HomeMy WebLinkAbout12-02-1991 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
DECEMBER 2, 1991
COUNCIL CHAMBERS
The regular meeting of the Mayor and Common Council of the
City of San Bernardino was called to order at 8:38 a.m., Monday,
December 2, 1991, in the Council Chambers of City Hall, 300 North
"0" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by Deputy City Clerk Medina with the
following being present: Mayor Holcomb; Council Members Estrada,
Reilly, Maudsley, Minor, Pope-Ludlam; City Attorney Penman,
Deputy City Clerk Medina, City Administrator Clark. Absent:
Council Members Hernandez, Miller.
RECESS MEETING
At 8:38 a.m., the Mayor and
Development Commission recessed
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:
(1)
Common Council and Community
to closed session for the
;
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
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12/2/91
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) as follows:
City 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);
City of Redlands vs. Inland Valley Development Aaency. et al
- San Bernardino Superior Court Case No. 255222;
County vs. City of San Bernardino (RDA) - San Bernardino
Superior Court Case No. 258241;
City of
Indians.
6899 WJR
San Bernardino vs. San Manuel Band of
et al - United States District Court - Case
(Bx);
Mission
No. 85-
Saab vs. City of San Bernardino - Fourth District Court of
Appeals Case No. E008652;
City of San Bernardino vs. Patrick Media/Gannett Outdoor. et
al - Riverside Superior Court Case No. 205749;
City of San Bernardino vs. San Bernardino Steel San
Bernardino Superior Court Case No. 261904;
Crain vs. City of San Bernardino - San Bernardino Superior
Court Case No. 229990;
City of San Bernardino vs. Liberty Cable T. V.. et al-
United States District Court Case No. 82-6876 WMB;
City of San Bernardino vs. County of San Bernardino. et al-
Riverside Superior Court Case No. 207900;
Hesterley vs. City of San Bernardino
Superior Court Case No. 260468;
San Bernardino
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Tomas Armendariz. et al vs. James F. Penman. et al - United
States District Court Case No. 91-5757 CMB (WRx);
Gertner vs. City of San Bernardino. et al - San Bernardino
Superior Court Case No. 261161.
CLOSED SESSION
At 8:38 a.m., Mayor Holcomb called the closed session to
order in the conference room of the Council Chambers of City
Hall, 300 North "0" Street, San Bernardino, California.
ROLL CALL
Roll call was taken with the following being present: Mayor
Holcomb; Council Members Estrada, Reilly, Maudsley, Minor, Pope-
Ludlam; City Attorney Penman, Deputy City Clerk Medina, City
Administrator Clark. Absent: Council Members Hernandez, Miller.
Also
Attorney;
Attorney's
present: Richard Morillo, Senior Assistant
Margaret Scroggin, Operations Supervisor in
Office; Robert Simmons, Deputy City Attorney.
City
the
COUNCIL MEMBER MILLER ARRIVED
At 8:40 a.m., Council Member Miller arrived at the closed
session.
READING
Deputy
resolutions
Development
session.
OF RESOLUTIONS AND ORDINANCES
City Clerk Medina read the titles of all the
and ordinances on the regular and Communi ty
Commission agendas while the Council was in closed
DEPUTY CITY CLERK MEDINA RETURNED
Deputy City Clerk Medina returned to closed session.
ADJOURN CLOSED SESSION
At 9:15 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 9:29 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 with the following being present: Mayor
Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Pope-Ludlam; City Attorney Penman, Deputy City Clerk
Medina, City Administrator Clark. Absent: Council Member
Miller.
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12/2/91
INVOCATION
The invocation was given by Rev. Gertrude Whetzel of God's
Great Cause.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Pope-
Ludlam.
ANNOUNCEMENT BY COUNCIL MEMBER ESTRADA -
LIGHTING CEREMONY - MAIN STREET, INC.
"E" STREET
(2)
Council
festivities
sponsored by
3, 1991.
EMPLOYEE RECOGNITION AWARDS - THIRD PERIOD 1991 (5)
Member Estrada invited the public to attend the
for the turning on of the "E" Street lights
Main Street, Inc., at 4:15 p.m., Tuesday, December
Ray Salvador, Administrative Assistant to the Mayor,
introduced the following employees who were honored through the
Employee Recognition Program. Each of the employees received a
monetary award in the amount of $200.00 for their outstanding
service and dedication to their duties.
Management/Confidential
Mid-Management
Safety
General
Clerical
Aurora Mendoza
Tobe Collins
Cpl. David Collins
Nancy Fogassy
Sherri Roberts
Library
Animal Control
Police
Risk Management
Police
COUNCIL MEMBER MILLER RETURNED
Council Member Miller returned to the Council meeting and
took her place at the council table.
PUBLIC COMMENTS - REV. GERTRUDE WHETZEL
(3)
Rev. Gertrude Whetzel of God's Great Cause informed the
Mayor and Council that the average income for senior citizens is
now $649.00. Rev. Whetzel also inquired about the water/sewer/
refuse charge rebate program.
EXPANSION OF
DISTRICT NO.
TO PROCEED
SCOPE AND CREATING A SUB-ZONE - ASSESSMENT
952 - STATE COLLEGE AREA - AUTHORIZATION
( 10)
In a memorandum dated November 11, 1991, Roger Hardgrave,
Director of Public Works/City Engineer, requested authorization
to proceed with the expansion of scope for Assessment District
No. 952 (State College Area Landscape Maintenance District) and
to create a sub-zone to be assessed for the pertinent costs.
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12/2/91
Council Member Minor made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the City Engineer
and City Clerk be authorized to proceed with the expansion of
scope for Assessment District No. 952, (State College Area
Landscape Maintenance District) under the provisions of Chapter
12.90.060 of the San Bernardino Municipal Code and Section 3113
of the Streets and Highways Code of the State of California and
creating a sub-zone to be assessed for the pertinent costs.
INSTALLATION OF CATCH BASIN & LATERAL - HIGHLAND AVENUE
AND ELKS DRIVE - APPROVAL OF PLANS AND AUTHORIZATION TO
ADVERTISE FOR BIDS (II)
In a memorandum dated November 19, 1991, Roger G. Hardgrave,
Director of Public works/City Engineer, stated that plans for the
installation of a catch basin and lateral to avoid having storm
water continually in the cross gutter, at Highland Avenue and
Elk's Drive, have been prepared and the project is ready to be
advertised for bids. The total estimated project cost is
$29,200.00.
Council Member Minor made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the transfer of
$5,000 from Account No. 242-368-57882, "Mill Street, Rancho to
Pennsylvania," to Account No. 248-368-57807, " Highland Avenue
and Elk's Drive," be approved.
Council Member Minor made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the plans for
installation of a catch basin and lateral at Highland Avenue and
Elk's Drive, in accordance with Plan No. 8590, be approved; and
that the Director of Public works/City Engineer be authorized to
advertise for bids.
STREET NAME CHANGE ROCA STREET, BETWEEN
AVENUE AND MCKINLEY STREET TO SUNRISE LANE
STERLING
(13)
In a memorandum dated November 18, 1991, Roger G. Hardgrave,
Director of Public Works/City Engineer, requested authorization
to proceed with changing the name of Roca Street, between
Sterling Avenue and McKinley Street to Sunrise Lane.
Council Member Minor made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the Real Property
Section of the Public Works Department be authorized and directed
to proceed with changing the name of Roca Street, between
Sterling Avenue and McKinley Street, to Sunrise Lane.
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12/2/91
CLAIMS AND PAYROLL
(14)
Council Member Minor made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the claims and
payroll, and the authorization to issue warrants as listed on the
memorandum dated November 19, 1991, from the Director of Finance,
be approved.
PERSONNEL ACTIONS
(IS)
Council Member Minor made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the personnel
actions submitted by the Chief Examiner, dated November 18, 1991,
in accordance with all administrative regulations of the City of
San Bernardino, be approved.
RES. 91-478 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
EMERGENCY CARE INFORMATION CENTER RELATING TO AMBULANCE
SERVICES STUDY. (16)
RES. 91-479 - 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. (17)
RES. 91-480 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
COUNTY OF SAN BERNARDINO RELATING TO THE JOINT USE OF
THE MILL COMMUNITY CENTER. (18)
RES. 91-481 - RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE DESTRUCTION OF CERTAIN RECORDS BY THE
PERSONNEL DEPARTMENT. (19)
RES. 91-482 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTION NO. 6429 ENTITLED IN PART "A
RESOLUTION . . .ESTABLISHING A BASIC COMPENSATION PLAN
FOR OFFICERS AND/OR EMPLOYEES OF THE POLICE AND FIRE
DEPARTMENTS OF THE CITY OF SAN BERNARDINO." (20)
RES. 91-483 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE
SITING OF THE CHINO BASIN MUNICIPAL WATER DISTRICT
MANURE/SLUDGE CO-COMPOSTING PROJECT. (21)
RES. 91-484 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ESTABLISHING A BOUNDARY FOR A PORTION OF ACACIA AVENUE
LYING NORTH OF HILL DRIVE, AND DEDICATION OF SAME FOR
STREET AND HIGHWAY PURPOSES. (22)
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12/2/91
RES. 91-485 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ESTABLISHING A BOUNDARY FOR A PORTION OF THE SOUTHERLY
SIDE OF BELMONT AVENUE BETWEEN LITTLE LEAGUE DRIVE AND
MAGNOLIA AVENUE, A PORTION OF THE WESTERLY SIDE OF
MAGNOLIA AVENUE BETWEEN BELMONT AVENUE AND IRVINGTON
AVENUE, A PORTION OF THE SOUTHEASTERLY CORNER OF LITTLE
LEAGUE DRIVE AND BELMONT AVENUE AND A PORTION OF THE
SOUTHWESTERLY CORNER OF BELMONT AVENUE AND MAGNOLIA
AVENUE AND DEDICATION OF SAME FOR STREET AND HIGHWAY
PURPOSES. (23)
RES. 91-486 - RESOLUTION OF THE CITY SAN BERNARDINO
APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO.
14388, LOCATED ON THE NORTHEAST CORNER OF FORTY-EIGHTH
STREET AND SUN VALLEY DRIVE, ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING
EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE
IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR
PERFORMANCE SPECIFIED. (24)
RES. 91-487 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON
USE AGREEMENT WITH THE SOUTHERN CALIFORNIA EDISON
COMPANY FOR THE RELOCATION OF ELECTRICAL FACILITIES
FROM PREVIOUSLY GRANTED RIGHTS-OF-WAY TO NEWLY EXTENDED
RIGHT-OF-WAY IN THE SOUTH SIDE OF MILL STREET BETWEEN
PEPPER AVENUE AND EUCALYPTUS AVENUE (DUE TO THE
CONSTRUCTION OF THE NEW RIALTO HIGH SCHOOL). (25)
Council Member Minor made a motion, seconded by Council
Member Hernandez, that said resolutions be adopted.
Resolution Nos. 91-478, 91-479, 91-480, 91-481, 91-482, 91-
483, 91-484, 91-485, 91-486, and 91-487 were adopted by the
following vote: Ayes: Council Members Estrada, Reilly,
Hernandez, Maudsley, Minor, pope-Ludlam, Miller. Nays: None.
Absent: None.
ORD. MC-814 AN ORDINANCE OF THE CITY OF
BERNARDINO ADDING SECTION 3.44.025 TO THE
BERNARDINO MUNICIPAL CODE RELATING TO EXEMPTIONS
THE SERVICE USERS TAX FOR PUBLIC SCHOOLS. Final
SAN
SAN
FROM
(27)
Council Member Minor made a motion, seconded by Council
Member Hernandez, that said ordinance be adopted.
Ordinance MC-814 was adopted by the following vote:
Council Members Estrada, Reilly, Hernandez, Maudsley,
Pope-Ludlam, Miller. Nays: None. Absent: None.
Ayes:
Minor,
7
12/2/91
POSSIBLE IMPLEMENTATION
DIRECTOR OF PERSONNEL
BARGAINING UNITS
OF 9/80 WORK PLAN - INSTRUCT
TO MEET AND CONFER WITH
(7)
In a memorandum dated November 22, 1991, Shauna Clark, City
Administrator, recommended that the Mayor and Council consider
implementing a 9/80 flexible work schedule in order to reduce the
number of daily vehicle trips to the job site as required by the
South Coast Air Quality Management District, Regulation XV. A
9/80 schedule would allow City employees to work an 80 hour week
in nine days rather than ten. The employee would get the tenth
day off. Departments would schedule employees on variable days
off so City services would still be operational five days per
week.
Chris Gonzales, President, Union Local 122, General Unit,
spoke in support of the proposed 4/10 plan which would produce a
potential savings to the City. He stated that the Union would
work with the City on negotiations.
Discussion was held regarding the potential for reduction in
public services.
City Administrator Clark explained the advantages and
disadvantages of both the 4/10 and 9/80 plans. She stated that
under either plan, the employees would work the same number of
hours, so that the number of hours available to the public would
not change. She recommended that the Council consider the 9/80
schedule as it is the most flexible plan; and would prevent any
interruptions of service to the public, and would enable the City
to meet its AQMD objectives.
Council Member Estrada made a motion, seconded by Council
Member Minor, that the Director of Personnel be instructed to
meet and confer with the bar9aining units relative to the
possible implementation of the 9/80 work plan.
The motion carried by the following vote: Ayes: Council
Members Estrada, Reilly, Minor, Pope-Ludlam, Miller. Nays:
Council Member Maudsley. Abstain: Council Member Hernandez.
Absent: None.
NEGOTIATE A COOPERATIVE AGREEMENT WITH CITY OF LOMA
LINDA - WIDENING AND INTERCONNECTING TRAFFIC SIGNALS ON
TIPPECANOE AVENUE FROM REDLANDS BOULEVARD TO LAURELWOOD
DRIVE - APPROVE TRANSFER OF FUNDS (8)
In a memorandum dated November 12, 1991, Roger G. Hardgrave,
Director of Public Works/City Engineer, requested authorization
to transfer funds and negotiate a Cooperative Agreement with the
8
12/2/91
City of Loma Linda for
signals on Tippecanoe
Laurelwood Drive.
widening and
Avenue from
interconnecting traffic
Redlands Boulevard to
Roger Hardgrave, Director of Public works/City Engineer,
answered questions regarding whether the $100,000 allocated in
the Traffic Systems Fee Fund account would be replenished at a
later date.
A discussion ensued regarding street improvements being made
in a city outside the city limits of San Bernardino.
Council Member Estrada made a motion, seconded by Council
Member Reilly, that the transfer of $100,000, from Account No.
250-670-57877, "Traffic Signals, South "E" Street and Fairway
Drive," to Account No. 250-670-57878, "Widen & Interconnect
Traffic Signals, Tippecanoe Avenue, from Redlands Boulevard to
Laurelwood Drive," be approved; and that the Director of Public
Works/City Engineer be authorized to negotiate a Cooperative
Agreement with the City of Loma Linda for the improvements to
Tippecanoe Avenue.
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam,
Nays: Council Member Maudsley. Absent: None.
Council
Miller.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council meeting.
EXPANSION OF BOUNDARIES - ASSESSMENT DISTRICT NO. 990
(HIGHLAND-ARDEN SECURITY/MAINTENANCE ASSESSMENT
DISTRICT) - AUTHORIZATION TO PROCEED (9)
In a memorandum dated November 8, 1991, Roger G. Hardgrave,
Director of Public Works/City Engineer, stated that the area
along 19th Street and Roca Street has been subject to incidences
of crime. Portions of this area were within unincorporated
territories until the first of the year, when the City annexed
the area. Expansion of the current district boundaries to
include the area along 19th Street and Roca Street would provide
a more effective delivery of security services.
Roger Hardgrave, Director of Public Works/City Engineer,
answered questions regarding whether increasing the boundaries of
the current district required the consent of the residents prior
to proceeding with the expansion.
City Attorney Penman expressed concern on behalf of a
property owner at 2020 Guthrie Street who indicated interest in
joining the Highland-Arden security /maintenance assessment
district.
9
12/2/91
City Engineer Hardgrave announced that staff had contacted
the individual several weeks ago. The individual stated that he
was no longer interested in joining the assessment district.
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that the City Engineer
and City Clerk be authorized to proceed with the expansion of
boundaries for Assessment District No. 990 under the provisions
of Chapter 12.90 of the San Bernardino Municipal Code, and
Section 3113 of the Streets and Highways Code of the State of
California.
COUNCIL MEMBER POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned to the Council meeting
and took her place at the council table.
EXPANSION OF PARKING LOT AT FISCALINI FIELD - APPROVAL
OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS (12)
In a memorandum dated November 19, 1991, Roger G. Hardgrave,
Director of Public works/City Engineer, requested approval of
plans and authorization to advertise for bids for the expansion
of the parking lot at Fiscalini Field.
Discussion was held regarding the City's contractual
obligation. It was pointed out that the contract stipulates that
the parking lot has to be paved within a certain period of time.
City Administrator Clark answered questions regarding the
terms of the agreement. She explained that due to the
requirements imposed by the newly-adopted Development Code, many
new and costly improvements must be made in conjunction with the
paving of the parking lot. These improvements include installa-
tion of drainage facilities, lighting, irrigation system and
landscaping.
Discussion ensued regarding the Spirit Baseball Club
providing the City inadequate notice of their intent to relocate
the ball club; and whether or not making the proposed improve-
ments would be a benefit to the City in attracting another ball
club.
The Council expressed concern
supplemental funds could best be
projects.
Council Member Reilly made a motion, seconded by Council
Member Estrada, and unanimously carried, that the transfer of
$40,000, from Account 243-363-57511, "Park Master Plan," to
Account No. 243-363-57280, "Expansion Parking Lot - Fiscalini
Field," be approved.
that use
utilized
of
on
the $40,000
other park
10
12/2/91
Council Member Reilly made a motion, seconded by Council
Member Estrada, that the plans for the expansion of the Fiscalini
Field Parking Lot, in accordance with Plan No. 5589, be approved;
and that the Director of Public Works/City Engineer be authorized
to advertise for bids.
Council Member Hernandez made a substitute motion, that the
matter be referred to the City Attorney to review the legal
aspects of the agreement; and that the Mayor and Council meet
with the Spirit Ball Club to discuss the status of the Ball
Club's relocation plans.
The motion failed for lack of a second.
The motion made by Council Member Reilly,
Council Member Estrada, carried by the following
Council Members Estrada, Reilly, Maudsley, Minor,
Nays: Council Members Hernandez, Miller. Absent:
seconded by
vote: Ayes:
Pope-Ludlam.
None.
COUNCIL MEMBER MINOR EXCUSED
Council Member Minor left the Council meeting.
RES. 91-488 - RESOLUTION OF THE
ACCEPTING LEASE PURCHASE MASTER
LEASING CORPORATION FOR THE
PURCHASE FINANCING.
CITY OF SAN BERNARDINO
CONTRACT FOR MUNICIPAL
FURNISHING OF LEASE
(26)
City Administrator Clark answered questions regarding the
number of master contracts available to the City and explained
the process for selecting the master contract.
Council Member Estrada made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
Resolution No. 91-488 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Pope-Ludlam, Miller. Nays: None. Absent: Council Member
Minor.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 15.37 OF THE SAN BERNARDINO MUNICIPAL CODE;
ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF
DEMOLITION PERMIT APPLICATIONS FOR POTENTIALLY HISTORIC
BUILDINGS AND STRUCTURES AND PROVIDING FOR CONTINUATION
OF THE HISTORIC PRESERVATION TASK FORCE. (28)
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12/2/91
Council Member Estrada made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the ordinance
establishing new policies for review of demolition permit
applications, be continued for thirty days in the Council
Chambers of City Hall, 300 North "0" Street, San Bernardino,
California, to allow Mayor Holcomb an opportunity to meet with
the City Attorney regarding provisions in the ordinance.
COUNCIL MEMBER MINOR RETURNED
Council Member Minor returned to the Council meeting and
took his place at the council table.
PUBLIC HEARING - ESTABLISH CERTAIN ANIMAL CONTROL FEES
AND ADOPT RESOLUTION - CONTINUED FROM NOVEMBER 4, 1991
(29)
This is the time and place continued to for a public hearing
to establish certain animal control fees.
In a memorandum dated October 14, 1991, Deborah Biggs,
Director of Animal Control, requested authorization to establish
certain fees for reclaiming impounded animals, providing animal
adoption services, and other related services in the Animal
Control Department.
RES. 91-489 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ESTABLISHING CERTAIN FEES FOR RECLAIMING IMPOUNDED
ANIMALS, ANIMAL ADOPTION SERVICES, AND OTHER ANIMAL
RELATED SERVICES; AND REPEALING RESOLUTION NO. 88-126.
(29)
Mayor Holcomb opened the hearing.
City Administrator Clark stated that an amended resolution
has been prepared deleting Section 3 which relates to certain
fees that requires an ordinance change to amend those fees. She
stated that Section 3 would come back for approval after the
enabling ordinance has gone through the approval cycle.
Discussion ensued regarding the sale of animals for research
purposes and how this subject matter reappeared on the Ways and
Means Committee agenda.
Council Member Estrada, Chairperson of the Ways and Means
Committee, stated that at the last Ways and Means Committee
meeting, the matter of the sale of animals for research was
reconsidered as a potential source of generating revenue to
reduce the financial deficit in the Animal Control Department.
12
12/2/91
City Administrator Clark answered questions regarding pick-
up service charge fees. She explained that the owner of an
animal would be charged for the pick-up service fee; however, the
citizen who called in to have an animal picked up would not be
responsible for the fee.
Mayor Holcomb expressed displeasure with the Ways and Means
Committee spending valuable staff time to further review and
gather additional information regarding the sale of animals for
research purposes.
Discussion ensued regarding apprehension fees for unaltered
animals.
Council Member Estrada made a
Member Minor, that the hearing
resolution be adopted.
motion, seconded by Council
be closed; and that said
Resolution
Ayes: Council
Ludlam, Miller.
No. 91-489 was adopted by the following
Members Estrada, Reilly, Maudsley, Minor,
Nays: Council Member Hernandez. Absent:
vote:
Pope-
None.
PUBLIC HEARING SOLID WASTE SOURCE
RECYCLING PLAN AND HOUSEHOLD HAZARDOUS
CONTINUED FROM OCTOBER 7, 1991
REDUCTION AND
WASTE ELEMENT-
(30)
This is the time and place continued to for a public hearing
on the Solid Waste Source Reduction and Recycling Plan and the
Household Hazardous Waste Element.
In a memorandum dated November 15, 1991, Manuel Moreno, Jr.,
Director of Public Services, stated that the first of two public
hearings was held on October 7, 1991 as required by the State to
review the draft Plan and Element. The consultant, EMCON, has
informed the City of their inability to maintain the publishing
deadline for the final version of the Plan and Element document.
It is proposed that a second public hearing would be noticed when
the final report is completed.
Mayor Holcomb opened the hearing.
Council Member Minor made a motion, seconded by Council
Member Estrada, and unanimously carried, that the first public
hearing on the Solid Waste Source Reduction and Recycling Element
and the Household Hazardous Element be closed; and that the
second public hearing be noticed when the final draft is
completed.
13
12/2/91
APPEAL - BOARD OF BUILDING COMMISSIONERS' FINDINGS TO
VACATE TENANTS, REMOVE FENCE AND OTHER DEBRIS LOCATED
AT 1098 W. FIFTH STREET - CONTINUED FROM NOVEMBER 4,
1991 - MAURICE PETERS. (31)
This is the time and place continued to hear an appeal of
the Board of Building Commissioners' findings to vacate tenants,
remove fence and other debris located at 1098 W. Fifth Street.
The appeal was requested by Maurice Peters.
In a memorandum dated
Assistant Director, Planning
list of violations with the
correct those violations.
November 26, 1991, Larry Reed,
and Building Services, provided a
time specified for Mr. Peters to
Mayor Holcomb opened the hearing.
*Note: Mr. Peters was not present at this time to discuss
his appeal.
Council Member Estrada made a motion, seconded by Council
Member Minor, and unanimously carried, that the Mayor and Common
Council uphold the findings of the Planning and Building Services
Department and require Mr. Peters to obtain all proper permits
within 10 days and to correct listed violations within 30 days;
that in the event that the violations are not corrected within
the prescribed period of time, then the City or person authorized
by the Building Official will initiate action to abate the
nuisance; and that the owner pay all current and future costs
incurred by the City in the abatement of City Code violations
and/or nuisances.
A discussion ensued
notified of the meeting.
See page 28)
DISCUSS AND TAKE POSSIBLE ACTION ON MEMORANDUM OF
UNDERSTANDING WITH THE SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT - WESTSIDE PLAZA PROJECT - CONTINUED
FROM NOVEMBER 18, 1991 (32)
regarding whether Mr. Peters had been
(Item discussed later in the meeting.
This is the time and place continued to for discussion and
possible action on the Memorandum of Understanding with the San
Bernardino City Unified School District relative to the Westside
Plaza project.
14
12/2/91
In a memorandum dated October 31, 1991, Mayor Holcomb
requested to discuss and take possible action on the Memorandum
of Understanding with the San Bernardino City Unified School
relative to the Westside Plaza project.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Minor, and unanimously carried, that the matter
relative to the Memorandum of Understanding with the San
Bernardino City Unified School District be tabled until further
information is obtained.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 6.04.020 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO FEES. (Animal Control) First (33)
City Administrator Clark stated that this ordinance would
enable Section 3 of Resolution No. 91-489, adopted earlier in the
meeting, which established certain animal control fees. (See
page 12)
Council Member Minor
Member Reilly, that said
adoption.
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam,
Nays: Council Member Hernandez. Absent: None.
made a motion, seconded
ordinance be laid over
by Council
for final
Council
Miller.
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council meeting.
REORGANIZATION - TELECOMMUNICATIONS DEPARTMENT (34)
In a memorandum dated November 22, 1991, Fred Wilson,
Assistant City Administrator, stated that a reorganization of the
Telecommunications Division has been proposed which involves
reclassifying the position of Director of Telecommunications to
Cable Television Manager and transferring the communications
maintenance function to the Fire Department. Two positions of
Electronic Technician would also be transferred to the Fire
Department as a result of the change.
City Administrator Clark answered questions and explained
that the two employees transferred to the Fire Department would
not be receiving Fire Safety benefits, but would be under the
supervision of the Fire Department as a separate division.
Council Member Miller made a motion, seconded by Council
Member Minor, and unanimously carried, that the Director of
Telecommunications position, Range 4468 ($4,578 $5,564) be
reclassified to Cable TV Manager, with a salary set at Range 4439
($3,961 - $4,814).
15
12/2/91
Council Member Miller made a motion, seconded by Council
Member Minor, and unanimously carried, that two positions of
Electronic Technician be transferred from the Telecommunications
Division to the Fire Department.
Council Member Miller made a motion, seconded by Council
Member Minor, and unanimously carried, that the Director of
Personnel be directed to amend Resolution Nos. 6413, 6433 and
10584.
REQUEST TO WAIVE FEES - $465.00 - OUR LADY OF GUADALUPE
FIESTA - SUNDAY, DECEMBER 8, 1991 (35)
In a memorandum dated November 22, 1991, Council Member
Esther Estrada provided a request from Rev. Ray Rosales, Pastor
of Our Lady of Guadalupe Church, 1430 West Fifth Street, to waive
fees in the amount of $465.00 for providing, delivering and
returning of bleachers for Our Lady of Guadalupe Fiesta, to be
held Sunday, December 8, 1991.
Council Member Estrada stated that the request for waiver of
fees has been withdrawn.
Council Member Estrada made a motion, seconded by Council
Member Miller, and unanimously carried, that the request for
waiver of fees, be tabled.
RECESS MEETING
At 10:45 a.m., Mayor Holcomb declared a ten minute recess.
RECONVENE MEETING
At 10:55 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 with the following being present: Mayor
Holcomb; Council Members Estrada, Reilly, Maudsley, Minor, Pope-
Ludlam; City Attorney Penman, Deputy City Clerk Medina, City
Administrator Clark. Absent: Council Members Hernandez, Miller.
URGENCY ITEM
DISTRICT NO. 987
(VERDEMONT AREA)
CITY OF SAN BERNARDINO ASSESSMENT
LIMITED OBLIGATION IMPROVEMENT BONDS-
(Urgency Item)
City Administrator Clark stated that at a previous Council
meeting, the Council adopted a resolution for the sale of Limited
Obligation Improvement Bonds for the Verdemont Area, Assessment
District No. 987. She explained that the resolution contained
language whereby the Mayor and Council would be required to
approve the bond prices once the rate scheduled has been
established. She stated that the City has now received
16
12/2/91
information on the rate schedule as outlined in Exhibit "A" City
of San Bernardino Assessment District No. 987 Limited Obligation
Improvement Bonds (Verdemont Area).
COUNCIL MEMBER MILLER RETURNED
Council Member Miller returned to the Council meeting and
took her place at the council table.
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that the matter relating
to a rate schedule on Limited Obligation Improvement Bonds for
Assessment District No. 987 (Verdemont Area) arose subsequent to
the posting of the Council agenda.
COUNCIL MEMBER HERNANDEZ RETURNED
Council Member Hernandez returned to the Council meeting and
took his place at the council table.
Council Member Estrada made a motion, seconded by Council
Member Minor, and unanimously carried, to continue this matter
until the afternoon session for more information. (See page 20)
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 11:00 a.m., Chairman Holcomb called the Community
Development Commission to order in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
RES. 91-490 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AWARDING A CONTRACT TO KINGDON & SONS, INC., FOR
INSTALLATION OF A SEWER MAIN IN PICO STREET, BETWEEN
KING STREET AND AN ALLEY SOUTH OF SECOND STREET; AND IN
ALLEY FROM PICO STREET TO A POINT 295 FEET WEST. (R-S)
Council Member Hernandez made a motion, seconded by Council
Member Reilly, that said resolution be adopted.
Resolution No. 91-490 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Pope-Ludlam, Miller. Nays: None. Absent: None.
CITY ATTORNEY PENMAN EXCUSED
City Attorney Penman left
replaced by Senior Assistant City
the Council meeting
Attorney Barlow.
and
was
SUBSTITUTION OF CDBG FUNDS FROM HIGHWAY SAFETY LIGHTING
PROJECTS TO CURBS AND GUTTERS PROJECT (R-8)
In a memorandum dated November 25, 1991, Kenneth Henderson,
Executive Director, Development Department, stated that a request
was received for financial assistance for CDBG funds previously
awarded to Highway Safety Lighting projects from FY 1989/90 and
1990/91 to be earmarked for the installation of curbs, gutters
17
12/2/91
and street name signs to better serve low and moderate income
households within other areas of the City:
1.
Victoria Avenue - Richardson to Mt. View
$192,000
2.
Rosewood
Laurelwood
Newly Annexed Area
55,000
3.
Mt. View Avenue
Victoria to
Mission Creek
75,000
4 .
Tippecanoe
Newly Annexed Area
25,000
Total
$347,000
Timothy Steinhaus, Agency Administrator of the Economic
Development Agency, explained the process for which the proposed
areas were selected. He stated that these projects were
discussed by Development Department staff and the City Engineer;
the list of proposed projects were referred to the Community
Development Citizen Advisory Committee (CDCAC) for review and
recommendations; and th~n the recommendations were submitted to
the Commission for approval.
Discussion ensued regarding why older areas of the City that
do not have curbs and gutters were not considered a priority and
included on the list for improvements.
The Council discussed
Commission/Mayor and Council
Citizen Advisory Committee's
taking action.
the importance of having the
review the Community Development
list of recommendations prior to
It was pointed out that the City, in an effort to persuade
residents living in unincorporated areas to become annexed into
the City, promised certain street/drainage improvements
utilizing CDGB funds.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Estrada, that the matter relative to the
substitution of CDBG funds from Highway Safety Lighting Projects
be referred to the Redevelopment Agency Committee.
The
Members
Miller.
motion carried by the following vote: Ayes: Council
Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam,
Nays: Council Member Minor. Absent: None.
DOWNTOWN URBAN PLAN
(R-7)
In a memorandum dated November 25, 1991, Kenneth Henderson,
Executive Director, Development Department, recommended that a
Downtown Planning Task Force be created using the services of a
18
12/2/91
consultant to prepare
expected time frame to
would be a "policy"
Specific Plan.
Mayor Holcomb explained that revitalizing the downtown area
of the City is a very high priority. Rancon Development has
brought to the attention of the City a new concept and new
development that would bring new vitality to the downtown area
and provide substantial tax revenues.
an urban plan of the downtown area. The
create the plan is 120 days. The plan
Urban Plan rather than a "regulatory"
Timothy Steinhaus, Agency Administrator of the
Development Agency, answered questions and stated that
budget for the Downtown Planning Task Force is $60,000.
Economic
the total
SENIOR
Senior
meeting and
ASSISTANT CITY ATTORNEY BARLOW EXCUSED
Assistant City Attorney Barlow left
was replaced by City Attorney Penman.
the
Council
Council Member Estrada explained that at the Redevelopment
Committee meeting, the question of why staff had not prepared a
report on what it would take to create a specific plan for the
downtown area was discussed.
Council Member Estrada
should provide information on
downtown area.
indicated
creating a
that the staff report
specific plan for the
Tim Steinhaus stated that the attached staff report gave
comparisons, including pros and cons, of all the different plans.
He agreed, however, to revise the staff report incorporating
specific information as requested by Council Member Estrada.
Council Member Reilly made a motion, seconded by Council
Member Maudsley, that a Downtown Planning Task Force be
established composed of Mayor Holcomb, Council Member Estrada,
Council Member Reilly and five citizens to be appointed by the
Mayor.
Council Member Reilly made a motion, seconded by Council
Member Maudsley, that the Executive Director be authorized to
execute a contract in the amount of $50,000 plus expenses with
Project for Public Spaces, Inc., to draft an urban plan for the
downtown area under the direction of the Downtown Planning Task
Force.
Council Member Reilly made a motion, seconded by Council
Member Maudsley, that a budget of $60,000 be adopted for
professional services, interns, and expenses for the downtown
urban plan.
19
12/2/91
The motions carried by the following vote:
Members Estrada, Reilly, Maudsley, Minor, Miller.
Members Hernandez, Pope-Ludlam. Absent: None.
Ayes:
Nays:
Council
Council
RECESS MEETING - CLOSED SESSION
At 12:09 p.m., the Council acting as the Commission recessed
to closed session for the following:
d. to give instruction to the 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: 632
South Mt. Vernon Avenue.
CLOSED SESSION
At 12:09 p.m., Chairman Holcomb called the closed session to
order in the conference room of City Hall, 300 North "0" Street,
San Bernardino, California.
ROLL CALL
Roll call was taken
Chairman Holcomb; Council
Reilly, Maudsley, Minor,
Penman.
with the following being present:
Members Estrada, Reilly, Hernandez,
Pope-Ludlam, Miller; City Attorney
Also present: Dennis Barlow, Senior Assistant City
Attorney, J. Lorraine Velarde, Executive Assistant to the Mayor,
Timothy Steinhaus, Agency Administrator, Economic Development.
ADJOURN CLOSED SESSION
At 12:22 p.m., the closed session adjourned to the regular
meeting of the Mayor and Common Council until 2:00 p.m. in the
Council Chambers.
RECONVENE MEETING
At 2:02 p.m., Mayor Holcomb reconvened the regular meeting
of the Mayor and Common Council in the Council Chambers of City
Hall, 300 North "0" Street, San Bernardino, California.
ROLL CALL
Roll call was taken with the following being present: Mayor
Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor; City
Attorney Penman, Deputy City Clerk Medina, City Administrator
Clark. Absent: Council Members Estrada, Pope-Ludlam, Miller.
URGENCY ITEM CITY OF SAN BERNARDINO ASSESSMENT
DISTRICT NO. 987 LIMITED OBLIGATION IMPROVEMENT BONDS
(VERDEMONT AREA) EXHIBIT "A" - (CONTINUED FROM EARLIER
IN THE MEETING. SEE PAGE 16) Uraency Item
20
12/2/91
COUNCIL MEMBER POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned to the Council meeting
and took her place at the council table.
City Administrator Clark answered questions regarding
whether or not the bonds are rated. She explained that because
the bonds relate to the property owners rather than the City, the
bonds are not rated.
Council Member Minor made a motion, seconded by Council
Member Reilly, and unanimously carried, that the City of San
Bernardino Assessment District No. 987 Limited Obligation
Improvement Bonds (Verdemont Area) Exhibit "A", be received and
filed.
COUNCIL MEMBER MILLER RETURNED
Council Member Miller returned to the Council meeting and
took her place at the council table.
CITY ATTORNEY PENMAN EXCUSED
City Attorney Penman left the Council meeting and was
replaced by Deputy City Attorney Empeno.
APPEAL - PLANNING COMMISSION'S DENIAL OF CONDITIONAL
USE PERMIT NO. 91-39 - TO CONSTRUCT A BILLBOARD - WEST
SIDE OF THE 700 SOUTH BLOCK OF "E" STREET - GANNETT
OUTDOOR ADVERTISING CO., INC. (36)
This is the time and place set for an appeal of the Planning
Commission's denial of Conditional Use Permit No. 91-39, to
construct a billboard on the same site that a billboard was
removed to facilitate the construction of a retail commercial
center located on the west side of the 700 south block of "E"
Street.
In a letter dated November 22, 1991, L. Ronald Cipriani,
Vice President, Public Affairs, Gannett Outdoor, 1731 Workman
Street, Los Angeles, CA, requested a thirty-day continuance
regarding the appeal for Conditional Use Permit No. 91-39.
Mayor Holcomb announced that the City is under negotiations
with Gannett Outdoor Advertising to remove one billboard at 5th
and "E" Street, east of the Platt Building, and requested that
this matter be continued.
Council Member Minor made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the appeal of
the Planning Commission's denial of Conditional Use Permit No.
91-39 be continued to January 6, 1992, in the Council Chambers of
City Hall, 300 North "0" Street, San Bernardino, California.
21
12/2/91
APPEAL - PLANNING COMMISSION'S DENIAL OF VARIANCE NO.
91-16 TO INCREASE HEIGHT AND AREA OF THE CENTER
IDENTIFICATION MONUMENT SIGNS AND FREEWAY MONUMENT
SIGNS - WAL-MART SIGNAGE (37)
This is the time and place set for an appeal of the Planning
Commission's denial of Variance No. 91-16, a request to increase
the height and area of the center identification monument signs
and freeway monument signs on the north side of Highland Avenue
at the termination of Boulder Avenue, east of Denair Avenue. The
request was made by Sierra Engineering.
In a memorandum dated November 19, 1991, Al Boughey,
Director of Planning and Building Services, recommended that the
Mayor and Council deny the appeal and deny all six additional
variance requests of Variance No. 91-16.
Mayor Holcomb opened the hearing.
David Mlynarski of
applicant, Gatlin/Doerken
Vice President of Doerken
Consultant of Signtech.
Sierra Engineering representing the
Development, introduced Philip Adams,
Development; and Earl Charles, Signage
DEPUTY CITY ATTORNEY EMPENO EXCUSED
Deputy City Attorney Empeno left the Council meeting and was
replaced by City Attorney Penman.
Earl Charles, Signage Consultant, Signtech, 6618 Federal
Boulevard, Lemon Grove, CA, explained that adequate signage is
necessary for the center in order to attract shoppers on a
regional basis. He requested that the Council approve the
variance request in concept and direct staff to develop positive
findings of fact.
Philip Adams, Vice President, Doerken Properties, Inc., 3250
Ocean Park Boulevard, Santa Monica, CA, spoke in support of
Variance No. 91-16. He stated that this particular center is
attracting the interest of major retailers who would like to be
located within the center given the required signage. He stated
that the proposed signage program is comprehensive and asked that
the Council consider the application.
Council Member Maudsley, representing the Fourth Ward, spoke
in support of the variance.
Council Member Maudsley made a motion, seconded by Council
Member Hernandez, that the hearing be closed; that the Mayor and
Council approve the variance requests in concept, and refer the
matter back to staff to develop positive findings of fact to come
back at the second meeting in January, 1992.
22
12/2/91
The motion carried by the following vote: Ayes:
Members Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller.
Council Member Minor. Absent: Council Member Estrada.
Council
Nays:
City Attorney Penman stated that in reviewing the variance
chapter in the City's Municipal Code, the City should look at the
legal standpoint of whether or not failing to grant this variance
would deprive this property of privileges enjoyed by other
properties in the vicinity.
COUNCIL MEMBER ESTRADA RETURNED
Council Member Estrada returned to the Council meeting and
took her place at the council table.
Mayor Holcomb suggested that the City consider mitigating
offsets whereby a certain number of signs are removed in place of
a new sign when a sign variance is granted.
City Attorney Penman pointed out the inconsistencies of the
Development Code as it relates to the proposed motion. He stated
that if the City prefers more liberal signs, then the Code has to
be amended.
Council Member Maudsley made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the sign section
of the Development Code be referred to the Legislative Review
Committee; and that staff and the City Attorney be directed to
determine if any revisions to the Development Code are necessary
and come back with a list of concerns in 45 days to receive
Council's direction to proceed.
CITY ATTORNEY PENMAN EXCUSED
City Attorney Penman left the Council meeting and was
replaced by Deputy City Attorney Empeno.
APPEAL PLANNING COMMISSION'S DENIAL OF REVIEW OF
PLANS NO. 89-40, AMENDMENT TO CONDITION OF APPROVAL NO.
1, WHICH RESTRICTS THE SALE OF ALCOHOL AT THE RETAIL
CENTER - CONDITIONAL USE PERMIT NO. 91-22 - MILL STREET
AND PEPPER AVENUE - BASSAM ASKAR (38)
This is the time and place set for an appeal of the Planning
Commission's denial of Review of Plans No. 89-40, a request to
amend Condition of Approval No.1, which restricts the sale of
alcohol at the retail center, and Conditional Use Permit No. 91-
22, for an Italian Delicatessen-market located at the southeast
corner of Mill Street and Pepper Avenue. This request was made
by Bassam Askar.
23
12/2/91
In a memorandum dated November 15,
Director of Planning and Building Services,
the appeal on Review of Plans No. 89-40
Permit No. 91-22.
1991, Al Boughey,
recommended denial of
and Conditional Use
In a letter dated December 2, 1991, Douglas N. Yeoman,
Attorney-at-Law, Parker, Covert & Chidester, 17862 E. Seventeenth
Street, Tustin, CA, representing the Rialto Unified School
District, objected to the granting of Conditional Use Permit and
Amendment to Condition of Approval No. 1 of Review of Plans No.
89-40. The school district expressed concern over the potential
off-site sale of alcohol since the project would be located
approximately sixty feet from the new Rialto High School.
Mayor Holcomb opened the hearing.
John Lightburn, P.O. Box 1622, San Bernardino, CA,
representing Bassam Askar and Linkletter-Perris, referred to a
letter received from the Planning Department, dated April 23,
1991, stating. . . "Pursuant to Chapter 4.5, Section 65950 of the
California Government Code, the City of San Bernardino has six-
months from the date of this letter to take final action on your
proposed project including any appeal period". Mr. Lightburn
stated that the six-month period has expired and requested
clarification whether the Government Code Section 65950 applies
to this project.
Deputy City Attorney Empeno explained that
Streamlining Act requires the City to take action
application within a certain period of time.
the Permit
on a permit
Al Boughey, Director of Planning and Building Services,
stated that this item was scheduled for a Planning Commission
meeting on September 3, 1991; however, the applicant requested
that the appeal be continued.
Mayor Holcomb stated that the Permit Streamlining Act does
not apply to this appeal.
Mr. Lightburn distributed a map to the Mayor and Council
highlighting various markets in the area that sell beer, wine
and hard liquor. He also submitted, for the record, signed
petitions of local residents in support of beer and wine sales at
the delicatessen/market.
Mr. Lightburn objected to the negative findings presented in
the City Police Department investigation of Mr. Askar and
elaborated on various issues in the police report.
COUNCIL MEMBER ESTRADA EXCUSED
Council Member Estrada left the Council meeting.
24
12/2/91
A discussion ensued regarding the distance of this project
to the new Rialto High School and the provisions in Ordinance MC-
770, regulating the construction and operation of convenience
stores.
Mr. Lightburn answered questions and stated that his client
would agree to the condition to revoke the conditional use
permit if, during the review process, problems are detected; and
to the condition that a review be conducted in nine months.
Al Boughey explained why this project does not technically
meet the definition of a convenience store. He stated that
interim Ordinance MC-770 describes a convenience store as a
structure of less than 5,000 square feet; however, this project
is located within a structure that is greater than 5,000 square
feet.
Deputy City Attorney Empeno explained the prov1s1ons in the
Development Code which restricts convenience stores from being
located less than 1,000 feet near schools or another existing
convenience store. He further stated that certain findings
would be required to approve a conditional use permit for the
sale of alcoholic beverages.
Deputy City Attorney Empeno requested that Mr. Lightburn
stipulate to a waiver of the Streamlining Permit Act regulations
should this matter be continued.
Mr. Lightburn stated that he has not had an opportunity to
consult legal counsel to determine if the Streamlining Permit Act
applies to this project.
John Lightburn answered questions regarding the percentage
of beer and wine sales anticipated at the deli.
Kent Van Gelder, Coordinator Facilities Planning, Rialto
Unified School District, 182 E. walnut Avenue, Rialto, CA,
objected to the granting of Conditional Use Permit No. 91-22 and
the amendment to conditions for Review of Plans No. 89-40 to
allow the sale of beer and wine in an area located within 60 feet
of the new Rialto High School. He stated that the District is
concerned that the public health, safety and welfare of its
students would be jeopardized by the project.
Mr. Van Gelder answered questions regarding instances where
problems have occurred in the City of Colton resulting from beer
and wine sales made in a store located near a public high school.
Anna Rodriguez, Principal of the new Rial to High School,
cited specific instances of shoplifting and truancy, that have
resulted from a store selling beer and wine within close
proximity of a public school.
25
12/2/91
At the consensus of the Council, this matter was continued
until later in the meeting to allow Mr. Lightburn an opportunity
to confer with his client regarding the waiving of rights to the
Streamlining Permit Act. See page 27.
PUBLIC HEARING - GENERAL PLAN AMENDMENT
CHANGE LAND USE DESIGNATION FROM RL TO CG-1
CORNER OF UNIVERSITY PARKWAY & I-215
NO. 91-11-
- SOUTHEAST
(39)
This is the time and place set for a public hearing on
General Plan Amendment No. 91-11 a request to change the land use
designation from RL to CG-1 at the southeast corner of University
Parkway & I-215. The request was made by Mr. Ari Miller of
Camden Development Ltd., 9454 Wilshire Blvd., #650, Beverly
Hills, CA.
COUNCIL MEMBER MILLER EXCUSED
Council Member Miller left the Council meeting.
In a memorandum dated November 14, 1991, Al Boughey,
Director, Planning and Building Services, stated that the
Planning Commission recommended approval of General Plan
Amendment No. 91-11 at their meeting of November 6, 1991. The
site designated as CG-1 would provide services to travelers and
local residents in the University Parkway area.
PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 91-11 TO
CHANGE LAND USE DESIGNATION FROM RL TO CG-1 AT THE
SOUTHEAST CORNER OF UNIVERSITY PARKWAY & I-215. (39)
RES. 91-491 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-11 TO
THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (39)
Mayor Holcomb opened the hearing.
Council Member Minor made a motion, seconded by Council
Member Hernandez, that the hearing be closed; and said resolution
be adopted.
Resolution No. 91-491 was adopted by the following vote:
Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-
Ludlam. Nays: None. Absent: Council Members Estrada, Miller.
PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 91-15 - TO
CHANGE LAND USE DESIGNATION FROM CN TO CG-1 ON THE
SOUTHEAST CORNER OF DEL ROSA AVENUE AND EUREKA STREET.
(40)
This is the time and place set for a public hearing on
General Plan Amendment No. 91-15, a request to change the land
26
12/2/91
use designation from CN to CG-1 on the southeast corner of Del
Rosa Avenue and Eureka Street. The request was initiated by the
City of San Bernardino.
RES. 91-492 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-15 TO
THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (40)
Mayor Holcomb opened the hearing.
Council Member Pope-Ludlam made a
Council Member Maudsley, that the hearing
resolution be adopted.
motion, seconded by
be closed; and said
Resolution No. 91-492 was adopted by the following vote:
Ayes: Council Members Reilly, Hernandez, Maudsley, Minor, Pope-
Ludlam. Nays: None. Absent: Council Members Estrada, Miller.
COUNCIL MEMBER MILLER RETURNED
Council Member Miller returned to the Council meeting and
took her place at the council table.
APPEAL - PLANNING COMMISSION DENIAL OF REVIEW OF PLANS
NO. 89-40 - AMENDMENT TO CONDITION OF APPROVAL NO.1,
WHICH RESTRICTS THE SALE OF ALCOHOL AT THE RETAIL
CENTER CONDITIONAL USE PERMIT NO. 91-22 MILL
STREET AND PEPPER AVENUE - BASSAM ASKAR - (DISCUSSED
EARLIER IN THE MEETING. SEE PAGE 23). (38)
This is the time and place continued to from earlier in the
meeting to hear an appeal on Planning Commission's denial of
Review of Plans No. 89-40, amendment to condition of approval No.
1 and Conditional Use Permit No. 91-22.
Deputy City Attorney Empeno suggested
wished to continue this matter, that the
rights to the Streamlining Permit Act
continuance for two weeks.
that if the Council
applicant waive his
and agree to the
Mr. Askar stated for the record that
rights to the Permit Streamlining Act,
continuance of this matter.
he agrees to waive his
and he agrees to the
Al Boughey, Director of
requested that the matter be
two weeks.
Planning and Building Services,
continued for 30 days rather than
Council Member Hernandez requested to meet with members of
the Rial to Unified School District, Planning Department staff,
Police Department, Mr. Lightburn, and Mr. Askar during the week
of December 2, 1991.
27
12/2/91
Council Member Hernandez made a motion, seconded by Council
Member Reilly, and unanimously carried, that the appeal regarding
the sale of beer and wine at the retail center located on the
southeast corner of Mill Street and Pepper Avenue be continued
for thirty days, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
COUNCIL MEMBER HERNANDEZ EXCUSED
Council Member Hernandez left the Council meeting.
RECONSIDERATION APPEAL BOARD OF BUILDING
COMMISSIONERS' FINDINGS TO VACATE TENANTS, REMOVE FENCE
AND OTHER DEBRIS LOCATED AT 1098 W. FIFTH STREET-
MAURICE PETERS - (DISCUSSED EARLIER IN THE MEETING. SEE
PAGE 14) (31)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller, to reconsider action taken regarding the
appeal filed by Maurice Peters for property located at 1098 W.
Fifth Street, San Bernardino, California.
The motion failed by the following vote:
Members Reilly, Minor, Pope-Ludlam, Miller.
Member Maudsley, Minor. Absent: Council
Hernandez.
Ayes:
Nays:
Members
Council
Council
Estrada,
DEPUTY CITY ATTORNEY EMPENO EXCUSED
Deputy City Attorney Empeno left the Council meeting and was
replaced by Deputy City Attorney Skroppos.
Mayor Holcomb expressed concern regarding the appeal and
requested that the appeal be reconsidered.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller, to reconsider the appeal filed by Maurice
Peters.
The motion
Members Reilly,
Member Maudsley.
carried by the following vote: Ayes: Council
Minor, Pope-Ludlam, Miller. Nays: Council
Absent: Council Members Estrada, Hernandez.
Mayor Holcomb opened the hearing.
In a letter dated November 25, 1991, Joseph Lease, Senior
Building Inspector, Planning & Building Services, City of San
Bernardino, CA, informed Mr. Maurice Peters of several code
violations observed at 1098 West Fifth Street; and requested
that the violations be completed within thirty days.
28
12/2/91
Maurice Peters, 1098 W. Fifth Street, distributed to the
Mayor and Council a copy of a document entitled "The Appellant's
Opening Statement, Project No. 91-3620, City of San Bernardino
vs. M. Robert Peters".
COUNCIL MEMBER HERNANDEZ RETURNED
Council Member Hernandez returned to the Council meeting and
took his place at the council table.
Mr. Peters stated that City staff did not reinspect the
premises until November 25, 1991; and that the list of code
violations for property at 1098 W. 5th Street was not received in
a timely manner.
Mr. Peters indicated that he does not object to the
electrical violations cited by Code Enforcement staff; however,
he expressed concern regarding I~em 17, relating to a small house
trailer at the east end of the lot; and Items 23 and 24 relating
to outdoor storage.
Planning Director Al Boughey answered questions regarding
provisions in the ordinance which governs outdoor storage.
A discussion ensued regarding whether or not the issue of
outdoor storage could be grandfathered.
Deputy City Attorney Skropos requested a two week
continuance to research the outdoor storage requirements prior to
the adoption of the Development Code.
Council Member Hernandez made a motion, seconded by Council
Member Miller, and unanimously carried, that the appeal be
denied; that all items except Nos. 23 and 24 be corrected in
thirty days from December 2, 1991; that violation Nos. 23 and 24
be continued to December 16, 1991, in the Council Chambers of
City Hall, 300 North "0" Street, San Bernardino, California.
29
12/2/91
ADJOURNMENT
( 41)
At 3:43 p.m., Council Member Minor made a motion, seconded
by Council Member Hernandez, and unanimously carried, that the
meeting be adjourned to 6:30 p.m., Monday, December 9, 1991, at
the Mediterranean Restaurant, 1300 E. Highland Avenue, San
Bernardino, California, for a joint Council meeting with the City
of Highland.
RACHEL KRASNEY
City Clerk
1
BY,:(( fl'/,( "~,"7'V-'.
Diane Jon~, Deputy City Clerk
By/zJo.,l(C<diLJnrdu'x{ )
Sandra Medina, Deputy City Clerk
No. of Items: 43
No. of Hours: 5 hrs. 45 min.
30
12/2/91