HomeMy WebLinkAbout02-04-1991 Minutes
City of San Bernardino, California
February 4, 1991
The Regular Meeting of the Mayor and Common Council of the
City of San Bernardino was called to order by Mayor Holcomb at
8:34 a.m., Monday, February 4, 1991, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by Deputy City Clerk Vale with the
following being present: Mayor Holcomb; Council Members Reilly,
Flores, Maudsley, Minor, Miller. Absent: Council Members
Estrada, Pope-Ludlam; City Attorney Penman, City Administrator
Edwins.
RECESS MEETING - CLOSED SESSION (1 & S-l)
At 8:35 a.m., the Mayor and Common Council and Community
Development Commission will recess to closed session for the
following:
a. to give instruction to the City' s/Commission' s
negotiator on the purchase of property pursuant to
Government Code Section 54956.8. The real property
which the negotiations concern is generally located at:
;
b. to consider personnel matters pursuant to Government
Code Section 54957;
c. to meet with designated representatives regarding labor
relations matters pursuant to Government Code Section
54957.6
d. to confer with the Chief of Police on matters posing a
threat to the security of public buildings or a threat
to the public's right of access to public services or
public facilities pursuant to Government Code Section
54957;
e.
to confer with the
litigation pursuant to
54956.9(b)(1), as there
litigation;
attorney regarding pending
Government Code Section
is significant exposure to
f.
to confer with the attorney regarding
li tigation pursuant to Government Code
54956.9(c), so that Council/Commission may
whether to initiate litigation;
pending
Section
decide
1
2/4/91
g. to confer with the attorney regarding pending
litigation which has been initiated formally to which
the City is a party pursuant to Government Code Section
54956.9(a) as follows:
Citv of San Bernardino vs. San Bernardino Baseball Club.
Inc. - San Bernardino Superior Court Case No. 239193;
Stubblefield Construction Company. et al vs. City of San
Bernardino. et al - San Bernardino Superior Court Case No.
242998; San Bernardino Superior Court Case No. 252058;
Sock Dawson. et al vs. City of San Bernardino. et al-
United States District Court Case No. SA 88-461 AHS (RWRx);
Charlotte
Bernardino
E007031;
Revnolds
Superior
vs. City of
Court Case No.
San Bernardino
248752 and Case
San
No.
Save San Bernardino vs. Citv of San Bernardino San
Bernardino Superior Court Case No. 250425;
Citv of Redlands vs. Inland Valley Development Aoencv, et al
_ San Bernardino Superior Court Case No. 255222;
Citv of San Bernardino vs. Deukmejian. et al San
Bernardino Superior Court Case No. 256623;
County vs. City of San Bernardino IRDA) - San Bernardino
Superior Court Case No. 258241.
City of
Indians.
6899 WJR
San Bernardino vs.
et al - United States
(Bx) ;
San Manuel Band of Mission
District Court - Case No. 85-
City of San Bernardino vs. Dvkes - San Bernardino Superior
Court Case No. 254883.
DeNavarette vs. City of San Bernardino - Superior Court Case
No. 257365;
Jesus Jose Walker vs. Ci tv of San Bernardino: - Court of
Appeals - Case No. E007285.
CLOSED SESSION
At 8:36 a.m., Mayor Holcomb called the closed session to
order in the conference room of the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
2
2/4/91
. -~----_._-_.'-~---"---'- - --_..._~"-".~._-_.._._~.._..
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Reilly, Flores,
Maudsley, Minor, Miller; City Attorney Penman, City Clerk
Krasney, City Administrator Edwins. Absent: Council Members
Estrada, pope-Ludlam.
Also present: Fred Wilson, Assistant City Administrator;
Robert Simmons, Deputy City Attorney, and Margaret Scroggin,
Administrative Operations Supervisor, City Attorney's Office.
READING OF RESOLUTIONS AND ORDINANCES
Deputy City Clerk Vale read the titles of all the
resolutions and ordinances on the regular, supplemental and
Community Development Commission agendas.
DEPUTY CITY ATTORNEY SIMMONS EXCUSED
At 8:40 a.m., Deputy City Attorney Simmons left the closed
session.
COUNCIL MEMBER
At 8:47 a.m.,
closed session.
POPE-LUDLAM ARRIVED
Council Member pope-Ludlam
arrived at the
MAYOR HOLCOMB AND ASSISTANT CITY ADMINISTRATOR WILSON
EXCUSED
At 8:52 a.m., Mayor Holcomb and Assistant City Administrator
Wilson left the closed session and Council Member Reilly assumed
the duties of Mayor Pro Tem.
ADJOURN CLOSED SESSION
At 9: 00 a. m., the closed session adjourned to the Regular
Meeting of the Mayor and Common Council of the City of San
Bernardino.
RECONVENE MEETING
At 9:32 a.m., Mayor Holcomb reconvened the Regular Meeting
of the Mayor and Common Council in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Reilly, Flores,
Maudsley, Minor, pope-Ludlam, Miller; City Attorney Penman, City
Clerk Krasney, City Administrator Edwins. Absent: Council
Member Estrada.
INVOCATION
The invocation was given by Phil Arvizo, Executive Assistant
to the Council.
3
2/4/91
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Pope-
Ludlam.
ANNOUNCEMENT BY MAYOR ASSISTANCE FOR FAMILIES OF
MILITARY PERSONNEL IN THE PERSIAN GULF (2)
Mayor Holcomb stated that he had been contacted by a couple
concerned about the plight of local families of military men and
women who have been sent to the Persian Gulf. He explained that
these families are experiencing a variety of problems, for
example, reduction in pay from civilian jobs, and children left
without parents. Neighbors helping neighbors can often solve
these kind of problems. The City will soon form a committee to
deal with these problems. Mayor Holcomb urged the community,
civic organizations and individuals interested in serving on such
a committee to contact the Mayor's Office at 384-5133.
ANNOUNCEMENT BY MAYOR - SAN BERNARDINO COUNTY PRISONER
BOOKING AND PROPERTY TAX COLLECTION FEES (2)
Mayor Holcomb stated that at 10 a.m. he would attend the
County of San Bernardino Board of Supervisors meeting to discuss
repealing fees imposed for prisoner bookings and collection of
property taxes. He explained that the Board of Supervisors could
generate more revenue by requiring businesses in the
unincorporated area of the County to pay a business license fee,
and imposing a utility user fee and cable television user fee.
These two alternatives would generate more revenue than the
prisoner booking and property tax collection fees. Mayor Holcomb
explained that the unincorporated areas of the County receive
special urban services without paying for them.
Mayor Holcomb explained the option of starting an initiative
drive to obtain signatures to place a repeal measure on the
ballot. If the prisoner booking and tax collection fees are
repealed, then the County would be forced to levy taxes for those
urban services that are provided in the unincorporated areas.
ANNOUNCEMENT - COUNCIL MEMBER FLORES - PEPPER RIDGE
HOUSING DEVELOPMENT (2)
Council Member Flores explained that he had received several
calls from residents in the Pepper Ridge housing development
regarding sand blowing from the construction of a high school in
the Rialto School District north of their homes. He stated that
the Rialto School District has been advised of the problem, and
will take measures to correct the problem. Should the problem
continue, Council Member Flores may be contacted at 384-5188.
ANNOUNCEMENT - COUNCIL MEMBER MINOR - CABLE TELEVISION
COMMISSION (2)
Council Member Minor explained that there is a vacancy' on
the Cable Television Commission because the current Fifth ward
member has moved out of the city. Council Member Minor explained
4
2/4/91
that this is an opportunity to volunteer
quality of television in the community.
contact Council Member Minor at 384-5278.
and help provide better
Interested citizens can
ANNOUNCEMENT - COUNCIL MEMBER MINOR - COUNTY PRISONER
BOOKING AND PROPERTY TAX COLLECTION FEES (2)
Council Member Minor expressed his support of efforts to
convince the County Board of Supervisors that there are means of
overcoming the budget deficit other than imposing a booking fee
or property tax collection fee.
ANNOUNCEMENT - COUNCIL MEMBER MILLER - ARDEN & GUTHRIE
AREA POLICE PROTECTION (2)
Council Member Miller stated that a community meeting is
scheduled for Wednesday, February 6, 1991, at 7:00 p.m., at the
Police Substation, 2025 East Highland Avenue, in the Albertson's
shopping center. Plans for police protection and code
enforcement for the recently annexed area around Arden and
Guthrie will be discussed. Council Member Miller urged all
residents to attend.
PUBLIC COMMENTS - MIKE WILLIAMS - NUCLEAR WASTE SITE
NEAR NEEDLES, CALIFORNIA (3)
Mr. Mike Williams, 940 Willow, Rialto, California, informed
the Mayor and Common Council of a nuclear waste dump being
planned for San Bernardino County near Needles, California,
approximately 10 miles from the Colorado River, and one mile from
1-40, upstream from the California aqueduct which supplies
Southern California's water.
Mr. Williams stated that nuclear radioactive waste will be
transported to this site by truck and rail from allover the
United States. He explained that there are no plans for lining
the site to protect it from leaching radioactive waste into the
ground water and expressed concerns about airborne contaminants
by rainfall and breezes spreading over the area. He said that
U. S. Ecology is the company proposing the project, and stated
that there are currently lawsuits in Illinois and New York for
past problems with groundwater and dangerous conditions. He made
available to the Council a six minute video cassette explaining
the project and asked the Council to investigate the project.
ANNOUNCEMENT - RACHEL KRASNEY - ELECTION SAVINGS (2)
Rachel Krasney, City Clerk, stated that with the cooperation
of San Bernardino County Registrar of Voters office, Sequoia
Pacific (elections company), and the mailing house, the City was
able to save over $3,000 by mailing the 72,000 sample ballots
before the postage rate increase.
5
2/4/91
PROCLAMATION - ARROWHEAD UNITED WAY CENTENNIAL 1891-
1991 (4)
Lorraine Velarde, Executive Assistant to the Mayor, read a
proclamation celebrating the Arrowhead United Way Centennial,
1891 - 1991, and stated that the City expresses heartfelt thanks
to a century of caring citizens.
Mr. Richard Fisher, President, American United Way, was
present to accept the proclamation.
PROCLAMATION - LEAGUE OF WOMEN VOTERS DAY - FEBRUARY
14, 1991 (4)
Lorraine Velarde, Executive Assistant to the Mayor, read a
proclamation declaring February 14, 1991, League of Women Voters
Day in the City of San Bernardino in recognition of 36 years of
service for the San Bernardino League and 71 years for the
National League.
Mrs. Jennifer McMullen, President of League of Women Voters
of San Bernardino, was present to accept the proclamation.
COMMENDATION - JUAN MANUEL CALDERON JAIMES - CONSUL OF
MEXICO (2)
Lorraine Velarde, Executive Assistant to the Mayor, read a
resolution commending Juan Manuel Calderon Jaimes, who served as
Consul of Mexico, assigned to the Counties of San Bernardino and
Riverside, California, and Clark County, Nevada. Mr. Calderon
has been promoted to the post of Director of Consular Affairs for
the government of Mexico and is leaving San Bernardino.
Juan Manuel Calderon Jaimes was present to accept the
resolution of commendation.
MAYOR HOLCOMB EXCUSED
At 10: 10 a.m., Mayor Holcomb left the Council meeting and
Council Member Reilly assumed the duties of Mayor Pro Tem.
ANNOUNCEMENT - MAYOR'S OFFICE - STREET SWEEPERS (2)
Lorraine Velarde, Executive Assistant to the Mayor,
explained that the Mayor's Office had been contacted by a
resident, Mr. Kelly, who was concerned because he had observed
five or six street sweepers congregating regularly between 8:00
a.m. and 9:00 a.m. at the same location.
Ms. Velarde explained that the street sweeping crews begin
work at 3:30 a.m., and their lunch hours are between 8:00 and
9:00, and it appears they are just getting together for lunch.
6
2/4/91
WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (5)
Council Member Flores made a motion, seconded by Council
Member pope-Ludlam, and unanimously carried, that further reading
of all resolutions and ordinances on the regular, supplemental
and Community Development Commission agendas be waived.
COUNCIL MINUTES (6)
Council Member Flores made a motion, seconded by Coun9il
Member pope-Ludlam, and unanimously carried, that the minutes of
the December 17, 1990 meeting of the Mayor and Common Council of
the City of San Bernardino, be approved as submitted in
typewritten form.
PLANNING AND BUILDING SERVICES DEPARTMENT - DEVELOPMENT
PERMIT TECHNICIAN - ESTABLISHING CLASSIFICATION (8)
In a memorandum dated January 16, 1991, Barbara Dillon,
Director of Personnel, stated that at the request of Larry Reed,
Director of Planning and Building Services, the classification of
Development Permit Technician is being established to more
effectively serve the public during the development stage of a
project. The Development Permit Technician will be used to
underfill three currently vacant Planning Aide positions, and is
similar to the recently established Engineering Aide position.
This downgrade will result in a total annual salary savings of
$24,099, based on three positions.
At its January 10, 1991 meeting, the Personnel Committee
recommended approval of the classification and set the salary at
range 1292.
Council Member Flores made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that three
positions of Development Permit Technician be established and
that the salary be set at Range 1292, $1901 - $2311; that three
positions of Planning Aide be deleted; and that the Personnel
Department update Resolutions 6433 and 6413, Section 10.
ESTABLISHMENT OF SALARIES FOR FIRE DEPARTMENT RANGES
P-5, P-6, P-7, FIRE MARSHAL AND TRAINING OFFICER -
EFFECTIVE AUGUST 1, 1990. (9)
In a memorandum dated January 23, 1991, Barbara Dillon,
Director of Personnel, stated that Section 186 of the City
Charter establishes a formula setting salaries for local safety
members effective each August 1. The City has reached agreement
with Fire Management on the ten cities whose salaries will be
averaged to determine this year's salaries for the P-5, Training
Officer, Fire Marshall, P-6 and P-7 for the Fire Department. The
cities selected are: Fremont, Fullerton, Huntington Beach,
Modesto, Oxnard, Pasadena, Riverside, Stockton, Thousand Oaks,
and Torrance. The total added cost for salaries and fringe
benefits is $47,242.
7
2/4/91
-----,..,--,~----~.--_..-...._----_..~._--_._------_.- ..
Council Member Flores made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the salaries
for Fire Department ranges P-5,"'P-6, P-7, Fire Marshal and
Training Officer, be established as outlined in the staff report
effective August 1, 1990, and that the Personnel Department be
directed to prepare an amendment to Resolution No. 6429.
CLAIMS AND PAYROLL
Council Member Flores made a
Member pope-Ludlam, and unanimously
payrolls, and the authorization to
the memorandum dated January 29,
Finance, be approved.
(10)
motion, seconded by Council
carried, that the claims and
issue warrants as listed on
1991, from the Director, of
PERSONNEL ACTIONS (11)
Council Member Flores made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the personnel
actions submitted by the Acting Chief Examiner, dated January 24,
1991, in accordance with all administrative regulations of the
City of San Bernardino, be approved.
RES. 91-36 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A FIFTH AMENDMENT TO AN
AGREEMENT WITH EUGENE R. HENRIKSEN RELATING TO POLICE
FIREARMS TRAINING AND THE SAN BERNARDINO POLICE PISTOL
RANGE. (12)
RES. 91-37 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
COLTON-REDLANDS-YUCAIPA REGIONAL OCCUPATIONAL PROGRAM
TO UTILIZE CLASSROOM AND LABORATORY FACILITIES TO BE
USED FOR THE INSTRUCTION OF SCHOOL AGE YOUTH OR ADULTS
ENROLLED ROP FOR ANIMAL, AND TO RESCIND RESOLUTION 90-
409. (13)
RES. 91-38 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ASSESSING CERTAIN PARCELS OF REAL PROPERTY LOCATED
WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF
ABATEMENT OF PUBLIC NUISANCES (ABANDONED VEHICLES) ON
SAID PROPERTIES. (15)
RES. 91-39 - RESOLUTION OF THE CITY OF SAN BERNARDINO
DECLARING ITS INTENTION TO ORDER THE VACATION OF A
PORTION OF EDGEHILL ROAD, EAST OF LITTLE MOUNTAIN
DRIVE, AND RESERVING AN EASEMENT FOR WATER LINES AND
APPURTENANT FACILITIES, AN ACCESS EASEMENT FOR
EMERGENCY VEHICLES, AND EASEMENTS FOR PUBLIC UTILITIES
THEREIN. (16)
8 2/4/91
~--_...__._-_..._----_."~--~----_._--- -..---... ------------------..~
RES. 91-40 - A RESOLUTION OF THE CITY OF SAN BERNARDINO
FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF
LANDSCAPING IN THE AREA OF PENNSYLVANIA AVENUE AND
BIRCH STREET, CREATING AN ASSESSMENT DISTRICT TO COVER
THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT
DISTRICT NO. 1001, ORDERING THE WORK AND THAT THE
SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF
1931 DOES NOT APPLY. (17)
RES. 91-41 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A
RESOLUTION PROHIBITING PARKING UPON CERTAIN
DESIGNATED STREETS OR PORTIONS THEREOF " TO
ESTABLISH A NO PARKING ANY TIME ZONE ON COMMERCIAL ROAD
BETWEEN HUNTS LANE AND WATERMAN AVENUE. (18)
RES. 91-42 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A
RESOLUTION PROHIBITING PARKING UPON CERTAIN
DESIGNATED STREETS OR PORTIONS THEREOF " TO
ESTABLISH A NO PARKING ANY TIME ZONE ON "H" STREET
BETWEEN SEQUOIA STREET AND DOVER DRIVE, APPLICABLE TO
THE WEST SIDE ONLY; "H" STREET BETWEEN 110 FEET SOUTH
OF THE SOUTH LINE OF NORTHPARK BOULEVARD AND DOVER
DRIVE, APPLICABLE TO THE EAST SIDE ONLY. (19)
RES. 91-43 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, "A
RESOLUTION DESIGNATING CERTAIN STREETS OR
PORTIONS THEREOF AS THROUGH HIGHWAYS ."; AND
PROVIDING THAT BUSINESS CENTER DRIVE IS A THROUGH
HIGHWAY AT ITS INTERSECTION WITH COMMERCENTER EAST.
(20)
RES. 91-44 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, "A
RESOLUTION PROHIBITING PARKING UPON CERTAIN
DESIGNATED STREETS OR PORTIONS THEREOF ." TO
ESTABLISH A NO PARKING ANY TIME ZONE ON BUSINESS CENTER
DRIVE BETWEEN 100 FEET WEST OF THE WEST LINE OF
COMMERCENTER EAST AND 100 FEET EAST OF THE EAST LINE OF
COMMERCENTER EAST, APPLICABLE TO THE SOUTH SIDE ONLY,
AND ON COMMERCENTER EAST BETWEEN BUSINESS CENTER DRIVE
AND 100 FEET SOUTH OF THE SOUTH LINE OF BUSINESS
CENTER DRIVE. (21)
Council Member Flores made a motion, seconded by Council
Member Pope-Ludlam, that said resolutions be adopted.
9
2/4/91
~'"---,----,---------'_._.-._.- - --_..__.,-~"-_._------------
Resolution Nos. 91-36, 91-37, 91-38, 91-39, 91-40, 91-41,
91-42, 91-43 and 91-44 were adopted by the following vote:
Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-
Ludlam, Miller. Nays: None. Absent: Council Member Estrada.
MC-767 ORDINANCE OF THE CITY OF SAN BERNARDINO
ADDING SECTION 2.17.035 TO THE SAN BERNARDINO MUNICIPAL
CODE RELATING TO ALTERNATE BOARD, BUREAU OR COMMISSION
MEMBERS. (Final) (22)
Council Member Flores made a motion, seconded by Council
Member Pope-Ludlam, that said ordinance be adopted.
Ordinance MC-767 was adopted by the following vote: Ayes:
Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam,
Miller. Nays: None. Absent: Council Member Estrada.
APPROVAL OF FUNDS - $102,177 FROM THE TAX ALLOCATION
BOND PROCEEDS FOR PHASE I OF THE EXPANSION OF PIONEER
CEMETERY NORTHWEST CORNER OF WATERMAN AVENUE AND
SEVENTH STREET. ( 7 )
Council Member Minor made a motion, seconded by Council
Member pope-Ludlam, and unanimously carried, that this item be
continued to 11:00 a.m. to be taken up in conjunction with the
Community Development Commission agenda. (see page 16)
COUNCIL MEMBER FLORES EXCUSED
At 10:12 a.m., Council Member Flores left the Council
meeting.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH THE COLTON UNIFIED
SCHOOL DISTRICT TO UTILIZE CLASSROOM AND LABORATORY
FACILITIES TO BE USED FOR THE INSTRUCTION OF SCHOOL AGE
YOUTH PARTICIPATING IN THE WORK ABILITY PROGRAM (14)
Council Member Miller made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, to continue the
resolution relative to the work ability program to the afternoon
in order to determine the amount of insurance the Colton Unified
School District will be required to carryon the program.
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 3985 ENTITLED, IN PART, "A RESOLUTION .
. . PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS
OR PORTIONS THEREOF. ." TO ESTABLISH A NO PARKING
ANY TIME ZONE ON TWENTY-FIRST STREET BETWEEN KENWOOD
AVENUE AND CRESTVIEW AVENUE, APPLICABLE TO THE SOUTH
SIDE ONLY. (Continued from January 23, 1991) (23)
10
2/4/91
In a memorandum dated December 18, 1990, Roger G. Hardgrave,
Director of Public Works/City Engineer, stated that the City is
installing traffic signals at 21st Street and Valencia Avenue.
This project, in conjunction with the recent completion of the
St. Bernardine Medical Center's parking structure, has made it
necessary to install a continuous left turn lane on 21st Street,
between Kenwood Avenue and Valencia Avenue. Due to width
restriction along the south side of 21st Street, between Kenwood
Avenue and Crestview Avenue, the left turn lane cannot be
accommodated and still allow on-street parking. Therefore, the
Traffic Engineering Section proposes removing on-street parking
on the south side of the street, between Kenwood Avenue and
Crestview Avenue.
At the meeting of January 23, 1991, the Council voted that
the matter be continued to this meeting to allow residents an
opportunity to protest the widening of the street and removal of
the trees.
In a memorandum dated January 22, 1991, Roger Hardgrave,
Director of Public Works/City Engineer, suggested that the
Council direct a change order to the contract for installing
traffic signals at Valencia Avenue and 21st Street, for widening
the south side of 21st Street, from Crestview Avenue to a point
about 300 feet to the west.
Roger Hardgrave, Director of Public Works/City Engineer,
answered questions regarding previous council action.
Council Member Miller made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the Director of
Public works/City Engineer be directed to negotiate a change
order to the contract for installing traffic signals at Valencia
Avenue and 21st Street, for widening the south side of 21st
Street, from Crestview Avenue to a point about 300 feet to the
west.
REPORT - ORANGE SHOW ROAD AND CENTRAL AVENUE EXTENSION
STUDIES. (Continued from January 23, 1991) (24)
Roger Hardgrave, Director of Public Works/City Engineer,
explained that he had not yet received the report from the San
Bernardino Associated Governments (SANBAG) and requested that the
item be continued for two weeks to allow time to obtain the
report.
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that the report on
Orange Show Road and Central Avenue extension studies be
continued to February 18, 1991, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino.
11
2/4/91
---,--,--_...._._------,_._--,--",-------~~_.
REQUEST FROM GENE PENSIERO FOR RELEASE OF CASH BOND
FILED IN CONNECTION WITH WIDENING THE STREET AT THE
SOUTHWEST CORNER OF "E" STREET AND 9TH STREET. (25)
In a memorandum dated January 24, 1991, Roger G. Hardgrave,
Director of Public Works/City Engineer, stated that Mr. pensiero
submitted an application in 1974 for a development on the
southwest corner of "E" Street and Ninth Street. A condition of
approval was that both streets be widened to their planned width
of 32 feet from the centerline. No work has been performed, due
to problems Mr. pensiero experienced in relocation efforts by the
utility companies.
In a memorandum dated January 24, 1991, Roger Hardgrave,
Director of Public works/City Engineer, stated that a letter had
been received from Mr. Gene Pensiero, of North American Auto
Industries, Inc., requesting release of a cash bond in the amount
of $7,500, which had been posted to guarantee widening of the
southwest corner of "E" Street and Ninth Street. Mr. Hardgrave
also gave the background of the application for a development on
the southwest corner of "E" Street and Ninth Streets, since the
condition to widen was first imposed. The second option is to
accept the $7,500 as the development's participation in the cost
of widening the streets and release the surety bond.
Roger Hardgrave, Director of Public Works/City Engineer,
answered questions relating to the project, the delays incurred
on the project and previous council action.
Mr. Gene Pensiero, 3648 Hemlock, San Bernardino, and owner
of G & M Motors and G & M Auto Parts, 898 North "E" Street, San
Bernardino, requested that the Mayor and Council release the
$7,000 cash bond.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Maudsley, that the request by Mr. Gene pensiero,
for release of the cash bond, in the amount of $7,000, filed to
insure street widening at the southwest corner of "E" Street and
Ninth Street, be approved.
The motion failed by the following vote:
Members Maudsley, pope-Ludlam, Miller. Nays:
Reilly, Minor. Absent: Council Members Estrada,
Ayes:
Council
Flores.
Council
Members
The Council discussed the need for widening the street and
its impact on existing structures in the area.
Roger Hardgrave, Director of Public Works/City Engineer,
stated that traffic projections show that the widening is
needed, and that all the work would be done in the present street
right-of-way, with no additional dedication or set back on
private property in order to accomplish this.
12
2/4/91
Council Member Minor made a motion, seconded by Council
Member Reilly, that the cash or bond, in the amount of $7,500
filed by Mr. Gene pensiero to insure street widening of the
southwest corner of "E" Street and Ninth Street, be deemed as
fulfilling the developer's obligation and authorization granted
to release the surety bond.
The motion carried by the following vote: Ayes:
Members Reilly, Maudsley, Minor, Miller. Nays: Council
Pope-Ludlam. Absent: Council Members Estrada, Flores.
Council
Member
COUNCIL MEMBER MILLER EXCUSED
At 10:31 a.m., Council Member Miller left the Council
meeting.
COUNCIL MEMBER ESTRADA ARRIVED
At 10:32 a.m., Council Member Estrada arrived at the
Council meeting and took her place at the council table.
RES. 91-45 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPOINTING ELECTION OFFICERS AND DESIGNATING POLLING
PLACES PURSUANT TO SECTION 2.56.110 OF THE SAN
BERNARDINO MUNICIPAL CODE FOR THE PRIMARY MUNICIPAL
ELECTION TO BE HELD MARCH 5, 1991. (S-2)
Council Member Reilly made a motion, seconded by Council
Member Pope-Ludlam, that said resolution be adopted.
Resolution
Ayes: Council
Ludlam. Nays:
No. 91-45 was adopted by the following vote:
Members Estrada, Reilly, Maudsley, Minor, Pope-
None. Absent: Council Members Flores, Miller.
COUNCIL MEMBER MILLER RETURNED
At 10:39 a.m., Council Member Miller returned to the Council
meeting and took her place at the Council table.
EXTENSION OF SEWER LINE AT ROOSEVELT STREET, WEST OF
STATE STREET - CITY'S PARTICIPATION IN SUCH COST. (S-3)
In a memorandum dated January 31, 1991, Roger Hardgrave,
Director of Public Works/City Engineer, stated that a letter had
been received from Dagoberto Martinez in reference to property
located at 2160 Roosevelt Street requesting a sewer waiver.
However, the property does not meet the requirements for a sewer
waiver, therefore, the owner is now seeking reimbursement for
costs incurred for extending the sewer main in excess of 300
feet.
Total estimated cost for approximately 900 feet of sewer
line is $37,000. There is a possibility that other properties
would connect to the sewer in the coming years, and the area
needs sewer installation for proper development.
13
2/4/91
..-.-_."_._--".."-_._-_._"_'~"'_---_"'_------'-
Roger Hardgrave, Director of Public works/City Engineer,
stated that the applicant intends to move a house to 2160
Roosevel t Avenue. He explained that all new development is
required to hook up to the sewer system, with certain narrow
exceptions. The applicant requested a waiver of the requirement
to connect to the sewer system, but did not meet the requirement
for a waiver. Staff advised the applicant that he could apply
for assistance with the cost of extending the main over 300 feet.
The applicant has made such a request.
Council Member Minor made a motion, seconded by Council
Member pope-Ludlam, to authorize the Director of Public
works/City Engineer to proceed with extending the sewer line at
Roosevelt Street, west of State Street and that the City
participate in such cost.
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Minor, Pope-Ludlam, Miller.
Council Member Maudsley. Absent: Council Member Flores.
Council
Nays:
The Council requested Shauna Edwins, City Administrator, to
review the process of septic tank and sewer line waiver approval
for the purpose of potentially streamlining procedures.
RES. 91-46 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
COLTON UNIFIED SCHOOL DISTRICT TO UTILIZE CLASSROOM AND
LABORATORY FACILITIES TO BE USED FOR THE INSTRUCTION OF
SCHOOL AGE YOUTH PARTICIPATING IN THE WORK ABILITY
PROGRAM. (Continued from earlier in the meeting, see
page 10) (14)
Shauna Edwins, Ci ty Administrator, stated that the Colton
Unified School District would be required to carry a one million
dollar insurance policy on the program.
Council Member Miller made a motion, seconded by Council
Member Estrada, that said resolution be adopted.
Resolution
Ayes: Council
Ludlam, Miller.
No. 91-46 was adopted by the following vote:
Members Estrada, Reilly, Maudsley, Minor, Pope-
Nays: None. Absent: Council Member Flores.
RECESS MEETING
At 10:39 a.m., Mayor Pro Tem Reilly recessed the meeting
until 11:00 a.m.
RECONVENE MEETING
At 11:08 a.m., Mayor Pro Tem Estrada reconvened the Regular
Meeting of the Mayor and Common Council in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
14
2/4/91
-------------,-_..,_..._~--_...__.._---_._,.,'-----_. -_..
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Pro Tem Estrada; Council Members Estrada,
Reilly, Maudsley, Minor, pope-Ludlam, Miller; Senior Assistant
City Attorney Barlow, City Clerk Krasney. Absent: Mayor
Holcomb; Council Member Flores; City Administrator Edwins.
COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY-
REGULAR MEETING
At 11:09 a.m., the Regular Meeting of the Community
Development Commission was called to order by Vice-Chairman
Estrada in the Council Chambers, City Hall, 300 North "D" Street,
San Bernardino, California.
FISCAL YEAR 1991-1992 COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM MIX (R-5)
In a memorandum dated January 31, 1991, Kenneth Henderson,
Executive Director, Development Department, stated that although
several meetings regarding the City's FY 1991/92 Community
Development Block Grant allocation have occurred, the
discussions have not resulted in the receiving of reliable
information. As such, the program mix in the staff report is for
planning purposes and represents ninety percent of the current
year's grant. If the grant amount is larger than this amount,
each approved category would be increased by a prorated amount.
Kenneth Henderson explained that on this date he received
confirmation that the City's grant for the upcoming fiscal year
is $1,862,000. This amount represents a significant increase
over the last several years, and an increase of $400,000 more
than was expected.
The Council discussed the funding requirements
various programs and how the unexpected $400,000
allocated among the various approved programs.
for
would
the
be
Mr. Henderson explained that the funding levels are limited
in administration and public services, but for other programs the
only funding limits are the eligibility regulations.
Council Member Miller made a motion, seconded by Council
Member Reilly, and unanimously carried, that the Fiscal Year
1991-1992 Community Development Block Grant Program Mix be
referred to RDA Committee for further review and consideration
and to return at a later meeting.
15
2/4/91
RECESS MEETING - CLOSED SESSION (1 & R-8)
At 11:28 a.m., the Common Council, acting as the Community
Development Commission, recessed to closed session in the
conference room of the Council Chambers, City Hall, 300 North
"D" Street, San Bernardino, California, for the following:
a. to consider personnel matters pursuant to Government
Code Section 54957.
CLOSED SESSION
At 11:29 a.m., Mayor Pro Tem Estrada called the closed
session to order 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 City Clerk Krasney with the following
being present: Mayor Pro Tem Estrada; Council Members Estrada,
Reilly, Maudsley, Minor, Pope-Ludlam; Senior Assistant City
Attorney Barlow, City Clerk Krasney, City Administrator Edwins.
Absent: Mayor Holcomb; Council Member Flores.
ADJOURN CLOSED SESSION
At 12:15 p.m., the closed session adjourned to the Regular
Meeting of the Mayor and Common Council.
RECONVENE MEETING
AT 12:16 p.m., Mayor Pro Tem Estrada reconvened the Regular
Meeting of the Mayor and Common Council in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Pro Tem Estrada; Council Members Estrada,
Reilly, Maudsley, Minor, Pope-Ludlam, Miller; Senior Assistant
City Attorney Barlow, City Clerk Krasney, City Administrator
Edwins. Absent: Mayor Holcomb; Council Member Flores.
APPROVAL OF FUNDS - $102,177 FROM THE TAX ALLOCATION
BOND PROCEEDS FOR PHASE I OF THE EXPANSION OF PIONEER
CEMETERY NORTHWEST CORNER OF WATERMAN AVENUE AND
SEVENTH STREET. (Continued from earlier in the meeting,
see page 10) (7)
In a memorandum dated January 16, 1991, Roger G. Hardgrave,
Director of Public works/City Engineer, stated that the original
plans for development of Seccombe Lake Park included the area
north of Seventh Street and west of Waterman Avenue. However,
this area was deleted when the project scope was reduced. It is
now planned to use the City property for the expansion of
Pioneer Cemetery. Approximately 1,600 grave sites are available
for sale. At a consumption rate of approximately 220 per year,
the supply would last slightly over seven years.
16
2/4/91
It is planned to develop the property for expansion of
Pioneer Cemetery in two phases.
Phase I includes 2.1 acres on the northwest corner of
Waterman Avenue and Seventh Street where a wrought iron fence
will be constructed to allow landscaping to be visible from
Waterman Avenue thereby visually enhancing travel on Waterman
Avenue.
Phase II would entail installing a storm drain and filling
the ravine. Also, the Little League baseball field will have to
remain in service until the second new field is completed.
The preliminary estimate of cost for improving Phase I is
$102,177 to be allocated from the tax allocation bond proceeds.
Total anticipated revenue from phase I is $1,207,500.
Council instructed legal counsel to prepare mutual benefit
resolutions.
Council Member pope-Ludlam made a motion, seconded by
Council Member Reilly, that the allocation of $102,177, from the
tax allocation bond proceeds, for the Central City East
Redevelopment Agency Project Area, to Account No. 244-364-57675,
"Acquisition of Land and Improvements for Expansion of Pioneer
Cemetery," be approved; and the Director of Public Works/City
Engineer be authorized to prepare the plans, specifications, and
estimate for construction of Phase I, northwest corner of
Waterman Avenue and Seventh Street.
The Council discussed the possibility of the future sale of
the cemetery, and requested information regarding tax increment,
a detailed background report and projected plans for the site.
Council Member Maudsley made a substitute motion, seconded
by Council Member Minor, and unanimously carried, to continue the
report for 30 days and have Roger Hardgrave, Director of Public
Works/City Engineer and Dan Ustation, Cemetery Superintendent,
provide more detailed information.
RECESS MEETING
At 12:19 a.m., the meeting was
Council Chambers of City Hall,
Bernardino, California.
recessed to 2:00 p.m., in the
300 North "D" Street, San
RECONVENE MEETING
At 2:01 p.m., the
Chambers of City Hall,
California.
meeting was reconvened
300 North "D" Street,
in the Council
San Bernardino,
17 2/4/91
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Estrada, Reilly,
Flores, Maudsley, Minor, pope-Ludlam, Miller; City Attorney
Penman, City Clerk Krasney. Absent: City Administrator Edwins.
ANNOUNCEMENT BY MAYOR - SAN BERNARDINO COUNTY PRISONER
BOOKING AND PROPERTY TAX COLLECTION FEES (2)
Mayor Holcomb stated that the 10 a.m. meeting with the
County Board of Supervisors in which the County was requested to
reconsider imposing fees for the booking of prisoners and the
collection of property taxes had not been as successful as hoped.
He explained the initiative measure process as a possible option
for repealing the fees. He stated that the County unincorporated
areas are being subsidized by County general fund taxes which
City residents pay.
Mayor Holcomb explained that the County Auditor had imposed
the fee for collection of property taxes as an administrative
procedure without a public hearing and ordinance.
COUNCIL MEMBERS POPE-LUDLAM & MAUDSLEY EXCUSED
At 2:13 p.m., Council Members pope-Ludlam and Maudsley left
the Council meeting.
VARIANCE NO. 90-13 - ACCEPTANCE OF FINDINGS OF FACT-
QUIEL BROS. ELECTRIC SIGN CO. - REQUEST TO REMOVE AN
EXISTING 40 FOOT TALL, 220 SQUARE FOOT FREESTANDING
SIGN AND INSTALL TWO 25 FOOT TALL, 150 SQUARE FOOT
FREESTANDING SIGNS. (26)
In a memorandum dated January 25, 1991, Larry Reed,
Director, Planning and Building Services, presented the findings
of fact for approval of Variance No. 90-13 and stated that
granting the variance would not be contrary to the objectives of
the General Plan in that the large nonconforming sign will be
replaced by two smaller signs.
Larry Reed, Director of Planning and Building Services,
answered questions and explained the previous council action
regarding this appeal.
Council Member Flores made a motion, seconded by Council
Member Estrada, that the findings of fact for Variance No. 90-13
be adopted; that Variance No. 90-13 be approved; and that the
applicant be issued the appropriate sign permits in compliance
with the approved variance application.
The motion carried by the following
Members Estrada, Reilly, Flores, Miller.
Minor. Absent: Council Members Maudsley,
vote: Ayes: Council
Nays: Council Member
pope-Ludlam.
18
2/4/91
-------_.._---"--,_._~._-~-'-'~._-_.~"----------
COUNCIL MEMBER MAUDSLEY RETURNED
Council Member Maudsley returned to the Council meeting and
took his place at the council table.
PROPOSED GENERAL PLAN AMENDMENT
3RD STREET AND VICTORIA AVENUE.
In a memorandum dated January 24,
Estrada stated that with the adoption of
northwest corner of Third Street and
designated RM, Residential Medium.
- NORTHWEST CORNER OF
( 27)
1991, Council Member
the General Plan the
Victoria Avenue was
Larry Reed, Director of Planning and Building Services,
explained that the site is a triangular shaped parcel that
contains a small neighborhood bar/tavern and when the General
Plan was adopted, the bar became nonconforming. He stated that
this is a proposed General Plan amendment to consider a
commercial designation for the site. To the north and west are
Norton Air Force Base housing; Norton Air Force Base is directly
south across the street; and the City of Highland is directly
across Victoria to the east.
Council Member Estrada made a motion, seconded by Council
Member Maudsley, and unanimously carried, that Planning staff
initiate a General Plan Amendment to consider a commercial land
use designation for the northwest corner of Third Street and
Victoria Avenue.
COUNCIL MEMBER
At 2:16 p.m.,
Council meeting and
POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned
took her place at the Council table.
to the
GENERAL PLAN AMENDMENT NO. 90-12
DESIGNATION FROM PUBLIC FLOOD
RES IDENTIAL ESTATE (RE) ON 13 . 5
NORTH OF 40TH STREET.
This is the time and place set to consider the
change the General Plan land use designation on 13.5
residentially developed land located on the west side
Way approximately 720 feet north of 40th Street.
- CHANGE LAND USE
CONTROL (PFC) TO
ACRES DAVID WAY,
(28)
proposed
acres of
of David
In a memorandum dated January 15, 1991, Larry Reed, Director
of Planning and Building Services, stated that the site contains
six parcels developed for estate-type residential and equestrian
land uses. During the General Plan land use hearings, the site
was inadvertently designated PFC, Public Flood Control. The
site, located in an unincorporated area of San Bernardino County,
is within the City's sphere of influence, and is being considered
for annexation to the City. If annexed with the PFC designation,
the residential and equestrian uses will be legal nonconforming
under Title 19, Chapter 19.66 of the San Bernardino Municipal
Code.
19
2/4/91
The Environmental Review Committee reviewed staff's three
alternatives and recommended a negative declaration. The
Planning Commission at a public hearing on January 8, 1991,
recommended adoption of the negative declaration and adoption of
General Plan amendment 90-12, and adopting alternative #1 to
change the land use designation from PFC, Public Flood Control to
RE, Residential Estate. The two other alternatives included in
the staff's report are alternative #2 RL, Residential Low and
alternative #3 RS, Residential Suburban.
Mayor Holcomb opened the hearing.
Frank Bowman, 4360 David Way, San Bernardino, owner of two
parcels on this site, stated he does not support the designation
of one dwelling unit per acre. There are apartments and
condominiums in the area, and there is no reason for such a low
density on that site. He expressed concerns about the geology of
land and stated that 3.1 dwelling units per acre would be a more
suitable zoning since this is simply a tentative zoning until the
area is annexed into the city.
Larry Reed, Director of Planning and Building Services,
stated that the Planning Commission reviewed the zoning
alternatives extensively and recommended RE, residential estate
(alternative #1) to preserve the character of the area and allow
the residents to continue to board their horses as a permitted
use.
Randy Roesch, 4440 David Way, San Bernardino, owner of
approximately 3.5 acres on two parcels, stated he supports
staff's recommendation. The residents want to keep the integrity
of the neighborhood as it is since most of the residents have
horses.
Tom Cover, 4515 David Way, San Bernardino, stated that he
supports the one unit per acre designation.
Larry Reed, Director of Planning and Building Services,
presented a letter he had received from Antonio and Sandra
Lourenco, 4385 David Way, San Bernardino, who support the RE,
Residential Estate designation.
Council Member Maudsley made a motion, seconded by Council
Member Miller, and unanimously carried, that the hearing be
closed, that the negative declaration and General Plan Amendment
90-12 be adopted, and General Plan amendment alternative #1, RE,
Residential Estate be approved for this site.
RES. 91-47 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 90-12 TO
THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (28)
20 2/4/91
Council Member Maudsley made a motion, seconded by Council
Member Minor, and unanimously carried, that the hearing be
closed; and said resolution be adopted.
Resolution No. 91-47 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller. Nays: None. Absent: None.
SET PUBLIC HEARING - 9 :00 A.M., MARCH 21,
DEVELOPMENT CODE ADOPTION.
1991-
(29)
In a memorandum dated January 24, 1991, Larry Reed,
Director, Planning and Building Services, outlined prevJ.ous
council action and explained that it is important to adopt the
Development Code prior to the end of April, 1991. He explained
that when the General Plan was adopted June 2, 1989, it was
implemented by an urgency ordinance which was set to expire June
1, 1990 . The urgency ordinance was extended to June 1, 1991 .
The maximum amount of time to operate under an urgency ordinance
is 24 months, therefore no further extensions can be adopted. If
the Development Code is not adopted by the end of April, 1991,
the effective date of the ordinance (thirty days following final
reading) will be after the expiration of the urgency ordinance.
Should that occur, development regulations would revert back to
Titles 18 and 19 of the Municipal Code which are not consistent
with the General Plan.
Council Member Miller made a motion, seconded by Council
Member Minor, and unanimously carried, that the first public
hearing on the Final Draft of the Development Code be set for
9:00 a.m., Thursday, March 21, 1991, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
COUNCIL MEMBERS MILLER AND POPE-LUDLAM EXCUSED
At 2:31 p.m., Council Members Miller and Pope-Ludlam left
the Council meeting.
APPEAL HEARING - REVOCATION OF CONDITIONAL DEVELOPMENT
PERMIT NO. 198 - CIVIC CENTER MOTEL - 665 NORTH "D"
STREET. (30)
This is the time and place set to consider the appeal filed
by Frank A. Weiser, Attorney at Law, for Lei and Cindy Wang
(owners), regarding the construction and operation of the Civic
Center Motel, a 50 unit motel, with a history of code violations.
In a memorandum dated January 7, 1991, Larry Reed, Director,
Planning and Building Services, stated that Conditional
Development Permit No. 198, for the construction and operation of
a motel at 655 "D" Street, was approved on May 13, 1960. After a
long history of code violations and criminal activities, the
21
2/4/91
Director of Planning and Building Services initiated
revocation proceedings before the Planning Commission. Mr.
presented the chronology of subsequent hearings before
Planning Commission.
CDP
Reed
the
Mayor Holcomb opened the hearing.
City Attorney Penman stated that John Martin, Senior
Assistant City Attorney, was present to request a continuance.
Mr. Penman stated that Mr. Martin had spoken with Frank A.
Weiser, 3460 Wilshire Boulevard, Suite #903, Los Angeles, who is
one of two attorneys representing Mr. and Mrs. Wang, who had no
objections to the continuance to April 15, 1991.
John Martin, Senior Assistant City Attorney, requested that
this appeal be continued to April 15, 1991 to allow Henry Empeno,
Deputy City Attorney, to be present to represent the City. Mr.
Martin stated that Mr. Empeno has been the attorney of record for
the City and is familiar with all aspects of the appeal before
the Planning Commission.
Andrew Gunn, appeared on behalf of Mrs. Cindy Wang. Mr.
Gunn stated that he is not in agreement in allowing a continuance
to April 15, 1991.
City Attorney Penman explained that there are a number of
reasons why the City Attorney's office is requesting the
continuance to April 15, 1991, such as problems indicative of
dealing with two separate attorneys for the appellants, Mr. Gunn
and Mr. Weiser. Mr. Penman stated that even if the Council took
action today to overrule the Planning Commission and reverse the
revocation of the conditional development permit, the appellant
is under a court order not to open the business, and does not
lose anything if the item is continued as recommended.
Mr. Gunn stated that the judge who issued the temporary
restraining order and injunction order has indicated his
willingness to listen to arguments to allow the reopening of the
motel. He stated his objections to the length of the
continuance.
John Martin stated that in conversations with Mr. Weiser
today, he was under the impression that Mr. Weiser was the
attorney of record for the Civic Center Motel. Mr. Martin stated
that Mr. Weiser had planned to attend today but was unable to
because of an emergency.
Mr. Gunn explained that he had been the attorney of record
since the inception of the case and that at one point the
representation of the case was spli t between Mr. Weiser and
himself. He stated that he continued to represent Mrs. Wang, one
of the owners, and Mr. Weiser formally came in to represent Mr.
22
2/4/91
--_..._,_.._~._~--<._-_._--,._~_._-------_.__._-_..._-----
Wang, one of the other owners. He stated that he had not
received any information that a request for continuance was going
to be made.
Mr. Gunn explained that Mrs. Wang no longer owns the
building and that fact may make this appeal a moot point.
Furthermore, he stated that the motel could be reopened by the
new owner without being in contradiction with the restraining
order issued by the court. Mr. Gunn stated that Mr. John
Lightburn is present and represents Mr. Armando Vignanelli who
now owns the building and also objects to the continuance.
John
letter on
follows:
Lightburn, P. O. Box 1622, San Bernardino,
behalf of Armando Vignane11i which reads in
read a
part as
"Mr. Vignanelli has recently acquired the property
located at 665 North "D" Street, known as the Civic
Center Motel. It is Mr. Vignanelli's desire to operate
the facility to provide shelter and transitional
housing for low and very low income persons who are in
need of housing.
Mr. Vignanelli is aware of past problems associated
with the Civic Center Motel. He is confident that,
with reasonable conditions and the cooperation of the
City, he can operate this facility in accordance with
local ordinances and the Uniform Building Code.
If the City upholds the Planning Commission action to
revoke the existing conditional development permit, Mr.
vignanelli believes he will not be able to meet the
development standards contained in the existing code
and the proposed development code soon to be adopted.
If this occurs, the property will be rendered
undevelopable. An unoccupied facility will be boarded
up and subjected to blight and deterioration common in
the downtown area. To allow this to happen is not in
the public interest and will eliminate a valuable
housing resource.
The General Plan identifies the CR-2 zone in the
downtown area as an area where shelter and transitional
housing may be provided with conditional approval. The
General Plan housing element goals, objectives and
policy statements are clear as to the City's
commitment, responsibility and obligation to assist
and provide housing opportunities for every resident
23
2/4/91
and citizen in the City, including low and very low
income people. Mr. Vignanel1i requests that the
Council deny the appeal and to modify Conditional
Development Permit #198 with reasonable conditions
consistent with other similar facilities."
Council Member Minor made a motion, seconded by Council
Member Estrada, and unanimously carried, that the appeal relative
to revocation of Conditional Development Permit #198 be continued
to April 15, 1991, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
ADJOURNMENT (31)
At 2:52 p.m., Council Member Minor made a motion, seconded
by Council Member Reilly, and unanimously carried, that the
meeting be adjourned to 9:00 a.m., Wednesday, February 6, 1991,
in the Management Information Center (MIC), Sixth Floor, Ci ty
Hall, 300 North "D" Street, San Bernardino, California.
RACHEL KRASNEY
City Clerk
, 4'//' /C) .
By /'Y?t0C a"cv
Melanie Vale
Deputy City Clerk
?~e-<.-/
No. of Items: 36
No. of Hours: 4.25
24
2/4/91