Loading...
HomeMy WebLinkAbout35B-Council Office Counci ember Hernandez e a motion, seconded by Council Member Estrada and unanimvusly carried, that the maintenance contract between Gibson Bros., the Central City Mall and the City, be continued to the Adjourned Regular Meeting of the Mayor and Common Council to be held December 8. 1986. in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino; that staff be di rected to present a final resol ution in wr i ting. stating what each side will agree upon. NEW FIRE STATION - TRI-CITY CORPORATE COMPLEX _ STATUS REPORT In a memorandum dated November 5, 1986, City Engineer Hardgrave provided an Engineer's Report on the use of assessment district funds to construct a new fire station in the Tri-City Corporate Complex, and stated that based upon present estimates, the project is currently $165,000 over budget. (42) Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the stat.us report on construction of a new fire station in the Tri-City corporate complex be referred to the Ways and Means Committee for a recommendation on the overrun in estimated construction costs. STUBBLEFIELD ENTERPRISES - MOUNTAIN SHADOWS VILLAS - DISCUSSION RE EXTENSION OF TIME ON GRANDFATHER CLAUSE - NEW R-3 ORDINANCE CONTINUED FROM EARLIER IN MEETING The Mayor and Common Council discussed an ordinance on the Council Agenda granting an extension of time on the grandfather clause concerning the Mountain Shadows Villas project by Stubblefield Enterprises. (See p&ge42) (48) ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING THE EFFECTIVE DATE OF FINAL APPROVAL OF PLANS FOR PROJECTS PERTAINING TO MULTIPLE-FAMILY DEVELOPMENTS APPEALED TO THE PLANNING COMMISSION AND THEN TO THE MAYOR AND COMMON COUNCIL; AND DECLARING THE URGENCY THEREOF. On November 17, 1986. the Mayor and Common Council closed the hearing on the appeal of the Planning Commis- sion's decision to issue a Negative Declaration for the Mountain Shadows Villas located between the northern ter- minus of La Praix Avenue and Citrus Street, and ordered the preparation of a focused environmental impact report. On November 7, 1986, by Council action, Stubblefield Enterprises was granted an extension of two weeks to get their application before the Development Review Committee in order to meet the grand fathering provisions under the transition ordinance for the new R-3 standards. The ordinance on the agenda finalizes the action of November 7, 1986. The Mayor and Council debated as to whether or not the grandfathering of the project should be discussed at this time. On November 17, 1986, a number of Council Members had agreed that if any further discussions on the Stubblefield Mountain Shadows Villas project was held, that the public would be notified. 50 11/17/86 ;:.. $~. The Mayor ~nd Council discusseu the three-story is- sue. Under the existing R-3 ordinance, three story units are acceptable. But, they are not acceptable under the new ordinance, which will become effective in December 198b. The Mayor and Council also discussed the environ- mental review process and the use of this process to look at the three story issue. Arnold Stubblefield pointed out that all projects over 24 units are required to obtain a conditional use permit, so if their project is not grandfathered, they will have to start back at the beginning of the process. Frank Schuma, Planning Director, answered questions regarding the EIR process and the ability of the Mayor and Common Council to override the findings in the consul- tant's report by way of a statement of overriding consi- derations. Council Member Ouiel made a motion, seconded by Council Member Strickler, that with regard to the Stub- blefield project and their proposed three story units, which would require a conditional use permit under the new ordinance, if in fact the EIR study comes back and indi- cates that those three story units will not have a signif- icant impact on the surrounding community, that we will accept that and allow for the development of three-story units; this will allow for an independent analysis with respect to the three-story. The Mayor and Common Council discussed the motion. Arnold Stubblefield expressed his concern that the Council was singling out this project to impose the stric- ter standards. After further discussion, Council Members Ouiel and Strickler withdrew their motion. COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council Meeting. Council Member Ouiel made a substitute motion, seconded by Council Member Marks and unanimously carried, that this matter be referred to the legislative Review Committee and continued to the Adjourned Regular Meeting of the Mayor and Common Council to be held at 2:00 p.m., Monday, December 8, 1986, in the Council Chambers of City Hall, 300 North ND" Street, San Bernardino. COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council Meet- ing and took her place at the Council Table. COUNCIL MEMBER FRAZIER EXCUSED Council Member Frazier left the Council Meeting. APPROVAl - CHANGE ORDER NO. ONE - CONTRACT VAlLEY CREST LANDSCAPING, INC. - SBCCOMBE LAKE STATE URBAN RECREATION AREA In a memorandum dated November 12, 1986, City Engi- neer Hardgrave stated that during work on the old Adobe Building in the Seccombe Lake State Urban Recreation Area, portions of the north and east walls collapeed, and that a potential liability was created. Authority neede to be given to the Valley Crest Landscaping, Inc., the contrac- tor, to proceed with the demolition in order to abate any possible liability exposure. (S-l) 51 11/17/86 ~ .....,.... // / ,,~../ / l \1 :1 'I! ii 1,:{ ..~~ 'J ,) 'II JI ,!.t '! ~ / / of the city; which is presently being done by a full~time employee. He stated that a part~time employee may be needed also. John Kramer; Recreation Superintendent; Parks; Recre~ ation ~ Community Services; answered questions regarding hours worked by maintenance personnel at Fiscalini Field; and stated that money is in the budget for this service. John Kramer; Recreation Superintendent; parks; Recre~ ation ~ community Services; answered questions regarding the use of Fiscalini Field by other organizations; stating that the Civitan program had made arrangements to use Aquinas facilities; which is advantageous to both enti~ ties. Roy Englebrecht; a minority owner of San Bernardino Baseball Club; Inc.; stated that the negotiations by City representatives were conducted in a very professional manner and worked to protect the City's interest; He explained that a delay in proceeding could be very detri~ mental to the Baseball Club; and urged the Council to approve the matter in concept. He stated that the owners of the Baseball Club would be available on Monday; Decem~ ber 15, 1986; if elis matter is considered at that time. I Council Member Marks made a motion; seconded by Council Member Reilly and unanimously carried; that the proposed lease between the City and San Bernardino Base~ ball Club; Inc.; be referred to the Ways and Means Co~nit~ tee meeting to be held on Saturday; December 13; 1986; and continued to Monday; December 15; 1936. COUNCIL MEMBERS QUIEL AND STRICKLER EXCUSED council Member.s Quiel and strickler left the Council Meeting. STUBBIEFIgLD ENTERPRISES ~ MOUNTAIN SHADOWS VILLAS ~ EXTENSION OF TIME ~ GRANDFATHER CLAUSE - R~3 ORDINANCE ~ CONTINUED FROM NOVEMBER 17; 1986 This is the time and place continued to for consider~ ation of the extension of time on the Grandfather Clause relating to the R-3 Ordinance for Stubblefield Enter~ prises, Mountain Shadows Villas Project. (55) t Council Member Reilly made a motion, seconded by Council Member Estrada and unanimously carried; that the matter of the extension of time for the Grandfather Clause for the Stubblefield Enterprises' Mountain Shadows Villas be continued to Monday; December 22; 1986; in the Council Chambers of City Hall, 300 North "0" Street; San Bernar- dino; California. APPOINTMENT - EQUAL EMPLO~1ENT OPPORTUNITY COMMITTEE - PATRICIA COOK Pursuant to a memorandum dated December 3; 1986; from Mayor Wilcox, Council Member Hernandez made a motion; seconded by council Member Marks and unanimously carried; to approve the appointment of Ms. Patricia Cook; Bank Manager of Pacific Savings Bank, to the San Bernardino Equal Employment opportunity Committee (EEOC). Her home address is 1677 W. Gilbert St., San Bernardino; CA 92411. (New Business) COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - ADJOURNED REGULAR MEETING The Adjourned Regular Meeting of the Community Devel~ opment Commission/Redevelopment Agency was called to order by Chairperson Wilcox in the Council Chambers of city Hall, 300 North "0" street; San Bernardino; California. 9 12/9/96 ate manner. He stated that there had not been a written appeal and the oral appeal given at a Council meeting could not be located on the tape or in the typed minutes. Mr. Holcomb referred to Chapter 2.64 of the San Bernardino Municipal Code which sets forth provisions for Appeals to the Common Council and stressed that the City's integrity demands that the Council follow the laws of this City. Mr. Holcomb suggested that if the time limit for appeals of 15 days was not adhered to, property owners could go back and review every Review of Plans that has been made in the past year and appeal. He urged the Council to uphold the decision of the Planning Commission that found the appeal was not submitted in a timely and appropriate manner. Mr. Harry Stiel, a property owner near the proposed development, spoke of the high crime rate in the area and indicated his disapproval of the proposed apartments, and his preference for another type of development that would upgrade the area. Planning Director Schuma answered questions, stating that he did remember Council Member Hernandez' oral appeal at Council meetings on August 18, 1986 and September 9, 1986, but did not act on it due to an oversight. Jess Vasquez, 866 W. Louise, Colton, a resident in the area adjacent to the proposed development, spoke in opposition to the proposed apartments, as his property would be totally impacted, and there is already much crime in the area. City Attorney Prince answered questions regarding liability to the City if citizens are given the right to appeal on past developments, stating that there would be no liability if the attorney's legal advice is followed. Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the appeal of Review of Plans No. 86-48 which was made by Council Member Hernandez on behalf of his constituents was found to be timely and valid. City Attorney Prince answered questions, stating it was his opinion that the appeal should be heard before the Planning Commission rather than the Common Council. Planning Director Schuma answered questions regarding the date of the next Planning Commission meeting and stated that there is sufficient time to prepare notice to surrounding property owners and to the newspaper for a hearing at the Planning Commission on January 6, 1987. Council Member Strickler made a motion, seconded by Council Member Reilly and unanimously carried, that the appeal of Review of Plans No. 86-48 be referred back to the Planning Commission for hearing. STUBBLEFIELD ENTERPRISES - MOUNTAIN SHADOWS VILLAS - EXTENSION OF TIME - GRANDFATHER CLAUSE - R-3 ORDINANCE - CONTINUED FROM DECEMBER 8, 1986 This is the time and place continued to for consider- ation of the extension of time on the Grandfather Clause relating to the R-3 Ordinance for Stubblefield Enter- prises, Mountain Shadows Villas Project. (37) Planning Director Schuma requested that this item be continued. 18 12/22/86 It was pointed out that the reason for the contin- uance was that the Attorney for the Stubblefield Enter- prises could not be present at today's meeting. Council Member Strickler made a motion, seconded by Council Member Estrada and unanimously carried, that the matter of the extension of time for the Grandfather Clause for the Stubblefield Enterprises' Mountain Shadows Villas be continued to Monday, February 2, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernar- dino, California. FESTIVAL OF LIGHTS AROUND THE WORLD Mayor Wilcox stated there would be a Festival of Lights Around the World at Sturges Auditorium, Eight and "E" Streets, San Bernardino, at 7:00 p.m., this evening and invited all to attend. APPEAL - CONDITIONAL USE PERMIT NO. 84-47 _ 847 W. HIGHLAND AVENUE - SNACK SHOP - EXPANDED SERVICE AREA - REPLACEMENT OF DISPENSING PUMPS _ EXISTING SERVICE STATION - IBRAHIM ABUJUDEH This is the time and place set for an appeal filed by Ibrahim Abujudeh, through Attorney W. R. Holcomb, on the Planning Commission's decision of revocation of Condi- tional Use Permit No. 84-47, based on non-compliance with conditions of approval. The owner of the property located at 847 W. Highland Avenue is Mobil Oil Corporation. (38) Council Member Quiel stated he would abstain on this matter due to a possible conflict of interest, as he had done work for Mobil Oil Corporation for the past 25 years. Planning Director Schuma explained that the issue in question is lighting and landscaping on a piece of prop- erty south of the service station and separated by a wall, but is a part of the property involved. Mr. Schuma stated that Mr. Abujudeh, lessee, had been working with staff trying to resolve the complaints by adjoining property owners on the lack of proper maintenance on the property and most of the issues had been resolved to some degree of satisfaction. W. R. Holcomb, Attorney representing the appellant, Mr. Abujudeh, explained that there was a misunderstanding about the revocation, as most of the violations of condi- tions involve property that is not part of Mr. Abujudeh's lease, but is owned by Mobil Oil Corporation. Mr. Holcomb stated that Mr. Abujudah's lease stops at the wall north of 21st Street. Mr. Holcomb explained that neighbors had complained that the property in question had not been properly maintained by Mobil and was used by transients and high school students for loitering and partying. Mr. Holcomb stated that all correspondence regarding these conditions had been addressed to Mobil Oil Corpora- tion, not his client. Planning Director Schuma answered questions, stating that Mobil was the party they had been dealing with. Allen Gresham, Attorney representing Mobil Oil Cor- poration, disagreed with previous remarks, stating that the lease between Mobil Oil Corporation and Mr. Abujudeh included the property in question which is south of the wall, and Mr. Abujudeh, as lessee, is responsible for that property, as well as the main section of the property. Mr. Gresham stated that Mobil had, in the past, mowed the grass in that section south of the wall as an accommoda- 19 12/22/86