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HomeMy WebLinkAbout03-21-1991 Minutes City of San Bernardino, California March 21, 1991 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 their Regular Meeting held at 8:30 a.m., Monday, March 18, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the Order of Adjournment of said meeting held on March 18, 1991, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said Order which was posted at 3:00 p.m., Tuesday, March 19, 1991, on the door of the place at which said meeting was held. The Adjourned Regular Council was called to order 1991, in the Council Chambers San Bernardino, California. Meeting of the Mayor and Common at 9: 03 a.m., Thursday, March 21, of City Hall, 300 North "D" Street, ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb: Council Members Estrada, Reilly, Flores, Maudsley, Minor: City Attorney Penman, City Clerk Krasney. Absent: Counc il Member Pope-Ludlam: Ci ty Administrator Edwins. 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 Minor. ANNOUNCEMENT CITY ATTORNEY DISCUSSED IN CLOSED SESSION City Attorney Penman announced be discussed in closed session: PENMAN CASE TO BE that the following case would 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: 1 3/21/91 - ---~-~.~.--,,-~.~-------- .........---." ---_.,---------.- RECESS MEETING - CLOSED SESSION (2) At 9:05 a.m., the Mayor and Common Council and Community Development Commission recessed 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 attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(1), as there is significant exposure to litigation: f. to confer with the attorney regarding Ii tigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation: pending Section decide 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). CLOSED SESSION At 9:05 a.m., Mayor Holcomb called to 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 with the following being present: Mayor Holcomb: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller: City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Pope-Ludlam. 2 3/21/91 Also present: Senior Assistant City Attorney Barlow and Deputy City Attorney Empeno. ADJOURN CLOSED SESSION At 9:16 a.m., the closed session adjourned to the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 9:16 a.m., Mayor Holcomb reconvened the Adjourned 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 Estrada, Reilly, Flores, Maudsley, Minor, Miller: Senior Assistant City Attorney Barlow: City Clerk Krasney, City Administrator Edwins. Absent: Council Member Pope-Ludlam. PUBLIC HEARING - CITY OF SAN BERNARDINO DEVELOPMENT CODE - TITLE 19 OF THE SAN BERNARDINO MUNICIPAL CODE (1) Mayor Holcomb stated that there had been concern expressed by the public regarding which land use zone areas would allow adult entertainment businesses. Mayor Holcomb stressed that the City was not making it easier for adult businesses to operate: to the contrary, the City was making it more difficult by reducing the number of areas in the City where adult businesses can locate. Mayor Holcomb explained that under the present ordinance, adult entertainment businesses are allowed in any zone except residential zones. He stated that the new ordinance was proposing to restrict adult businesses to only CH (Commercial Heavy) zoning. He stated that if the City could it would outlaw adult entertainment: however, State law prevents cities from prohibiting adult businesses. Larry Reed, Director, Planning/Building Services, stated that adult businesses would require a conditional use permit (C.U.P.) and explained what is involved the in C.U.P. process. John Montgomery, Principal Planner, Planning/Building Services, explained CH (Commercial Heavy) zoning and where CH zoning areas are located in the City. Senior Assistant City Attorney Barlow explained why State law prohibits cities from banning adult businesses. He stated that the proposed Development Code was as restrictive as possible under State law. 3 3/21/91 COUNCIL MEMBER At 9:27 a.m., Council meeting and POPE-LUDLAM ARRIVED Council Member Pope-Ludlam arrived took her place at the council table. at the Pastor Richard Elwell, Evangelical Association, stated that the Association supports and encourages any effort the City takes to restrict or eliminate pornography in the community. Pastor Elwell explained that a number of cities throughout the United States have successfully become obscenity free. Pastor Phil Coulter, Highland Baptist Church, expressed concern regarding crime in the area of Highland Avenue. He stated that he would like to see the City pornography free. Arthur Hemisfeld, an employee of Norton Air Force Base and resident of San Bernardino since 1983, commended the Mayor and Council for trying to eliminate adult entertainment businesses in the City. He encouraged the Council and the City Attorney's Office to prosecute adult businesses that violate the law. Mark Lambert, Pastor of Judson Baptist ChurCh, and a resident of San Bernardino for eight months, stated that over a four-year period, the City of Modesto was successful in eliminating several adult businesses. Rob Zinn, Pastor of Immanuel Baptist Church, expressed support for efforts proposing strict regulations for adult businesses. Al Lambert, retired Pastor of Judson Baptist ChurCh, stated that the City of Bellflower has been successful in making its City obscenity free. Mr. Lambert stated that it took the City of Bellflower two years to clean the City from pornography. The only adult entertainment business they could not get rid of was a Pussycat Theatre: however, a realtor bought the property and the theatre subsequently closed down. Mayor Holcomb explained that the City of San Bernardino has attempted in the past to buy the Pussycat Theatre. He pointed out that several years ago, the asking price for the theatre was $1.5 million. Mayor Holcomb proposed having a night meeting regarding pornography and inviting the District Attorney to attend. He stated that this meeting could be the first step toward having an obscenity-free city, if the community can convince the District Attorney to prosecute more cases under the obscenity statute. Robert Spitz, Executive Director, American Freedom Coalition, stated that his organization is a state and nation- wide organization. He reported that there are a number of zoning restrictions for adult business establishments. He stated 4 3/21/91 that strict zoning requirements are the only options available to cities. Mr. Spitz explained how these strict zoning regulations can be placed on these type of adult businesses. He recommended that the District Attorney and other public officials meet and discuss why the County of San Bernardino has not been able to prosecute obscenity cases. Pastor was willing graffiti. regulations against the Dave Holden, University Park Church, stated that he to help the City clean up and remove pornography and He also spoke in support of restructuring zoning for adult businesses, which could lead to prosecution owners who operate these type of establishments. Gene Klingman, 339 Vidori, the Mayor and Council to pornography. Calimesa, California, encouraged strengthen its stand against Dennis Mansfield, owner of a business in San Bernardino, recommended that a committee be formed to address the issues of pornography and crime in the area. Dave Wilson, citizens of the obscenity. a resident community to of San assist Bernardino, encouraged in the fight against Wally Fast, a resident of San Bernardino, spoke in opposition to pornography and adult entertainment businesses. Pastor Craig Turley, resident of San Bernardino for nearly 30 years, pointed out that there is a strong coalition against pornography. He recommended a detailed review of the Development Code section which addresses the adult entertainment businesses. Mayor Holcomb announced that an evening public hearing would be scheduled at the Sturges Auditorium to further address the obscenity free issue. RECESS MEETING At 10:30 a.m., Mayor Holcomb declared a ten-minute recess. RECONVENE MEETING At 10:41 a.m., Mayor Holcomb reconvened Regular Meeting of the Mayor and Common Council Chambers of City Hall, 300 North "D" Street, California. the Adjourned in the Council San Bernardino, 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: Senior Assistant City Attorney Barlow, City Clerk Krasney. Absent: Council Member Miller and City Administrator Edwins. 5 3/21/91 Development Code - Section 111-2 - Antennae. Vertical and Satellite Dish Desion Standards Mayor Holcomb invited anyone opposed to the section of the Development Code dealing with ham operated radios to come forward and express their concern. Ed Slaughter, 2916 Bangor Avenue, Highland, thanked the Mayor and Common Council for its cooperation given toward the ham radio operators. California, support and A discussion ensued regarding the use of ham radios in the City of San Bernardino. The Council discussed eliminating the word ham operated radios and substituting it with the word amateur radios. Council Member Reilly made a motion, seconded by Council Member Flores, and unanimously carried, to change the word ham radios to amateur radio antenna in the Development Code. Section 111-68 - Landscapino Standards Charlette Archuletta, Monnig Development, 501 N. Placentia Avenue, Fullerton, CA, asked questions relating to several sections of the proposed Development Code. She stated that the Development Review Committee (DRC) and Environmental Review Committee (ERC) are confusing, in that DRC may impose conditions and ERC recommends conditions. Ms. Archuletta suggested that it would be beneficial to have a neutral chairperson involved in making final decisions for DRC and ERC. Larry Reed, Director explained the review process committees. of Planning/Building Services, involved with the DRC and ERC COUNCIL MEMBER MILLER ARRIVED At 10:48 a.m., Council Member Miller arrived at the Council meeting and took her place at the council table. Ms. Archuletta expressed concern regarding the m1n1mum room size standards and dwelling sizes required in the Development Code. She suggested that the room and dwelling sizes be determined by the market and the affordability of the homes in the area. She stated that room and dwelling sizes are design issues rather than a standard requirement. Ms. Archuletta elaborated other concerns she had and asked for clarification on these issues. After a requested that guidelines and question and answer session, Ms. Archuletta the Mayor and Common Council reevaluate the design that Monnig Development be a part of that review. 6 3/21/91 COUNCIL MEMBER ESTRADA EXCUSED At 10:55 a.m., Council Member Estrada left the Council meeting. Jerry weiner, architect for Monnig Development, 501 N. Placentia Avenue, Fullerton, CA, expressed concern with the lack of flexibility in the property development standards. He stated that architectural treatment of all elevations for residential development should only apply to elevations directly visible from the street. He stated that side elevations cannot be seen and these should not be architecturally treated because they do not improve the livability of the house. Larry Reed, Director of Planning/Building Services, stated that the City requires the side of buildings to be architecturally treated, because it improves the integrity of the building. Mr. Reed stated that the Property Development Standards does not include housing developments, and that the housing development requirements are under the Residential Development Standards section. He stated that the Property Development Standards are for buildings/structures. Mayor Holcomb felt that architectural treatment, and cannot be seen on buildings should be waived. there should be flexibility on that when architectural treatment from the street this requirement Mayor Holcomb stated that the cost of development is one of the factors looked at when businesses consider locating and developing in the City. He stated that a waiver requirement for architectural treatment should be included in the Property Development Standards, and granted on a case by case basis. A discussion ensued regarding corner lots and whether the backyards should be architecturally treated if they cannot be viewed by the public. It was suggested to have individual conditions imposed on corner housing lots whereby the side and rear view of the house can be seen by the public from the street. Mr. Weiner expressed concern on the following items: 1) the requirement for architectural treatment on both sides of a six foot wall: 2) prohibiting unpainted aluminum finished windows: 3) prohibiting chain link fencing around a construction site for both security and safety of the public: and 4) foothill fire zones areas requiring mandatory interior fire sprinklers. Mayor Holcomb felt that the sprinkler requirement should be determined on a case by case basis. He stated that the Fire Department, under special circumstances, may not require the interior sprinklers: however, in the high fire hazard areas interior fire sprinklers would be mandatory. 7 3/21/91 Larry Reed, Director clarified that sprinklers are abuts wild land and in foothill of Planning/Building Services, only required when development fire hazard areas. John Montgomery, Principal Planner, pointed out which areas abut the wild land area that require mandatory interior sprinklers. Chris Schulte, Landscape Designer, Monnig Development, 501 N. Placentia Avenue, Fullerton, CA, stated that approximately $6,200 per lot is spent on landscaping for yard erosion control in assessment districts. He suggested that the tree size for housing tracts be increased, which would eliminate having to replace the smaller trees that get blown down from the high winds. Annie Ramos, Director of Parks, Recreation and Community Services, stated that although the larger trees are more susceptible to the high winds, with proper staking the smaller tress can withstand the high winds. Discussion ensued regarding the concerns expressed by Monnig Development. Mayor Holcomb stated that reasonable concerns have been presented by Monnig Development that are associated with the final cost, and questioned why the City mandates things that serve no purpose. He stated that affordability should be kept in mind at all times. Chris Schulte, Landscape Designer, Monnig Development, requested a meeting to discuss the architectural and aesthetic requirements the City is proposing. Mark Broeder, Urban Design Studios, Boulevard, Suite 202, Newport Beach, CA, regarding the tree size and the environmental 446, N. expressed impact. Newport concern Dan Holden, Executive Counsel for Monnig Development, thanked City staff and the Council for their time and efforts spent in working with Monnig Development on areas of concern as they relate to housing developments. Joanne Delaney, representing the Local Government Committee of the San Bernardino Valley Association Board of Realtors, spoke regarding the landscaping requirement for commercial/industrial projects. Ms. Delaney stated that the current landscaping requirement is five percent for parking structures in addition to the curb side. She recommended that the City maintain the current five percent landscape requirement. 8 3/21/91 ~_._--------_.__._-~,----_.._---^-~--- ..-----------,-".--...-- Larry Reed, Director of Planning/Building Services, stated that the landscaping requirement for parking structures is proposed to be increased to fifteen percent. Mark Broeder, Urban Design Studios, explained that the fifteen percent landscaping requirement is standard in most cities and that the current five percent is below the standard. He stated that fifteen percent is a guideline that most cities use. Mr. Reed clarified that the current parking lot landscaping standard includes the landscaping internal to the parking lot itself, excluding set backs. The proposed Development Code uses the same language, but increases the percentage from five to fifteen. Council Member Pope-Ludlam made a motion, seconded by Council Member Maudsley, to close the public hearing and that the Development Code meeting be continued to wednesday, March 27, 1991, at 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Reilly, Maudsley, Minor, Pope-Ludlam, Miller. Member Flores. Absent: None. Ayes: Nays: Estrada, Council ANNOUNCEMENT BY MAYOR - SET PUBLIC MEETING - OBSCENITY FREE CITY - APRIL 2, 1991 AT 7:00 P.M. - STURGES AUDITORIUM Mayor Holcomb announced that a public meeting to discuss an obscenity free City has been set for Tuesday, April 2, 1991 at 7:00 p.m. at the Sturges Auditorium, 780 N. "E" Street, San Bernardino, California. ADJOURNMENT At 11:58 a.m., Mayor Holcomb adjourned the Adjourned Regular Meeting of the Mayor and Common Council to 2:00 p.m., Wednesday March 27, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk By: xfmdw)l1~cint0 Sandra Medina, Deputy City Clerk No. of Items: 3 No. of Hours: 3 9 3/21/91