HomeMy WebLinkAbout38-Public Works
. CITY OF SAN BERN)d:tDINO - REQUEST PUR COUNCIL ACTION
Dept:
Planning
'E"'~";' ~:j..l-to Avenue/Walnut Street
R ~ Interim pOlicy Document Study
Il9 JAR II MI, \I: 20
m Mayor and Council Meeting OJ12l1f
January 17, 1989, 2:00 p.m.
(
From: Brad L. Kilger
Director of Planning
Date:
January 11, 1989
Synopsis of Previous Council action:
10/14/88 r- Mayor and Council requested that a public hearing be
scheduled to consider the interim land use designation
assigned to the area around Rialto Avenue and Walnut
Street.
11/21/88 -- Mayor and Council continued the hearing to their meeting
of January 17, 1989. (Staff mailed public hearing notice
to area property owners on January 6, 1989.)
Recommended motion:
That the General Plan Citizen Advisory Committee be directed to
incorporate the land use designation shown on Exhibit C as part
of the draft General Plan.
Contact person:
vincent A. ~autista
Phone: 384-5057
Supporting data attached: Staff Report
Ward: 3
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No,)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No . ~ R
CITY OF SAN BERMX'RDINO -
-
REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject: Rialto Avenue/Walnut Street Interim Policy
Document Study
Mayor and Council Meeting of 1/17/89
BACKGROUND
The Mayor and Common Council have directed the Planning
Department to restudy the land use designations assigned to
the area bounded by Rialto Avenue, Mount Vernon Avenue,
Walnut Street and Muscott Street.
Page Exhibit A shows the study area and the sections of the
study area (1 -5) referred to throughout this report.
Exhibit B shows the existing land use designations.
Exhibit C shows proposed land use designations.
The following area
existing land uses
and other factors
area.
by area review provides a description of
and an analysis of neighborhood conditions
affecting potential designations for each
ANALYSIS
Area 1
Land uses
Exhibit A)
industrial
industrial
residences
along the south side of Rialto Avenue (see Area 1,
are a mixture of commercial, light and heavy
and single-family residential uses. The light
uses predominate with relatively few single-family
or heavy industrial uses.
Light industrial uses in this area would be buffered by the
flood control channel and the railroad right-of-way. Rialto
Avenue is a major arterial providing good access to non-
residential uses located on this street.
single-family
predominating
single-family
neighborhood
use.
uses in this area are inconsistent with the
industrial uses. There are too few existing
residences in this area to constitute a
or to justify their continuation as a viable
Heavy industrial uses are also incompatible with existing
light industrial and commercial uses. The existing heavy
industrial uses, such as Berzco Steel and the auto wrecking
yard are not the best long term uses for this area. There is
not adequate vacant land in the area to provide sufficient
buffering from areas to the south or to accommodate the large
parcels of land required for heavy industrial uses.
Expansion of commercial uses along Rialto Avenue could create
75-0264
,/
Rialto Avenue/Walnut Street - Interim POlicy Document study
Mayor and Council Meeting of 1/17/89
Page 3
a commercial strip. The economic study done for the General
Plan Revision found that San Bernardino already has more
commercial development than the current population can
support. Stafff would discourage the expansion of commercial
strips in favor of concentrated commercial nodes.
Area 2
The portion of the study area generally located east of
Muscott street and extending south to Walnut Street (see Area
2, Exhibit A) contains single-family residences, a mobile
home park and vacant land.
This area is predominantly vacant land.
was previously subdivided into small lots
substandard by todays requirements.
single-family residences on small lots, duplexes and mobile
home developments would be consistent with the existing land
uses and subdivisions. Residential uses would be compatible
with the single-family residences to the south and east.
Much of this land
that are considered
commercial and industrial uses in this area would be incon-
sistent with the existing residential uses. Parcels would
have to be combined in order to create lots large enough to
support these uses. Walnut Street is a local street that
would not provide the visibility that commercial uses need or
the access required by industrial uses.
Area 3
The area west of Muscott Street extending to the city limits
and including the south side of Walnut Street and the
northeast portion of Walnut and Muscott streets (see Area 3,
Exhibit A) contains heavy industrial uses and some single-
family residences.
There is a great deal of vacant land in this area, which is
often required for heavy industrial uses and which could be
utilized to create buffers protecting adjacent areas.
Proximity to the railroad tracks would provide industrial
uses needed access to materials and delivery.
Muscott and Walnut streets are local streets that would
provide poor visibility for commercial uses.
Residential uses are not compatible with the railroad use to
the west because of noise constraints.
Area 4
The area west of Mt. Vernon Avenue extending south to the
north side of Walnut street (see Area 4, Exhibit A) is
predominantly single-family residences with a few duplexes, a
, ~
Rialto Avenue/Walnut street - Interim Policy Document study
Mayor and Council Meeting of 1/17/89
Page 4
small apartment complex and a masonry business.
This area is an established neighborhood in good condition.
Congress street contains a wide landscaped median with mature
trees. The residences in this area may be of historic
significance.
Commercial uses would be inconsistent with existing land
uses. . The existing residential cul-de-sacs would not provide
adequate access for thru-traffic or good visibility.
Industrial uses in this area would be incompatible with
established residential neighborhoods. There is not adequate
land or street access to support these uses. The masonry
business on the north. side of Walnut street is an isolated
business that does not represent the best long-term use for
that site.
Area 5
The west side of Mt. Vernon Avenue and the north side of
Rialto Avenue west of Mount Vernone Avenue to the railroad
tracks (see Area 5, Exhibit A) contains a mixture of
commercial, light industrial and single-family residences.
Commercial uses in this area would be consistent with the
commercial development to the north and south. Mt. Vernon
Avenue is a major arterial that provides good visibility and
access for commercial uses. The existing single-family homes
could be transitioned to commercial uses, preserving these
older homes and creating a unique commercial district.
RECOMMENDATION
Area 1
staff recommends that the area on the south side of Rialto
Avenue (Area 1, Exhibit C) designated IH, be changed to IL,
Industrial Light. The single-family residences, the auto
wrecking ~ard and Berzco Steel would become non-conforming
uses.
Area 2
Staff recommends that the area east of Muscott
extending south to Walnut street (Area 2, Exhibit C)
nated RS, be changed to RU, Residential Urban.
street
desig-
Area 3
Staff recommends that the area west of Muscott street extend-
ing to the City limits and including the south side of Walnut
Street and the north east portion of Muscott and Walnut
streets (Area 3, Exhibit C) designated IH, Industrial Heavy,
remain IH. Single-family residences that become non-con form-
o 0
Rialto Avenue/Walnut street - Interim Policy Document study
Mayor and Council Meeting of 1/17/89
Page 5
ing uses should remain as such and eventually be phased out.
Area 4
staff recommends that the area west of Mt. Vernon Avenue
designated IL, Industrial Light be changed to RS, Residential
Suburban. The area on the north side of Walnut Street (Area
4, Exhibit C) designated RS should remain RS. The apartment
complex and the duplexes on Walnut Street will become non-
conforming uses. Staff recommends that these uses be desig-
nated legal non-conforming by policy. The masonry business
which will also become non-conforming should remain as such
and eventually phase out.
Area 5
Staff recommends that the west side of Mt. Vernon Avenue
designated CG, Commercial General, remain CG. The north side
of Rialto Avenue designated RS should be changed to CG (Area
5, Exhibit C) A designation of CG would make the single-
family residences and light industrial uses non conforming.
The industrial uses should phase out over time. The residen-
tial uses should transition to commercial uses while main-
taining structures with historical significance.
Prepared by:
Catherine Edwards, Planner I
for Brad L. Kilger, Director of Planning
mkf/l/l0/89
M&CCAGENDA:
RIALTO/WALNUT
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CITY OF SAN BERNARDINO PLANJilJNG DEPARTMENT
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LOCATION MAP AREAS
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To: City of San Bernardino
Mayor and City Council Members
')
January 10, 1989
This petition is to express our choice for the general plan zoning of the
vacant lots in the rear of Rancho Mobile Home Park, located at 1600 West
Walnut Street, San Bernardino, CA. Our first choice is for mobile home
park zoning, our second choice would be to leave it as M-l zoning.
Tenant
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Address
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EXCERPT OF MAY 18, 1988, COUNCIL MEETING
The following is an excerpt from the Council Meeting of May 18,
1988, derived from a video tape
Flores: Another area is heavy industrial that we have designated.
I would like to just take that portion that is currently
being used, this is south of Rialto Avenue bordered by
the PFC which is the flood control channel and south to
Walnut there's one area on the corner of Walnut and I
forget the name of this other street that is a wrecking
yard. I would like to leave that as IH, heavy
industrial unless we can clarify that grandfather clause.
Above that.. .well it is. Yes, leave it there. I am not
sure ...
Mayor: You're going to leave the wrecking yard?
It's not exactly the ...
Mdsly: It borders the choo choo train tracks. Mayor makes a
comment that does not come across on microphones and
Maudsley responds: Well, Mayor, you gotta have a
wrecking yard some place. What better place to have a
wrecking yard than next to the railroad tracks.
Flores: Just east of that, from that wrecking yard, there is a
mobile home park which should be included in there.
What I would like to do, the rest of that probably
mixed
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use as RS and the rest of that area south of Rialto down
to Walnut just excluding the wrecking yard, have that in
mixed use; something that would allow the mobile home
park and residential RS.
Mayor: We did those the first time we passed through there.
Flores: Yes--heavy industrial, but we did not take into
consideration what was there as well as that the city put
in $500,000 of sewers for that area in consideration of
residential homes.
Mdsly: Is that the El Rancho Mobile Home Park?
Flores: I don't remember - it's on Walnut.
Ann S.: Why don't you just have that the residential
designations make the mobile home park that exists, RU,
and the balance RS.
Flores: Okay
Reilly: You are talking about Belleview and Congress and Muscott
Streets being residential streets.
Flores: Yes.
Reilly: Down to Walnut.
Mdsly: Yes.
Flores: Okay. The other area is goin' farther west.
Flores: Did we take a vote on that? We didn't take a vote. I
would like to make that as a motion.
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Shauna: Okay. You have a place to catch up because you have two
motions in there. Because you started talking about
Rialto bordered by the public flood control channel and
then you moved on to the other one.
Flores: Okay, Rialto Avenue south bordered by the flood control
channel to the east by the railroad tracks and on the
west, down to Walnut, south to Walnut, all that area
which is right now classified as heavy industrial, I
would like to just, what was that?
Shauna: You wanted to leave it heavy industrial unless they can
clarify the grandfather clause
Flores: Just where wrecking yard is at.
Ann S: You want the wrecking yard to be heavy industrial.
Flores: Yeh, to leave it as it is. And that rest of it, what was
that designation that you gave me
Shauna: Then just east of that from the wrecking yard there is
a mobile home park.
Flores: Well, no no.
Shauna: I'm going on to your next motion. Just east of that from
the wrecking yard there is a mobile home park
Flores: No No.
Shauna: I'm tired.
Flores: Yes, I am too.
Shauna: And you want to
t""
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Flores: No, I think Ann suggested
Shauna: Right, she recommended the RU for the mobile home park
and the balance be designated RS so that will preserve
existing uses in the area.
Shauna: And those are your two motions?
Flores: Those are my two motions, yes.
Rei 11 y: Second
Mdsly: ... and 2 wrecking yar.ds.
SHAUNA CLARK
1/9/89
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City of San Bernardino, California
October 24, 1988
This is the time and place set for an Adjourned Regu-
lar Meeting of the Mayor and Common Council of the City of
San Bernardino at their Regular Meeting held on Monday,
October 17, 1988, at 9:99 a.m., in the Council Chambers of
City Hall, 399 North "0" Street, San Bernardino, Cali-
fornia, and adjourned to 9:99 a.m., Monday, October 24,
1988, in the Council Chambers of City Hall, 399 North "0"
Street, San Bernardino, California, as all members were
absent therefrom.
The City Clerk has caused to be posted the Notice of
Adjournment of said meeting held Monday, October 17, 1988,
at 9:99 a.m., and has on file in the Office of the City
Clerk an affidavit of said posting together with a copy of
said Notice which was posted at 9:99 a.m., Monday, October
17, 1988, in the Council Chambers of City Hall, 399 North
"0" Street, San Bernardino, California.
The Adjourned Regular Meeting of the Mayor and Common
Council of the City of San Bernardino was called to order
by Mayor wilcox, at 9:12 a.m., Monday, October 24, 1988,
in the Council Chambers of City Hall, 399 North "0"
Street, San Bernardino, California.
INVOCATION
The Invocation was given by Shelby Roberts, Assistant
. Pastor, Grace Temple Missionary Baptist Church.
PLEDGE OF ALLEGIANCE
The pledge of Allegiance was led by Council Member
Estrada.
ROLL CALL
Roll Call was taken by City Clerk Clark with the
following being present: Mayor Wilcox; council Members
Estrada, Reilly, Flores, Maudsley, Minor, pope-Ludlam; Sr.
Assistant City Attorney Barlow; City Clerk Clark, Acting
City Administrator Robbins. Absent: Council Member
Miller.
PUBLIC COMMENTS - DOUG HEFFNER - LAND USE DESIGNA-
TION _ 272 S. PICO - COUNCIL MINUTES OF MAY 18, 1988
Doug Heffner of Canoga Park, stated that he had
recently purchased property at 272 S. pico for development
purposes. He explained that when he had checked the zon-
ing map, it was zoned differently than when he had pur-
chased the property. (A)
,
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19/24/88
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Sr. Assistant City Attorney Barlow stated that this
matter is covered by Item #2 on the consent calendar and
should be discussed at that time.
Mr. Heffner continued with his explanation of a mis-
understanding that had occurred regarding the minutes of
the Council Meeting held on May 18, 1988, concerning the
zoning of his property. He stated that he had talked to
Council Member Flores regarding this matter and was told
that no environmental impact survey had been done, and
that the zoning had been designated as a result of aerial
photographs and parcel maps. Mr. Heffner stated he wants
the Light Industrial zoning for his property as set forth
in the printed minutes, rather than RS that is on the
parcel map in the Planning Department. He stated that he
had checked out tapes from the City Clerk's Office and
there were erasures in stategic parts of the tapes.
City Clerk clarified the previous statement by stat-
ing that the tapes were never in the City Clerk's Office,
but had been checked out of the Council Office.
Mr. Heffner distributed copies of documents relating
to his presentation.
Mr. Heffner stated that most of the property owners
and renters in the affected area prefer the zoning IL as
the Council Minutes state. He described the boundaries of
the property in question as being Rialto Avenue on the
north, Muscott on the west, Walnut on the south, and the
Flood Control Channel on' the east.
(See Item 2, page 10 for further action.)
PUBLIC COMMENTS - THE SWORD
A citizen, identifying himself as Roger, also known
as the Sword, Commander-in-Chief of the House of Ying
during the battle of Armegeddon, stated his true identify
is that of the Anti-Christ. (A)
PUBLIC COMMENTS - ROY CALVIN TAYLER - ZONING
Roy Calvin Tayler, 157& W. Walnut, stated he owns
several lots on Walnut, tWO of which go through to San
Marcos. He stated he would like to have them grand-
fathered back to Residential District, which was the zon-
ing designation when he purchased the property. (A)
Mayor Wilcox stated that later in the meeting a dis-
cussion will be held concerning the procedures by which
amendments can be made to the Interim Policy Document.
(See Item 22, page 27)
2
10/24/88
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5. Admissions Tax - Item continued to
November 14, 1988. The Committee requested
staff to research the legality of an enter-
tainment tax versus an admissions tax.
There was concern that some entertainment
functions which served the same role as
theaters would not be taxed. Staff will
review pre and post fiscal status of busi-
nesses taxed, how they are identified and
what role non-profits play in the process.
6. Storm Drain Fees - The Committee was
concerned that because fees have increased
from $79,299 to $149,499 since the district
was formed and only $79,299 was to be col-
lected for storm drain fees, the City of
San Bernardino might not be legal in using
the excess $79,299 without applying it to
the District. The Committee recommended
that the total amount be applied to storm
drain fees and asked that Colton bond coun-
sel and our attorney provide the legal
position of each entity - Colton, San Ber-
nardino and Forecast Corporation in this
joint venture.
Council Member Flores made a motion, seconded by
Council Member Minor and unanimously carried, that the
minutes of the Ways and Means Committee meeting held Octo-
ber 19, 1988, be received and filed.
CLAIMS AND PAYROLL
Pursuant to a memorandum dated October 3, 1988, from
Andrew Green, Director of Finance, Council Member Flores
made a motion, seconded by Council Member~Minor and unani-
mously carried, that the claims and payrolls, and the
authorization of the issuance of warrants listed by the
Director of Finance, be approved. (13)
.'
COUNCIL MEMBER POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned to the Council
Meetin and took her place at the Council Table.
COUNCIL MINUTES - MAY 18, 1988 - AMENDMENT ON
PAGE 17, LINE 41 - REGARDING IL LAND USE DESIGNATION
272 S. PICO (See Page 1)
During the Public Comments portion of the meeting,
Doug Heffner, owner of property located at 272 S. Pico,
stated there was a misunderstanding in the Council minutes
of May 18, 1988, regarding the intent of the Council on
19
19/24/88
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the land use designation of his property. The written
minutes reflected a different zone designation than indi-
cated on a map in the Planning Department. The portion of
the master tape regarding that matter had been erased, and
there was no other source to check Council discussion at
said meeting. (2)
Sr. Assistant City Attorney Barlow suggested that a
public hearing be set to discuss this issue, and the
property owners be properly notified. The issue is raised
because of the difference in opinion of what actually
occurred at the meeting of May. 18, 1988, with no means to
check the facts. The master tape had been loaned to the
Planning Department, and was returned to the Council of-
fice with a portion of the tape erased.
It was pointed out that the erasure of a
has serious implications, and in the future,
tape will be loaned from the Council Office.
will be released.
master tape
no master
Only copies
City Clerk Clark answered questions, stating that her
shorthand notes from the meeting in questions are avail-
able. She stated that there was a great deal of confusion
in the meeting of May 18~ 1988, during the discussion of
the item, but with the tape missing, there is no way to
verify her notes.
Council Member Reilly made a motion, seconded by
Council Member Flores and unanimously carried, that this
item be continued for a public hearing to be held Monday,
November 21, 1988, at 2:fiHiJ p.m., in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, Cali-
fornia, to consider the designation of the property RS,
and that all propert owners in the area be notified.
PROPOSED VACATION - PORTION OF "J" STREET, NORTH
OF OAK STREET - AUTHORIZATION TO PROCEED AND PLAN
APPROVAL
In a memorandum dated September 30, 1988, Roger Hard-
grave, Director of Public Works/City Engineer, explained
that a request had been received to vacate a portion of
nJ" Street, north of Oak Street, from a property owner
adjoining the proposed area to the east. The property to
the west is owned by the San Bernardino City School Dis-
trict, who is in agreement with the proposed vacation. The
property on the north is owned by the County Flood Control
District. The District will be contacted through the
investigative proceedings for concurrence. (11)
11
10/24/88
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RECESS MEETING - REDEVELOPMENT AGENCY WORKSHOP
At 12:07 p.m., Council Member Miller made a motion,
seconded by Council Member Reilly and unanimously carried,
that the meeting be recessed to the RDA Board Room for a
Community Development/Redevelopment Agency presentation by
Janss Corporation of a development concept in the downtown
area between Court and 4th Streets and between "0" and "E"
Streets.
RECONVENE MEETING
At 2:91 p.m., the Regular Meeting of the Mayor and
Common Council reconvened in the Council Chambers of City
Hall, 399 North "0" Street, San Bernardino, California.
ROLL CALL
Roll Call was taken by the City Clerk with the
following being present: Mayor Wilcox; Council Members
Estrada, Reilly; Flores, Maudsley, Minor, Pope-Ludlam,
Miller; Deputy City Attorney Empeno, City Clerk Clarx,
Acting City Administrator Robbins. Absent: None.
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PUBLIC HEARING - COUNCIL MINUTES OF MAY 18, 1988,
REGARDING IL LAND USE DESIGNATION - 272 S. PICO -
DOUG HEFFNER.
This is the time and place set for a-public hearing to
reconsider an item in the minutes of the Council Heeting
of May 18, 1988, regarding an IL Land Use Designation of
property located at 272 S. Pico. (The property is bounded
by Rialto Avenue on the north, Muscott on the west, Walnut
on the south, and the Flood Control Channel on the east.
The reconsideration was requested by Doug Heffner, owner
of the property at 272 S. Pico. (61)
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Mayor Wilcox opened the hearing.
The appeal by Mr. Heffner is based on a difference in
the land use designation as set forth in the Council
Minutes of May 18, 1988, and what was indicated on a map
in the Planning Department as a result of that meeting.
Shauna Clark answered questions, stating that the
surrounding property owners had not been notified of this
hearing, and the only protest received was from the
developer, Mr. Heffner.
Deputy City Attorney Empeno stated he understood there
is an issue regarding notices regarding this hearing, and
if the Council would like to continue the item for it to
be properly noticed, it would be appropriate.
Michael Loehr, Interim Planning Director, explained
the background of this appeal, and requested that the
- 29 -
11/21/88
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hearing be continued to December 19, 1988, so that
notification can be given to adjacent property owners.
Doug Heffner, owner of property located
Pico, stated he had made arrangements to be out
December 19, 1988, and could not appear on that
at 272 s.
of town on
date.
Mr. Heffner read his letter dated November 15, 1988,
addressed to the Mayor regarding confirmation of this
meeting date for his appeal hearing. He stated that in
response to that letter, he received a telephone call from
a secretary telling him that the hearing would be delayed
until December 19, 1988.
Mr. Heffner stated that the property in question had
been in an industrial use designation for 22 years, and
questioned why residential sewers were installed.
Mr. Heffner stated he was having difficulty in getting
answers to his questions and complained that the portion
of the tape of the Council Meeting of May 18, 1988, that
dealt with the land use designation of his property, as
obtained in the City Clerk's Office had been erased.
City Clerk Clark stated that the Council Meeting of
May 18, 1988, had been video taped and suggested that
reviewing the tape would provide an answer to Mr.
Heffner's question regarding land use designation.
Ms. Clark also explained that Mr. Heffner had done
research in her office regarding sewers, and that the
Council Meeting tapes of May 18, 1988, had never been in
her office.
A discussion ensued regarding proper notification and
the properties to be included in the notification.
Deputy City Attorney Empeno stated that he didn't
think State Law required notice in this instance because
the issue is really approval of Council minutes, but he
felt it would be in the best interest of the City to send
notices as would be required for other hearings.
Mr. Heffner described the natural boundaries of the
properties surrounding his property, and stated he would
like for everyone in that area to be notified.
City Clerk Clark suggested that all those people whose
property would be affected by the Council action to change
the designation from industrial to residential, be
noti tied.
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11/21/88
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council Member Reilly made a motion, seconded by
Council Member Flores and unanimously carried, that
notices of the hearing be sent to all property owners on
property bounded by Rialto Avenue on the north; Walnut
Street on the south, including property on the south side
of Walnut; and the railroad tracks on the east and west;
and that said appeal hearing be continued to January 17,
1989, at 2:00 p.m., in the Council Chambers of City Hall,
300 North "0" Street, San Bernardino, California.
Steve Gold, 1167 Angelo Dr., Beverly Hills,
California, a partner of Mr. Heffner described the
difficulties he had experienced in obtaining information I
from the Redevelopment Agency regarding an environmental
impact survey negative declaration, and other
information. I
City Attorney Penman requested that the video tape
mentioned earlier in the discussion be delivered forthwith
to the City Clerk's Office.
Mayor Wilcox apologized to Mr. Heffner for the delays
and inconvenience he had experienced.
------..,~.-~. ----....._......'~. .....--.'.
COUNCIL MEMBER POpE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council Meeting.
APPEAL - DENIAL OF REVIEW OF PLANS NO. 88-60 -
MULTI-TENANT RETAIL BUILDING - NORTHEAST CORNER
OF WATERMAN AND HOSPITALITY LANE - M. S.
PARTNERSHIP - CONTINUED FROM OCTOBER 24, 1988
This is the time and place continued to for
consideration of an appeal filed by Michael Palmer &
Associates, representing M. S. Partnership on the Planning
Commission's denial of . Review of Plans No. 88-69, for
construction of a multi-tenant retail building. The
property is located at the northeast corner of Waterman
Avenue and Hospitality Lane. (62)
Michael Loehr, Interim Planning Director, answered
questions, and recommended that this item be continued to
December 19, 1988, as the meeting with the Flood Control
District had not yet been established.
Council Member Estrada made a motion, seconded by
Council Member Reilly and unanimously carried, that the
appeal hearing regarding denial of Review of Plans No.
88-60, be continued to Monday, December 19, 1988, at 2:88
p.m., in the Council Chambers of City Hall, 309 North "0.
Street, San Bernardino, California.
Deputy City Attorney Empeno asked whether or not the
applicant is in agreement with the continuance.
- 31 - 11/21/88
"CI~Y OF SAN BERNQ.DINO - REQUEST ~ COUNCIL ACTIJ~
'From:
Council Member Flores
Subject: Council Minutes of May 18, 1988 -
Amendment
Dept: Council Office
Date: October 14, 1988
Synopsis of Previous Council action:
Council meeting held May 18,1988.
Recommended motion:
1. That the approval of the minutes of the Council meeting
of May 18, 1988, be reconsidered.
2. That the minutes of the Council meeting of May 18, 1988, be
amended on line 41, page 17 by deleting the following: "and
that the rest of the area be designated IL except as follows:".
~..~~'<~=~ ~~,~\.\J~-~
Slgn~e '
Contact penon:
Phil Arvizo
Phone:
384-5208
Supporting dele eUached:
Yes
Ward:
1
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Note.:
A ___....1_ 1,,__ "1_
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Kayor Wilcox
'-'
questioned this recommendation.
The Planning Director explained her recommendation
which is based on the mix of light industrial and heavy
cOllllllercial users in the area. The area is so mixed it is
a difficult area to label. The only alternative to this
is to designate the .ntire area MO.
The Council expressed concerns about having such a
large area designated MU.
The Planning Director suggeated taking the MO down
the frontages and deSignating the balance IL.
After discussion, Council Member Estrada made a
motion, seconded by Council Member' Reilly and unanimoualy
c.:lrried,'..o ~&si':lnat. hu Cilod'i/ t.betrulIl-ag"li (b,,~h lIide. i
of Sierra Way and Arrowhead Avenue, between Rialto Avenue
and Mill Street and the balance of that area north of Mill
(above the heavy commercial on Mill) is to remain IL. The
MU includes IL, CG, and CH.
FLOOD CONTROL PROPERTY NEAR AUTO PLAZA
(Area 2)
Council Member Flores made a motion, seconded by
Council Member Reilly and unanimously carried, that the
Flood - Control District property adjacent to the auto
center (near Orange Show Road) be designated CG if there
are no significant environmental impacts. -
KING STREET, GIOVANOLA STREET, "K" STREET
Council Member F.lores made a motion, seconded by
Council Member Reilly and unanimously carried, that the
little finger of land which is designated IL be cut off to
make a straight line and the little finger north of the
alley be designated CG like the rest of the area and south
of the alley be designated RS.
SOUTH OF RIALTO AVENUE; .BO~bERED BY FLOOD
CONTROL CHANNEL ON FAST AND RAILROAD TRACKS
ON WEST - MOBILE HOME PARK, BELLEVIEW AND
CONGRESS - RU
Council Member Flores made a motion, seconded by
Council Member Reilly and unanimously carried, that the
portion that is south of Rialto Avenue bordered by a flood
control channel on the east and the railroad tracks on the
west, south to Walnut, remain IH for the wrecking yard on q-~s
Walnut, and that. the rest of the area. be designated -Hi" / L
except as follows: east from the wreCking yard, designate
the existing mobile home park RU.aall ths liI.lal.". vi the
---exilti.1l9 r6c.i.den1:1al .t<::i (near B.l1..1fIiaw arul eo",~I....
j;t....t. ) .
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5/18/88
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CIT
ERN ARDIN 0 300 NORTH "0" STREET. SAN BERNARDINO. CALIFORNIA 9241B
JESS FLORES
Councilmln. Third Ward
(714) 383-6333
October 17, 1988
Mr. Doug Heffner
20234 Cantara Street, #243
Canoga Park, CA 91306
Dear Mr. Heffner:
I have reviewed the tape recording of the Council Meeting
of May 18, 1988 with the City Clerk and the Principal Planner
and find that the Preferred Land Use Alternative Map is correct-
ly drawn as per the motion made. We found a discrepancy in the
official written minutes of that meeting regarding'my motion.
The City Clerk will make the necessary correction and place it
on the Council agenda for formal action. Based on my review,
your parcel is designated RS (Residential Suburban) which permits
from 3.1 to 4.5 dwelling units per net acre.
You may request an amendment by applying for it now at a
cost of approximately $820, or you may wait until the Council
reviews the General Plan in May and request an amendment at that
time at no cost.
If you have any other questions, please feel free to call me
or Mr. Phil Arvizo in the Council Office at (714) 384-5188.
Sincerely,
JESS FLORES
Councilman, Third Ward
JF: jv
cc:
Shauna Clark, City Clerk
Vincent Bautista, Principal
Planne.r,
to: 11 8l JlII &e:
IU131~ AlI::l-03Al33i11
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Mr. Doug Heffner
20234 Cantara Street, #243
Canoga Park, CA 91306
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October 10, 1988
Mr. Jess Flores
Councilman, Third Ward
300 N. "D" Street
San Bernardino, CA 92418
Dear Mr. Flores:
Last Thursday, October 6th, I met with you to question the
slated zoning of my property under your Interim Policy
Document. My property, located at 272 So. pico Street, wa\>
affected by your council meeting held on May 18, 1988. You
will notice enclosure #1 is a copy of page 17 of the minutes
of that meeting. Enclosure #2 is a map of the affected area.
The shaded areas that completely surround my property
r~present uses hostile to the R-S zoning that is currently on
record in your Planning/Zoning Department.
I need to know if this R-S zoning is a result of an incorrect
interpretation of the council's mandate by the staff (similar
to that documented on page 12 of the same minutes concerning
Mr. Mlynarski), or if I am operating under. some
misinformation.
I would appreciate your prompt attention to this matter, so
that I will have time to prepare for my subsequent course of
action before your council meeting scheduled for October 24,
1988. .
Sincerely,
~ ~t--
Doug Heffner
DH:dr
Ene.
Subject: ........
Attorney:
File:
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The undersigned property owners who are and will be affected by any
zoning changes by this city council in respect to that area descl'ibed
below,wish and demand that the area remain zoned exactly as passed by
the city council 5-18-88. And that the approved map on file in the
planning-zoning department,be corrected immediately.
'.
THAT THE PORTION THAT IS SOUTH OF RIALTO AVENUE BORDERED BY A FLOOD
CONTROL CHANNEL ON THE EAST AND THE RAILROAD TRACKS ON THE WEST,SOUTH TO
WALNUT,REMAIN I.H. FOR THE WRECKING YARD ON WALNUT,AND THAT THE REST OF
THE AREA BE DESIGNATED I.L. EXCEPT AS FOLLOWS; EAST FROM WRECKING
YARD,DESIGNATED THE EXISTING MOBILE HOME PARK R.U. AND THE BALANCE OF
THE EXISTING RESIDENTIAL R.S. ( NEAR BELLEVIEW AND CONGRESS STREETS).
AL-NE." BALD(Rc;
NAME (PRINT)
/Io~?' I(JO."'u)ool) .s !3-__
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The undersigned renter's who are and will be affected by any zoning changes
by this city council in respect to that area described below, wish and demand
that the area remain exactly as passed by the city council 5-18-88. And that
the ..p on file in the planning-zoning department be corrected immediately.
"'l'IIAT m PORTION THAT IS SOU'llI OF RIALTO AVENUE BORDERED BY A FLOOD CONTROL
CBAHHEL ON THE EAST AND m RAILROAD TRACKS ON THE WEST, SOU'llI TO WALNUT REHAIN
LB. FOR m WRECKING YARD ON WALNUT,AND THE REST OF THE AREA BE DESIGNATED
I.L. EXCEPT AS FOLImS;EAST FR~ THE WRECKING YARD,DESIGNATED THE EXISTING
K>BILE ~ PARI R.U. AND THE BALANCE OF TIlE EXISTING RESIDENTIAL R.S.
(NEAR BELLEVIEW AND CONGRESS STREETS)."
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ADDRESS
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The undersigned renter's who are and will be sffected by any zoning changes
by this city council in respect to that area described below,wish and demand
that the area remain exactly as passed by the city council 5-18-88. And that
the ..p OD file in the planning~zoning department be corrected t..ediately.
"THAT THE PORTION 'mAT IS SOU'nI OF RIALTO AVENUE BORDERED BY A FLOOD CONTROL
CHANNEL ON THE EAST AND THE RAILROAD TRACKS ON THE WEST, SOU'nI TO WALNUT REMAIN
I.H. FOR THE WRECIING YARD ON WALNUT,AND THE REST OF THE AREA BE DESIGNATED
I.L. EXCEPI' AS FOLImS;EAST FROM THE WRECIING YARD,DESIGNATED TIlE EXISTING
MOBILE IDm PARIR.U. AND THE BALANCE OF TIlE EXISTING RESIDENTIAL R.S.
(HEAR BELLEVIEW AND CONGRESS ) . "
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CITY COUNCIL
5-18-88
"call for the question"
----ERASURE--------------------------------------
"Just take that portion that is currently being used - this is, this is
south of Rialto Ave. bordered by a P.F.C. which is a flood control channel
and south to Walnut."
"There's one area ---------Erasure-----------------------------------
--------------------------------------------------------------------------
"Well it's there now."
"It borders the choo choo train tracks, Mayor"
"It's not exactly the."
"Now north of that."
"Well, Mayor you've got to have a wrecking yard some place, I mean what
better place to put a wrecking yard than next to railroad tracks. -------
----------------------------Erasure------------------------------------
"There's a mobile home park."
"1600 block of west Walnut. ".
"Which should be included in there."
"What I'd like to do, the rest of the probably mixed use as R.S. and a the
rest of that area south of Rialto down to Walnut just excluding the
wrecking yard. Have that as mixed use, something that would allow the
mobile home park and, and the residential show R.S."-------------
"We did those the first time we passed through here."
"Yes, heavy industrial"
"We didn't take into consideration what was there as well as, as that the
City put in 500, $500,000 of sewers for that area, ah in consideration of
residential homes."
"Is that El Rancho mobile home park, oh Rancho mobile home".
"I don't remember."
"Why don't you just give that the resig, residential designations, make
the mobile that exists R.U. and the balance R.S."
"Okay, "
"You got the area?"
"He's talking about Belleview and Congress, and Muscott Streets as
residential"
"Yes, uhf ah, right,"
"Down to Walnut."
"Okay the other area is goinH farther west,"
"Did we take a vote on that?
"We didn't take a vote. I'd like that as a motion,"
"Okay, um, you have two urn. we have a place to catch up because you've
Hot two motions in there because you started talking about the"
wrecking yard."
"Rialto bordered by the public flood control channel, and then you moved
on to the other one, So do you want to make both of them?"
. .
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"Rial to, okay, Ria1to Ave. south bordered"
"I, I've got all that"
"By a flood control channel on the east by the railroad tracks on the west
south to Walnut, all that area which is right now classified as heavy
industrial. I'd like top just, just, what was that designation?"
"You wanted to leave it heavy industrial unless they can clarify the
Grandfather clause." "That's the way I did it."
"Just, just that the, just where the wrecking yard is at."
"You want the wrecking yard to be heavy industrial?"
"Yeah to 1 eave it as it is, yes and the rest of it is what?" "What was
that designation that you?"
"And just east of that from the wrecking yard."
"Well no no."
"There's a mobile home park, I'm going on to your next motion."
"Okay. "
"Just east of that from the mobile home park there's a wrecking yard."
"No, no, east of the wrecking yard is a mobile home park..
"I'm tired."
~Yes, I am too."
"And you want to, and what you want to do."
"No, I think, I think that Ann suggested something."
"Right she's going, she recommended the R.U. for the mobile home park and
the balance be designated R.S. so that will preserve the existing uses in
the area."
NOh, ri ght."
"And those are your two motions"
"Those are ~ two motions, yes."
"Will it be classified where it is?"
"Isn't there two wrecking yards?"
"There's one up here, it's a big one."
"Jess, when the Elliot block and all those folks went before us I thought
we made all these changes."
"No, no, that's not there."
"Well it's out further."
"Yes, that's farther east, west, and I've got some comments on that too."
"Way west."
"That's farther. west, that I s west of Rancho."
"We're in area four now."
"Yes, yes, but we had, I think, I think we took, I think we did."
"You've made a motion and there are not enough votes, does everybody?"
.Sorry call for the question?"
"Was there a second?"
"Yeah"
"I second it."
.Okay, I heard one,"
"Call for the question?, Good."
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--
SECTION I
G. CONTRACT
'-"
THIS AGREEMENT, made this
day of
. 19~~_,
by and between the City of San Bernardino. herein called "Owner," acting herein
through its City Engineer, and
Mer//rl
STRIKE OUT
INAPPLICABLE
TERMS
JOhnson Conslrvcn C fi
-(, '8F'Ilel'atien) (a par-tRel'3hill)
(an individual doing business as /11,..,./;" Jnh"'j('JJ?
Con5frL'c..+~con
County of SAN 8E~N'ARDINO
, herei nafter called "Contractor."
of P". Bo~ 777. Menl-one
.
CAU,r'ORMA
and State of
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR
hereby agrees with the OWNER to commence and complete the construction described
as follows:
THE CONSTRUCTION OF SANITARY SEWERS AND APPURTENANT FACILITIES
IN PORTIONS OF WALNUT STREET, MUSCOTT STREET. RIALTO AVENUE,
BELLEVIEW STREET, CONGRESS STREET AND PICO AVENUE
S/F'III!FNrY FtwlC TNotJSAND
hereinafter called the project, for the sum of 0". "'VIIOIlIO ",,,..-.yON; & Jr.<- Dollars
($ 74,'+'.30 ) and all extra work in connection therewith, under the terms as
stated in the General and Special Conditions of the Contract; and at his (its
or their) Own proper cost and expense to furnish all the materials, supolies,
machinery, equipment, tools; superintendence, labor, insurance. and other access-
ories and services necessary to complete the said project in accordance with the
.conditions and prices stated in the Proposal, the General Conditions, Suop1e~enta1
General Conditions and Special Conditions of the Contract, the plans, which include
all maps, plats, blue prints and other drawings and printed or written explanatory
matter thereof, the specifications and contract documents therefor as prepared
by the City of San Bernardino, herein entitled the Engineer, and as enumerated
1n Paragraph 1 of the Supplemental General Conditions, all of which are made a
part thereof and collectively evidence and constitute the contract.
The Contractor hereby agrees to commence work under this contract on or
before a date to be specified in a written "Notice to Proceed" of the Owner and
to fully complete the project within 40 working days thereafter. The Contractor
further agrees to pay, as liquidated damages, the sum of $150.00 for each
consecutive calendar day thereafter as hereinafter provided in Paragraph 19 of
the General Conditions of the Contract, and to make payments on account thereof
as provided in Paragraph 25, "Payments to Contractor" of the General Conditions.
ITEM QUANT ITY
,'....
\.....< REVIS[O BIO_.ID!.~I!TJTlES ~j
: PER CflANGE OROER NO. 1
----Pfan--N-o. --6"f5(i" --
DESCRIPTION OF ITEMS WITH UNIT
UNIT PR)_CE \~f!ITTEN_.LN__I!.ORDS ___~_R)_C[
UNIT
1.
1
L.S.
Shoring of Excavation for a
1 ump sum pri ce of ~j/'''
~{'Juc;;?nd ;;L
NO/loo
,
L.S.
TOT AL
P
8.oo~ . ~(
,
-------------
2.
950
Tons
Imported Backfill Ordered by
the Ergineer at /=i;"p_
;;l'nd NO/'(j("J
,
#5,00
per ton.
~
4; 75(), ~G
3.
63.9
Tons
Restoration of Asphalt Concrete
Pavement (2t" thick) at II
~;Ff:tf ..znd NI'I/UM 5~~
per ton.
4.
117.9
Tons
Restoration of Asphalt Concrete ~
Pavement (3" thick) at 71""
~/F f!J cz..w,! J.ff}/IOO - 50 .pO
per ton.
~
'3JI95.oc
t
6;895.(
1746
5.
Lin.Ft. 6" Se~ler in Pavement in place JJ.
at N;n~ ;?Y'I d 8!jhJJt:J "tf 9.l6-
per 1 in. ft.
~
I /~ /98./t
6.
Lin.Ft. 8" Sewer in pavement in place Jt
at ~ /~vP1'J ;:l n d 'T1 5
~'}lloo //.~
_per 1in. ft.
1740
/9,227. /;
-------. -------
. ;.. ~. " REVISro BID QUANTLTlES ,)
........,
PER CHANGE ORDER NO. 1
P1antio:-li-fs"o' -
DESCRIPTION OF ITEMS WITH UNIT
ITnl QUANTITY UNIT UNIT PIlICE WRITTEN IN WORDS PRICE TOTAL
7. 652 Lin.Ft. 10" Sewer in pavement in place ~/4 .3~ if . r
at Frlur fee.n ;? nr/
3~//t,)(,) ~ 356.t
per 1in. ft.
8.
13
Each
Manholes comD1ete in place at Jl ~
N/np.. J../und /,:,od '1T
J:/F/-t'?,o'(L B.:yu1 ),/'" /~~O 9/5.!!-~ j ~895.tJ(
t
each.
9.
1
Each
Manhole ~lodification complete l!.
in place at . f1' DO
~~~ Hundr,o n' ~"""~ /50 --
..::r.V\~ ~t) / I ,.,
I each.
#/5/),/)[
10.
1
Each
C1eanout complete in place at .J.J
~ou,.. M/ndr~d 'f' 1.1"1L:"~
~v_Y')tr ~'V"" ~(V
;::? J?r/ A'C>/-'l""
each.
#47.f~l
4!
TOTAL I 74) /4/. 30
NOTE: The uni t pri ce OIUS t be wri tten in words
and also shown in figures. The total
price must be extended for each item of
work and the total of all items inserted
in the space provided.
.. . .
IN WITNESS WHEREOF, the parties to these presents have executed this contract
our (4) counterparts, each of which shall be deemed an original. 1n the year and
first above mentioned.
City of San Bernardino
(Owner)
.
7~ U;;) n)O~ &j}.
Contractor
Secretary
,
O~kr-
(Title)
ta J"- 777
. ~'~ c , ('.,.. ~???1
dress-"!nd Zip Code
ecretary of the Owner should attest. If Contractor is a corporation.
Secretary should attest.
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