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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