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HomeMy WebLinkAbout02-14-1983 Minutes . . City of San Bernardino, California . February 14, 1983 This is the time and place heretofore set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Regular Meeting held Monday, February 7, 1983, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the Order of Adjourn- ment of said meeting held Monday, February 7, 1983, at 9:00 a.m., and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said Order which was posted on Tuesday, February 8, 1983, at 9:30 a.m., in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, Califor- nia. . The Adjourned Regular Meeting of the Mayor and Common Coun- cil of the City of San Bernardino was called to order by Mayor Holcomb at 2:00 p.m., on Monday, February 14, 1983, in the Coun- cil Chambers of City Hall, 300 North "D" Street, San Bernardino, California. INVOCATION The Invocation was given by Monsignor John Bradley, Pastor of St. Bernardine's Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Quiel. ROLL CALL Roll Call was taken by the City Clerk with the following be- ing present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: Council Member Hobbs. . RECESS MEETING - CLOSED SESSION At 2:04 p.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino recessed for a Closed Session of the Redevelopment Agency for discussion on pending litigation. CLOSED SESSION The Closed Session of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler; City Attorney Prince, City Administrator Matzer. Absent: Council Member Hobbs; City Clerk Clark. Also present were Glenda Saul, Deputy Director of the Re- development Agency, Ray Schweitzer, Deputy City Administrator, and Bill Flory, Agency Counsel. COUNCIL MEMBER HOBBS ARRIVED At 2:20 p.m., Council Member Hobbs arrived at the Closed Session. . ADJOURN CLOSED SESSION At 2:30 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Adjourned Regular Meeting in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. . . . RECONVENE MEETING At 2:30 p.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Holcomb; Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, Strickler; City Attorney Prince, City Clerk Clark, City Administrator Matzer. Absent: None. COURT AND "E" STREET PROPERTY - DOMINGUEZ Mayor Holcomb stated that in the Closed Session, a discussion was held regarding the possibility of settling the litigation on the property at Court and "E" Street with Mr. Frank Dominguez of Vanir Development Company. . Mayor Holcomb stated that after the Council meeting of Feb- ruary 7, 1983, the Redevelopment Agency's attorney was directed to ask Mr. Dominguez's attorney for a settlement proposal and in the Closed Session it appears we have concurrence on the offer to settle on behalf of the City, which would give Mr. Dominguez additional time over and beyond previously requested to complete the building. It was proposed in the Closed Session to accept the concept that Mr. Dominguez offered in his proposal, that is, to build on that site a building of 174,000 square feet with a four-level parking structure which Mr. Dominguez has represented he was going to build on that site. Mayor Holcomb recommended that the Council propose to Mr. Dominguez, that instead of having five months in which to start such project, he would have six months in which to start a 174,000 square foot building with a four-level parking structure. Com- mencing on March 1, 1983, Mr. Dominguez shall have six months in which to do the following: 1. Have approved plans for a 174,000 square foot build- ing with a four-level parking structure. . 2. That he shall have obtained a building permit from the City of San Bernardino for the 174,000 square foot building and four-level parking structure. 3. That he will have obtained a construction loan for a 174,000 square foot building and parking structure. 4. That he will have an unconditional letter for fi- nancing from a recognized financial institution. 5. He will actually start construction within the six months period. Should for any reason Mr. Dominguez not be able to meet the six months deadline, he may obtain an additional 90 day exten- sion to meet those conditions, provided he pay to the Redevelop- ment Agency, the sum of $50,000 for the 90 day extension. The $50,000 would be refundable upon completion of the building. . A further condition of compliance by Mr. Dominguez would be that once he starts construction of the building he must pursue construction with due diligence and complete the building within two years from the date the construction commences. If he fails to meet the terms and conditions of this offer, all of Mr. Dominguez rights in the property shall cease and the - 2 - 2/14/83 . . Agency shall be free to solicit other proposals on the property, and will retain the $50,000 that may be deposited for the addi- It tional 90 days. Mr. Jim Hicks spoke on behalf of Vanir Development Company confirming his interpretation of the terms and conditions as set forth by Mayor Holcomb. After discussion, it was agreed that after construction has commenced, Mr. Dominguez would have actually 25 months in which to complete the project. Council Member Marks made a motion, seconded by Council Mem- ber Quiel, that Agency Attorney William Flory be authorized to make a formal offer to Mr. Frank Dominguez in accordance with the terms and conditions recited by Mayor Holcomb. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: None. Abstain: Council Member Hobbs. It VARIANCE NO. 82-18 - SOUTH SIDE OF HOSPITALITY LANE AND WATERMAN AVENUE - McKENZIE - FINDINGS OF FACT At the Council Meeting of February 7, 1983, the appeal filed by Ronald McKenzie of Heath and Company on the Planning Commission's decision of denial of Variance No. 82-18 was recommended for ap- proval subject to findings of fact to be presented at this Coun- cil Meeting by the Planning Director. The Variance was revised allowing the sign at a height of 55 feet with two signs on one pole with the understanding that no additional signs may appear on the structure and not more than 150 square feet of sign area may advertise any single entity. (1) The following findings of fact were presented in a memoran- dum dated February 11, 1983 from the Planning Director: A. There are exceptional or extraordinary circum- stances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district and neighborhood. It Response: Said parcel of land is substantially lower in grade elevation than the freeway right- of-way, as a result, maintenance of a sign at 40 feet in height places undue hardship upon the property owner. B. That such variance is necessary for the preserva- tion and enjoyment of a substantial property right of the applicant. Response: Other property owners within the im- mediate area have been permitted to erect signs which exceed the current 40 foot height limita- tion. Denial of this request would be permitting those existing businesses in the area a special privilege not enjoyed by all businesses having similar and like conditions. C. That the granting of the variance will not be detrimental to the public welfare or injurious to property and improvements in the zoning dis- trict and neighborhood in which the property is located. It - 3 - 2/14/83 . . . Response: Existing businesses within the area currently have signs which exceed both the height and size limitations as permitted by the San Ber- nardino Municipal Code. The granting of a vari- ance will not be detrimental to the public welfare nor should the approval be injurious to adjoining properties. D. That the granting of such a variance will not be contrary to the objectives of the Master Plan. Response: Although the San Bernardino Comprehen- sive General Plan discourages excessive signage within the City limits, the amount of signage pro- posed would be in compliance if erected on two- pole standards. The Comprehensive Plan takes in- to account extraordinary circumstances applicable to property and justification for deviations from standards in height. COUNCIL MEMBER HOBBS EXCUSED Council }!ember Hobbs was excused from the Council Meeting. . Council Member Reilly made a motion, seconded by Council Member Marks, that the findings of fact and the recommendation of the Planning Director be approved. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Marks, Quiel, Strickler. Noes: Coun- cil Member Hernandez. Absent: Council Member Hobbs. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA PROVIDING FOR THE ISSUANCE OF CITY OF SAN BERNARDINO SEWER REVE- NUE REFUNDING BONDS. (Continued from February 7, 1983) (2) Council Member Hernandez made a motion, seconded by Council Member Castaneda and unanimously carried, that the resolution be tabled. . RES. 83-47 - RESOLUTION OF THE CITY OF SAN BERNAR- DINO REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO PERMIT THE COUNTY REGISTRAR OF VOTERS TO RENDER SERVICES TO THE CITY OF SAN BERNARDINO, RELATING TO A MUNICIPAL ELECTION TO BE HELD ON MARCH 8, 1983. (3) The City Clerk read the title of the resolution. Council Member Strickler made a motion, seconded by Council Member Marks and unanimously carried, that further reading of the resolution be waived and said resolution be adopted. Resolution No. 83-47 was adopted by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Strickler. Noes: None. Absent: Council Member Hobbs. . NEW CENTRAL LIBRARY - PIONEER PARK LOCATION - GREGORY VILLANUEVA AlA & ASSOCIATES AND J. D. DIFFENBAUGH - AD HOC COMMITTEE REPORT Council Member Quiel presented a report from the Library Ad Hoc Committee stating that at the Council Meeting of February 7, 1983, the Mayor and Council appointed a Library Ad Hoc Com- mittee composed of Council Member Gordon Quiel, Chairman, and Council Members Marks and Reilly, for the purpose of studying the library construction issue and reporting back to the Mayor and Council at the meeting of February 14, 1983. (4) - 4 - 2/14/83 . . . The report further stated that through negotiations during the committee meeting, all fees were guaranteed on a "not-to- exceed" basis and the amount of $45,000 was dropped from the in- terior design cost; however, no substantive change will occur in the amenities of the interior design and the original proposed cost will be included as a part of the architecture fees with no increase. The committee recommended acceptance of J. D. Diffenbaugh and Villanueva, Inc. for the library design, plans, etc. and con- struction management for an amount not to exceed the amounts as follows: 1. Architectural fees, including interior designs for furnishings were $268,300. 2. Cost of general conditions were $173,539. 3. Construction manager fees were $191,700. The above amounts were an integral part of the original estimate of $4,294,400. . Further, the Committee recommended to the Mayor and Council that the City enter into an agreement with J. D. Diffenbaugh and Villanueva, Inc. after the City identifies source of funding for the total library project. COUNCIL MEMBER HOBBS RETURNED Council Member Hobbs returned to the Council Meeting and took his place at the Council Table. A resolution approving in principle proposed agreements be- tween the City and Gregory Villanueva, AIA, and Associates and J. D. Diffenbaugh was presented. Mayor Holcomb urged the Council not to adopt the resolution. After discussion, Council Member Quiel made a motion, seconded by Council Member Reilly, that the recommendations of the Ad Hoc Committee to enter into an agreement be approved in principle and that City staff be directed to continue negotiating with the two principals to come up with a contract and that staff report back at the next Council meeting if in fact the Council is going to .. have some information on financing. Gregory Villanueva was present to answer questions. Council Member Marks made a substitute motion, seconded by Council Member Castaneda, to add to Subsection C of the proposed resolution to the motion made by Council Member Quiel. City Attorney Prince stated that he agreed with the Mayor's recommendation that the resolution should not be adopted. Council Member Marks withdrew his substitute motion. . The motion made by Council Member Quiel that the recommen- dations of the Ad Hoc Committee to enter into an agreement be approved in principle and that City staff be directed to con- tinue negotiating with the two principals to come up with a contract and that staff report back at the next Council meeting if in fact the Council is going to have some information on financing carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel. Noes: None. Absent: None. Abstain: Council Members Hobbs, Strickler. - 5 - 2/14/83 . . . . . . MIDYEAR This is 83 budget. BUDGET REVIEW the time and place set to for a review of the 1982- (5) John Matzer, City Administrator, presented the midyear 1982- 83 budget analysis and answered questions. No action was taken. ADJOURN MEETING At 4:30 p.m., Council Member Quiel made a motion, seconded by Council Member Castaneda, that the meeting be adjourned. The motion carried by the following vote: Ayes: Council Members Castaneda, Reilly, Hernandez, Quiel, Hobbs, Strickler. Noes: Council Member Marks. Absent: None. City Clerk Approved the 4th of March, 1983. Mayor of the City of San Bernardino - 6 - 2/14/83