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HomeMy WebLinkAbout12-16-2002 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING DECEMBER 16, 20()2 COUNCIL CHAMBERS This is the time and place set for a joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. Pursuant to Resolution No. 2002-228, the City Clerk or her designee shall appear in the Council Chambers at 8:00 a.m. on the first and third Mondays in the months of October, November and December, 2002, and shall continue each Mayor and Common Council meeting to 1 :30 p.m. that same day. The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayorj01airman Valles at 1:37 p.m., Monday, December 16, 2002, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayorj01airman Valles; Council MembersjConunissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCarnmack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. 1. Closed Session Pursuant to Government Code Sections: A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Jaime Alvarez, et aI. v. City of San Bernardino - United States District Court Case No. CV 00-03048; Stubblefield Construction Company, et al. v. City of San Bernardino, et aI. - San Bernardino Superior Court Case No. SCV 252058; In Re Bankruptcy of CYSA-South San Bernardino Soccer Foundation - Case No. RS 02-18493MG; 1 12/16/2002 San Bernardino Redevelopment Agency v. William H. Cooper - San Bernardino Superior Court Case No. SCVSS 67622; David M. Sanborn v. Avila Construction, et al. - San Bernardino Superior Court Case No. SCVSS 078410; Daniel Cravens v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 076715. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to sulxlivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: Cypress Inn Mobilehome Park and VanRossum claim. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to su\xlivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police nn matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: (1) Fire negotiation issue G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Pernnan announced that the following additional cases would be discussed in closed session: Michelle P. Arroyo v. City of San Bernardino - United States District Court Case No. CV02-8967 ABC. Under Agenda Item 1.B., significant exposure to litigation: A number of claims involving former police officer VanRossum, including: Ellen Marie Treas, Angela Vandiver, Rosalind Brook~, and Linda Welsh. 2 12/16/2002 Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Corrunon Council and Cormmmity Development Commission. InvocationjPledge of Allegiance The invocation was given by Dr. David Tinoco of St. Paul's United Methodist Church, followed by tl1e pledge of allegiance, led by Johnny Creenwood of Anderson School. 2. Appointments There were no commission appointments. 3. Presentations Jon Dorm, President and CEO, Plarmed Parenthood of Orange and San Bernardino Counties, introduced several San Bernardino youth who participated in the first International Youth Day Conference on August 12, 2002, to learn about the importance of international family planning. Mayor Valles and Police Chief Zimmon presented a resolution of recognition to Lieutenant Larry Neigel on the occasion of his retirement after serving 32 years with the City's Police Department. Detective Michael Potts, an employee of the San Bernardino Police Department since 1979, was presented with the Third Quarter City of San Bernardino Customer Service Award in recognition of the professional way he conducts his investigations, treating all persons with fairness, respect, and dignity. It was noted that Mr. Potts is highly respected both as an officer and a professional by his supervisors, colleagues, civilian staff, and the public. David Pruitt, Executive Assistant to the Mayor, read the names of the following individuals who were presented a service pin award by Mayor Valles in recognition of their many years of dedicated service to the City: Name Anwar Wagdy Thomas Marek Charles Moore Department Development Services Human Resources Parks, Recreation & Cormmmity Services Public Services Public Services Police Police Years of Service 15 10 10 Ruben Martinez Maurice McKnight Josephine Foster Kyle Lundy 10 20 25 10 3 12/16/2002 4. Announcements Announcements were made by the Mayor, Common Council, elected officials, and a representative from the Olamber of Commerce regarding various civic, cormnunity and Olamber events and activities. 5. Waive full reading of resolutions & ordinances Council Member/Commissioner Anderson made a motion, seconded by Conncil Member/Commissioner Suarez, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Cormnon Council/Corrununity Development Commission be waived. The motion carried by the following vote: Ayes: Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson, McCammack. Nays: None. Absent: None. Council Suarez, 6. Council Minutes Council Member/Commissioner Anderson made a motion, seconded by Conncil Member/Commissioner Suarez, that the minutes of the following meeting of the Mayor and Cormnon Council/Corrununity Deyelopment Commission of the City of San Bernardino be approved as submitted in typewritten form: November 4, 2002. The motion carried by the following vote: Ayes: Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson, McCammack. Nays: None. Absent: None. Council Suarez, 7. Claims & Payroll Council Member/Commissioner Anderson made a motion, seconded by Conncil Member/Commissioner Suarez, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated December 5, 2002 from Barbara Pachon, Director of Fianance, be approved. The motion carried by the following vote: Ayes: Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson, McCammack. Nays: None. Absent: None. Council Suarez, 4 12/16/2002 8. Personnel Actions Council Member/Cormnissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the personnel actions as submitted by the Chief Examiner dated December 10, 2002, in accordance with Civil Service rules and Personnel policies adopted by the J\fayor and Common Council of the City of San Bemarctino, be approved and ratified. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCanunack. Nays: None. Absent: None. 9. ORD. MC-1135 - An Ordinance of the City of San Bernardino amending sections of Municipal Code Chapter 14.04 regarding granting of utility franchises. FINAL READING Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner McCanunack, that said ordinance be adopted. Oniinance No. MC-I135 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCanunack. Nays: None. Absent: None. 10. RES. 2002-385 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino to represent the City in the case of Pravin D. Patel v. City of San Bernardino, et al. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2002-385 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCanunack. Nays: None. Absent: None. 11. Approve Local Appointments List (See Attached) Council Member/Commissioner Anderson made a motion, seconded by Council Member/Ccnnmissioner Suarez, that the Mayor am Conunon Council approve the Local Appointments List of all regular and ongoing boards, commissions, and committees and direct the City Clerk to send a copy of the List to the Fedlheym Library for posting pursuant to Government Code Section 54973. 5 12/16/2002 The motion carried by the following vote: Ayes: Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson, McCanunack. Nays: None. Absent: None. Council Suarez, 12. RES. 2002-380 - Resolution of the City of San Bernardino authorizing extension of the existing purchase orders to H & H Citrus Inc. and Scott Tractor Service in the aggregate for a maximum of $140,000 to perform weed abatement services for Fiscal Year 2002/2003. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-380 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCanunack. Nays: None. Absent: None. 13. RES. 2002-381 - Resolution authorizing the execution of a Fund Transfer Agreement with the California Department of Transportation (Caltrans) for the Santa Fe Depot Area Plan located at 1170 W. 3'd Street and authorization for the Director of Finance to amend the Fiscal Year 2002/2003 budget. Council Member/Corrunissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted; and that the Director of Finance be authorized to amend the Fiscal Year 2002,12003 budget to appropriate $324,800 in grant Account No. 123-701-5504-7349. $268,800 is being reimbursed from the Caltrans Community Based Transportation Planning Grant; $42,000 of matching funds are being reimbursed from EDA (tracking number 033-6500); and $14,000 of matching funds are being reimbursed by Development Services General Fund budget by moving $14,000 from Account No. 001-190-5502 to Account No. 001-190-5193 (grant match). The motion carried and Resolution No. 2002--181 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 14. RES. 2002-382 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Laird Construction Co., Inc. for pavement rehabilitation on Lexington Parkway from Hallmark Parkway to cul-de-sac; Saratoga Way from Georgia Boulevard to Ha1hnark Parkway; Shenandoah Way from Hallmark Parkway to cul-de-sac; Georgia Boulevard from Gannett Parkway to Saratoga Way; and Gannet Parkway from Georgia Boulevard to Halhnark Parkway, per Plan Drawing No. 10510. 6 12/16/2002 Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-382 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 15. Authorize staff to proceed - formation of Landscape Maintenance Assessment District - California Street & 16th Street area (Tract No. 13822) Council Member/Commissioner Anderson made a motion, seconded by COImcil Member/Commissioner Suarez, that the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with the establishment of a Landscape Maintenance Assessment District in the California Street and 16th Street area, within Tract No. 13822, to be known as Assessment District No. 1029. The motion carried by the following vote: Ayes: Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson, McCammack. Nays: None. Absent: None. Council Suarez, 16. RES. 2002-389 - Resolution of the City of San Bernardino authorizing the execution of a lease agreement with The Rock Church and World Outreach Center, for use of vacated portions of Waterman Avenue, south of Caroline Street, north of Union Pacific Railroad. City Attorney Penman questioned whether the issue regarding access to a nearby auto repair shop business had been resolved; more specifically, whether the City would be creating a land-locked parcel. Staff provided a copy of the settlement agreement; and Mr. Penman noted that according to the plot map there are apparently two ingresses and egressses to this particular piece of property, and the owners, Robert and Bonnie Jennings, had a prescriptive easement over part of the property being developed by The Rock Church and World Outreach Center. The Rock Church and World Outreach Center paid the Jennings $37,500 for them to sign a quit claim deed and a release for all claims for prescriptive easements and any other claimed easement in favor of the 383 Caroline Street as against property of The Rock. He stated that this resolved the issue as to whL'lher the City would be creating a land-locked parcel; which is not the case because there is still an ingress and egress on Caroline Street. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. 7 12/16/2002 Resolution No. 2002-389 was adopted by the following vote: Ayes: Council MembersjCormnissioners Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. 17. RES. 2002-386 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing termination of the City's participation in a contract with the cities of Colton, Lorna Linda, Recllands, Rialto, and the County Fire Department and to transfer full responsibility and ownership of the air truck to remaining participants. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Corrnnissioner Anderson, that said resolution be adopted. Resolution No. 2002-386 was adopted by the following vote: Ayes: Council Members/Cormnissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 18. RES. 2002-387 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to issue a purchase order to Principal Decision Systems International (PDSI) in the amount of $41,838.41 for Te1estaff Staffing Automation System, Aelher Mobile Government Systems in the amount of $14,400 to link the current Fire Sunpro Records Management System (RMS) software to Te1estaff, and Hewlett Packard Company for the server to run the Te1estaff Program in the amount of $3,739.00. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-387 was adopted by thl.' following vote: Ayes: Council Members/Cormnissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 19. RES. 2002-388 - Resolution of the City of San Bernardino approving a side letter to Resolution No. 99-155, Resolution implementing a Memorandum of Understanding between the City of San Bernardino and employees in the Police Safety Unit represented by the San Bernardino Police Officers' Association, and superceding Resolution 2001-364. Council Member/Cormnissioner Anderson made a motion, seconded by Cmn1cil Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2002-388 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 8 12/16/2002 20. RES. 2002-383 - Resolution of the City of San Bernardino authorizing replacement of the 911 Public Safety Answering Point Telephone System and the workstation monitors in the Public Safety Dispatch Center. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Cormnissioner Suarez, that said resolution be adopted. Resolution No. 2002-383 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 21. RES. 2002-384 - Resolution awarding a purchase order to W. Wood and Associates for comprehensive maintenance of landscape and irrigation for the San Bernardino Soccer Complex for a period of December 1, 2002 through June 30,2003. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-384 was adopted by the following vote: Ayes: Council Members/Cormnissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 22. Approve funding - 4th of July Parade and Celebration at Arrowhead Credit Union Park Council Member/Commissioner Suarez made a motion, seconded by Council Member/Cormnissioner Derry, that the recommerdation of the Ways and Means Committee for funding in the amount of $45,700 to cover costs connected with the 2003 4th of July Parade and Celebration at Arrowhead Credit Union Park, be approved. The motion carried by the following vote: Ayes: Members/Cormnissioners Estrada, Longville, McGinnis, Derry, Anderson, McCammack. Nays: None. Absent: None. Council Suarez, 23. Set budget workshop - Monday, 9:00 a.m., January 13, 2003 or January 27, 2003 - Economic Development Agency Boardroom - to review Fiscal Year 2002/2003 City and Economic Development Agency budgets Council Member/Commissioner Longville requested that the budget workshop be held on January 27, as she would be unable to attend on January 13. 9 12/16/2002 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Cormnissioner Suarez, that the Mayor and Common Council/Community Development Commission set a budget workshop for Monday, January 27, 2003, at 9:00 a.m. in the Economic Development Agency Boardroom to review the Fiscal Year 2002/2003 City and Economic Development Agency budgets. The motion carried by the following vote: Ayes: Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson, McCammack. Nays: None. Absent: None. Council Suarez, 24. Resolution of the City of San Bernardino authorizing and directing the execution of an agreement for the extension of sewer services in unincorporated territory relative to the San Bernardino County Animal Shelter at 19777 Cajon Boulevard. (Continued from December 2,2002) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the matter be tabled. The motion carried by the following vote: Ayes: Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson, McCammack. Nays: None. Absent: None. Council Suarez, 25. An ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 15.24.050 Maintenance requirements for multi- residential, commercial, and industrial properties. FIRST READING Council Member/Cormnissioner Suarez made a motion, seconded by Council Member/Commissioner Longville, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson, McCammack. Nays: None. Absent: None. Council Suarez, 26. Public hearing - General Plan Amendment No. 02-01 - change land use designation from RMH, Residential Medium High, to CG-l, Commercial Genera1-1.12 acres located on the east side of Tippecanoe Avenue between Gould and Davidson Streets RES. 2002-390 - Resolution of the City of San Bernardino adopting General Plan Amendment No. 02-01 to the General Plan of the City of San Bernardino, to amend the General Plan Land Use Designations from RMH, Residential Medium High, to CG-l, Commercial General, for 1.12 acres located at 1155 and 1623 East Gould Street and 1158 East Davidson Street. 10 12/16/2002 -. ----.... ,-----------,-_._._--~~-~.~---.~,~-'---_."..,-_._-~.- .. Mayor/Olainnan Valles opened the hearing. City Planner Valerie Ross provided an overview of the staff report, stating that staff supported this amendment and was recommending approval. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to Mr. Robert Stewart, 10535 Anderson Street, Loma Linda, CA, that he would provide true and honest testimony. Mr. Stewart thanked staff for their assistance in working with him on this project. No public corrunents were received. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2002-390 was adopted by the following vote: Ayes: Council Members/Commissioners Longville, McGirmis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. 27. Public hearing - General Plan Amendment No. 02-06 - change land use designation from RL, Residential Low, to RS, Residential Suburban - approximately 3.02 acres at northeast corner of Olive and Ohio Avenues Mayor/Olainnan Valles opened the hearing. Valerie Ross, City Planner, provided an ovelTiew of the staff report, stating that staff was recorrunending that the Mayor and Council deny the request. No public corrunents were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the hearing be closed; and that General Plan Amendment No. 02-06 be denied based upon the Findings of Fact in the Planning Commission staff report. The motion carried by the following vote: Ayes: Council Members/Commissioners Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. 28. Public hearing - Development Code Amendment No. 02-02 - modify parking requirements for restaurants II 12/16/2002 An ordinance of the City of San Bernardino amending Section 19.24.040 of the San Bernardino Municipal Code (Development Code) related to parking requirements for restaurants. FIRST READING Mayor/Chairman Valles opened the hearing. City Planner Valerie Ross stated that this was a request to modify parking requirements for sit-down restaurants. Currently, the Development Code requires one parking space for each 35 square feet of public seating area, plus one space for each 200 square feet of all other gross floor area, with a minimum of 10 spaces. The proposed amendment would require one parking space for each 100 square feet of gross floor area, with a minimum of 10 spaces. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to Mr. Art Pearlman, that he would provide true and honest testimony. Mr. Pearlman expressed his endorsement of this amendment, stating that with regard to the HUB Project in particular, it would allow them to place restaurants within the HUB Project that they would not have been able to under the old provisions and still meet parking requirements. No other public comments were received. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the hearing be closed; and that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/Commissioners Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. 29. Public hearing - appeal Planning Commission's determination - Conditional Use Permit No. 02-10 & Variance No. 02-07 - proposed Wendy's Restaurant - southeast corner of Rosewood & Tippecanoe Avenues Mayor/Chairman Valles opened the hearing. City Planner Valerie Ross advised that this was a request to establish a 2,900 square foot drive-thru, fast-food restaurant at the southeast corner of Tippecanoe and Rosewood Avenues. The site is designated CG-l, Commercial General, and is located in the Freeway Corridor Overlay District at the 1-10 Freeway and Tippecanoe off-ramp. The Freeway Corridor Overlay District requires a 50- foot building setback and a 25-foot landscape setback--the 25 feet being within the 50 feet. 12 12/16/2002 She stated that the variance requested by the applicant was to allow the drive aisle, parking, and refuse enclosure within the 25-foot landscape setback and a portion of the building within the 50-foot setback. Ms. Ross stated that at its meeting on August 22, 2002, the Planning Commission followed staff's recommendation and adopted the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program, approved Conditional Use Permit No. 02-10, and approved Variance No. 02-07, allowing the refuse enclosure to be located within the 25-foot freeway landscape setback and allowing a portion of the building within the 50-foot freeway setback. However, the Commission denied Variance No. 02-07 to allow parking within the 25- foot freeway landscape setback. Ms. Ross referred to a memorandum dated December 11, 2002, to the Mayor and Council from Deputy City Attorney Henry Empefio, wherein he noted that staff's findings in support of the variance were on the weak side. She stated that staff concurred with that; however, they were trying to find a way to make the project work; therefore, the recommendation that the parking be removed from within the freeway 25-foot landscape setback and placed elsewhere. She added that the applicant had indicated that he had a reciprocal parking agreement with the adjacent Denny's restaurant and staff thought because of that they could lose the parking spaces that were along the southern portion of the site and use adjacent parking. She stated that staff did not believe that the shape of the parcel precluded the applicant from meeting the code requirements. Ms. Ross advised that the Director of Development Services had done some research and found that the typical site that Wendy's looks at is approximately one acre or 43,560 square feet, with 40-50 parking spaces. This site has the same size building, but it only has half the acreage or square footage of the lot and approximately half the parking. She stated that staff agreed with the applicant that this is an attractive site, as there is a high volume of traffic in the area which would support a fast-food, drive-thru restaurant. Ms. Ross also indicated that several similar projects are pending that are watching this one to see what decision is ultimately made. Ms. Ross stated that the staff report contains two recommendations for Council 1 Commission consideration. One is denial of the appeal, which then upholds the Planning Commission's determination; or approval of the appeal based on the revised Findings of Fact. Either option would include the Conditions of Approval and the Standard Requirements. A third option would be to amend the Development Code pertaining to the freeway corridor overlay. Council Member/Commissioner McGinnis stated that he was originally very excited that a Wendy's was coming to this area of San Bernardino; however, after looking at the project relative to size and space and the need to encroach 13 12/16/2002 on the freeway setback, he thought it would he more trouble than it is worth to try and squeeze it onto this property. He expressed concern that other developers would then be asking to squeeze other projects on other pieces of property and they would have this project to point to as a precedent. He stated that he was not going to support the project as proposed. City Attorney Penman advised that there had been some misinformation about this project. One of the pieces of misinfornlation was that if the City granted this variance it would open the door for a number of other variances. He referred to Development Code Section 19.72.060 Precedents, wherein it states: "The granting of a prior variance is not adrrussible evidence for the granting of a new variance." He pointed out that if the CounciVCommission granted this variance today, it cannot be used as evidence to grant some other variance at the next Council meeting, or two months from now, or a year from now; therefore, that issue is moot. J'v1r. Penman advised that Section 19.72.010(1) of the Development Code states that: "Variances from the terms of this Development Code shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Development Code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use districts." The Planning Commission's justification for the variance, that this parcel was subdivided prior to the City's adoption of the freeway setback requirements in 1991, was not a special circumstance, applicable only to this property, but applied to almost all parcels in the City located within the Freeway Corridor Overlay District. Therefore, the previous two variances granted by the Planning Commission do not have sufficient legal justification. However, the shape issue is pertinent. J'v1r. Penman then referred to J'v1r. Empefio'~ memorandum of December 11, which states: "After reviewing the facts further with Planning Division staff, we advised the Mayor and Common Council that a trapezoidal shape (a quadrilateral figure with two parallel sides) of the parcel is a special circumstance applicable to this property upon which findings can be made to suppott the granting of all three variances. This trapezoidal shape makes this an irregularly shaped parcel of land where most lots in this vicinity are either square or rectangular in shape. Planning Division staff has informed us that the majority of the existing parcels in the City are either square or rectangular in shape. The unusual shape of a parcel of land has been considered as the special circumstance supporting the granting of a vari,mce by the Planning Corrunission on only a few occasions." 14 12/16/2002 Mr. Penman concluded by stating that it was the opinion of the Attorney's Office that the shape of the parcel provided a legal basis for granting the appeal and approving all three variances. Council Member/Commissioner McCammack stated that it was important for the public to understand that the developer owns this particular piece of property and he cannot go out and buy another piece of property for the same price. She stated that if there was a legal basis to approve the variance, she did not believe the Council/Commission had the right to deny the property owner the ability to develop this piece of property; especially when the proposed development has the potential of creating hundreds of thousands of dollars in sales taxable revenue. Council Member/Commissioner Longville stated that she knows Council Member/Commissioner McGinnis really does his homework, and she respects his opinion greatly when he says he has problems with a certain development. She agreed that she would like to see a smaller restaurant on the property; however, in light of the fiscal hardships that the City will be facing in the next several years and the need to generate adequate revenues, to deny the City twenty or twenty-five thousand dollars per year in sales tax off of a high volume restaurant would not be in the best interests of the public. No public comments were received. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to Mark Sandoval, owner of the property, that he would provide true and honest testimony. Mr. Sandoval stated the he appreciated the help he had received from staff. He stated that after being turned down by the Planning Commission he and his architect had tried to lay it out to fit a shoe store or some other store on the property; however the 25 feet of freeway landscaping was a big detriment, and it was hard to lay anything out with that kind of setback requirement. He pointed out that City code requires 15 percent commercial landscaping in this area; however, if he did the landscaping as the freeway corridor overlay requires, it would be 35 percent landscaping, which is more than double the code. He stated that what they have planned right now, with the variance for six parking stalls in that area, they are still at 21 percent, so they are still highly landscaped, and their plan is to make something attractive along three sides. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the hearing be closed; and that the Mayor and Common Council grant the appeal and approve Conditional Use Permit No. 02-10 and Variance No. 02-07, based on the Revised Findings of 15 12/16/2002 Fact (Exhibit 7) and subject to the Conditions of Approval and Standard Requirements (Exhibit 3, Attachments C and D). The motion carried by the following vote: Ayes: Members/Corrunissioners Longville, Derry, Anderson, McCammack. Council Members/Commissioners McGinnis, Suarez. Absent: Member/Corrunissioner Estrada. Council Nays: Council R30. Public Hearing - affordable Senior Citizen Rental Housing Home Grant & Disposition and Development Agreement (DDA) - TELACU Senior Housing Development San Bernardino II, Inc. - 4th and H Streets RES. CDC/2002-42 - Resolution of the Community Development Commission of the City of San Bernardino (1) acknowledging receipt of a Summary Report relating to the proposed 2002 Mfordable Senior Citizen Rental Housing Home Grant and Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino, California (Agency) and TELACU Housing - San Bernardino II, Inc., a California Non-profit Corporation (Developer), 750 West 4'h Street, Central City North Redevelopment Project Area and (2) authorizing the transfer by the Redevelopment Agency of the parcel located at 750-752 West 4'h Street to the Developer - Central City North Redevelopment Project Area. (R30A) RES. 2002-391 - Resolution of the Mayor and Common Council of the City of San Bernardino (1) acknowledging receipt of a Summary Report relating to the proposed 2002 Affordable Senior Citizen Rental Housing Home Grant and Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino, California (Agency) and TELACU Housing - San Bernardino II, Inc., a California Non-profit Corporation (Developer), 750 West 4th Street, Central City North Redevelopment Project Area and (2) authorizing the transfer by the Redevelopment Agency of the parcel located at 750-752 West 4th Street to the Developer - Central City North Redevelopment Project Area. (R30B) Mayor/Olainnan Valles opened the hearing. Maggie Pacheco, Director of Housing and Community Development, stated that the architect was available to review with the Council the new senior housing project proposed for the corner of 4th and H Streets. She advised that the Agency was asking for the Council' s/Corrunission' s approval to transfer a parcel at 750 West 4th Street and to grant TELACU a grant in the amount of $362,000 for the provision of public improvements. 16 12/16/2002 Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to Greg Villanueva, architect for the project, that he would provide true and honest testimony. Mr. Villanueva provided a very descriptive overview of the configuration of the project and the scope of the improvements, and also presented several artist renderings of the prop,:>sed project. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Derry, that the hearing be closed; and that said resolutions A and B, be adopted. (Note: The motion was subsequently amended.) Council Member/Corrunissioner McCammack asked whether the units would be rental units. Tom Provencio, representing the owner, TELACU, advised that they are federally subsidized rental units with the rent generally ranging from $300-325 per month. He stated the tenants will only be asked to pay 30 percent of their income toward the rent, so the rest of it would be offset by a project rental assistance contract that TELACU will have with HOD. Ms. McCammack noted that in the CC&Rs ()n page 57 it stated that only one member of the family has to be 62 years of age or older. She questioned how the developer was going to prevent it from becoming a regular apartment complex as opposed to strictly a senior complex. J'v1r. Provencio stated that it would be a deed restricted facility by HOD, so for 40 years, at a minimum, it would be restrictLu to seniors 62 years of age and older. Ms. McCammack pointed out that the CC&Rs did not say that. Maggie Pacheco, Director of Housing and Community Development, advised that there were a couple of provisions to cover this. She noted that on page 4 of the DDA, the senior citi7.eIl household is defined, and as long as one member of the household is 62, even if the spouse is 55, assuming they meet the income standards, they would be entitled to live on the premises. In addition, this project was approved by the Planning Comrni~sion subject to the CUP, and the CUP states a minimum of 60 years of age. She stated it would also be by deed restriction, that the CUP would impose that restriction on the project. Therefore, there are two layers of covenants on the project. Discussion ensued regarding how many people could live in one unit and whether or not there was anything to prevent gTandj:ments who are raising their grandchildren from living in the complex. 17 12/16/2002 ___~.__.,__~.."~_.,,_._'___~___.~~.___._;_'__....__.,__._.__~__________.".~..___.._.___,_____.. ~__.._.____.__,__"_"~M__.___.____...__ ___.___,_'______ Ms. Pacheco stated that the civil code reads that only one member of the family has to be 62. If there was a grandchild involved, she thought it would be a management policy issue. Mr. Provencio stated that they really don't have issues when it comes to children that are living with the seniors, they have never really encountered that, and it has been TELACU's policy that they've always had seniors 62 years of age and older. Upon further questioning, he did admit that based on the CC&Rs there was really nothing to preclude such a situation. Both Mr. Provencio and Ms. Pacheco stated that only two people could live in one unit and this would be addressed in the rental agreement with the management company. Council Member/Commissioner LongvilJe expressed her endorsement of TELACU and inquired as to their occupancy rates. Mr. Provencio replied that all of their projects are 100 percent occupied and many of them have waiting lists. Council Member/Commission Anderson noted that when TELACU first came to the City they had a wonderful project, but through the commissioners who are on the RDA--Mr. Suarez, Ms. Estrada, and herself--many items were added that gave beautiful ambiance to this facility. In particular, she was very concerned with the lighting and that the lighting be a major source of ambiance for these facilities. Council Member/Commissioner McCammack reiterated her concerns regarding the fact that the DDA and the CC&Rs did not have language requiring that the rental agreement limit the occupancy to two people. Marie Phillips, Housing Consultant from HUD, stated that the HUD occupancy requirements limit occupancy to two people, which could be a spouse or a child. However, typically people in this income group do not have a child living with them. She stressed the point that there couldn't be three people in one of these units by the HUD occupancy requirements, so for the 40 years of the HUD program it would be limited to two people. Ms. Pacheco stated that if that was the case. and if there was no prohibition from HUD's standpoint, she did not see a problem with expanding the definition in the DDA commencing with Section 1.15 with regard to defining senior housing and senior citizen, so they could talk about limiting the occupancy. Ms. McCammack stated this would give her a greater level of comfort, and that in exchange for the almost $400,000 worth of value, it would be a fair thing to do for the taxpayer, and if staff could do that she would be prepared to support the motion. 18 12116/2002 ^'-_.-----~--_.__._._---_._- . . Ms. Phillips pointed out that the City is protected anyway, because everywhere in the agreement it says that whatever the HUD rules are, they will supercede anything anyway, for at least the first 40 years. Ms. Pacheco concurred that this was true, but did not see a problem with incorporating the occupancy requirements in the DDA, since the HUD regulatory agreement is a 40-year covenant and the City/Agency is asking for a 55-year covenant. She inquired whether TELACU would have a problem with this and Mr. Provencio replied in the negative. Council Member/Commissioner McCammack stated that she hoped the maker of the motion would be willing to amend the motion to include an occupancy requirement in the DDA. Council Member/Commissioner Suarez am.:nded his motion, seconded by Council Member/Commissioner Derry, that the hearing be closed; that said resolutions A & B be adopted; and that language be added to the DDA limiting the occupancy of each unit to two people. (Note: The vote was taken after further discussion.) Senior Assistant City Attorney Carlyle pointed out that the Attorney's Office had not signed off on either the City resolution or the Commission resolution, because notwithstanding all of the protection that one can put into a senior housing agreement, as had been pointed out, if you had a grandparent taking care of a grandchild, two people altogether, that would be permitted in this development. And if that grandchild becomes somewhat unruly, or all of a sudden you have three or four units that have that type of situation, then you don't have the same type of senior pristine housing that one envisions for something like this. Mr, Carlyle continued, stating that the irony is that under California law, such an arrangement would be permitted. The federal law attempts to restrict that; however, if there was ever a court case, the Ninth Circuit Court of Appeals has historically been more liberal in allowing this type of arrangement than has the California State Supreme Court. So while there might be an initial comfort level that these are HUD funds and HUD documents, the fact of the matter is that should it get challenged in federal court, the likelihood of success by the challenger is greater than it would be in state court. So the Attorney's Office did not sign off because they did not want to give the impression that this arrangement is ironclad, for it is far from it. He indicated that he had talked to Special Counsel Sabo and he concurred that it is doubtful if it ever got challenged that it would withstand scrutiny. City Attorney Penman stated that the CounciJiCommission should not be under any illusion as to what this project is--it is a low income, high density apartment 19 12116/2002 ------r---...---~..---.---~ complex. He stated he had no doubt that the people who are promoting it will do everything they can to make sure it is occupied by seniors for the first 40 years; however, there is no legal way to do that. If the situation develops where there are not enough senior applicants to fill the property, HUD has the authority to waive that requirement as long as the people who move in are low income; and in 40 years this apartment will become another Arden Guthrie. He added that CC&Rs mean very little if they are challenged in court, so the Council/Commission should understand that when they vote "yes" they are casting a vote to build another low income, high density, HUD-financed apartment complex in the City of San Bernardino; and no one should vote on this project with the illusion that the safeguards are sufficient to make sure it will stay a senior housing project. Council Member/Corrunissioner Longville stated that it made no sense to talk about this 75-unit project without looking where it is going and what the City is spending in this area to bring the downtown into a desirable area to live. She noted that a lot of money has been spent looking at the downtown revitalization to try and breathe some new life into the downtown, and as far as she could see demographics indicate that the senior population is not going to decrease in the near future. Ms. Longville stated that some people may choose to look at San Bernardino through the eyes of the past, fearing everything will tum into Arden Guthrie, but she could not do that. She stated that she has to be optimistic and recognize that some things can be a catalyst, and she thinks this project can be a catalyst and a very desirable place for senior citizens. It is what senior citizens are looking for--something close to public facilities and close to services, with a school and library and other senior facilities in the area--ard she strongly disagreed that this will be an Arden Guthrie in 40 years. No public comments were received. Senior Assistant City Attorney Carlyle reiterated tillt whatever document is entered into between the Agency and the developer is subordinate to whatever decision HUD makes, and whether HUD makes the right decision today, they can make the wrong decision the next day, or next month, or next year, and that is the concern that the Attorney's office has been trying to express. HUD can supercede at any time. The motion carried and Agency Resolution No. CDQ2002-42 and City Resolution No. 2002-391 were adopted by the following vote: Ayes: Council Members/Commissioners Longville, McGinnis, Derry, Suarez, Anderson. Nays: Council Member/Commissioner McCammack. Absent: Council Member/Corrunissioner Estrada. 20 12/1612002 ...-----------.--..T-----.--.--..--------.---... R31. Public hearing - Disposition and Development Agreement - Agency owned land in the Verdemont Area, south of lrvington Avenue, aka Glazier, Tentative Tract Map No. 15407 RES. CDC/2002-43 - A Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Agency Executive Director to execute a Disposition and Development Agreement (DDA) by and between the Redevelopment Agency of the City of San Bernardino and Century Crowell Communities, LP and Olive Crest, LLC (GFR Enterprises, Inc.) (the "Developers") for development of the Agency property located south of Irvington Avenue, east of Palm Avenue (AKA: TT#15407 Glazier) ("The Site"). (R31A) RES. 2002-392 - A Resolution of the Mayor and Common Council of the City of San Bernardino (1) acknowledging receipt of a Summary Report relating to the Disposition and Development Agreement by and between the Redevelopment Agency (Agency) and Century Crowell Communities, LP and Olive Crest, LLC (GFR Enterprises, Inc.) ("Developers"), and (2) authorizing the sale by the Agency of the site. (R31B) Mayor/Olairman Valles opened the hearing. Maggie Pacheco, Director of Housing and Conununity Development, stated that the Agency was requesting approval to sell the property known as the Glazier land or Tentative Tract No. 15407 to CenturY Crowell and Olive Crest at fair market value, and provided an overview of the scope of the proposed project. Ms. Pacheco advised that there was a change to one of the provisions in the agreement, stating that on page 23 of the agreement there is a section that refers to mitigation agreement and a school impact fee. She stated that the Agency purchased this land from the City of San Bernardino and the land was part of the CFD default that occurred a few years ago. As a result of that default provision, this particular site is exempt from the payment of school fees-- essentially, the school fees have already been pre-paid by the City. Therefore, instead of the school impact fee that this project would normally be assessed by the San Bernardino Unified School District, the Agency has asked the developer to pay the City an in lieu school fee. The amount negotiated with the developer is the sum of $6,732 per unit for a total of $720,324. This is over and above the purchase price of the site and the $720,324 will go to the City as the in-lieu of fee and would be utilized by the City to begin establishing the Verdemont fire station truck fund. No public comments were received. 21 12/16/2002 Council Member/Commissioner Suarez made a motion, seconded by Council Member/Corrunissioner Anderson, that the hearing be closed; and that said resolutions A & B, be adopted. The motion carried and Agency Resolution No. CDq2002-43 and City Resolution No. 2002-392 were adopted by the following vote: Ayes: Council MembersjCorrunissioners Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. R32. Public hearing - consider review of the Implementation Plan (AB 1290) RES CDC/2002-44 - A Resolution of the Community Development Commission of the City of San Bernardino, the governing body of the Redevelopment Agency of the City of San Bernardino, approving a certain Implementation Plan Review Report for the various redevelopment project areas of the City of San Bernardino (2002). (R32) Council Member/Commissioner McCammack advised that she would abstain on this matter because she owns property in the Uptown Area. Mayor/Chairman Valles opened the hearing. No public comments were received. Council Member/Commission Derry made a motion, seconded by Council Member/Corrunissioner Longville, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. CDq2002-44 was adopted by the following vote: A yes: Council MembersjCommissioners Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Abstentions: Council Member/ Corrnnissioner McCammack. Absent: Council Member/Commissioner Estrada. R33. Public hearing - reallocate Community Development Block Grant (CDBG) funds for Downtown "E" Street Median Project - award construction contract for Old Towne Streetscape Plan Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a contract to International Pavement Solutions, Inc. for the construction of the Downtown "E" Street Median Project. Mayor/Chairman Valles opened the hearing. 22 12/16/2002 Mayor/Chairman Valles explained that when the City embarked on the planning for the "En Street Median Project, much of the engineering and planning was done in-house, which saved the City a great deal of money. However, due to current budget constraints, the City needs to be extremely prudent, and she had asked the Development Services staff to scale down on the median project. She stated she had not asked staff to scale down on the Old Towne housing target, since that project has a momentum going ,md she thought the City should proceed with that. Deputy Director/City Engineer Casey stated that staff could look at ways to accomplish the Mayor's request and find ways to divide the project into segments, phasing them in as funds permit. Council Member/Commissioner Longville expressed her support of the Mayor's desire to scale back, stating that she was going to suggest that perhaps the CounciVCorrunission should look at the CDBG funds and how they might need to be reallocated at the budget workshop in J alluary. She stated that she was not prepared to allocate money today, prior to having the budget workshop. There were no public cormnents. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McCammack that the matter be continued until after the CounciVCorrunission budget workshop and after they have had an opportunity to take a look at the prognosis of what the state's budget is going to look like. Mayor/Chairman Valles asked Ms. Longville if she wanted to continue the entire item, and she answered in the affirmative. Council Member/Corrunissioner McCammack stated that she was prepared to continue the item regarding the median, but she thought the $100,000 set aside to do some of the major cleanup should not be stalled. She stated that her biggest concern was that part of the money that was going to be used was coming out of the cleanup efforts to reduce blight at Arden Guthrie. She expressed her desire that Ms. Longville amend her motion to continue only the matter relative to the median; however, Ms. Longville said she could not support that. Council Member/Commissioner McCammack withdrew her second. Council Member/Commissioner Derry seconded the motion. City Clerk Clark asked for clarification as to whether they wanted to continue the matter to a date specific. 23 12/16/2002 Council Member/Commissioner Longville amended her motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the budget workshop scheduled for January 27,2003. The motion carried by the following vote: Ayes: Council Members/Commissioners Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. R34. RES. CDC/2002-40 - Resolution of the Community Development Commission of the City of San Bernardino, California, adopting the Economic Development Agency's Annual Statement of Investment Policy for the Year 2003. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. CDC/2002-40 was adopted by the following vote: Council Members/Commissioners Estrada, Longville, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent: None. Ayes: Derry, R35. RES. CDC/2002-41 Resolution of the Community Development Commission of the City of San Bernardino, California, approving amendments to Exhibits "A", "B-1", "B-2", "B-3", "C-19" through "C- 21", "C-32" through "C-34", "C-44" through "C-46", "C-52" through "C-54", and Sections 6, 17, and 32; addition of Exhibits "C-57" through "C-69"; and deletion of Exhibits "C-12" through "C-14", "C-22 through "C-24", and "C-29" through "C-31" of the Personnel Policies and Procedures for all employees of the City of San Bernardino Economic Development Agency. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. CDC/2002-41 was adopted by the following vote: Council Members/Commissioners Estrada, Longville, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent: None. Ayes: Derry, 36. Public Comments Chelsea Lock, 3238 Roberds Avenue, San Bernardino, CA, a member of the Blair Park Youth Neighborhood Cluster Association, thanked the community for responding to the needs of children in the Fifth Ward (they supplied over 70 children with a full Christmas), thanked Coun~il Member/Commissioner Suarez for his donation of 19 bicycles, and invited Mayor Valles to a wrapping party. 24 12/16/2002 37. Adjournment The meeting adjourned at 8:26 p.m. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 1:30 p.m., Monday, January 6,2003, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk 'I By:~~~- E 4/ Linda E. Hartzel Deputy City Clerk No. of Items: 37 No. of Hours: 4.5 25 12/16/2002 _~.~________~_______,_..__._.,.____~~___~.___"_.,,_._________n __.__.____ ___ ____.__~___.__