has failed to demonstrate that the City has violated the Memorandum of Understanding. The Personnel Director is recom- mending in his memorandum that the alleged grievance submitted by the San Bernardino Police Benefit Association on behalf of David Clark and Mike Lewis be denied. . Council Member Strickler made a motion, seconded by Council Member Quiel and unanimously carried, that the alleged grievance of the Senior Identification Inspectors, David Clark and Mike Lewis, be denied on the basis that no grievance has occurred, since no violation of the Memorandum of Understanding has been presented. REQUEST FOR CONFLICT OF INTEREST INVESTIGATION Council Member Hernandez presented Planning Commission minutes from the meeting of December 7, 1982, April 6, 1982 and July 6, 1982. In these minutes, Tim Gergen, a candidate for the Third Ward Council seat, was present and voted on an extension of time for a tract owned by Chuck King and Associates, a change of zone where Chuck King was the applicant and an extension of time where Sidney Kline was the owner. Council Member Hernandez also presented pages from Mr. Gergen's campaign statement showing a donation from Sidney Kline on December 27, 1982, and a donation from Chuck King on November 9, 1982, and requested an investigation by the City Attorney for a conflict of interest violation under Assembly Bill 1040. . Assistant City Attorney Briggs answered questions stating that there is an apparent conflict of interest. Mayor Holcomb ended discussion on this matter as new business items must be introduced by vote of the Council. Council Member Hernandez made a motion, seconded by Council Member Hobbs, to appeal the decision of the chair that the matter is not properly before the Council. The motion failed by the following vote: Ayes: Members Castaneda, Hernandez, Hobbs. Noes: Council Reilly, Quiel, Strickler. Absent: None. Abstain: Member Marks. (Later reconsidered) Council Members Council 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. . The Redevelopment Agency and the Community Development Com- mission acted upon their agenda items. - 13 - 3/4/83 . . . RES. 83-76 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO DESIGNATING A DESCRIBED AREA AS AN ENTERPRISE ZONE. (Seventh Street, north along the City limits to Palm Avenue and 1-215; south to 11th Street, west along Mt. Vernon to Fifth Street, returning to 11th Street, then west to Seventh Street.) The City Clerk read the title of the resolution. Council Member Hobbs made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that further reading of the resolution be waived. Gary Van Osdel, Executive Director of the Redevelopment Agency, stated that it makes sense to have an enterprise zone within or adjacent to the Northwest Project Area in order to use the tools of redevelopment within the enterprise zone. The Mayor and Cornmon Council discussed the boundaries of the enterprise zone. . The Executive Director of the Redevelopment Agency answered questions. Francisco Gomez asked questions about the enterprise zone concept. Council Member Hobbs made a motion, seconded by Council Mem- ber Strickler, that said resolution be adopted. Resolution No. 83-76 was adopted by Ayes: Council Members Castaneda, Reilly, Hobbs, Strickler. Noes: None. Absent: the following vote: Hernandez, Marks, Quiel, None. FEASIBILITY STUDY - ADJACENT AREA TO THE ENTERPRISE ZONE Council Member Marks made a motion, seconded by Council Mem- ber Castaneda and unanimously carried, that the Executive Direc- tor of the Redevelopment Agency be directed to look into the feasibility of adding appropriate adjacent areas to the enter- prise zone and report back to the Agency at a later date. . REDEVELOPMENT AGENCY - COMPLETION OF AGENDA The Redevelopment Agency completed their agenda items. RECESS MEETING At 11:25 a.m., the meeting recessed until 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. RECONVENE MEETING At 2:03 p.m., the Adjourned Regular Meeting of the Mayor and Cornmon 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, Marks, Quiel, Hobbs, Strickler; Assistant City Attorney Briggs, City Clerk Clark, City Administrator Matzer. Absent: Council Member Hernandez. . RECONSIDER PREVIOUS ACTION - REQUEST FOR CONFLICT OF INTEREST INVESTIGATION At the request of Mayor Holcomb, Council Member Strickler made a motion, seconded by Council Member castaneda and unani- mously carried, that the new business item requesting an inves- tigation of conflict of interest be reconsidered. - 14 - 3/4/83 . . . Council Member Marks made a motion, seconded by Council Mem- ber Strickler and unanimously carried, that the request to inves- tigate a conflict of interest be continued to the next Council meeting, Thursday, March 24, 1983, to allow Council Member Hernandez to be present and to allow the appropriate parties to be prepared to discuss the alleged conflict of interest if they so choose. APPEAL - VARIANCE NO. 83-1, 83-2 - SOUTHWEST CORNER OF 21ST STREET AND LINCOLN DRIVE - 499 WEST ORANGE SHOW ROAD - JACOBS A letter dated February 11, 1983 was received from Terry F. Jacobs, Site Planner for Target Stores, appealing the Planning Commission's decision of denial on Variance No. 83-1 and Variance No. 83-2. Variance No. 83-1 would permit a wall sign in excess of the maximum square footage for property located at the south- west corner of 21st Street and Lincoln Drive. Variance No. 83-2 would permit a wall sign in excess of the maximum square footage for property located at 499 West Orange Show Road. (35, 36) Mr. Terry Jacobs of Minneapolis, Minnesota, was present to represent Target Stores. . Frank Schuma, Planning Director, explained that the business has 1,104 square feet of free standing signs and this is a re- quest for additional signage in excess of the current code. Mr. Jacobs stated they are asking for a sign which is 68 inches by 40 feet long, a total of 267 square feet which is less than what exists at the site. He also stated that Target would be removing the painted signs. Mr. Jacobs explained why the design of the building requires additional signage. He also stated that on Variance No. 83-2, a 157 square foot sign is requested. After discussion, Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, that the recommendation of the Planning commission be reversed to allow a 165 square foot sign and that the Planning Director be instructed to report back to the Council with findings of fact. . COUNCIL MEMBER CASTANEDA EXCUSED Council Member Castaneda was excused from the Council Meet- ing. SET DATE - SECOND COUNCIL MEETING IN MARCH, 1983 Council Member Quiel made a motion, seconded by Council Mem- ber Reilly and unanimously carried, that the next Council meeting in March be held on Thursday, March 24, 1983, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Ber- nardino, California. COUNCIL MEMBER CASTANEDA RETURNED Council Member Castaneda returned to the Council Meeting and took his place at the Council Table. . FINDINGS OF FACT - VARIANCE NO. 83-1 AND VARIANCE NO. 83-2 - SOUTHWEST CORNER OF 21ST STREET AND LINCOLN DRIVE - 499 West ORANGE SHOW ROAD - TARGET STORES Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, that the applicant's responses to the Planning Commission's observation for Variance No. 83-1 for the Target Store at the southwest corner of 21st Street and Lincoln Drive be accepted as findings of fact as follows: (35) - 15 - 3/4/83 . . . 1. The Target store and adjacent parking lot is decidedly larger in size than adjoining com- mercial developments. The entire front build- ing face is almost 600 feet in length and 20 feet high. Target is asking to put in this space a sign which is 33 feet long and 5 feet high. This is the only building sign Target is requesting. The 150 square foot allowance for signage on the other building walls will not be used, thus of the total allowable 600 square feet of building signage, Target is using 165 square feet. 2. The signage proposed by Target is tasteful, in scale, aesthetically pleasing, and smaller in total size than the previous building signage. 3. The proposed sign is more compact than the existing and is not detrimental to the sur- rounding properties. . 4. The sign will be in scale with the store. It is tasteful and aesthetically pleasing in color and design. Council Member Reilly made a motion, seconded by Council Member Strickler and unanimously carried, that the applicant's responses to the Planning Commission's observations for Variance No. 83-2 for the Target Store at 499 West Orange Show Road, be accepted as findings of fact as follows: (36) . 1. The Target store and adjacent parking lot is decidedly larger in size than adjoining com- mercial developments. The entire front build- ing face is 550 feet in length and 20 feet high. Target is asking to put in this space a sign which is 33 feet long and 5 feet high. This is the only building sign Target is re- questing. The 150 square foot allowance for signage on the other building walls will not be used, thus of the total allowable 600 square feet of building signage, Target is using 165 square feet. 2. The signage proposed by Target is tasteful, in scale, aesthetically pleasing, and smaller in total size than the previous building signage. 3. The proposed sign is more compact than the existing and is not detrimental to the sur- rounding properties. 4. The sign will be in scale with the store. It is tasteful and aesthetically pleasing in color and design. . - 16 - 3/4/83 . . . ADJOURN MEETING At 2:25 p.m., Council Member Marks made a motion, seconded by Council Member Reilly and unanimously carried, that the meet- ing be adjourned. City Clerk . Approved the 24th of March, 1983. Mayor of the City of San Bernardino . . - 17 - 3/4/83