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HomeMy WebLinkAbout09-09-1989 Minutes . . . , r! City of San Bernardino, California September 9, 1989 This is the time and place set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at the regular meeting held at 8:30 a.m., Wednesday, September 6, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The City Clerk has caused to be posted the Notice of Adjournment of said meeting held on Wednesday, September 6, 1989, at 8:30 a.m., and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said Notice which was posted at 3:30 p.m., Thursday, September 7, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 9:35 a.m., in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. INVOCATION The invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Tom Minor. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Member Estrada. PUBLIC COMMENTS - DEXTER GOODY - MOBILEHOME OWNERS Dexter Goody, 2505 West Foothill Blvd., Associate Director of the Golden State Mobilehome Owners League, explained to the Council that mobilehome owners are not to be referred to as tenants. He stated that mobilehome owners are equivalent to any other home owner. (Al PUBLIC COMMENTS - MANUEL MESA - BLIGHT ABATEMENT Manuel Mesa, 4066 Acre Lane, stated that people who live in the county area are closely observing the Mayor and Council and the City of San Bernardino to see how the blight abatement matters will be handled. (Al 1 9/09/89 . . . . PUBLIC COMMENTS - MR. MOSLEY - WATER PROBLEM Mr. Mosley, 3249 California St., expressed his concerns regarding the amount of chlorination in the water provided in the area where he lives. (A) Mayor Holcomb informed Mr. Mosley that the Water Department would investigate this matter. PUBLIC COMMENTS - JOHN KIRLEY - FENCE John Kirley, 1170 North Arrowhead Avenue, spoke regarding a fence in front of his property on Arrowhead Avenue and requested permission to have a six foot high fence. (A) PUBLIC COMMENTS - ROBERT CASTANEDA - PARKING Robert Castaneda, 1425 West 9th Street, presented concerns about people who live in houses located on small lots where there is inadequate space to park additional vehicles. These people are presently parking vehicles on their lawns. (A) Mayor Holcomb instructed Mr. Castaneda to concern during the blight abatement hearing, as already scheduled for the Council Meeting. present his that topic is PROPERTY MAINTENANCE AND STANDARDS ORDINANCE - PUBLIC HEARING This is the time and place set for a public hearing to discuss the proposed ordinance setting forth the required minimum standards for property maintenance. (1) Mayor Holcomb opened the hearing. Lennie Thomas, 1148 Medical Center Drive, spoke in favor of a blight control ordinance. She stated that she is tired of looking at the blight located across the street from her residence. Peter F. Paul, 1817 parkside Drive, questioned whether or not property owners will be responsible for the sidewalks in front of their homes in spite of the fact that roots of City trees are raising the sidewalks. He also complained about the meeting being held on Saturday, as it is the sabbath for some religions. City Attorney Penman explained provisions of the California Government Code that make property owners responsible for the sidewalks in front of their homes. He further stated that it is a shared responsibility because the City of San Bernardino can retain the liability for injuries on those sidewalks. Larry Reed, Director of Building and Safety, summarized the provisions of the property standards ordinance. 2 9/09/89 . Mayor Holcomb and infraction provisions in would be imposed. City Attorney Penman expressed concerns that provision in the ordinance prohibiting motor home parking their motor homes in their front unconstitutional. City Attorney the ordinance Penman explained the and how the penal ties a previous owners from yards is Belle Gallavan, 279 East Kingman Street, a long time resident of the City of San Bernardino, suggested extensive penalties for littering. She also spoke regarding problems she has with people going to the auto parts store located next to her house and performing automobile maintenance under the shade tree in front of her residence. She expressed disapproval of the City for not abating the foundation of a house located on Kingman Street. Colleen Holthouse, 1123 East 35th Street, regarding the provisions in the proposed recreational vehicles and motor homes. asked questions ordinance for Mayor Holcomb explained the existing law with respect to recreational vehicles and stated that the proposed ordinance will not change what is presently in effect. Recreational vehicles will be allowed to park on improved surfaces. . Susan Johnson, 4222 North Sierra Way, stated she does volunteer work for the San Bernardino Police Department and is pleased to see the City consider enactment of this ordinance. She also stated that the City needs more police protection. Mayor Holcomb polled the audience to find out how many people would be in favor of a tax increase to provide for additional police protection, and received a favorable response. William Harrison, 4675 Woodbend Lane, a local real estate broker, spoke about how the City is rapidly deteriorating and congratulated Mayor Holcomb and City Attorney Penman for their attempts to reverse the situation. He also emphasized the need to remove blight in order for local home owners to retain their property values. Betty Anderson, 1115 East 35th Street, presented her concerns regarding the lack of sufficient code enforcement officers to cover the entire city. She suggested that neighborhood watch members be used as coordinators for submitting blight complaints. She also presented concerns about rental properties and the deterioration of those properties due to absentee landlords. . 3 9/09/89 . Charles Sharp, 4810 Genevieve Street, spoke regarding the number of motor homes on his block. He stated that neither the City nor the neighborhood owes motor home owners a free ride or free parking, and cited problems with motor homes on his block. Larry Sharp, representing the San Bernardino Area Chamber of Commerce, spoke in favor of the ordinance, but requested time for chamber members to review certain proposals such as the proposal to increase the business license rates for fast food restaurants. Joan Stokes, 2036 West 15th Street, spoke primarily about crime in her neighborhood and the need for more police officers. Mayor Holcomb explained the cost of adding police officers to the department. Rita Hernandez, 695 West 7th Street, Vice President of the Neighborhood Watch, spoke in favor of additional code enforcement for the City of San Bernardino. Ms. Hernandez was in favor of a tax increase on fast food restaurants, and explained how neighborhood watch programs can support the blight abatement efforts. . John Husing, 1265 Kendall Drive, explained how the influx of residents from Los Angeles, and the ownership of rental dwellings by out of town landlords has affected property values in the City of San Bernardino. He recommended a business license tax and a certificate of occupancy process for rented single family dwellings. He also suggested that the Mayor appoint a staff member to continually oversee the blight control efforts. Sharon Brown, 1576 Colorado Avenue, spoke regarding the crime in her neighborhood and the need to eradicate blight. Gary Lewis, 19612 Kendall Drive, stated that he does not live within the city limits of San Bernardino. He explained that he owns a business of hauling vehicles, and pointed out that in order for the city to continue their abandoned vehicle abatement process, the city must provide a storage area for these vehicles. Ivory Thornton, an employee of Cajon High School and a resident of the West Side of San Bernardino, spoke regarding the kids she comes in contact with every day and their continued desires to be able to locate jobs within the City. She also expressed her complaints about the lack of development on the West Side of the City. Luis Borego, 2481 Harrison, spoke regarding the fiscal impact of the blight eradication procedures on those who have fixed incomes, and recommended methods for assisting lower income persons. . 4 9/09/89 . . . Gerald Stoops, 26006 Holly vista Blvd., spoke regarding his efforts to reduce blight in the City of San Bernardino and a program he previously conducted where kids would volunteer to clean up the city. He also stated that he is in favor of an increased tax on fast food restaurants. Larry Quiel, 272 South "I" Street, President of Quiel Bros. Sign Company, offered to take the Mayor and Council on a tour of the city so that he could point out many illegal and abandoned signs that exist within the city limits. Dorothea Niessen, a resident of Rustic Lane in Highland, spoke on behalf of Hal Heywood Sign Co., 1948 North "E" Street, and their efforts to create clean signs that achieve effective advertising. She stated that Mr. Heywood has offered his expertise in addressing the changes to the sign ordinance. Jim Lynas, 1160 East Sonora Street, spoke regarding smaller houses in the City of San Bernardino that he has encountered while performing electrical work. He also listed some of the problems that he sees with the blight abatement ordinance. Dexter Goody, 2505 West Foothill, Associate Director of the Golden State Mobile Home Owners League, stated he was completely in favor of the proposed ordinance and questioned whether it would apply to mobilehome parks. City Attorney Penman stated that the proposed blight abatement ordinance would apply to mobilehome parks. Francis Drumm, 3763 Aspen Drive, presented a petition from his neighbors who support the proposed blight abatement ordinance 100 percent. He stated that he makes his living as a real estate investor in the city, but takes pride in the ownership of his property and maintains it accordingly. Karen Salmond, 5575 Surrey Lane, spoke in favor of the ordinance and presented a complaint about property at 5585 Surrey Lane. COUNCIL MEMBER MILLER EXCUSED At 12:05 p.m., Council Member Miller left the Council Meeting. Mike Elder, 5580 Surrey Lane, agreed with the comments of Ms. Salmond and also requested that the blight at 5585 Surrey Lane, be abated. Roger Henderson, a resident of 915 West "c" Street, Colton, and a local business owner at 290 North "D" Street, San Bernardino, spoke in support of the proposed blight abatement ordinance. He also requested an expeditious meeting with the fast food restaurant owners in order for the ordinance to become effective as soon as possible. 5 9/09/89 . . . . Colleen Holthouse, 1123 East 35th Street, suggested that public hearings such as this one be advertised in the newspaper so that more citizens would be aware of them. She recommended that a penny tax be placed on each soft drink sold in a fast food restaurant. Mayor Holcomb explained why the City cannot impose a sales tax, but pointed out that the business license is a gross receipts tax which will eventually be passed on to the customer. David Hatfield, 5055 David Way, an instructor at San Bernardino Valley Community College, spoke in opposition to the proposed ordinance and in favor of liberal property rights. Peter Paul, 1817 parkside Drive, stated that he had not been aware of this meeting until he read about it in a newspaper the prior day and suggested that his neighbors and others should have more information regarding these types of meetings. He also had questions regarding definitions in the proposed ordinance. City Attorney Penman read from the proposed ordinance and explained some of the legal requirements for the language and definitions. John Kirley, 1170 North Arrowhead Avenue, requested more liberal property rights. Zetah Nolan, 1051 West Second Street, objected to prov1s1ons in the proposed ordinance that make the property owner responsible for the blight caused by a tenant. Ms. Nolan also suggested that the City of San Bernardino enter into a program similar to the one in the City of Colton which periodically provides a free refuse pick-up to Colton residents whereby the residents can place any object or article on the curb of their residence for disposal. The City of Colton Refuse Department will dispose of these articles or objects free of charge. City Attorney Penman explained that there was a reference in the proposed ordinance to the effect that a renter or other person having charge of the property has some responsibility for that property. Mayor Holcomb instructed the City Administrator to research the details of the "Colton Refuse Pick-up Plan" and see if it could be used for the City of San Bernardino. Gerald Stoops, 26006 Holly Vista Blvd., spoke regarding the free clean-up days provided by the Chamber of Commerce and the Natural Beauty Program. Mayor Holcomb surveyed the Council Members to determine their support or questions about the proposed ordinance. 6 9/09/89 . The general consensus of the Council was that of approval of the proposed ordinance with minor changes. The City Clerk was asked to research the possibility of initiating a program of requiring a business license fee on rentals of four units or less with a certificate of occupancy and inspections, and report back. Lieutenant Tom Maier, San Bernardino Police Department, answered a concern of Council Member Pope-Ludlam, stating that police reserve officers are used for abatement programs and that regular officers are assigned to higher priorities. Wayne Overstreet, Superintendent, Public Buildings/Parking Control, explained the abandoned vehicle program which has been handled by his department since January, 1989. Mayor Holcomb thanked the citizens in their participation, and urged them to suggestions and comments to City officials. the audience for continue providing RECESS MEETING At 12:30 p.m., Mayor Holcomb declared a ten minute recess. . RECONVENE MEETING At 12:45 p.m., the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam; City Attorney Penman, City Clerk Clark, City Administrator Julian. Absent: Council Members Estrada, Miller. ORDINANCE OF THE CITY OF SAN 15.24 DEALING WITH PROPERTY MINIMUM STANDARDS. BERNARDINO ADDING CHAPTER MAINTENANCE AND REQUIRED (FIRST) (1) City Clerk Clark read the title of the ordinance. Council Member Reilly made a motion, seconded by Council Member Flores that first reading be waived and said ordinance be laid over for final passage. (See vote on page 9) City Attorney Penman answered questions regarding the parking of recreational vehicles on improved surfaces. . City Attorney Penman suggested a change to the proposed ordinance on page 2, line 22, by inserting after the words " (except for. "the following words: "improved surface including, but not limited to". 7 9/09/89 . . . r A discussion ensued regarding the city's responsibility in maintaining the trees that were planted and are trimmed by the city. The question was asked if the city is also responsible for the roots that damage the sidewalks. City Attorney Penman answered questions. He stated that the city has a legal responsibility to maintain sidewalks, trees and other things in the City's rights-of-ways. He explained that the city would have legal liability if someone tripped on a sidewalk and were injured. He pointed out that state law provides that the city can give the property owner ten days notice to repair or replace that sidewalk, and if they fail to do so, the city can repair or replace the sidewalk and charge the homeowner for the cost and put a lien on the homeowner's property. City Attorney Penman inconsistency in requiring the to sidewalks. stated there has been some property owner to pay for repairs Mayor Holcomb explained that in cases where a property owner is responsible for damage to a sidewalk because of a heavy truck or other causes, the property owner would pay for the repairs. When the roots of a city tree has caused the damage to the sidewalk, the city would accept the responsibility. City Attorney Penman recommended the use of the word "walkways" instead of "sidewalks" on page 3, line 26 and on page 6, line 3. Council Member Reilly amended his motion, and Council Member Flores amended his second to include the following alternatives in the proposed ordinance, and to correct the spelling of the word "stripping" to read "striping". Proposed alternative to 15.24.040(8): "8. Walkways on private property, driveways and other improved surfaces shall be maintained in good repair and safe condition." Proposed alternative to 15.24.0505(8): "8. Walkways on private property, driveways and all improved surfaces shall be maintained in good repair and safe condition. Parking lot striping and handicapped markings shall be maintained in good condition." City Attorney Penman answered questions regarding parking motor homes on the streets. He stated there is a law that prohibits parking a motor vehicle on the street for 72 hours. Mr. Penman explained that many laws regarding parking have been on the books for years, but have not always been enforced. Because of the deteriorating conditions in the city, those laws are now being enforced. 8 9/09/89 . . A discussion ensued regarding the height of grass. City Administrator Julian answered questions, stating that originally the height limit was going to be six inches, then later raised to ten inches. Mayor Holcomb recommended that established. He preferred a six inch ordinance in order to provide a Discretion would be allowed in the enforcement officer. a definite height be limit be included in the basis for enforcement. enforcement by the code A discussion ensued regarding the difference between grass and ground cover and enforcement of any provision to the grass height limit. The previous motion that first reading of the ordinance be waived and said ordinance be laid over for final passage, as amended, carried by the following vote: Ayes: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam. Noes: None. Absent: Council Members Estrada, Miller. . ESTABLISHMENT OF EASEMENT PERMITTING CITY TO ENTER ONTO PRIVATE PROPERTY TO MAINTAIN LANDSCAPING ALLOWED TO DETERIORATE BY LAND OWNERS. (2a) LEVY ASSESSMENT ON PROPERTY OWNERS FAILING TO MAINTAIN REQUIRED LANDSCAPING. (2b) ADOPTION OF UPGRADED SIGN ORDINANCE DESIGNED TO ENHANCE THE APPEARANCE OF CITY. (2c) OFFERING OF REWARD FOR INFORMATION AND CONVICTION OF PERSONS PERFORMING ILLEGAL DUMPING AND GRAFITTI. (2d) INCREASE BUSINESS LICENSE FEE FOR TAKE-OUT RESTAURANTS AND OTHER ESTABLISHMENTS PROVIDING THROW AWAY CUPS/ DISHES /ETe. ( 2e) PROVISION OF UNIFORMS FOR CODE ENFORCEMENT PERSONNEL. (2f) . Mayor Holcomb stated that the preceding items were discussion items only and the Council could not take action on them at this time. Therefore, he issued an executive directive that the following actions be taken: That the City Administrator, City Attorney and City Clerk respectively put together the legislative packages for all those items, plus the property maintenance assistance program. He stated that Ken Henderson, Director of Community Development, would also be involved in that assistance program and suggested that the program would be funded from the twenty percent set 9 9/09/89 . . . , aside for low and moderate income housing. After the City officials have prepared the respective packages, the matters will be considered by the Legislative Review Committee. (See S-l) Mayor Holcomb suggested the following assignments: The item regarding the uniforms for code personnel would be under the jurisdiction of Administrator. enforcement the City (2f) The item regarding the business license fee would come under the jurisdiction of the City Clerk, City Attorney and City Administrator. (2e) The item regarding the offering of reward for information and conviction of persons performing illegal dumping and grafitti would be under the jurisdiction of the City Administrator and City Attorney. (2d) The item regarding the adoption of upgraded sign ordinance would be under the jurisdiction of the City Attorney. (2c) The item owners would Department and regarding the levy of an assessment on property be under the jurisdiction of the Planning City Attorney. (2b) APPRECIATION TO THE COUNCIL AND CABLE TELEVISION CREW Mayor Holcomb thanked members of the Council for loyalty and devotion to their job. He also thanked television camera crew for their fine work and dedication. their the PUBLIC HEARING ON PATTON PARK City Administrator Julian announced that Recreation Commission had voted to request that Patton Park be scheduled for September 18, 1989, 7:00 p.m. the Park and the hearing on at the hour of No official action was taken. ADJOURNMENT At 1:25 p.m., Council Member Minor made a motion, seconded by Council Member Pope-Ludlam and unanimously carried, that the meeting be adjourned to 8:30 a.m., Monday, September 18, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ~?/##?/~/ / City Clerk No. of items: 4 No. of hours: 4 10 9/09/89