HomeMy WebLinkAbout020591_CCv0002.pdf MINUTES of a ragulan meciting afltha Cily Council of the City)of Rkidi ands
held in the Courc:il Chamibens, 312 Brooklsida Avenue, an
AebruM 5, 1991,at 3:00 FI.M.
IIRESBNTl Charles C. DeMitjyn,Maypn
William H. Cunr inghatn, Counuilmctmber
Swcn Larson,Counc;ilmlembcai
Dee Ann Milsan,Clounuil number
James D. Wheaton,City Managcw
Dallas Halmes, City Attorney
Lorriie Floyzcm, City CletY
Stevan Chat ch,Rled:ands Daily Facts
11amala F;itzsinurions,'Hhci Sur
AE SHNT Carole Heswtiuk,Mayor No Tem
Tl a mieeting was opencid with an invocation by Counailmember
Hatisan follawted by the pledge(if Iallegi e.
Minutes of d e adjourr,ed regular meeting afl3anuaryl 15, 1991,
negular meeling afUanuaryl 15, 1991, and the adjaurned vegulan
ineetings of January 22, 1991,ark January 30, 1991,were
appravcui as submitted.
Brills and salariies dere oddeded paid as approve by l he Finance
Cominiti ae.
]MANNING AND COMMUN"DBVBLC PMENT
Filanniniz Commission Actions-Jaruary 32 and 35, 1991
Rollavwing discussion, on motian of Counuilmcrmber Hatisctn, seucinde d by
Counuilinumben Milson,the deports oflthe last tato Planning Conunissian rnecitings
were aukniawki gad as toceived.
Rkisoluiion No.4742-Allocal ion afIBuilding Ilerinits
Community Developmerit Dfixictor Shawl explained the praciedute followed last yieiati
wthiuh placed an enormous burdeni on staff and reciornmended that all permits be
available the first afIthe year and that this tiesoultion be continued foci f irlheti study.
Counuil ciarcuned with chis tleeluast.
Irnuctme Ilimits fon Tenants in City-C weed Hausing
Commiunityl Davalopmemit Dixictor Shawl reported the Housing Commission has been
reviewing the existing dents fbr the CityrCwncd housing units in the 9milaN Rarkl
area. At thein meetings oflDucembeni 13, 1990,and January 10, 1991,the Commission
rociommemidad the CAM standardize rents as follows:
1. Establish a mwilimum rent foci ciach particular unit based on HUD Rain Maakat
lents and 1ha size and qualityl of the unit. This would be an upper limit for
each uni t.
2. The rent for each tenant shall be either the maximum rent as established in
Step 1 or the following,whichever is less:
a. Tl,irtyl 1130: pewarit ofIumant's gross irwome, if the Cityl pays all uliliticis;ori
b. Twenty]-five(2f1)perceml of tenant's gross income,if the tenant payls gas
and elactriiciityl.
(T ate: These pe lvar tages are to be calcul atod on t he tenant's usual,expected
income sourc as and would rut include spars di(i employment.)
3. Tenamits shall payl a minimum oft$50 pcm morilh even if they)have rio regul ail
source ofl income.
4. Temam's incomes shall be recertified each yjear.
5. A 11 existing tenants who need to payl a higher Pent based on the above formula
shall have their rent raised graduallyl at$10 pcm month until tr a required remit
leval is acihiewd.
6. A 11 existing tenants who nead to payl less rent shall havo their rents reduced at
the succeeding month after approval byl th a Clityl Council.
Counciilmemzber Cunningham expressed concerns about 1he remit subsidy]the Clityl is
pnoviding without Rademal C overnmcnt Assistance and recommended studying tho
possibil:ityl all establishing a l krus:ing Authorityf with th a Clounciilmambers serving on
the Hoard in order to recoup this subsidy]for tho Ceneral Rund. Following d:'s( ussiony
CounciilmcimbeP Cunningham moved to direct th is mattaii to the Cit)j Manager fore
further study]and to approve the reciommendaiions of the Housing Clommission in the
:inderim. Motion seconded byl Claunciilmember Milson and curried bM AYH votes of
all prasurc
Minor Subdivision No. 184-Jesus Martinez
C motion ofICour cilmembat Cunningham, seconded byj Clounailmember Ilatisan,
Council grarited final approval byl AMIE votes of all present fore Minor Subd'vision
No. 184, a ihrlee-lai subdivision all 0.fl aches in the 11-1 21ono,as all ciondit:ions oft
approval have been completed.
Minor Subdivision No. Y10-C:ily of14adlands
C miction ofICour cilmembar Cunningham, seconded byj Clounailmember Ilatison,
Council granted final approval byl AMIE votes of all present for Minor Subd'vis7icm
No. 200, a land division which will create two parcels ani a 66-foot side major
highway extension consistent with the Gemietal Flan Circe ation Element (Wabash
Avenue extemisiun;,as all conditions oflapproval haves been ciompletud.
Code Enfomcnnent Status Report
Commiunityl Devolopru mit Dlirticton Shaw prose r ted a status nuporrt listing erodes
HnfUrciemcnt violations, fads gencmated, and a briefI summary oflgoals foci uodu
HnfUrciemcnt fbn the year 1991. lndicaling his appreciation,Councilmlembcm Marson
moved to aukha wlcdga this report.Motion seconded byl Counuilmumber Milson and
carried bye AYH votes of all prescmit.
CC MMUNICA TiIONS
Noises Ordinance Councilmcnnben Milson movcd to add the following matter to the agemida: "Status
neglari -Noisa Crdinancu."Motion seconded bM Councilmlembcir Clunrvngl.am and
carried byj AYH voters of all prosemit. Community)Dlevalopra mt Director Shaw
neparied a drafll ord'narce piiepaad from various ordinances fbom neigrbaringl uities
was pnusented at the Hnvironmcntal Rleview Commitwe at which time many)problems
arose especially enfbtxicanent. The Cityl Atlornieyl is currcnllyl retviewing the ondinanee
and pursuing additional infbrmiation foci emiforcemcmit informal ion. Councilmembur
Milson asked stafflto oxpedile this mattcm.
Counuilmcmber Cunninghami requostod someone from staff attonid a Courtyl
Illanning Commission meeting on Tlhursdayb February 7, 1991,to ask)the Cloiunty to
nuview C:ilyi development ;impact feces so that we will bo charging the same level oft
feios.
Councilme mben Cunninghami suggested that our nellrosemitalive to SAN 3AG inform
othem cities to look)at tE o Wdura plan in regands to urban boundaries.
Mayen DuMirj yn nead a letter from Clasa de la mist a thank°ng Cour cil for their
support. Thu facililyl:is now completed and roadyl f r ocuupargj.
Council recessed at 3:35 F.M.to a Rkidovelopmork Agcnciyi meeting and reconvened
at 3:38 F.M. to a closed session for the purpose of discussing pnopw y acquisition,
properl y disposition,and pending litigation. In accordance with Stale law,the City)
A tto may prepared a confider ial memo to Council prlaviding justificiationi far the
pundinig litigation portion oflthu ulosci soss:ion. Council reconvened at 7:10 P.M.
PUBLICI HHARINGS
Appeal -Vaijancu No.4E a and Conditional Use Fkrrmit Na. 544 - Saul and Assocriateis
Public hearing was cor tinuud to this iimu and placid I consider the Planning
Commission's denial of Variance No.4(3, an application for a variance from the
properi y devulopmeni standar ds of the Red ands Municipal Clodo to permit less than
the requiried numbers ofIparking spaces,and Cl nd'tion Use Parmit No. 544, an
application to permit thea convers;ian of d e fust floor of a nesidence to offices fore
pnoperl y laciatud al 454 Clatjon Street. 711he applicant initially applied flir this
conditional use permit and variance to convert a portion afl this historic houses:inl o a
mix-use ofresiential and office uses. llhe proposed variances was to allow a redudioni
of four nequ'rod on-site parking spaces. Cn Julys 10, 1990,d a Planning Commission
unanimously denied the variance request.Based an the parking deficiencies,the
conditional use permit could not be approved and was also unanimously denied. The
applicant appealed this decision and the City Council postponed their decision until
the applicant could apply fbr a M;inar Nanking Modification under the newlyl adopted
Cndinance No. 2128. On January 2fl, 1991,the Hlanning Commission reviewed the
applicant's nequest fon Minor Parking Modification No. a under Section
18.1(4.430(2)of the N2ledlands Municipal Code which allows the crediting of on-
struet parking spaces which ane adjacent to the frontage ofthe designated historic
structure towards the touil numbed ofriequired ofd sheet parking spaces required fon
the proposed use. Tl a Planning Commission approved Minori Parking Modifrcalion
No. 2 and recommended approval al d e City Council level as well as approval of the
related conditional use parm;it. Mayor De1V>firiyn declared the meeling apori as a
public hearing foci any questions or comments concerning this application and appeal.
Cn behalf oflthe applicant,Michael Atencio indicated their willingness to record the
;infrirmiation on the prapartM relating to the cond'tions of the conditional use permit foli
the inftirmiation of any future purchasers. He also askled to pastfIona Planning and
Commiunityl Devalopmant Condition No. l until the entire dislrid acquired
underground utilities. There being na further comments,the public hearing was
declared closed..
Councilmomber Larson moved to approve Minor Parking Modification No. 2 subject
to all conditions aflapproval based on the fbllowing specific findings:
A. Tho proposed parking mo&fication is necessary for the prusorvation of a
Historic Structure which is an asset lot ho communily and which is in
harmany with the elaments and objectivas of de 6emnial Plan and is nal
detrimental to existing uses ori to uses permittod in this zone.
B. A flowing the applicant to use a portion afl this residence as an office will
provide handing flrr,preserving and maintaining this hisloric structure.
C. Because of the size and configuration of this situ,the required on-situ parking
cann t be provided without approval of this requested modification.
D. The current on-site coveted parking will continue to function safel)j.
H. Tho in i agrity of this historic struclur e and tho sun our ding naighborhood will
not bo harmed by the curb side parking or the proposed use.
Councilme mben UdAriyn secordeid d o motion which curried by ASLIB voters of all
priasenl. Caunciilmembem Ilarsan moved to approve Conditional Use Permit No. 544
subjecit to all departmental conditions nflappnoval. Motion seclan lad byl
Counci ilmeamben M;ilsan and curried bM AME votes of all present.
Appeal Plublic hearing was advertised for this time and places to hear an appeal to an
Bnviiionmental Review Clommitlee raequ'rament for an Bnviraonmentail Impact Rleport
fon the piiopascid demalit:ian of strucitwes lacated al 421 through 253 South Eureka
Stricaeat and 242 thriough Flourth Stmiet foci playgraund expansion and civcrflow parking
at t he Sacred Hearl Church.Mayen DaW yn decilawd thea meeting open as a public
hearing, and Councilmember Milson moved to continue thea public hearing to
Aebmary 19, 1991, as requestead bM tb a appellant. Motion seconded by
Couneilme tuber Cunningham and carried by AYIE votes ofIall pncasenl.
Appeal Plublica hearing was advertised fora d is time and places to consider and appeal to an
Bnviisonmental Review Clommitlee raequ�riament for an Bnviraonmentail Impacl Rleport
for a praposed commeneial caentcr to be constnl eted on 697 acres of prapeartM local ed
on the soutl wrest corner of the I-10 Rriciaway and California 91reet in the East Valley
General Clarnmemial Zone,lho Tlahili Group,appellant. On January 29,15Li1,tf e
applicant submAted add'lional infbrmaticin that may mitigate the issued:identified by
the Bnvinonmentsl Reviews Committee;tl orefore, it is raecommedned this public
hearing be canl inued to March 5, 1991,and to neihna this it om back to the
Bnviromnental Review Clommitlee fors reconsideration and subsequemit report to the
C ily Council. Macara DeMirjyn declared the meeting ape n as a public hearing, and oni
malin aflCourcilmlembcas Cunningham, seconded bM Clauncaihrlember 11anscin, stafF"Is
ncacommemdaticn was approved by AYB votes of al pnesenl.
Rlesolut7ion No.414(i
Bond Rleafnancing Plublic hearing was advertised for tf is time and place to consider information
ciancerning the possible issuarrcaca of Mu:lifamilyl Housing Revenue Refunding Bands
byl the City of Rledl ands in an amount riot la exceed$123,650.00;the praoccaeds from
the sale oil such bonds are intended to be used to refinance the acquisit:ian and
construction oflan existing 558-unit aparimeni prsojcmat krlown as Bankvieavw Tiernace
Apartments located on apprsoximately 32.E acmes at 1601 Barron Road. C:iq Attorneys
Johnl Rlotllscihaefer and Francais J.Baum wenae prcascini fbr this items. Mr. Baum
explained the prcrjcact in detail and responded to Counciilmemben Cunningham's
ciancerms. Mayer DaMirjyn declaredd tf a moeting open as a public hearing. Cra behalf
of the owners oil the propertyl,Bab Edmonston urged approval nal ing tf eM had
alrseady been adversely affeatad bM rho fbrmw bank's default. There being nao furtora
caammenls, tf,a public hearing was declared closed. Councilmembera Milson moved to
adcgpl Rlesolulion No.4740, a resolution aflthe City Council oflthe City of Me&ands
approving documorits; appointing a trustee and bond counsel and authorizing the sale
of its vaniabla rate demand Muitifhmily Ilausing Revenue Rlefund'ng Bonds
(Parkview Terrace Project) 1991 Series A and making certain findings in cannecit:ian
with the issuar cc of said bonds.Motian seconded by Councilmember Uwson and
caarried by tf a fbllowing vote:
AYES: Councilmembers Larsori,Milsan;Maypn DcMlrjyn
NC HS: Councilmembcr Clunningl am
AE SHN'll: Councilmembcr Boswick
IIUBLICI CCMMBN'I1S
M>). Tiny Tayllor, Bwelda Aura Sales, complained la Council about being cited bm th o
Code Enforciament C fficer ori Moridayl flip the flags and barmors at his sales lot. Mii.
14or wanted the al her doalcuiships to also complS Witt the laws of the City
cispocialIM over weeldends.Mayor DleMirjyn suggested changing the Code
Bnftrcemont Officicrs' schedules. NH. Taylor will meet with the City Manageaii and
stafflregardirig this matler.
Ms. Sharon Fletcher cmpressed conarcams to Council about the development near
31015 Hast Sunset Drive South that will not fit in with the rural atmosphere of tl e
area, and askled flip support. Council direcited sWffto looks into the situation.
UNFINISHM BUSINESS
Crdirianca No. 214f
Development Impact
Pees Ordinance No. 2146, an ordinanica oflhe ClitM oflNedlands amending Chapters 3.54,
3.58 and 3.0 oftEa Rkidlands Municipal Cade ralaling to strecit improvement,
storm drain faciilily,traffic signalization and public facility fees,was read byl title aril 31
bye City Clenld Poy4cai, and on motion of Clouncilmcainber Cunningham seconded by
Couneilmeamber Milsori, further reading of tE a ordnance terns was waived. Ord'narice
No. 214f was intioduced by AYB votes oflall present and laid ovcui under the rules
with second reading scheduled for Rebruary 19, 1991, on motion of Clouncilmermber
Cunninghami, seconded by Courc:ilmembeii Milson.
Citrus Avenue
Impnovemenits %blic Worlds Director Mutlen proserited an estimate,based ori provious costs,to
redesign and readvertise the siroet ilrrprovements for East Citrus Avenue at Bincoln
Streieit. Counc:ilmemberr Cunnirigham moved to redesign Clitruis Avenue at Linocilri
Strciat as follows: rcitairi parking on the ncird side of C;iiruis Avenue and the exisling
two Janos fbr wostbourd traffic and provide fbr 12 and 14 foot eastbound lances with
no panking on the south side of Clitrus A vorue wash d1 o understalyding tf at when the
pnoperiy on the southeast cornier all Citrus Avenuci and Lincaln Strecit is developed,
the ramainirg street improvemcrits, such as sidawalk;l,will be completod. Moliori
seconded.bM Clouncilmomber Milson and carried by AYB voters of all preiserit.
C rdirianco No. 2144
Of ori hand Dlistrlct Cidinance No. 2144, asi ordinance of the CIAM ofll4edlands amondirig Section 13.124
of the Nedlands Municipal Code relating to uses in the"O"(OI on Lapid, Districi,was
giver its second reading of tho title byl City Clerld Poyaon,and on motiori of
Councilmoamben Larson, secondad by Councilmermber Milson,further heads ng of the
ordnance texi was waivad. Ordinance No. 2144 was adopted on matiorn cifi
Counciilmarnber Larson, secondcd byl Counciilmcanber Milson,by ihci fbllowiniEl
voter
AYBS: Councilmembars Cunningham, Hatiscn,Milson;Mayor DeNErjyn
NC BS: Nonce
A.B SBN'll: Councilmiembar Baswicik
Crdinanaci No. 2143
Wasters Megulations O7idinanoe No. 2145, an ardnanca ofihe ClitM oflMedlands amcinding Chapicm 13.52,
Flretroatmient and Rcigulation of Wastes, of the CIAM oflRledlands Municipal Code and
rcisoinding Ordinance No. 2070,was given its sceond reia ding cifltha titla bM CAM
Clakl Ployzen,and on motion aflCoup cilmemben Milson, seconded by
Counailmeanben Cunninghami,furilher reading of thea ordnance text was waivcid.
Ordinance No. 2145 was adapted on motion of ClaunciihTlarnbcm Milson, secondad bm
Counailmarnber Cunninghami,by tha following vote:
AYBS: Councilmemberrs Cunningham, Uaaison,Milson;Mayor DeNErjyn
NC BS: None
AP SHN'll: Counailmembcir Baswicik
NBW BUSINESS
Employee On miction ofICour cilmembcai Larson, saconded by Counc:ilmembeai Milson,
Coun(ii I approved by AYE votes ofIall present an additional permanent full-lima
Acciouni Clcnik II position within tf e Utility Billing Division of the Flinance
Dlepari mend.
Booking Facis On miction cflCouncilmembcai Cunningham, seciondcd byl Clctunciilmcrmber Hatiscn,
Council authoriaad by AW votes of all present tha part icipation of ihci City of I
Rkidl ands with other cities in San Borriardino ClcuntN in chalkingiing tha validity of th e
booking fees authoriaod by SB 23 31 and apprepriaie 51500.00. from Plol:icie Aciciount
No. 01-2(1(11-3130,Consultants,fltr that purpose.
Tl a fb:llowing matters wane adcd upon during tha afilernoon session:
Claim On miction cflCouncilmembeai Cunningham, secicndcid byl Clcunciilmcimber 11miscn,
tha later claim of Annoni M. Gawdyl in tha amount(if 1$90.00 was iiaicetcd by AMB
voters of all piesent as tha cilairri was not fflcid in a timely)manner.
Claim On miction aflCouncilmembeai Cunningham, seacndcid byl Clcunciilmamben Unison,
thci alaimi of Faryaci Niklbakhi Hamadan in an unknown arruuni was found nal to be a
proper chargee against the CIAM aril thcaiefore was rcrjcaxtcid by ASLIB vol cis of all ptiesent.
Claim On miction oflCouncilmembcai Cunningham, seciandcid byl Clcrunciilmamber Hatisan,
tha alaimi of Judith Wirtz-Gray in the amount of$1,438.22 was found not i o be a
proper chargci against the CIAM aril thcaiefotie was Tic jactcid by A AB vol cis of all present.
Claim Ori miction aflCouncilmembeti Cunningham, seaandcd byi Clciunciilmeimben Haiiscn,
thei cilairn of Jul ie K. Rloe in the amount of$2,000.00 was fbund not to bei a properi
change against the City)and lherefbre was rejectod by AYE votes oflall present.
Claim M>I.Arthur Jimcnez addressed Council raganding his claim that the root system Mom
the C:i13l's trcia in tha pa&wayl caused his sewcui lateral to collapse. Mayor DciMirjyn
axplaincid thea pnoccidurci la him and iieferrad him to staff f r further assistalnce. On
mal ion cfl Cour cihmlembcoi Cunningham, sec andad bM ClaunciibTicimber Ilaiisan,th e
ala:imi of Mr. and Mrs.A rthw Jimemiez in the amount of$998.34 was found not to be a
proper charge against the Clityl avid thcoiofore was rejcictcd by AMB vol cis of all present.
Rlesolution No.473(
Landscape Maintenance District
On motion oflCourcilmembar Cunningham, seconded by Clounciilmember Haiiisan,
Rlcisolui ion No.473(,resolution of the Cil)i Council afltha City of RIcidlands, Countyl
of San Bernardino,Cal;iffirniia,ordering the pieparation aflan Engineeiii's Rleport for
Handsciape Maimcnance District Na. 1 for fascial year 1991-93,was adopted AMIE
votes of all piiesonit.
Rlesolution No.4737
Stimit Bighting District
On miction oflCourcilmembor Cunningham, seconded by Claunciilmember Haiiiscin,
RlcisolW ion No.4737, a resolution afltha City Council oflthe City of Rkidlands,Clauniy
of Sam Bernardino,Cal:iftirniia,ordering the preparation aflan Engimieir's Rleport for
Strutt Llighting District No. 1 for fiscal year 1991-92,was adopted byl AYH votes of
all present.
Rlesolut7ion No.4738 Rlcisalui ion No.4738 amending the employee salary scbadule to acc ommodata 6 a
naciessary cilassificalion changes as a result afltha reorganizalion oflthe public Wot&ls
DleparlmeW was removed from tha agenda and no action was takemi at this mcieting.
Hunds
School Age Hlanning On motion aflCourcilmember Larson, sciconded by Counc:ilmembeai Cunningham,
Counciil acucipted by AYB votas oflall proscnt 1991 School Age Planning grant funds
and autr ariized appmprialion oflsaid funds Jo assist in iha planning oflbefore and after
school programs on a`°onie lima only"basis fiir a period aflJulyl 1, 1990 through Jure
30, 1991.
Grant Funds
Application Ori motion aflCourcilmembeti Cunringham, seciandad byl Claunciilmeimber 11miscn,
Counuil authorized by AMIE votes of all present tha Rlecireaiion Division to apply fbr
$1,300.00 fromi the Arthiriitis Hourdation, Southern California Chaptcny Thomas B.
Huaveyl Haaltr Education and Services Plrogram Grant.
Cour cil District
Boun daries Aollawing a brief explanation,on motion of Councilmarnberi Larson, seconded bM
Councilmemben Milson, Council amended by AYE votes aflall present the C:itm
Council district boundaries to conform with the negwst from the Megistnar of Motors.
Insteard of having the narlhlsauth boundary between Districts l and 3 follow
Tennessee south to San Mateo and turn at Brook fide,the new boundary will continue
on Tennessee Sfteet to Binoklsida Avenue(Bartan lF40ad).
Ilunds
N.C.I.9.E. Cn miction aflCouncilmembem Cunningham, secandcid byl Clotuncilmemben Hamsan,
Council authorised by AYE votes of all present an additional appropriation aft
$1,199.44 fbn membership;in the National Cnganization to Insurer a Sound-Clantiolled
Hnviironment(N.C.I.S.E.; fon the CAM of14edlands. This onganiaa ban worlds with the
aviation industry,airports and airlines to achieve mono acceptable levels of arincrratft
noise.
Tr we being no further,business,the meeting adjourn ed at 3:29 P.M.to a closed
session fon the purpose of d'scussing personnel.No report was expected following the
closed session.
Next iregd dr meeting, Ribruarry 19, 1991.
Citm Clerrkl