HomeMy WebLinkAbout12-16-1991 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
REGULAR MEETING
DECEMBER 16, 1991
COUNCIL CHAMBERS
The regular meeting of the Mayor and Common Council of the
City of San Bernardino was called to order by Mayor Holcomb at
8:37 a.m., Monday, December 16, 1991, 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, Hernandez,
Maudsley, Minor, Miller; City Attorney Penman, City Clerk
Krasney, City Administrator Clark. Absent: Council Members
Estrada, Pope-Ludlam.
RECESS MEETING - CLOSED SESSION (1)
At 8:37 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
Ii tigation pursuant to
54956.9(b)(1), as there
litigation;
attorney regarding pending
Government Code Section
is significant exposure to
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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 COmDany. et al vs. City of San
Bernardino. et al - San Bernardino Superior Court Case No.
242998; San Bernardino Superior Court Case No. 252058;
City of Red1ands vs. Inland Valley Development Aoency. 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;
City of San Bernardino vs. Libertv 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
Tomas Armendariz. et al vs. James F. Penman. et al - United
States District Court Case No. 91-5757 CMB (WRx);
Meridian Park Investments vs. City of San Bernardino. et a1
- United States District Court Case No. 91-3993 JSL (JRx);
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Matthew Hobbs vs. Ci ty of San Bernardino. et al San
Bernardino Superior Court - Case No. 250971;
Marina Contractors. Inc. vs. penhall Company. et a1 - San
Bernardino Superior Court - Case No. 258670.
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 by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Reilly, Hernandez,
Mauds1ey, Minor, Miller; City Attorney Penman, City Clerk
Krasney, City Administrator Clark. Absent: Council Members
Estrada, Pope-Ludlam.
Also present:
Timothy Sabo, Special
(RDA) .
Senior Assistant City Attorney Morillo;
Counsel to the Economic Development Agency
COUNCIL MEMBER ESTRADA ARRIVED
At 8:46 a.m., Council Member Estrada arrived at the closed
session.
COUNCIL MEMBER
At 8:47 a.m.,
closed session.
POPE-LUDLAM ARRIVED
Council Member Pope-Ludlam
arrived at
the
SENIOR ASSISTANT CITY ATTORNEY MORILLO EXCUSED
At 8:54 a.m., Senior Assistant City Attorney Morillo left
the closed session.
READING OF RESOLUTIONS AND ORDINANCES
Deputy City Clerk Vale read the titles of all the
resolutions and ordinances on the regular, supplemental, addendum
supplemental, and Community Development Commission agendas while
the Council was in closed session.
ADJOURN CLOSED SESSION
At 9:28 a.m., the closed session adjourned to the regular
meeting of the Mayor and Common Council in the Council Chambers
of City Hall, 300 North "0" Street, San Bernardino, California.
RECONVENE MEETING
At 9:34 a.m., Mayor Holcomb reconvened the regular meeting
of the Mayor and Common Council of the City of San Bernardino in
the Council Chambers of City Hall, 300 North "0" Street, San
Bernardino, California.
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ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Estrada, Reilly,
Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Clerk
Krasney, City Attorney Penman, City Administrator Clark. Absent:
None.
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
Hernandez.
ANNOUNCEMENT - COUNCIL MEMBER HERNANDEZ - OMNITRANS (2)
Council Member Hernandez expressed concern regarding
expansion of the Omnitrans facility.
ANNOUNCEMENT - COUNCIL MEMBER ESTRADA - MAIN STREET
TREE LIGHTING CEREMONY (2)
Council Member Estrada expressed
and Council Member Norine Miller for
Main Street tree lighting ceremony.
appreciation to Irmi Blum
their assistance with the
SERVICE PIN AWARDS
(4)
J. Lorraine Velarde, Executive Assistant to the Mayor, read
the names of employees receiving service pin awards.
Each employee received a service pin from Mayor Holcomb in
gratitude of his/her many years of dedicated service to the City.
COUNCIL MEMBER ESTRADA EXCUSED
At 9:36 a.m., Council Member Estrada left the Council
meeting.
PUBLIC COMMENTS - PETER F. PAUL - COMCAST CABLE (3)
Peter F. Paul, 1817 Parks ide Drive, San Bernardino, CA,
expressed concern relative to fee increases being implemented by
Comcast Cable which are being passed onto subscribers. He felt
these fee increases where in conflict with Federal regulations.
PUBLIC COMMENTS
COUNTY PROBATION
PROGRAM
MICHELLE SKRAY SAN BERNARDINO
DEPARTMENT - JUVENILE OFFENDER WORK
(3)
Michelle Skray, San Bernardino County probation Officer,
explained that the County has a juvenile offender work program
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which includes classes covering topics such as rape, domestic
violence, child molestation, and auto theft. One goal of the
classes is to attempt to sensitize participants to the impact
their crimes have on victims and their families. Through the
program, the County has realized that many of the offenders were
victims of crimes themselves. A secondary goal of the classes
is to teach offenders about the cycles of violence and to offer
an opportunity for counseling. Upon completion of the classes,
the participants perform a community work project in conjunction
with Freedom Walk Ministries which provides funding for the work
project.
Ms. Skray requested funding and referral assistance from the
City. She explained that each class costs approximately $300 to
$350. She urged elderly citizens of San Bernardino who may need
work done to their homes and who are not physically or
financially able, to do the work to contact the County of San
Bernardino, Probation Department, Youth Justice Center, 175 West
Fifth Street, San Bernardino, CA, if they wish to participate in
the program.
Mayor Holcomb requested that Ms. Skray submit her request
for funding and referral assistance in writing to the Mayor and
Common Council.
COUNCIL MEMBERS POPE-LUDLAM AND MILLER EXCUSED
At 9:47 a.m., Council Members Pope-Ludlam and Miller left
the Council meeting.
WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES (5)
Council Member Minor made a motion, seconded by Council
Member Hernandez, and unanimously carried, that further reading
of all resolutions and ordinances on the regular, supplemental,
addendum supplemental, and Community Development Commission
agendas be waived.
INTERCONNECT TRAFFIC SIGNALS - MILL STREET,
STREET TO "G" STREET - APPROVAL OF PLANS &
FOR BIDS
FROM "K"
ADVERTISE
(6)
In a memorandum dated November 21, 1991, Roger Hardgrave,
Director of Public Works/City Engineer, stated that plans,
specifications and estimates for interconnecting the traffic
signals on Mill Street, from "K" Street to "G" Street, have been
prepared and the project is ready to be advertised for bids. The
project consists of installing interconnect cable. The total
estimated project cost is $123,000.
San
$185,000
There is
Bernardino Associated Governments (SANBAG) has
in Federal-Aid Urban Funds to finance the
insufficient obligational authority to fund the
approved
project.
project;
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therefore, SANBAG has approved a loan of $4,000,000 to fund
projects designated for Federal-Aid Urban Funds under the
category of Advance Construction. The $4,000,000 loan is
proposed to be repaid with Federal-Aid Urban Funds apportioned
under the Surface Transportation Act. A Cooperative Agreement
between SANBAG and the City will be needed to authorize
advancement of the necessary funds to finance costs incurred for
the project.
Council Member Minor made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the plans for
interconnecting the traffic signals on Mill Street, from "K"
Street, to "G" Street, in accordance with Plan No. 8136, be
approved; and that the Director of Public works/City Engineer be
authorized to advertise for bids.
EXPANSION OF NUNEZ PARK - APPROVAL OF PLANS & ADVERTISE
FOR BIDS (7)
In a memorandum dated November 26, 1991, Roger Hardgrave,
Director of Public works/City Engineer, stated that plans for
Phase I of the expansion of Nunez Park have been prepared and the
project is ready to be advertised for bids. The project entails
installation of utilities, fencing, an irrigation system,
landscaping, street improvements and security lighting, from the
existing improvements west to the private access road east of the
Fourth Street/Fifth Street intersection. The total estimated
project cost is $551,000.
Installation of a bridge over the Flood Control Channel is
included in the special provisions as Additive Alternate "A".
The estimated cost of this bridge is $200,000. The installation
of the bridge is included in the contract documents in the event
that sufficient funds can be identified to finance the actual bid
price.
Council Member Minor made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the plans for
Phase I of the expansion of Nunez Park, in accordance with Plan
No. 7946, be approved; and that the Director of Public Works/City
Engineer be authorized for advertise for bids.
INSTALL NEW LIGHTING SYSTEM - GUADALUPE BASEBALL FIELD
- APPROVAL OF PLANS & ADVERTISE FOR BIDS- SEE RELATED
COMMUNITY DEVELOPMENT COMMISSION ITEM R-13 - SEE PAGE
18 (8)
In a memorandum dated November 25, 1991, Roger Hardgrave,
Director of Public Works/City Engineer, stated that plans for
installation of a new lighting system for Guadalupe Baseball
Field have been prepared and the project is ready to be
advertised for bids. The project entails removing the existing
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lighting poles, installing new poles that will provide standard
lighting levels, and relocating the existing scoreboard. The
total estimated project cost is $90,000.
An amount of $41,776 was allocated from CDBG funds in the
1991/92 Budget. A request for supplemental funding in the
amount of $50,000 has been received. If approved, the additional
supplemental funds would provide a total available amount of
$91,776.
Council Member Minor made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the plans for
installation of a new lighting system for Guadalupe Baseball
Field, in accordance with Plan No. 8625, be approved; and that
the Director of Public Works/City Engineer be authorized to
advertise for bids.
REPLACEMENT OF CURBS AND GUTTERS SEVENTH STREET,
FROM MERIDIAN AVENUE TO DALLAS STREET - APPROVAL OF
PLANS & ADVERTISE FOR BIDS (10)
In a memorandum dated November 26, 1991, Roger Hardgrave,
Director of Public Works/City Engineer, stated that plans for the
replacement of curbs and gutters on Seventh Street, from Meridian
Avenue to Dallas Street, have been prepared and the project is
ready to be advertised for bids. The project entails removal and
replacement of the sections of curbs and gutters that have been
raised by tree roots in order to restore drainage and avoid
ponding of water in the gutters. The total estimated project
cost is $49,600. An amount of $50,000 was allocated from CDBG
funds in the 1990/91 Budget to finance the cost of this project.
Council Member Minor made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the plans for
replacement of curbs and gutters on Seventh Street, from Meridian
Avenue to Dallas Street, in accordance with Plan No. 8627, be
approved; and that authorization be granted to advertise for
bids.
CLAIMS AND PAYROLL
( 13)
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 December 3, 1991, from the Director of Finance,
be approved.
JOINT POWERS FINANCING AUTHORITY - REGULAR MEETING (15)
Council Member Minor made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the regular
meeting of the Joint Powers Financing Authority be adjourned to
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January 22, 1992.
RES. 91-493 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING A DEFERRED COMPENSATION PLAN FOR PART-TIME,
SEASONAL AND TEMPORARY EMPLOYEES EFFECTIVE JANUARY 1,
1992. (17)
RES. 91-494 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GREAT
WESTERN BANK (GWB) TO PERFORM SERVICES RELATING TO THE
ADMINISTRATION OF THE PST DEFERRED COMPENSATION PLAN.
( 18)
RES. 91-495 A RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF
A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION OF A BOX
CULVERT, AND OTHER IMPROVEMENTS, CONCERNING PROPERTY
GENERALLY LOCATED AT THE WESTERN AVENUE CHANNEL AND
NORTHPARK BOULEVARD. ( 1 9 )
RES. 91-496 A RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF
A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION OF A
REINFORCED CONCRETE BRIDGE AND OTHER IMPROVEMENTS,
CONCERNING PROPERTY GENERALLY LOCATED AT THE DEVIL
CREEK CHANNEL AND 48TH STREET. (20)
Council Member Minor made a motion, seconded by Council
Member Hernandez, that said resolutions be adopted.
Resolutions Nos. 91-493, 91-494,
adopted by the following vote: Ayes:
Reilly, Hernandez, Maudsley, Minor.
Council Members Pope-Ludlam, Miller.
91-495,
Council
Nays:
and 91-496 were
Members Estrada,
None. Absent:
ORD. MC-815 - ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SECTION 6.04.020 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO FEE SCHEDULES IN CONJUNCTION
WITH THE ENFORCEMENT OF TITLE SIX, ANIMALS.
Final (22)
Council Member Minor made a motion, seconded by Council
Member Hernandez, that said ordinance be adopted.
Ordinance MC-815 was adopted by the following vote: Ayes:
Council Members Estrada, Reilly, Hernandez, Maudsley, Minor,
Nays: None. Absent: Council Members Pope-Ludlam, Miller.
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COUNCIL MEMBER MILLER RETURNED
At 9:50 a.m., Council Member Miller returned to the Council
meeting and took her place at the council table.
STREET NAME CHANGE - CAMPEAU DRIVE TO GANNETT PARKWAY-
LYING BOTH EAST AND WEST OF HALLMARK PARKWAY - NORTH
OF UNIVERSITY PARKWAY - AUTHORIZATION TO PROCEED (9)
In a memorandum dated December 2, 1991, Roger Hardgrave,
Director of Public Works/City Engineer, stated that The Sun
Company is developing its property in the Hallmark Parkway area,
and has requested a street name change from Campeau Drive to
Gannett Parkway.
There are no residences and only one business affected by
this proposed street name change. The two property owners will
be notified of the proposed street name change and have an
opportunity to respond. The Post Office will also be advised of
the street name change. The Sun Company has paid the processing
fee and will be responsible for costs for new street name signs.
Council Member Estrada made a motion, seconded by Council
Member Minor, and unanimously carried, that the Real Property
Section of the Public Works Department be authorized and directed
to proceed with changing the name of Campeau Drive, lying both
east and west of Hallmark parkway and north of University
Parkway, to Gannett Parkway.
RECEIVE AND FILE - COMPENSATION STUDY - AUTHORIZE CITY
ADMINISTRATOR TO NEGOTIATE MANAGEMENT/CONFIDENTIAL
NEGOTIATING TEAM (11)
In a memorandum dated December 5, 1991, Barbara Dillon,
Director, Personnel, stated that Resolution No. 89-129 states
that "a salary survey shall be conducted in odd-numbered years,
beginning in 1989, by an independent firm selected by the Mayor
and Common Council. The survey shall compare salaries of the
classifications covered by this resolution with like or similar
classifications in other similarly situated municipalities."
The firm selected for the survey in 1991 was COMP PLUS, at a
cost of $4,975. The San Bernardino City Management Association
presented the compensation study to the Personnel Committee on
December 5, 1991. The Personnel Committee made recommendations
to receive and file the study; and that the City Administrator be
authorized to act as the negotiator with the
Management/Confidential negotiating team, recognizing the City's
budget shortfall.
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12/16/91
Council Member Hernandez made a motion, seconded by Council
Member Minor, and unanimously carried, to receive and file the
Management/Confidential Compensation Study from COMP PLUS; and
authorize the City Administrator to act as the negotiator with
the Management/Confidential negotiating team, recognizing the
City's budget shortfall.
COUNCIL MEMBER
At 9:56 a.m.,
Council meeting and
POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned
took her place at the council table.
to the
AUTHORIZE - WAYS AND MEANS COMMITTEE - TO STUDY SALE OF
ANIMALS FOR RESEARCH PURPOSES (12)
In a memorandum dated December 5, 1991, Council Member
Estrada, Chairperson, Ways & Means Committee, stated that the
Ways & Means Committee has been reviewing all revenue sources for
the Animal Control Department, including fee increases such as
dog licenses, and the sale of animals in order for the Animal
Shelter to become more self sufficient. Presently, the shelter
is funded 46.33% by user fees, and 53.77% by the general fund.
The Committee would like to conduct research relative to
animal sales. There may be changes in the Pet Protection Act
which would affect the City'S status under the Act. The
Committee's consideration of sale of animals would terminate when
the issue of raising dog license fees comes before the Council.
Discussion ensued relative to the Animal Control Department
budget deficit of $300,000; whether the pet protection act
regulations have changed; and a recent poll in The Sun newspaper
relative to the sale of animals for research.
City Attorney Penman stated that the law has not changed
relative to this issue, and explained the penalties imposed for
violation of the law.
Council Member Estrada explained that the Ways & Means
Committee can review the matter without the approval of the
Mayor and Council; however, because the sale of animals for
research is a controversial issue she felt that the Mayor and
Council should be advised of the Committee's intention to review
the matter. She stated that this item is on the agenda for the
Council's advisement, not for purposes of authorization.
Council Member Estrada made a motion, seconded by Council
Member Pope-Ludlam, that the Ways and Means Committee be
authorized to study the sale of animals for research and report
back to the Council in approximately six weeks.
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12/16/91
The motion carried by the following vote:
Members Estrada, Reilly, Hernandez, Pope-Ludlam,
Council Members Maudsley, Minor. Absent: None.
Ayes: Council
Miller. Nays:
PERSONNEL ACTIONS
(14)
Council Member Estrada made a motion, seconded by Council
Member Minor, and unanimously carried, that the personnel
actions submitted by the Chief Examiner, dated December 3, 1991,
in accordance with all administrative regulations of the City of
San Bernardino, be continued to later in the meeting. (See page
27)
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH BERT C. UPSON
RELATING TO LANDSCAPING INSTALLATION. (16)
A discussion was held regarding whether City crews could be
utilized for this project; the qualifications of Mr. Upson; and
whether the use of funds previously authorized for
beautification and landscaping of publicly-owned property was
the best use of funds.
Council Member Minor made a motion, seconded by Council
Member Reilly, that said resolution be adopted. (Note: no vote
was taken at this time.)
Concern was expressed regarding determining priorities
between planting trees for beautification, and concentrating on
services such as trash removal, graffiti and blight abatement.
Peggy Ducey, Assistant to the
that Mr. Upson is a contractor
equipment and supervising crews.
City Administrator,
with experience in
stated
heavy
Council Member Hernandez made a substitute motion, seconded
by Council Member Pope-Ludlam, and unanimously carried, to
continue the resolution executing an agreement with Bert C. Upson
to later in the meeting. (See page 25)
RES. 91-497 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MARSHALL
& STEVENS, INCORPORATED, TO PERFORM A PERPETUAL FIXED
ASSET INVENTORY OF THE CITY OF SAN BERNARDINO AND TO
RECONCILE THIS INVENTORY TO ACCOUNTING POLICY AND
PROCEDURES. (21)
City Administrator Clark explained that this inventory
requires specialized knowledge in appraising property and fixed
assets, and that the City's auditors have advised that this
inventory is necessary. She stated that the cost of this
contract can be saved through reduced insurance premiums.
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Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller, that said resolution be adopted.
Resolution No. 91-497 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Maudsley, Minor, Pope-
Ludlam, Miller. Nays: None. Absent: None. Abstain: Council
Member Hernandez.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 5.04 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO BUSINESS REGISTRATION CERTIFICATES.
First (23)
Council Member Reilly made a motion, seconded by Council
Member Estrada, and unanimously carried, that the City Clerk's
proposal to change the designation of "Business License" to
"Business Registration Certificate", be approved; authorize the
City Clerk to take necessary action to implement the change; and
that the ordinance amending Chapter 5.04 of the San Bernardino
Municipal Code relating to Business Registration Certificates be
laid over for final adoption.
APPEAL - BOARD OF BUILDING COMMISSIONERS' - CORRECT
HEALTH AND SAFETY VIOLATIONS AND REHABILITATE
STRUCTURES - 1246 WEST RIALTO AVENUE - EDWARD DUKE-
CONTINUED FROM NOVEMBER 18, 1991 (24)
It was the
property located
in the meeting.
consensus of the Council
at 1246 West Ria1to Avenue
(See page 14)
that the appeal for
be continued to later
PROPOSED DEVELOPMENT CODE AMENDMENT - PERMIT
ORGANIZATIONS IL AND OTHER APPROPRIATE
DISTRICTS COUNCIL MEMBER POPE-LUDLAM
FROM NOVEMBER 18, 1991
FRATERNAL
LAND USE
CONTINUED
(25)
This is the time and place continued to for consideration of
a proposed development code amendment to permit fraternal
organizations in the IL, Industrial Light, and any other
appropriate land use districts.
Council Member Miller made a motion, seconded by Council
Member Estrada, and unanimously carried, that the Mayor and
Common Council direct Planning staff to amend the Development
Code to permit fraternal organizations in the IL and any other
appropriate land use districts.
CITY ATTORNEY PENMAN EXCUSED
At 10:26 a.m., City Attorney Penman left the Council meeting
and was replaced by Deputy City Attorney Skropos.
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APPEAL BOARD OF BUILDING COMMISSIONERS' VACATE
TENANTS, REMOVE FENCE AND OTHER DEBRIS - 1098 W. FIFTH
STREET - MAURICE PETERS - CONTINUED FROM DECEMBER 2,
1991 (26)
This is the time and place continued to for consideration of
an appeal of the Board of Building Commissioners' findings to
require the property owner to vacate tenants, and remove fence
and other debris located at 1098 W. Fifth Street.
In a memorandum dated December 10, 1991, Larry Reed,
Assistant Director, Planning and Building Services, stated that
at its December 2, 1991 meeting the Mayor and Council directed
staff to research San Bernardino Municipal Code Section
19.06.030 (d) (11) to determine if its requirements are
applicable to the property located at 1098 West Fifth Street.
City business license records indicate that operations
commenced on the property as early as 1950, and that on two
occasions the business activity at this location ceased for
longer than 180 days. Therefore, any non-conforming status which
existed previously became null and void and the requirements of
San Bernardino Municipal Code Section 19.62.030 became applicable
to any further use of this property. Consequently, the
"grandfathering" of this non-conforming use/business is
hereinafter moot.
Council Member Estrada made a motion that the Mayor and
Common Council uphold the findings of fact of the Planning and
Building Services Department and require Mr. Peters to obtain all
proper permits within ten (10) days and to correct Items #23,
relating to the removal of the hydraulic lift located on the
north side of the building, and #24, relating to the businesses
known as Amigos Auto Center and Victor's Radiator Shop conducting
repair work outdoors, within thirty (30) days. In the event the
violations are not corrected within the prescribed period of
time, then the City or person( s) authorized by the Building
Official, will initiate action to abate the nuisance. Owner is
to pay all current and future costs incurred by the City in the
abatement of City Code violations and/or nuisances.
The motion failed for lack of a second.
Mr. Peters stated that there has been no interruption of use
since 1971, and that previous to his ownership, and to the best
of his knowledge, the property has been used for the same purpose
since 1937.
It was the consensus of the Council that the appeal for
property located at 1098 W. Fifth Street be continued to later in
the meeting to allow Mr. Peters to review the staff report. (See
page 15)
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12/16/91
CITY ATTORNEY PENMAN RETURNED
At 10:28 a.m., City Attorney Penman returned to the Council
meeting and replaced Deputy City Attorney Skropos.
AUTHORIZE $500,000 RESURFACING STREETS SEE
RELATED COMMUNITY DEVELOPMENT COMMISSION ITEM R-14 (27)
In a memorandum dated December 4, 1991, Shauna Clark, City
Administrator, stated that at its October 21, 1991 meeting, the
Mayor and Common Council approved the Capital Improvement Budgets
for FY 1991/92 with the exception of $500,000 for the paving of
Arrowhead Avenue, Mill Street to Third Street, which was
referred to the Ways and Means Committee.
On October 30, 1991, the Economic Development Agency
informed the Ways and Means Committee that funding for the
paving of Arrowhead Avenue, in the amount of $500,000, was
available from the Subordinate Tax Allocation Bond Issue of 1991,
Series B, Central City Merged Project. The Ways and Means
Committee recommended that the sum of $500,000 for the paving of
Arrowhead Avenue be designated for the purpose of resurfacing
residential streets city-wide ($100,000 per ward) bringing the
total of funds available for this purpose to $700,000.
Council Member Reilly made a motion, seconded by Council
Member Minor, that the sum of $500,000 previously allocated
under Account No. 242-362-57895 for the purpose of paving
Arrowhead Avenue, Mill to Third Streets, be utilized for
resurfacing various streets by City forces. (Note: There was no
vote taken at this time.)
Council Member Estrada made a substitute motion, seconded by
Council Member Pope-Ludlam, and unanimously carried, that the
monies allocated for paving purposes be continued to later in the
meeting. (See page 19)
APPEAL - BOARD OF BUILDING COMMISSIONERS' - CORRECT
HEALTH AND SAFETY VIOLATIONS AND REHABILITATE
STRUCTURES - 1246 WEST RIALTO AVENUE - EDWARD DUKE-
CONTINUED FORM NOVEMBER 18, 1991 CONTINUED FROM
EARLIER IN THE MEETING - SEE PAGE 12 (24)
This is the time and place continued to for consideration of
an appeal of the Board of Buildings Commissioners' findings to
require the property to meet required health and safety
standards, and to rehabilitate the structure located at 1246 W.
Rialto Avenue to the 1988 Uniform Housing Code.
Al Boughey, Director, Planning and Building Services, stated
that Mr. Duke has submitted plans for the renovation, has a plan
check approval, and building permits were issued on November 18,
14
12/16/91
1991. The structure is currently under construction to
rehabilitate the units. Mr. Boughey stated that he would
continue to advise the Council on the rehabilitation work as it
progresses to completion.
,
Council Member Hernandez made a motion, seconded by Council
Member Estrada, and unanimously carried, to continue the appeal
to January 22, 1992, in the Council Chambers of City Hall, 300
North "0" Street, San Bernardino, California, so that Planning
and Building Services staff can return to give an oral report
relative to the status of the rehabilitation of structures
located at 1246 West Rialto Avenue.
CITY ATTORNEY PENMAN EXCUSED
At 10:32 a.m., City Attorney Penman left the Council meeting
and was replaced by Deputy City Attorney Skropos.
APPEAL BOARD OF BUILDING COMMISSIONERS VACATE
TENANTS, REMOVE FENCE AND OTHER DEBRIS - 1098 W. FIFTH
STREET - MAURICE PETERS - CONTINUED FROM DECEMBER 2,
1991 - CONTINUED FROM EARLIER IN THE MEETING - SEE PAGE
13 (26)
This is the time and place continued to for consideration of
an appeal of the Board of Building Commissioners' findings to
require the property owner to vacate tenants, and remove fence
and other debris located at 1098 W. Fifth Street.
Debra Daniels, Acting Code Compliance Supervisor, Planning
and Building Services, explained the process for determining and
verifying that a business has ceased operation and presented
copies of business license records which indicate that on several
occasions business operations ceased at 1098 West Fifth Street.
Ms. Daniels presented these records to Rachel Krasney, City
Clerk.
City
submitted
businesses
operation:
Clerk Krasney read the following data from the records
by Debra Daniels, indicating when the following
located on the property at 1098 Fifth Street ceased
Petroleum Products (J. Johnson) Ceased operation: 01/01/73
Auto Repair (So Arroyo) Ceased operation: 01/02/80
Auto Repair (C. Waters) Ceased operation: 01/01/82
Auto Repair (J. Borges) Ceased operation: 02/07/84
Vehicle Repair (M. Velos and
M. Sanchez) Ceased operation: 12/15/86
COUNCIL MEMBER POPE-LUDLAM EXCUSED
At 10:39 a.m., Council Member Pope-Ludlam left the Council
meeting.
15
12/16/91
Mr. Peters stated that the ordinance as written is invalid
to these facts. He felt that the ordinance was oppressive and
that the courts had indicated that a regulation may be so harsh
as to constitute a "taking" of property which requires
compensation.
Council Member Estrada made a motion, seconded by Council
Member Minor, and unanimously carried, that the Mayor and Common
Council uphold the findings of fact of the Planning and Building
Services Department and require Mr. Peters to obtain all proper
permits within ten (10) days and to correct Items #23, relating
to the removal of the hydraulic lift located on the north side of
the building, and #24, relating to the businesses known as Amigos
Auto Center and Victor's Radiator Shop conducting repair work
outdoors, within thirty (30) days. In the event the violations
are not corrected within the prescribed period of time, then the
City or person(s) authorized by the Building Official, will
initiate action to abate the nuisance. Owner is to pay all
current and future costs incurred by the City in the abatement of
City Code violations and/or nuisances.
Deputy City Attorney Skropos stated that Mr. Peters'
business was not grandfathered under the old zoning regulations
because the business ceased operations for periods of time longer
than 180 days and thus required him to bring any non-conforming
use up to code.
Mr. Peters stated that regulations must be reasonable and
cannot be arbitrary. If they are so unreasonable that they
deprive someone of their basic right of property, then it is an
illegal exercise of legislative power.
Deputy City Attorney Skropos explained that as long as a
regulatory action does not affect or restrict the tenant from
operating a business, the City can regulate how the business can
operate.
RECESS MEETING - CLOSED SESSION (5-1)
At 10:52 a.m., the Mayor and Common Council and Community
Development Commission recessed to closed session for the
following:
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. Barush Babai - San Bernardino
Superior Court Case No. 266543.
16
12/16/91
CLOSED SESSION
At 10: 52 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.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Reilly, Maudsley,
Minor, pope-Ludlam, Miller; City Attorney Penman, City Clerk
Krasney, Ci ty Administrator Clark. Absent: Council Members
Estrada, Hernandez.
COUNCIL MEMBER ESTRADA ARRIVED
At 10:57 a.m., Council Member Estrada arrived at the closed
session.
ADJOURN CLOSED SESSION
At 11:11 a.m., the closed session adjourned to the regular
meeting of the Mayor and Common Council in the Council Chambers
of City Hall, 300 North "0" Street, San Bernardino, California.
RECONVENE MEETING
At 11:11 a.m., Mayor Holcomb reconvened the regular meeting
of the Mayor and Common Council of the City of San Bernardino in
the Council Chambers of City Hall, 300 North "0" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Reilly,
Hernandez, Maudsley, Minor, Miller; Senior Assistant City
Attorney Barlow, City Clerk Krasney. Absent: Council Members
Estrada, Pope-Ludlam; City Administrator Clark.
Also present: Timothy Steinhaus, Agency Administrator,
Economic Development Agency.
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 11:11 a.m., Chairman Holcomb called the regular meeting
of the Community Development Commission to order in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
RES. 91-498 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AMENDMENT NUMBER SIX TO THE LOAN AGREEMENT
RELATING TO CENTRAL CITY PROMENADE. (R-4A)
RES. 91-499 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF SUPPLEMENT NUMBER SIX TO THE INDENTURE
RELATING TO CENTRAL CITY PROMENADE. (R-4B)
17 12/16/91
RES. 91-500 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE
FIRST AMENDMENT TO THAT CERTAIN CONTRACT BY AND AMONG
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO,
THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN
BERNARDINO PERTAINING TO THE USE OF CERTAIN COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS (WESTSIDE PLAZA PROJECT).
(R-8)
RES. 91-501 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENT TO ISSUE BONDS AND AUTHORIZING THE
PUBLICATION OF A NOTICE OF PUBLIC HEARING REGARDING THE
PROPOSED ISSUANCE OF ITS "CITY OF SAN BERNARDINO,
CALIFORNIA, INDUSTRIAL DEVELOPMENT REVENUE BONDS, ISSUE
OF 1992 (LA QUINTA MOTOR INNS, INC. PROJECT)"; MAKING
CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION
THEREWITH. (R-11A)
RES. 91-502 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE
APPLICATION OF LA QUINTA MOTOR INNS, INC., FOR
INDUSTRIAL DEVELOPMENT BOND FINANCING; DIRECTING THE
PREPARATION OF CERTAIN DOCUMENTS; AND MAKING CERTAIN
OTHER FINDINGS AND DETERMINATIONS IN CONNECTION
THEREWITH. (R-11B)
Council Member Reilly made a motion, seconded by Council
Member Miller, that said resolutions be adopted.
Resolution Nos. 91-498, 91-499, 91-500, 91-501, and 91-502
were adopted by the following vote: Ayes: Council Members
Reilly, Hernandez, Maudsley, Minor, Miller. Nays: None.
Absent: Council Members Estrada, Pope-Ludlam.
GUADALUPE BALLFIELD LIGHTING PROJECT - SEE RELATED ITEM
8 - SEE PAGE 6 (R-13)
In a memorandum dated December 9, 1991, Kenneth Henderson,
Executive Director, Economic Development Agency /Development
Department, stated that a request had been received from Parks,
Recreation and Community Services for $50,224 in funds to augment
the present appropriation of $41,766 for the Guadalupe Ballfield
Lighting Rehabilitation Project. The original amount requested
was $76,700. This project received only partial funding due to
the unavailability of funds.
The project entails removing the existing lighting poles,
installing new poles to provide standard lighting levels, and
relocating the existing scoreboard. The total estimated project
cost is $92,000. The additional appropriation of $50,224 will
18
12/16/91
provide a safer facility and allow the project to be completed by
April 1, 1992. At its December 11, 1991 meeting the Community
Development Citizen Advisory Committee reviewed the request for
supplemental funding and recommended to the Mayor and Common
Council that the appropriation of additional funds be allocated.
Council Member Reilly made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the Mayor and
Common Council approve supplemental CDBG funding in the amount of
$50,224 to augment funding for the rehabilitation of the
ballfield lighting at Guadalupe Park and increasing the total
CDBG funding for this project to $92,000.
COUNCIL MEMBERS ESTRADA AND POPE-LUDLAM RETURNED
At 11:17 a.m., Council Members Estrada and Pope-Ludlam
returned to the Council meeting and took their places at the
council table.
AUTHORIZE - $500,000 - RESURFACING STREETS - CONTINUED
FROM EARLIER IN THE MEETING - SEE PAGE 14 (27 & R-14)
Council Member Miller made a motion, seconded by Council
Member Hernandez, and unanimously carried, that the sum of
$500,000 be allocated from the Subordinate Tax Allocation Bond
issue of 1991, Series B, Central City Merged Project for the
purpose of paving Arrowhead Avenue, Mill Street to Third Street.
RES. 91-503 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO RELATING TO
LEGAL SERVICES. (R-16A)
Council Member Reilly made a motion, seconded by Council
Member Minor, that said resolution be adopted.
Resolution No. 91-503 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, Pope-Ludlam, Miller. Nays: None. Absent: None.
COUNCIL MEMBER ESTRADA EXCUSED
At 11:51 a.m., Council Member Estrada left the Council
meeting.
NEW BUSINESS - MARTIN LUTHER KING HOLIDAY - SECOND
MEETING - JANUARY 1992 - MAYOR AND COMMON COUNCIL
(NB-1)
Council Member Reilly made a motion, seconded by Council
Member Miller, and unanimously carried, that the second meeting
of the Mayor and Common Council in January 1992, be held on
Wednesday, January 22, 1992, at 8:30 a.m., in the Council
19
12/16/91
Chambers of City Hall, 300 North "0" Street, San Bernardino,
California.
COUNCIL MEMBER ESTRADA RETURNED
At 11:53 a.m., Council Member Estrada returned to the
Council meeting and took her place at the council table.
RES. 91-504 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A
CERTAIN AMENDMENT NO. ONE TO AMENDED JOINT EXERCISE OF
POWERS AGREEMENT CREATING THE INLAND VALLEY
DEVELOPMENT AUTHORITY. (5-2)
Council Member Miller made a motion, seconded by Council
Member Minor, that said resolution be adopted.
Resolution No. 91-504 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley,
Minor, pope-Ludlam, Miller. Nays: None. Absent: None.
RECEIVE AND FILE ISSUANCE
PARTICIPATION PUBLIC SAFETY
RECLAMATION PLANT
OF CERTIFICATES OF
AUTHORITY WATER
(AS-I)
Council Member Hernandez made a motion, seconded by Council
Member Minor, and unanimously carried, that the ~ssuance of
certificates participation for the Water Reclamation Plant be
continued to later in the meeting. (See page 26)
RECESS MEETING
At 11:57 a.m., Mayor Holcomb recessed the regular meeting of
the Mayor and Common Council until 2:00 p.m.
RECONVENE MEETING
At 2:08 p.m., Mayor Holcomb reconvened the regular meeting
of the Mayor and Common Council of the City of San Bernardino in
the Council Chambers of City Hall, 300 North "0" 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,
Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City
Attorney Empeno, City Clerk Krasney. Absent: City Administrator
Clark.
APPEAL - PLANNING COMMISSION'S DENIAL - CONDITIONAL
USE PERMIT NO. 91-28 - VARIANCE NO. 91-08 - PERMIT
SALE OF BEER AND WINE FOR OFF-SITE CONSUMPTION
CONSTRUCTION OF CONVENIENCE STORE ( 2 8 )
This is the time and place set to consider an appeal of the
20
12/16/91
Planning Commission's denial of Conditional Use Permit No. 91-28,
and Variance No. 91-08, to permit the sale of beer and wine for
off-site consumption, construction of a convenience store on less
than the minimum lot size, and reduction of loading space
requirements.
In a memorandum dated December 5, 1991, Al Boughey,
Director, Planning and Building Services, stated that the
property consists of a 6,250 square foot parcel located at 1255
West Baseline. The land use designation of the site is CG-2,
Commercial General.
The property is within 225 feet from a religious
institution, and within 100 feet of residentially-used property.
Municipal Code standards specify that development of new
conven~ence stores must comply with the minimum standards in
addition to conditions imposed by the Planning Commission. The
minimum standards restrict proposals for alcohol sales within 500
feet of any religious institution, school or public park, and
within 100 feet of any property designated or used for
residential purposes. The property does not meet the minimum
standards as described in the Municipal Code. The Planning
Commission denied both the variance and conditional use permit
based on the findings of fact.
Mayor Holcomb opened the hearing.
Kenzie Wooten, 1588 Western Avenue, San Bernardino, CA,
stated that in 1989 he went to Planning and Building Services to
determine the feasibility of building a convenience store on the
site. He stated that all the actions he took in relation to his
application were done in response to directions from the Planning
and Building Services staff. He stated that in May, 1991 he was
advised the application had been accepted, and that after March
1991 the codes and ordinances, as they relate to construction and
operation of a convenience store, had been amended and that the
project was no longer in conformance. He stated that since he
had invested two years and a great deal of money into the
project, he responded to direction from staff and applied for a
variance. He felt that his store would not impair the integrity
and character of the area. He stated that the majority of the
businesses in this community did not conform to the code for
onsite loading or parking capabilities.
Paul Wheeler, Value Homes, 22345 Barton Road, Grand Terrace,
CA, stated that he paid the City approximately $1600 in fees for
the project. He explained that at approximately the same time he
paid the fees he moved his office and closed his bank account
which caused the check to be returned to the City. He explained
that as soon as he was aware of the problem with the check he
replaced it with a cashier's check. He explained that the
returned check was held for approximately six months before he
21
12/16/91
was notified by the City that it had been returned. He felt that
had the check been promptly handled, this project would have been
grandfathered in under the old regulations.
Deputy City Attorney Empeno presented a chronological
history of the events relating to the proposed convenience store.
He explained that the Council cannot legally grant the variance
with the ordinances in effect as of this date. He explained
that the second motion proposes that the item be continued and
that staff be directed to prepare an amendment to the Development
Code so that this application can be approved. An alternative
would be to consider an amendment to the variance ordinances as
outlined in Section 19.72 to provide the opportunity to grant a
variance on the distance requirements.
Deputy City Attorney Empeno clarified that the question
relating to the check is not the only issue relating to this
project. He also stated that there was no mention of beer and
wine sales in the original application for review of plans.
Council Member Minor made a motion, seconded by Council
Member Maudsley, that the Mayor and Common Council deny the
appeal; and deny Conditional Use Permit No. 91-28 and Variance
No. 91-08. (Note: There was no vote taken at this time).
Peter Mercadante, a resident of Los Angeles, CA, spoke in
support of establishing the convenience store, and allowing the
sale of beer and wine for off-site consumption at this location.
John
spoke in
location.
Hernandez, 1248 West Orange Street, San Bernardino, CA,
opposition to the sale of beer and wine at this
Carlton Deon, a resident of San Bernardino, CA, spoke in
support of a business opening and operating at this location.
CITY CLERK KRASNEY EXCUSED
At 2:41 p.m., City Clerk Krasney left the Council meeting
and Deputy City Clerk Medina assumed the duties of City Clerk.
Lupe Miranda, 1263 West Orange Street, San Bernardino, CA,
voiced opposition to the sale of beer and wine at this location.
Houston Hudson, 1231 Orange Street, San Bernardino, CA,
stated his opposition to the sale of beer and wine at this
location.
Council Member Minor made a substitute motion, seconded by
Council Member Maudsley, that the public hearing be closed; and
that the appeal of Conditional Use Permit No. 91-28 and Variance
No. 91-08 be denied. (Note: There was no vote taken at this
time. )
22
12/16/91
Council Member Pope-Ludlam made a substitute motion,
seconded by Council Member Hernandez, and unanimously carried, to
continue the item so that the Planning and Building Services
staff can prepare and return with recommendations on alternatives
such as code amendments on January 22, 1992, in the Council
Chambers of City Hall, 300 North "0" Street, San Bernardino,
California.
COUNCIL MEMBER ESTRADA EXCUSED
At 2:55 p.m., Council Member Estrada left the Council
meeting.
APPEAL
TRACT NO.
ESTABLISH A
PLANNING COMMISSION'S APPROVAL TENTATIVE
15114 - CONDITIONAL USE PERMIT NO. 90-74-
66 LOT SINGLE-FAMILY SUBDIVISION (29)
This is the time and place set to consider an appeal of the
Planning Commission's approval of Tentative Tract No. 15114, and
Conditional Use Permit No. 90-74, to establish a sixty-six lot
single-family subdivision with 15.9 acres of natural open space
on 44.9 acres located in the Hillside Management Overlay
District.
In a memorandum dated December 4, 1991, Al Boughey,
Director, Planning and Building Services, stated that the basis
of the appeal is that the Soil Engineer's tests for shear factors
were done at a stress level less than the stress level predicted
by the geologist, and that the secondary means of access crosses
the San Andreas fault on Hemlock and does not meet current
design standards due to its incline.
The Planning Commission, at its October 29, 1991 meeting,
approved Tentative Tract No. 15114, and Conditional Use Permit
No. 90-74 based upon the findings of fact, conditions of
approval, and standard requirements. The soils stability
analysis prepared by Soil and Testing Engineers, Inc., is
consistent with industry standard practice. The Development
Review Committee, at its December 5, 1991 meeting, reviewed the
primary and secondary means of access and cleared the proposal
for hearing by the Planning Commission.
Mayor Holcomb opened the hearing.
Michael Maudsley, Council Member Fourth Ward, expressed
concern relating to differences in the Soils Engineer's report
and the Geologist's report; and whether the secondary means of
access was adequate. He stated that his concerns had been
addressed in the staff report dated December 4, 1991, from Al
Boughey, Director, Planning and Building Services.
Mark Stewart, 3723 Hemlock Drive, San Bernardino, CA,
23
12/16/91
expressed opposition to Hemlock Drive being used as an access
street for the tract.
Will Sturn, 3617 Hemlock Drive, San Bernardino, CA,
expressed concern over the conflicting reports, the fire hazard
in the area, the density transfers authorized for the tract, and
the land stability. He expressed concern for the environment in
the area of the Indian bingo parlor which he felt was a unique
area.
Tom Dodson, Tom Dodson & Associates, 444 N. Arrowhead
Avenue, San Bernardino, CA, stated that the proposed new road
that would go from Piedmont to Hemlock would not be a secondary
access road but an emergency access road only. He stated that
more detailed information became available after the first
report was issued. He answered questions from the Council
relating to the project.
Jack Vander Woude, The Tahiti Group, 577 North "0" Street,
San Bernardino, CA, stated that no work would commence on the
project until the lots can be sold.
COUNCIL MEMBER ESTRADA RETURNED
At 3:52 p.m., Council Member Estrada returned to the Council
meeting and took her place at the council table.
Council Member Minor made a motion, seconded by Council
Member pope-Ludlam, that the hearing be closed; that the Mayor
and Common Council deny the appeal of the Planning Commission's
approval of Tentative Tract No. 15114 and Conditional Use Permit
No. 90-74; adopt the mitigated negative declaration; and approve
the mitigation monitoring reporting program.
The motion carried by the following vote: Ayes: Council
Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller.
Nays: None. Absent: None. Abstain: Council Member Estrada.
PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT NO. 91-01-
ALLOW EXISTING SINGLE FAMILY RESIDENCES PERMITTED
USE - CO-2, COMMERCIAL OFFICE, LAND USE DESIGNATION
CITYWIDE - ESTABLISH STANDARDS - RESIDENTIAL STRUCTURES
- CONVERTED TO LOW INTENSITY OFFICE USES (30)
This is the time and place set for a public hearing to
consider Development Code Amendment No. 91-01 to allow existing
single family residences as a permitted use in the CO-2,
Commercial Office, land use designation city-wide, and to
establish standards by which the residential structures may be
converted to low intensity office uses.
In a
Director,
memorandum dated November 25,
Planning and Building Services,
1991, Al
stated
Boughey,
that the
24
12/16/91
amendment was prepared to preserve unique residential structures
in the vicinity of Atlantic Avenue and Palm Avenue. General Plan
Amendment No. 91-10 established a policy in the General Plan
which allows existing single-family residences to remain as
permitted, conforming uses. Development Code Amendment No. 91-01
will implement General Plan Amendment No. 91-10.
The Planning Commission, at its October 29, 1991 meeting,
recommended adoption of the ordinance to amend the Development
Code based on the findings of fact.
Mayor Holcomb opened the hearing.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 19.06.010(2)(C), 19.060.030(2), 19.24.040, AND
TABLES 06.01 AND 06.03 OF THE SAN BERNARDINO MUNICIPAL
(DEVELOPMENT CODE) TO ESTABLISH EXISTING SINGLE FAMILY
RESIDENTIAL STRUCTURES AS PERMITTED, CONFORMING USES IN
THE COMMERCIAL OFFICE (CO-2) LAND USE DISTRICTS CITY
WIDE, AND TO PROVIDE STANDARDS BY WHICH THE STRUCTURES
MAY BE CONVERTED TO LOW INTENSITY OFFICE USES.
First (30)
Council Member Maudsley made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, that the hearing be
closed; that further reading of the ordinance amending Section
19.06.010(2)(C); Table 06.01; Table 06.03; Section 19.06.030(2);
and Section 19.24.040 be waived, and said ordinance be laid over
for final adoption; and that the negative declaration be adopted.
CITY ATTORNEY PENMAN RETURNED
At 3:55 p.m., City Attorney Penman returned to the Council
meeting and replaced Deputy City Attorney Empeno.
RES. 91-505 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BERT C.
UPSON RELATING TO LANDSCAPING INSTALLATION. (Continued
from earlier in the meeting) (See page 11) (16)
Council Member Hernandez made a motion, seconded by Council
Member Minor, that said resolution be adopted.
Resolution No. 91-505 was adopted by the following
Ayes: Council Members Estrada, Reilly, Maudsley, Minor,
Ludlam, Miller. Nays: Council Member Hernandez. Absent:
vote:
Pope-
None.
MAYOR HOLCOMB EXCUSED
At 4:00 p.m., Mayor Holcomb left the Council meeting and the
duties of Mayor Pro Tem were assumed by Council Member Maudsley.
CITY ATTORNEY PENMAN EXCUSED
At 4:00 p.m., City Attorney Penman left the Council meeting
25
12/16/91
and was replaced by Deputy City Attorney Roth.
RECEIVE AND
PARTICIPATION
RECLAMATION PLANT
MEETING - SEE PAGE 20
FILE ISSUANCE OF CERTIFICATES OF
PUBLIC SAFETY AUTHORITY WATER
CONTINUED FROM EARLIER IN THE
(AS-1)
In a memorandum dated November 26, 1991, Bernard Kersey,
General Manager, Water Department, stated that the Water
Department is preparing to issue Certificates of Participation
through the Public Safety Authority for improvements at the Water
Reclamation Plant. The Public Safety Authority is a joint powers
authority of the City and County of San Bernardino, and was the
funding source for the 1969 expansion of the Water Reclamation
Plant.
The term of the issue is proposed for twenty-five years.
Included in this issuance are proceeds to defease, or terminate,
the balance of the 1986 Sewer Refunding Revenue Bonds. The
purpose of defeasing the issue is to eliminate multiple layers of
debt service and bond covenants, and to allow the pledge of all
revenues of the Sewer Fund for debt service. The process to be
used to defease the bonds is called an "asset transfer". The
City will sell to the Public Safety Authority a piece of
property on which new facilities will be constructed. The sale
value will be equivalent to the amount needed to defease the
bonds. The proceeds of this sale will be used to defease the
revenue bonds. Under the Certificate of Participation
Installment Purchase Agreement, the City will purchase both the
site and improvements from the Public Safety Authority.
Council Member Miller made a motion, seconded by Council
Member Minor, and unanimously carried, that the Issuance of
Certificates of Participation through the Public Safety Authority
for improvements at the Water Reclamation Plant, be received and
filed.
RECESS MEETING - CLOSED SESSION (1)
At 4:04 p.m., Council Member Hernandez made a motion,
seconded by Council Member Estrada, and unanimously carried, that
the Mayor and Common Council and Community Development Commission
recess to closed session for the following:
c. to consider personnel matters pursuant to Government
Code Section 54957;
CLOSED SESSION
At 4:04 p.m., Mayor Pro Tem Maudsley called the closed
session to order in the conference room of the Council Chambers
of City Hall, 300 North "0" Street, San Bernardino, California.
26
12/16/91
ROLL CALL
Roll call was taken with the following being present: Mayor
Pro Tem Maudsley; Council Members Estrada, Reilly, Hernandez,
Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City
Administrator Clark. Absent: Mayor Holcomb; Deputy City Clerk
Medina.
Also present:
Department.
Assistant Chief Harp, San Bernardino Police
CITY ADMINISTRATOR CLARK AND ASSISTANT CHIEF HARP, SAN
BERNARDINO POLICE DEPARTMENT EXCUSED
At 4:41 p.m., City Administrator Clark and Assistant Chief
Harp, San Bernardino Police Department, left the closed session.
DEPUTY CITY CLERK MEDINA ARRIVED
At 4:50 p.m., Deputy City Clerk Medina arrived at the closed
session.
ADJOURN CLOSED SESSION
At 4:54 p.m., the closed session adjourned to the regular
meeting of the Mayor and Common Council in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
RECONVENE MEETING
At 4:54 p.m., Mayor Pro Tem Maudsley reconvened the regular
meeting of the Mayor and Common Council of the City of San
Bernardino 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 Pro Tem Maudsley; Council Members
Estrada, Reilly, Maudsley, Minor, pope-Ludlam, Miller; City
Attorney Penman, Deputy City Clerk Medina, City Administrator
Clark. Absent: Mayor Holcomb; Council Member Hernandez.
PERSONNEL ACTIONS CONTINUED FROM EARLIER
MEETING - SEE PAGE 11
IN THE
(14)
Shauna Clark, City Administrator, recommended that the
personnel actions submitted by the Chief Examiner, dated December
3, 1991, be continued to January 6, 1992, in the Council Chambers
of City Hall, 300 North "0" Street, San Bernardino, California.
Discussion ensued regarding the Police Department budget;
Assessment District No. 994 (city-wide street lighting and street
sweeping); the duties of sworn officers and non-sworn employees;
and the Police Academy.
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12/16/91
Council Member Estrada made a motion, seconded by Council
Member Miller, and unanimously carried, that the following
personnel actions submitted by the Chief Examiner, dated December
3, 1991, in accordance with all administrative regulations of the
City of San Bernardino, be approved: Items 3, 16, 19, 22, 24,
25, and 26.
A discussion was held relating to the twelve Law Enforcement
Trainee personnel actions.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller, that the following Law Enforcement
Trainee personnel actions submitted by the Chief Examiner, dated
December 3, 1991, in accordance with the administrative
regulations of the City of San Bernardino, be approved: Items
27,28,29,30,31,32,33,34,35,36,37, and 38. (Note: No
vote was taken at this time.)
City Attorney Penman stated that the City might face a legal
challenge if the Law Enforcement Trainees are hired and placed in
the Academy and then the City lays off sworn officers. He
explained the Civil Service rules as they apply to layoffs.
Assistant Chief Harp, San Bernardino Police Department,
stated that the assessment district provided for an additional
twenty-three (23) sworn police officers, and twenty-five (25)
non-sworn police employees.
City Administrator Clark explained that budget cuts could be
made in the Police Department without affecting the number of
officers patrolling the streets. She explained that if these
trainees are hired, then that would preclude any budget cuts in
the Police Department, and that the $1.2 million that would have
been cut from the Police Department would have to be absorbed by
spreading that amount out to the other City departments. She
recommended that a decision on hiring the trainees be postponed
until a more accurate picture of the budget is prepared.
Council Member Miller made a substitute motion, seconded by
Council Member Estrada, that six of the twelve Law Enforcement
Trainee personnel actions submitted by the Chief Examiner, dated
December 3, 1991, in accordance with all administrative
regulations of the City of San Bernardino, be approved: which
are items 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, and 38; and
that the remaining six be held until the next Academy opening in
April, 1992; and that the Police Department determine which six
of the twelve candidates be hired.
The substitute motion carried by the following vote: Ayes:
Council Members Estrada, Reilly, Maudsley, Minor, Miller. Nays:
Council Member Pope-Ludlam. Absent: Council Member Hernandez.
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12/16/91
It was the consensus of the Council that the following
personnel actions not previously mentioned be continued until
January 22,1992: Items 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14, 15, 17, 18, 20, 21, and 23, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
NEW BUSINESS - CHARTER REVIEW
(NB-2)
City Attorney Penman announced that
discussion ensued regarding how to balance
Mayor and Common Council.
in closed session
power between the
Council Member Miller made a motion, seconded by Council
Member Minor, and unanimously carried, that the City Attorney
give a report on January 22, 1992, on the Charter from 1905 to
present on how to balance the power between the Executive Branch
(Mayor) and the Legislative Branch (Common Council); and that the
Committee for Better Relations meet with the Mayor prior to
January 22, 1992.
ADJOURNMENT (31)
At 5:23 p.m., Mayor Pro Tem Maudsley adjourned the regular
meeting of the Mayor and Common Council, to Monday, January 6,
1992, in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
RACHEL KRASNEY
City Clerk
By ::.duncLLCl-/ hU?tlc'/ )(~)
Sandra Medina
Deputy City Clerk
/'
By /f'~-e4'-c/ 7.L--C~
Melanie Vale
Deputy City Clerk
No. of Items: 58
No. of Hours: 7
29
12/16/91