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Home My WebLink About05-03-1989 Minutes r- . . . ~:;:'N; I '1( . ,..~ _~.>~J r:i<'- ,;'1: It-- . City of San Bernardino, California May 3, 1989 This is the time and place set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Regular Meeting held on Monday, May 1, 1989, at 9:20 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 Notice of Adjournment of said meeting held Monday, May 1, 1989, at 9:20 a.m., and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said Notice which was posted at 3:00 p.m., Monday, May 1, 1989, on the door of the place at which said meeting was held. The Adjourned Regular Meeting Pro Tempore Estrada at 9:07 a.m., Council Chambers of City Hall, Bernardino, California. was called to order by Mayor Wednesday, May 3, 1989, in the 300 North "D" Street, San INVOCATION The Invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Jess Flores. ROLL CALL Roll Call was taken by Deputy City Clerk Lang with the following being present: Mayor Pro Tempore Estrada; Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Empeno, Deputy City Clerk Lang, Acting City Administrator Robbins. Absent: Mayor Wilcox; Council Member Reilly. COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY ADJOURNED REGULAR MEETING The Adjourned Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Vice Chairperson Estrada in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PUBLIC COMMENTS There were no comments from members of the public. 1 5/3/89 - ----' ~, . . . . .t . _.~;O:"( If. -~'i[-~' ," "'> .~ 'H.' ,,' ,. PARKING AGREEMENT - FIVE-LEVEL PARKING STRUCTURE - 235 INVESTMENTS, INC. - 201 NORTH "E" STREET - CONTINUED FROM MAY 1, 1989 Deputy City Clerk Lang stated for the record that pursuant to advice from the City Attorney's Office, although the Community Development Commission/Redevelopment Agency Agenda for this meet- ing was not available until the present date, the matter of a parking agreement with 235 Investments, Inc. is a continued item from the May 1, 1989, Regular Meeting of the Community Develop- ment Commission/Redevelopment Agency of the City of San Bernard- ino. In accordance with Government Code Section 54954.2, Paragraph b.3, this matter may be discussed at this time. (R-1) RES. 89-122 - RESOLUTION OF THE CITY OF SAN BER- NARDINO AUTHORIZING THE EXECUTION OF A PARKING AGREEMENT AND AGREEMENT FOR CONSTRUCTION OF PEDES- TRIAN WALKWAYS BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO; CITY OF SAN BERNARDINO, AND 235 INVESTMENTS, INC., A NEVADA CORPORATION, BY THE MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY. (R-1) This is the time and place continued to for consideration of the lease by 235 Investments, Inc. of 370 spaces in the five- level parking structure adjacent to City Hall for use by what has been known as the Thrifty Building, located at 201 North "E" Street. Brad Kilger, Planning Director, answered concerning the updating of the parking agreement. questions John Wilson, Deputy City Attorney, answered questions, stating that a copy of the agreement was transmitted to Donald Lew, President of 235 Investments, Inc. Donald Lew, President of 235 Investments, Inc., spoke regarding potential parking needs of the building. Planning Director Kilger answered that the overall pOlicy concerning the spaces be reviewed. He described options manage any future parking needs. questions, recommending allocation of parking available to Mr. Lew to Fred Wilson, Assistant to the City Administrator, answered questions concerning his memorandum dated April 25, 1989, to Acting City Administrator Robbins. He stated that the parking spaces in the five-level parking structure will be over allocated by 145 spaces if Mr. Lew's request is granted. 2 5/3/89 . . . .. ,-.r.n",r:. <'l'j; '1t,"" Iii'. He further stated that when the survey was done by the Redevelopment Agency in December, 1988, the vacancy factor in buildings neighboring the parking structure was not taken into account. Use of the Convention Center was also not factored into the survey. Assistant to the City Administrator Wilson explained how the matter came before the Mayor and Common Council without going through the Planning Department. Mr. Lew approached the Parking Commission with a parking plan. Staff had concerns regarding the over allocation of spaces. The City Attorney's Office took the initiative to prepare an agreement and sent it before the Council. Mr. Lew will be required to go through the Planning Department process with whatever use he plans for the building. Planning Director Kilger stated that the Mayor and Common Council will be making a pOlicy decision that the Planning Department will be able to use when making their decision concerning the use of the building located at 201 North "E" Street. Fred Wilson explained that City Hall has 360 spaces allocated, not by legal action, but by staff determination of what is required. There is no specific over allocation in terms of leases. The over allocation is just on paper. Planning Director Kilger explained that by giving Mr. Lew a ceiling of 360 maximum spaces, constraints are placed regarding the kinds of users he contemplates for the building. The Planning Department has control over what goes in the building through the Certificate of Occupancy. Fred questions has been City Hall Wilson, Assistant to the City Administrator, answered regarding the availability of pUblic parking. No study made concerning the number of parking spaces used by employees. John Wilson, Deputy City Attorney, answered questions regarding the clause in the parking agreement to protect the City, and stated that there have been no problems due to over allocation of spaces. Deputy City Clerk Lang read the title of the resolution. Council Member Pope-Ludlam made a Council Member Miller, that further reading waived and that said resolution be adopted. motion, seconded by of said resolution be 3 5/3/89 < ~.c . . . . (," , .T~;~ Resolution Ayes: Council Ludlam, Miller. No. 89-122 was adopted by the following vote: Members Estrada, Flores, Maudsley, Minor, Pope- Noes: None. Absent: Council Member Reilly. RECESS MEETING At 9:35 a.m., Mayor Pro Tempore Estrada called for a five minute recess. RECONVENE MEETING At 9:45 a.m., Mayor Pro Tempore Estrada called the Adjourned Regular Meeting to order in 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 Pro Tempore Estrada; Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Empeno, Deputy City Clerk Lang, Acting City Administrator Robbins. Absent: Mayor Wilcox; Council Member Reilly. PUBLIC COMMENTS There were no comments from the public. DRAFT GENERAL PLAN - CHAPTER 4, This is the time and place General Plan, Chapter 4, Hazards. HAZARDS set for review of the (1 ) Draft Brad Kilger, Planning Director, supplied written materials to the Mayor and Common Council. Draft General Plan - Chapter 4. Hazards - Subsection 12. Geoloqic & Seismic Woody Tescher, consultant from Envicom, gave an overview of Draft General Plan Chapter 4, Hazards, Subsection 12, Geologic and Seismic, concerning the goals, objectives, policies and programs for geologic/seismic hazards of the City. A map depicting the geologic faults in the area was posted on the Council Chambers wall for reference purposes. He described the Geologic Hazard Seismic Policies for the following issues: Fault Rupture Strong Ground Motion Liquefaction Critical Sensitive and High-Occupancy Facilities Hazardous Buildings Emergency Preparedness Post-Disaster Reconstruction. 4 5/3/89 . . . . .:. ~1'l ~ Mr. Tescher answered questions, stating that the prepared study was done preliminary to information regarding the proposed afterbay at Devil Canyon by the State of California. He further stated that the proposed pOlicies are strong enough to provide protection for the City concerning the afterbay. Richard McGreevey of Emergency Services answered questions, stating that the provisions of Subsection 12.6.2 concerning the City's emergency preparedness program are already in place. Valerie Ross, Senior Planner, information regarding each of the recommendations. provided background Planning Commission's James Richardson, Deputy City Administrator/Development, stated that Community Development Block Grant funding is being proposed for a survey of hazardous buildings which is required to be completed by January of 1990, pursuant to Senate Bill 547. He explained that the CDBG program funding begins July 1, 1989. He answered questions regarding Senate Bill 547 having been passed two to three years ago. He recommended that hazardous buildings not be required to be posted with signs. Deputy City Attorney Empeno answered questions, providing his opinion that whether or not a building is posted as hazardous does not change the City's liability. Consultant Tescher responded that he believes Implementation Program I12.11f regarding the posting of hazardous buildings is a Planning Commission recommendation, not a State requirement by law. Dr. Orrin Sage, Consulting Geologist for the General Plan, stated that the recommended posting of a sign on a hazardous building was suggested so as to inform the pUblic of a safety hazard. It might also persuade building owners to make improvements. Discussion ensued regarding the data used to outline the liquefaction areas on the map. COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council Meeting. Senior Planner Ross stated that the map is to be refined and expects that the liquefaction boundaries will be decreased. 5 5/3/89 . . . '" I :';i,~V~<j' ~ '~ Gene Klatt, Assistant City Engineer, spoke in favor of the recommended changes by the Planning Commission to Implementation Program 112.18, so that developers may be permitted to go through plan approval to see if they have a viable project before being required to invest in a liquefaction study. Planning Director Kilger concurred with the recommendation of the Public Works Department, and stated that there is currently an ordinance being reviewed by the Legislative Review Committee which will determine how and when liquefaction reports will be submitted. Assistant City Engineer Klatt answered questions regarding buildings being designed before the potential to liquefaction is determined. Dr. Orrin Sage answered questions regarding the data used to design the map, stating there was a regional report done in 1986. Joe Stejskal, Director of Engineering, Construction and Maintenance of the Water Department, stated that the Water Department should not be responsible for monitoring the wells and adjusting the potential liquefaction boundaries on the map. He stated that the Water Department would cooperate in a study by a consulting geologist. Brad Kilger, diagram the map boundaries. Planning Director, stated that the data used to obviously needs updating for the liquefaction Council Member Miller made a motion, seconded by Council Member Maudsley, that Draft General Plan Chapter 4, Hazards, Subsection 12.0, Geologic Seismic, be approved in concept as recommended by the Planning Commission, subject to the Mayor and Common Council's final review of the Draft General Plan and Draft Environmental Impact Report; and that Implementation Program 112.18 not be amended as recommended by the Planning Commission to allow for developers to go through plan approval before being required to invest in a liquefaction study. Planning Director Kilger stated that amending Implementation Program 112.18 at this time, as recommended by the Planning Commission, leaves the process open while the Legislative Review Committee is reviewing the ordinance concerning what items are exempted and how reports will be submitted. 6 5/3/89 .,---'-,~ . . . ,\T.'I!': .:;,", :":;"'';' .~. '~.. ,'~"~''I;:'''':'''-- ~""'~~~"~,,t'i'" '...; Council Member Miller made a substitute motion, seconded by Council Member Maudsley and unanimously carried, that Draft General Plan Chapter 4, Hazards, Subsection 12.0, Geologic Seismic, be approved in concept as recommended by the Planning Commission, sUbject to the Mayor and Common Council's final review of the Draft General Plan and Draft Environmental Impact Report. Draft General Plan - Chaoter 4. Hazards - Subsection 13. Hazardous Materials/Uses Woody Tescher, consultant from Envicom, gave an overview of Draft General Plan Chapter 4, Hazards, Subsection 13, Hazardous Materials/Uses, concerning the goals, objectives and policies for hazardous materials/uses in the City. He described the Hazardous Materials/Uses Policies for the following issues: 1. Hazardous Waste Management Planning 2. Hazardous Waste Operations 3. Emergency Response Planning 4. Surface and Subsurface Groundwater Contamination. Valerie Ross, Senior information concerning each recommendations. provided Planning background Commission's Planner, of the Discussion ensued regarding the County's Hazardous Waste Management Plan. Planning Director Kilger answered questions, stating that the State has asked the County to do revisions to the County Hazardous Waste Management. In the interim, the City continues to operate under current procedure. The County has requested that the City review the plan and approve it in concept on May 22nd in order to meet their June 1st deadline with the State. The County is required by the State to have the concept approval of 50% of the cities with 50% of the population within the County. Deputy City Attorney Empeno suggested that since the Planning Commission did not have the benefit of the County's Hazardous Waste Management Plan when they made their recommendations, that the City not adopt and enforce their plan. The City can establish its own plan, or adopt the County's plan in part, and then revise the plan to reflect other options. Planning Director Kilger advised that the County is in need of the City's approval of the plan only in concept. The City can revise the plan if it finds that it does not suit the City's needs. 7 5/3/89 'i . . . "~'.; .., . :'~' , >''i.i, lJl' -'I';' ~'(''''' " ';'1f-: <.,,!'Il' ,~" '.:1" ~r>,' 11',:- Senior Planner Ross answered questions regarding the future of Norton Air Force Base and Implementation Program 113.26, concerning the prohibition of recycling of land uses from industrial or military to residential, commercial, pUblic use or recreational until sites are determined to be free of contamination by hazardous materials as designated by City or State lists. Deputy City Attorney Empeno stated that he interprets this to mean specific sites, in that the entire NAFB will not be prohibited from recycling, only those portions not determined to be free of contamination. Implementation Program 113.29, concerning permits being required for the use, storage or disposal of hazardous substances, was discussed. It was suggested that it be clarified to include the wording "in accordance with all County, State and Federal laws". Senior Planner Ross explained that Implementation Programs 113.51 - 113.57, concerning the disposal of hazardous materials, was recommended for deletion because it is included in the County Hazardous Waste Management Plan. Deputy City Attorney Empeno suggested that this matter be continued until May 22nd for review of the County's plan. Planning Director Kilger noted that the Planning Commission will be deliberating on the final General Plan document on the evening of May 22nd. If action on some items is continued until that date, the information will need to be available to them for that evening meeting. There were no further comments from staff or the public. Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that the approval of Chapter 4, Hazards, Subsection 13, Hazardous Materials/Uses, be continued until the May 22, 1989, meeting of the Mayor and Common Council of the City of San Bernardino. Planning Director Kilger stated that the suggested revisions to Implementation Programs 113.26 and 113.29 will be brought back on that date. 8 5/3/89 -,,;....., . . . . ..~, ..,,' iG:..i>," :i..-."t'f;~~'i -(. Draft General Plan - Chapter 4. Hazards - Subsection 14. Noise Woody Tescher, consultant from Envicom, provided an overview of Chapter 4, Hazards, Subsection 14, Noise, which enumerates the goals, objectives and pOlicies for noise in the City of San Bernardino. Two plan policy maps concerning noise were provided. Ross gave background information concerning Commission's recommendations to Subsection Senior Planner each of the Planning 14 regarding noise. She answered questions regarding Implementation Program 114.17 concerning noise level specifications for vendors when purchasing new public equipment or vehicles to ensure that noise levels are not excessive. Implementation Program 114.25 concerning the encouraged use of bicycles to reduce vehicular traffic and associated noise was discussed. Deputy City Attorney Empeno stated that he is not aware of any local or State laws requiring the City to establish or be responsible for a bike route. He further stated that he knows of no increase in City liability for bike paths painted by the City. There were no further comments by staff or the public. Council Member Miller made a motion, seconded by Council Member Flores and unanimously carried, that Chapter 4, Subsection 14, Noise, be approved in concept as recommended by the Planning Commission, subject to the Mayor and Common Council's final review of the Draft General Plan and Draft Environmental Impact Report. RECESS MEETING At 11:20 a.m., Mayor Pro Tempore Estrada called for a five minute recess. RECONVENE MEETING At 11:29 a.m., Mayor Pro Tempore ~strada called the meeting to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 9 5/3/89 ~'C;7'-,,,,~ . . . . ":.ii-r;", ,':'-~- '~?..'~ -'< ' '" ..t "",,.,~_"'f:lt~,.o: '~!I; ~~--'" 1';;.'71' ~";;~' ;'}' '1: .. ~~~iIf.;: , ROLL CALL Roll Call was taken by Deputy City Clerk Lang with the following being present: Mayor Pro Tempore Estrada; Council Members Estrada, Flores, Maudsley, Minor, Miller; Deputy City Attorney Empeno, Deputy City Clerk Lang, Planning Director Kilger. Absent: Mayor Wilcox; Council Members Reilly, Pope- Ludlam. Draft General Plan - Chapter 4. Hazards - Subsection 15. Wind & Fire Woody Tescher, consultant from Envicom, provided an overview of Chapter 4, Hazards, Subsection 15, Wind & Fire, which listed the goals, objectives and policies for wind and fire hazards in the City of San Bernardino. Senior Planner Ross presented the recommended change by the Planning Commission. She answered questions regarding Implementation Program I15.2.7 and fire retardant roofs. James Richardson, Deputy City Administrator/Development, stated that Implementation Program I15.10 regarding the current delineation of the Wind Hazard Area (Figure 63) provides for a look at the Il0 Freeway and Route 30, which may extend the ordinance currently on the books. There were no further comments by staff or the public. Council Member Flores made a motion, seconded by Council Member Minor and unanimously carried, that Chapter 4, Subsection 15, Wind & Fire, be approved in concept as recommended by the Planning Commission, subject to the Mayor and Common Council's final review of the Draft General Plan and Draft Environmental Impact Report. Draft General Plan - Chapter 4. Hazards - Subsection 16. Floodinq Woody Tescher, consultant from Envicom, provided an overview of Chapter 4, Hazards, Subsection 16, Flooding, regarding the City's goals, objectives and pOlicies for flooding. Senior Planner Ross stated that there were no recommended changes by the Planning Commission to Subsection 16, Flooding. A correction was made to Implementation Program I16.1 regarding the Federal Emergency Management Agency requirements regarding flooding. 10 5/3/89 j- . . . . """,,":-~ ";::r_~<t'..J, --"~ -, "'-~'";\:_;r"'"".,'~.::rr~" 1l',' ,~p~'Tr'. "",:-f "Ifi>",t.' ~ She answered questions Management Program, stating Storm Drain Plan. regarding the that the City County Flood Plain follows the County's Planning Director Kilger spoke regarding the City coordinating with the County concerning storm drain construction. There were no further comments from staff or the public. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that Chapter 4, Hazards, Subsection 16, Flooding, be approved in concept as recommended by the Planning Commission, sUbject to the Mayor and Common Council's final review of the Draft General Plan and Draft Environmental Impact Report. ADJOURNMENT At 11:45 a.m., Council Member Flores made a motion, seconded by Council Member Maudsley and unanimously carried, that the Council adjourn to Saturday, May 6, 1989, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (2) 4:1//d) d: ~ Deputy City Clerk No. of Items: 2 No. of Hours: 2 3/4 hours 11 5/3/89